【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第11页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (Enacted 1990) Cap 414 s 32 Amendments, Savings and Repeals Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Oil Pollution (Compulsory Insurance) Regulations (App. I, p. AV1*) as amended in the provisions set out in column 1 of Part I of Schedule 2 to the extent and in the manner set out in column 2 of that Part- (a) shall, notwithstanding the repeals specified in subsection (3), continue in force; and (b) shall be deemed for all purposes to have been made by the Chief Executive in Council under sections 15 and 16. (Amended 64 of 1999 s. 3)(2)-(3) (Omitted) (4) Notwithstanding the repeals effected by subsection (3), any certificate or notice- (a) issued in Hong Kong; (b) corresponding to a certificate or notice for which provision is made by section 10(3), 16(1) or 24(1); and (c) in force immediately before the commencement of this Ordinance,shall continue in force and have effect as if it were a certificate or notice issued under section 10(3), 16(1) or 24(1), as the case may be. (Enacted 1990)_________________________________________________________________________________ Note: * See Cap 414 sub. leg. A Cap 414 Sched 1 OVERALL LIMIT ON LIABILITY OF FUND [sections 22(2) & 25(9)] Fund Convention, Article 4-paragraphs 4 and 5 4. (a) Except as otherwise provided in subparagraphs (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1992 Liability Convention for pollution damage within the scope of application of this Convention as defined in Article 3 shall not exceed 203000000 units of account. (b) Except as otherwise provided in subparagraph (c), the aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 203000000 units of account. (c) The maximum amount of compensation referred to in subparagraphs (a) and (b) shall be 300740000 units of account with respect to any incident occurring during any period when there are three Parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such Parties, during the preceding calendar year, equalled or exceeded 600 million tons. (d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of the 1992 Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this Article. (e) The amounts mentioned in this Article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. (Amended 19 of 2003 s. 5) 5. Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants. (Replaced 46 of 1997 s. 25) Cap 414 Sched 2 (Omitted) (Omitted) (Enacted 1990) |
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