【法规名称】
【法规编号】 58754 什么是编号？
【正 文】
第2页 CAP 434 MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE
|
[接上页] Subject to this Part, the Convention on Limitation of Liability for Maritime Claims, 1976 as set out in Schedule 2 (in this Part and in that Schedule referred to as "the Convention" (公约)) has the force of law in Hong Kong. (Enacted 1993) Cap 434 s 13 Interpretation Remarks: Amendments retroactively made - see 25 of 1998 s. 2 For the purposes of this Ordinance- (a) "ship" (船、船舶) in the Convention includes- (i) any air-cushion vehicle designed to operate in or over water while so operating; and (ii) any structure (whether completed or in the course of completion) launched and intended for use in navigation as a ship or part of a ship;(b) references in the Convention to the court are references to the Court of First Instance. (Amended 25 of 1998 s. 2) Cap 434 s 14 Right to limit liability Notwithstanding paragraph 2 of Article 1 of the Convention, the right to limit liability under the Convention applies in relation to any ship whether seagoing or not, and "shipowner" (船东) in that paragraph has a corresponding meaning. (Enacted 1993) Cap 434 s 15 Claims subject to limitation (1) The Governor may by order provide for- (a) the setting up and management of a fund to be used for the making to harbour or conservancy authorities of payments needed to compensate them for the reduction, in consequence of paragraph 1(d) of Article 2 of the Convention, of amounts recoverable by them in claims of the kind there mentioned; and (b) the maintaining of such a fund by contributions from such authorities raised and collected by them in respect of vessels in the same manner as other sums so raised by them.(2) Any order under subsection (1) may contain such incidental and supplemental provisions as appear to the Governor to be necessary or expedient. (3) Paragraph 1(d) of Article 2 of the Convention shall not apply unless an order has been made under subsection (1). (Enacted 1993) Cap 434 s 16 Claims excluded from limitation (1) The claims excluded from the Convention by paragraph (b) of Article 3 of the Convention are claims in respect of any liability incurred under section 6 of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414). (2) The claims excluded from the Convention by paragraph (c) of Article 3 of the Convention are claims made by virtue of section 3 or 4 of the Nuclear Material (Liability for Carriage) Ordinance (Cap 479). (Amended 45 of 1995 s. 17) (Enacted 1993) Cap 434 s 17 The general limits (1) In the application of Article 6 of the Convention to a ship with a tonnage less than 300 tons that Article has effect as if- (a) paragraph 1(a)(i) referred to 166667 Units of Account; and (b) paragraph 1(b)(i) referred to 83333 Units of Account.(2) For the purposes of Article 6 of the Convention and this section a ship's tonnage is its gross tonnage calculated in such manner as may be prescribed by an order made by the Governor. (3) Any order under this section shall, so far as appears to the Governor to be practicable, give effect to the regulations in Annex I of the International Convention on Tonnage Measurement of Ships, 1969. (Enacted 1993) Cap 434 s 18 Limit for passenger claims (1) In the case of a passenger ship within the meaning of Part II of the Merchant Shipping (Safety) Ordinance (Cap 369) the ship's certificate mentioned in paragraph 1 of Article 7 of the Convention is the passenger ship's certificate issued under section 14 of that Ordinance. (2) In paragraph 2 of Article 7 of the Convention the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under the Fatal Accidents Ordinance (Cap 22). (Enacted 1993) Cap 434 s 19 Constitution of fund (1) The Monetary Authority may from time to time by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of Article 11 of the Convention. (2) Where a fund is constituted with the court in accordance with Article 11 of the Convention for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted. (Enacted 1993) Cap 434 s 20 Distribution of fund No lien or other right in respect of any ship or property shall affect the proportions in which under Article 12 of the Convention the fund is distributed among several claimants. (Enacted 1993) Cap 434 s 21 Bar to other actions Where the release of a ship or other property is ordered under paragraph 2 of Article 13 of the Convention, the person on whose application it is ordered to be released is deemed to have submitted to the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached. (Enacted 1993) Cap 434 s 22 Exclusion of liability (1) Subject to subsection (3), the owner of a Hong Kong ship is not liable for any loss or damage- (a) where any property on board the ship is lost or damaged by reason of fire on board the ship; or |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！