【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第10页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where a policy of insurance has been issued under section 107D in favour of any person, the happening in relation to any person insured by the policy of any such event as is mentioned in subsection (1) or (2) of section 2 of the Third Parties (Rights against Insurers) Ordinance (Cap 273) shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 107D(1)(b), but nothing in this section shall affect any rights against the authorized insurer conferred by that Ordinance on the person to whom the liability was incurred. (Amended 61 of 1989 s. 7) (2) Where the rights of an insured person against an authorized insurer under a contract of insurance issued for the purpose of section 107C(1) are by virtue of section 2 of the Third Parties (Rights against Insurers) Ordinance (Cap 273) transferred to and vested in a third party, the Court of First Instance has power to hear and determine a claim by the third party against the authorized insurer under the contract of insurance notwithstanding that the authorized insurer is not within the jurisdiction of the Court. (Added 61 of 1989 s. 7. Amended 25 of 1998 s. 2) Cap 281 s 107H Avoidance of restrictions on scope of policies covering third party risks (1) Where a policy of insurance has been issued under section 107D in favour of any person, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters- (a) the age or physical or mental condition of persons in charge of the vessel; or (Amended 61 of 1989 s. 8) (b) the condition of the vessel; or (c) the number of persons that the vessel carries; or (d) the times at which or the areas within which the vessel is used; or (e) the horsepower or value of the vessel's engine; or (f) the carrying on the vessel of any particular apparatus; or (g) the carrying on the vessel of any particular means of identification other than any means of identification required to be carried by or under this Ordinance or any regulations made hereunder,shall, as respect such liabilities as are required to be covered by a policy under section 107D(1)(b), be of no effect: (Amended L.N. 386 of 1993) Provided that nothing in this section shall require an authorized insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an authorized insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person. (2) Where a person uses, or causes or permits any person to use, a vessel to which this Part applies in the waters of Hong Kong in such circumstances that under section 107C there is required to be in force in relation to his use of it such a policy of insurance in respect of third party risks as complies with the requirements of this Part, then, if any other person is carried aboard the vessel while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held- (Amended 61 of 1989 ss. 8 & 13) (a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vessel as is required by section 107D(1)(b) to be covered by a policy of insurance; or (b) to impose any conditions with respect to the enforcement of any such liability of the user,and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user. (3) For the purposes of subsection (2)- (a) references to a person being carried aboard a vessel include references to a person boarding or disembarking from, the vessel; and (Amended 61 of 1989 s. 8) (b) the reference to any antecedent agreement is to one made at any time before the liability arose. Cap 281 s 107I Duty of person against whom claims are made to give information as to insurance (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 107D(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purpose of this Part, or would have been so insured if the authorized insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give particulars with respect to that policy. (2) If, without reasonable excuse, any person fails to comply with subsection (1), or wilfully makes any false statement in reply to any such demand, he commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. |
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