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【法规名称】 
【法规编号】 58754  什么是编号?
【正  文】

第10页 CAP 434 MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE

[接上页]

  2. After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted-
  
  (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter;
  
  (b) at the port of disembarkation in respect of claims for loss of life or personal injury;
  
  (c) at the port of discharge in respect of damage to cargo; or
  
  (d) in the State where the arrest is made.
  
  3. The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the court administering that fund and the fund is actually available and freely transferable in respect of that claim.
  
  ARTICLE 14
  
  Governing law
  
  Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted.
  
  CHAPTER IV. SCOPE OF APPLICATION
  
  ARTICLE 15
  
  This Convention shall apply wherever any person referred to in Article 1 seeks to limit his liability before the court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State.
  
  Cap 434 Sched 3
  
  (Omitted as spent)
  
  (Enacted 1993)
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