【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
CAP 329 MARINE INSURANCE ORDINANCE
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To codify the law relating to marine insurance. [9 June 1961] (Originally 21 of 1961) Cap 329 s 1 Short title This Ordinance may be cited as the Marine Insurance Ordinance. Cap 329 s 2 Marine insurance defined MARINE INSURANCE (1) A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure. (2) A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. (3) Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Ordinance, in so far as applicable, shall apply thereto; but, except as by this section provided, nothing in this Ordinance shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Ordinance defined. [cf. 1906 c. 41 ss. 1 & 2 U.K.] Cap 329 s 3 Marine adventure and maritime perils defined (1) Subject to the provisions of this Ordinance, every lawful marine adventure may be the subject of a contract of marine insurance. (2) In particular there is a marine adventure where- (a) any ship goods or other movables are exposed to maritime peril. Such property is in this Ordinance referred to as "insurable property"; (b) the earning or acquisition of any freight, passage money, commission, profit, or other pecuniary benefit, or the security for any advances, loan, or disbursements, is endangered by the exposure of insurable property to maritime perils; (c) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils.(3) For the purposes of this Ordinance, "maritime perils" (海上危险) means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints, and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy. [cf. 1906 c. 41 s. 3 U.K.] Cap 329 s 4 Avoidance of wagering or gaming contracts INSURABLE INTEREST (1) Every contract of marine insurance by way of gaming or wagering is void. (2) A contract of marine insurance is deemed to be a gaming or wagering contract- (a) where the assured has not an insurable interest as defined by this Ordinance, and the contract is entered into with no expectation of acquiring such an interest; or (b) where the policy is made "interest or no interest", or "without further proof of interest than the policy itself", or "without benefit of salvage to the insurer", or subject to any other like term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer. [cf. 1906 c. 41 s. 4 U.K.] Cap 329 s 5 Insurable interest defined (1) Subject to the provisions of this Ordinance, every person has an insurable interest who is interested in a marine adventure. (2) In particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof. [cf. 1906 c. 41 s. 5 U.K.] Cap 329 s 6 When interest must attach (1) The assured must be interested in the subject-matter insured at the time of the loss though he need not be interested when the insurance is effected: Provided that where the subject-matter is insured "lost or not lost", the assured may recover although he may not have acquired his interest until after the loss, unless at the time of effecting the contract of insurance the assured was aware of the loss, and the insurer was not. (2) Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss. [cf. 1906 c. 41 s. 6 U.K.] Cap 329 s 7 Defeasible or contingent interest (1) A defeasible interest is insurable, as also is a contingent interest. (2) In particular, where the buyer of goods has insured them, he has an insurable interest, notwithstanding that he might, at his election, have rejected the goods, or have treated them as at the seller's risk, by reason of the latter's delay in making delivery or otherwise. [cf. 1906 c. 41 s. 7 U.K.] Cap 329 s 8 Partial interest A partial interest of any nature is insurable. [cf. 1906 c. 41 s. 8 U.K.] Cap 329 s 9 Re-insurance (1) The insurer under a contract of marine insurance has an insurable interest in his risk, and may re-insure in respect of it. |
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