【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第8页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (3) In this Part- "authorized insurer" (获授权保险人) means- (a) an insurer authorized under the Insurance Companies Ordinance (Cap 41) to carry on insurance business of the nature specified in class 12 in Part 3 of the First Schedule to that Ordinance; (b) an association of underwriters approved by the Chief Executive in Council under section 6 of that Ordinance; (Amended 64 of 1999 s. 3) (c) the society of underwriters known in the United Kingdom as Lloyd's; or (d) an insurer approved under subsection (2);"certificate of insurance" (保险证书) means a certificate of insurance issued for the purposes of section 107M(1); "ferry vessel" (渡轮船只) means a vessel which- (a) plies regularly between 2 or more points within the waters of Hong Kong; (b) is used for commercial purposes; and (c) is required to be licensed for such use by the regulations;"launch" (小轮) means a vessel of European type not exceeding 300 tons which- (a) is designed or used for- (i) the conveyance of persons or things; (ii) towing or pushing; or (iii) any other purpose;(b) is used for commercial purposes; and (c) is required to be licensed for such use by the regulations, but does not include a vessel which is a pleasure vessel;"owner" (船东) in relation to a vessel to which this Part applies includes a person who is deemed to be the owner of the vessel for the purpose of any regulations requiring that vessel to be licensed and in relation to a launch or ferry vessel also includes a charterer of the vessel; "pleasure vessel" (游乐船只) means any vessel which is- (a) possessed or used exclusively for pleasure purposes; and (b) required by the regulations to be licensed as a pleasure vessel, and, for the purposes of the application of this Part to such a vessel, it shall be deemed to be mechanically propelled if it has an engine installed on it or carried on it, or is designed to have an engine installed on it or carried on it, whereby it may be so propelled;"protection and indemnity association" (保障及弥偿组织) means an association established by shipowners to provide mutual indemnity for its members against losses and liabilities incident to marine adventure; "regulations" (规例) means regulations made or deemed to have been made under section 33 of the Shipping and Port Control Ordinance (Cap 313). (Replaced 61 of 1989 s. 3) Cap 281 s 107C Obligation on users of vessels to be insured against third party risks (1) No owner of a vessel to which this Part applies may use, or cause or permit any other person to use, that vessel in the waters of Hong Kong unless there is in force in relation to the user of the vessel by such owner or that other person, as the case may be, such policy of insurance as complies with section 107D. (2) If a person contravenes subsection (1) he commits an offence and is liable where the offence relates to the use of- (a) a launch or ferry vessel, to a fine of $100000 and to imprisonment for 2 years; or (b) a vessel other than a launch or ferry vessel, to a fine of $15000 and to imprisonment for 12 months. (Amended 61 of 1989 ss. 4 & 13) Cap 281 s 107D Requirements in respect of policies (1) For the purposes of section 107C(1) a policy of insurance must be a policy which- (a) is issued by an authorized insurer; (Amended 61 of 1989 s. 5) (aa) is expressed to be- (i) governed by the law of Hong Kong; and (ii) issued or given for the purposes of section 107C; and (Added 61 of 1989 s. 5)(b) insures such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the vessel in the waters of Hong Kong: (Amended 61 of 1989 ss. 5 & 13) Provided that such a policy shall not be required to cover- (i) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) any contractual liability; or (iii) any liability in respect of any one accident or series of accidents arising out of the same event exceeding such amount as shall be prescribed. (Amended 61 of 1989 s. 5)(2) Notwithstanding anything in any law, an authorized insurer issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (3) A policy which is issued for the purposes of section 107C shall be governed by the law of Hong Kong. (Added 61 of 1989 s. 5) Cap 281 s 107E Certain conditions to policies to be of no effect (1) Subject to subsection (2) any condition in a policy issued or given for the purposes of section 107C providing that no liability shall arise under the policy or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall be of no effect in connection with such claims as are mentioned in section 107D(1)(b). |
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