【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第10页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (4) No steps shall be taken to enforce judgment referred to in subsection (3) unless and until the court in which it is registered under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) gives leave to enforce it; and- (a) that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under paragraph 4 of Article 4 of the Fund Convention, or that it is to be reduced to a specified amount; and (b) in the latter case, the judgment shall be enforceable only for the reduced amount. (Enacted 1990) Cap 414 s 28 Extinguishment of claims under Part III (1) No action to enforce a claim against the Fund under this Part shall be brought in any court in Hong Kong unless- (a) the action is commenced; or (b) a third-party notice of an action to enforce a claim against the owner or his guarantor in respect of the same damage is given to the Fund,not later than 3 years after the claim against the Fund arose. (2) In subsection (1) "third-party notice" (第三者通知) means a notice of the kind described in section 27(1) and (2). (3) No action to enforce a claim against the Fund under this Part shall be brought in any court in Hong Kong unless the action is commenced not later than 6 years after the occurrence or, if there is more than one such occurrence, the first of such occurrences, resulting in the discharge or escape or (as the case may be) the relevant threat of contamination by reason of which the claim against the Fund arose. (Amended 46 of 1997 s. 22) (4) (Repealed 46 of 1997 s. 22) (Enacted 1990) Cap 414 s 29 Subrogation and rights of recourse (1) In respect of any sum paid under section 25(1)(b) the Fund shall acquire by subrogation the rights of the recipient against the owner or guarantor. (2) (Repealed 46 of 1997 s. 23) (3) In respect of any sum paid- (a) under section 25(1)(a) or (c); or (b) (Repealed 46 of 1997 s. 23)the Fund shall acquire by subrogation any rights of recourse belonging to the recipient of the payment against any person, other than the owner or guarantor, in respect of the damage for which the payment was made. (Amended 46 of 1997 s. 23) (4) In respect of any sum paid by the Government as compensation for pollution damage, the Government shall acquire by subrogation any rights which the recipient has against the Fund under this Part. (Enacted 1990) Cap 414 s 29A Legal proceedings (1) Any proceedings by or against the Fund may either be instituted by or against the Fund in its own name or by or against the Director of the Fund as the Fund's representative. (2) Evidence of any instrument issued by any organ of the Fund or of any other document may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall, in any such proceedings, be received in evidence without proof of the official position or handwriting of the person signing the certificate. (3) In this section "organ of the Fund" (基金机构) means any subsidiary body established under paragraph 9 of Article 18 of the Fund Convention. (Added 46 of 1997 s. 24) Cap 414 s 30 Offences by bodies corporate PART IV MISCELLANEOUS Where an offence under this Ordinance, which has been committed by a body corporate is proved to have been- (a) committed with the consent or connivance of; or (b) due to any neglect on the part of,a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, commits that offence and shall be liable to be proceeded against and punished accordingly. (Enacted 1990) Cap 414 s 31 Fees Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may by regulations made under this section or under the Merchant Shipping Ordinance (Cap 281) prescribe the fees payable in respect of any certificate, service or facility issued or provided under this Ordinance, not being fees prescribed under any other section of this Ordinance. (Amended 64 of 1999 s. 3) (2) Any fees prescribed under this Ordinance- (a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of Hong Kong ships and of ports, ships and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular certificate, service, facility or matter; and (b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of certificate, service, facility or ship. |
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