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　　(3A) Subject to subsection (3B), this section applies to any ship constructed or adapted for carrying oil in bulk as cargo. (Added 46 of 1997 s. 4)
　　
　　(3B) Where a ship referred to in subsection (3A) is capable of carrying other cargoes besides oil, this section shall apply to such a ship-
　　
　　(a) while it is carrying oil in bulk as cargo; and
　　
　　(b) subject to the owner proving that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil. (Added 46 of 1997 s. 4)(4) Section 21 of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23) shall apply in relation to any pollution damage for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.
　　
　　(Enacted 1990. Amended 46 of 1997 s. 4)
　　
　　Cap 414 s 7 Exceptions from liability under section 6
　　
　　The owner of a ship is not liable for loss or damage resulting from an incident if he proves that the incident- (Amended 46 of 1997 s. 5)
　　
　　(a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or
　　
　　(b) was due wholly to anything done or left undone by another person, not being a servant or agent of the owner, with intent to do damage; or
　　
　　(c) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.
　　
　　(Enacted 1990)
　　
　　Cap 414 s 8 Restriction of liability for oil pollution and threat of contamination
　　
　　(1) Where an incident takes place, whether or not the owner of the ship incurs a liability under section 6-
　　
　　(a) the owner shall not be liable otherwise than under that section for any such pollution damage or cost as is mentioned therein; and
　　
　　(b) no other person to whom this subsection applies shall be liable for any such damage or cost, unless it resulted from anything done or omitted to be done by him either with intent to cause such damage or cost or recklessly and with knowledge that such damage or cost would probably result.(2) Subsection (1) applies to-
　　
　　(a) any servant or agent of the owner of the ship;
　　
　　(b) any person not falling within paragraph (a) but employed or engaged in any capacity on board the ship or to perform any services for the ship;
　　
　　(c) any charterer (howsoever described, including bareboat charterer), manager or operator of the ship;
　　
　　(d) any person performing salvage operations with the consent of the owner or on the instructions of a public authority who is vested with such powers;
　　
　　(e) any person taking preventive measures; and
　　
　　(f) any servant or agent of a person mentioned in paragraph (c), (d) or (e).
　　
　　(Replaced 46 of 1997 s. 6)
　　
　　Cap 414 s 9 Limitation of liability under section 6
　　
　　(1) Where, as a result of any incident, the owner of a ship incurs a liability under section 6, he may limit that liability in accordance with the provisions of this Ordinance and, if he does so, his liability shall not exceed the relevant amount.
　　
　　(2) In subsection (1) "the relevant amount" (有关数额) means-
　　
　　(a) for a ship not exceeding 5000 tons, 4510000 special drawing rights;
　　
　　(b) for a ship exceeding 5000 tons, 4510000 special drawing rights together with an additional 631 special drawing rights for each ton of its tonnage in excess of 5000 tons, but not exceeding an aggregate amount of 89770000 special drawing rights. (Amended 19 of 2003 s. 3)(3) Subsection (1) shall not apply where it is proved that the incident resulted from anything done or omitted to be done by the owner either with the intent to cause such damage or cost or recklessly and with knowledge that such damage or cost would probably result.
　　
　　(Replaced 46 of 1997 s. 7)
　　
　　Cap 414 s 10 Limitation actions
　　
　　(1) Where the owner of a ship has or is alleged to have incurred a liability under section 6 he may apply to the court in accordance with rules of court for the limitation of that liability to an amount determined in accordance with section 9.
　　
　　(2) If on such an application the court finds that the applicant has incurred such a liability and is entitled to limit it, the court shall determine the limit of the liability and direct payment into court of the amount of that limit, and shall then-
　　
　　(a) determine the amounts that would, apart from the limit, be due in respect of the liability to the several persons making claims in the proceedings under this section; and
　　
　　(b) direct the distribution of the amount paid into court (or, as the case may be, so much of it as does not exceed the liability) among those persons in proportion to their claims, subject to the following provisions of this section.(3) A payment into court of the amount of a limit determined under this section shall be made in Hong Kong dollars and-
　　
　　(a) for the purposes of converting such an amount from special drawing rights into Hong Kong dollars the Monetary Authority may certify, in Hong Kong dollars, the respective amounts which are to be taken as equivalent for a particular day to the sums expressed in special drawing rights in section 9;

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