【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第2页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (4) For the purposes of this Ordinance- (a) references to a discharge or escape of oil from a ship are references to such a discharge or escape regardless of- (i) where it occurs, provided it results in pollution damage within the area of Hong Kong or within the area of a country that is a signatory to the Liability Convention; and (ii) whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; and(b) where a relevant threat of contamination results from a series of occurrences having the same origin, they shall be treated as a single occurrence. (Added 46 of 1997 s. 2) (Enacted 1990) Cap 414 s 3 Certificate as to parties to Conventions Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 A certificate signed by the Chief Executive and certifying that a State specified in the certificate- (Amended 64 of 1999 s. 3) (a) is a party to the Liability Convention in respect of a country specified in the certificate; or (b) is a party to the Fund Convention in respect of a country specified in the certificate,shall be conclusive evidence of the matters contained therein and shall in any legal proceedings under this Ordinance to which it relates be admissible on its production and without further proof. (Enacted 1990) Cap 414 s 4 Calculation of tonnage For the purposes of this Ordinance, the tonnage of a ship shall be ascertained as follows- (a) where the register tonnage of the ship has been or can be ascertained in accordance with the Merchant Shipping (Tonnage) Regulations (App. I, AB1), the ship's tonnage shall be the register tonnage of the ship as so ascertained but without making any deduction required by those regulations of any tonnage allowance for propelling machinery space; (b) where the ship is of a class or description with respect to which no provision is for the time being made by the Merchant Shipping (Tonnage) Regulations (App. I, AB1), the tonnage of the ship shall be taken to be 40% of the weight (expressed in tons of 2 240 lbs) of oil which the ship is capable of carrying; (c) where the tonnage of the ship cannot be ascertained in accordance with either paragraph (a) or (b), the Director shall, if so directed by the court in any proceedings, certify what, on the evidence specified in the direction, would in his opinion be the tonnage of the ship as ascertained in accordance with paragraph (a) or (b), as the case may be, if the ship could be duly measured for the purpose; and the tonnage stated in his certificate shall be taken to be the tonnage of the ship. (Enacted 1990) Cap 414 s 5 Interpretation of Part II PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE (1) In this Part- "Liability Convention country" (公约地区) means a country in respect of which the Liability Convention is in force; and "Liability Convention State" (公约国) means a State which is a party to the Liability Convention. (2) In relation to any pollution damage resulting from the discharge or escape of any oil carried in a ship, or in relation to a relevant threat of contamination, references in this Part to the owner of the ship are references to the owner at the time of the occurrence resulting in the discharge or escape or (as the case may be) in the relevant threat of contamination, if there is more than one such occurrence, at the time of the first of such occurrences. (Amended 46 of 1997 s. 3) (3) (Repealed 55 of 1993 s. 30) (Enacted 1990) Cap 414 s 6 Liability for oil pollution (1) Where, as a result of any incident any oil is discharged or escapes from a ship, the owner of the ship shall be liable, except as otherwise provided by this Ordinance, for any pollution damage caused in Hong Kong. (1A) Where as a result of any incident a relevant threat of contamination occurs, the owner of the ship that caused such threat shall be liable, except as otherwise provided by this Ordinance, for- (a) the cost of any reasonable measures taken for the purpose of preventing such contamination or minimizing any damage in Hong Kong arising from a discharge or escape of oil from the ship; and (b) any damage caused outside the ship in Hong Kong by any measures so taken. (Added 46 of 1997 s. 4)(2) Where- (a) a liability arises under subsection (1) or (1A) (as the case may be); and (b) the discharge or escape by reason of which the liability arose also results in pollution damage in the area of a Liability Convention country other than Hong Kong,the owner of the ship concerned shall also be liable under subsection (1) or (1A) (as the case may be) for that damage as if the damage had occurred in Hong Kong. (3) Where oil is discharged or escapes from 2 or more ships and- (a) a liability is incurred under this section by the owner of each of them; but (b) the pollution damage for which each of the owners would, apart from this subsection, be liable cannot reasonably be separated from that for which the other or others would be liable,each of the owners shall be liable, jointly with the other or others, for the whole of that damage for which the owners together would be liable under this section. |
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