【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
第12页 CAP 329 MARINE INSURANCE ORDINANCE
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[接上页] (3) The provisions of this Ordinance, in so far as they may be modified by the agreement of the parties, may in the case of mutual insurance be modified by the terms of the policies issued by the association, or by the rules and regulations of the association. (4) Subject to the exceptions mentioned in this section, the provisions of this Ordinance apply to a mutual insurance. [cf. 1906 c. 41 s. 85 U.K.] Cap 329 s 86 Ratification by assured SUPPLEMENTAL Where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after he is aware of a loss. [cf. 1906 c. 41 s. 86 U.K.] Cap 329 s 87 Implied obligations varied by agreement or usage (1) Where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. (2) The provisions of this section extend to any right, duty, or liability declared by this Ordinance which may be lawfully modified by agreement. [cf. 1906 c. 41 s. 87 U.K.] Cap 329 s 88 Reasonable time, etc. a question of fact Where by this Ordinance any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact. [cf. 1906 c. 41 s. 88 U.K.] Cap 329 s 89 Slip as evidence Where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal proceeding. [cf. 1906 c. 41 s. 89 U.K.] Cap 329 s 90 Interpretation of terms In this Ordinance, unless the context or subject-matter otherwise requires- "action" (诉讼) includes suit, counter-claim and set-off; "freight" (运费) includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or movables, as well as freight payable by a third party, but does not include passage money; "movables" (动产) means any movable tangible property, other than the ship, and includes money, valuable securities, and other documents; and "policy" (保单) means a marine policy. [cf. 1906 c. 41 s. 90 U.K.] Cap 329 s 91 Saving The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to contracts of marine insurance. [cf. 1906 c. 41 s. 91 U.K.] Cap 329 s 92 Prohibition of gambling on loss by maritime perils Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) If- (a) any person effects a contract of marine insurance without having any bona fide interest, direct or indirect, either in the safe arrival of the ship in relation to which the contract is made or in the safety or preservation of the subject-matter insured, or a bona fide expectation of acquiring such an interest; or (b) any person in the employment of the owner of a ship, not being a part owner of the ship, effects a contract of marine insurance in relation to the ship, and the contract 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,the contract shall be deemed to be a contract by way of gambling on loss by maritime perils, and the person effecting it shall be guilty of an offence, and shall be liable, on conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2000, or to both such fine and imprisonment and in either case to forfeit to the Government any money he may receive under the contract. (Amended 13 of 1966 Schedule; 64 of 1999 s. 3) (2) Any broker or other person through whom, and any insurer with whom, any such contract is effected shall be guilty of an offence and liable on conviction to the like penalties if he acted knowing that the contract was by way of gambling on loss by maritime perils within the meaning of this section. (3) Proceedings under this section shall not be instituted without the consent of the Secretary for Justice. (Amended L.N. 362 of 1997) (4) Proceedings shall not be instituted under this section against a person (other than a person in the employment of the owner of the ship in relation to which the contract was made) alleged to have effected a contract by way of gambling on loss by maritime perils until an opportunity has been afforded him of showing that the contract was not such a contract as aforesaid, and any information given by that person for that purpose shall not be admissible in evidence against him in any prosecution under this section. (5) If proceedings under this section are taken against any person (other than a person in the employment of the owner of the ship in relation to which the contract was made) for effecting such a contract, and the contract was 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, the contract shall be deemed to be a contract by way of gambling on loss by maritime perils unless the contrary is proved. |
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