【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第4页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
|
[接上页] (b) a certificate signed by or on behalf of the Monetary Authority under paragraph (a) shall be conclusive evidence of the matters contained therein and shall in legal proceedings under this Ordinance to which it relates be admissible on its production and without further proof. (Amended 82 of 1992 s. 44)(4) No claim shall be made in proceedings under this section except within such time as the court may direct or such further time as the court may allow. (5) Where any sum has been paid in or towards satisfaction of any claim in respect of the pollution damage to which the liability referred to in subsection (1) extends- (a) by the owner or the person referred to in section 17 as "the insurer"; or (b) by a person who has or is alleged to have incurred a liability, otherwise than under section 6, for that damage and who is entitled to limit his liability in connection with the ship by virtue of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434), (Amended 55 of 1993 s. 30)the person who paid the sum shall, to the extent of that sum, be in the same position with respect to any distribution made in proceedings under this section as the person to whom it was paid would, apart from this subsection, have been, and the distribution shall be made accordingly. (6) Where the owner who incurred the liability referred to in subsection (1) has voluntarily made any reasonable sacrifice or taken any other reasonable measures to prevent or reduce pollution damage to which the liability extends or might have extended he shall be in the same position with respect to any distribution made in proceedings under this section as if he had established a claim in respect of the liability for an amount equal to the cost of the sacrifice or other measures, and the distribution shall be made accordingly. (7) The court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims that may later be established before a court outside Hong Kong. (Enacted 1990) Cap 414 s 11 Restriction on enforcement of claims after establishment of limitation fund Where the court has found that a person who has incurred a liability under section 6 is entitled to limit that liability to any amount and he has paid into court a sum not less than that amount- (a) the court shall order the release of any ship or other property arrested in connection with a claim in respect of that liability or any security given to prevent or obtain release from such an arrest; and (b) no judgment or decree for any such claim shall be enforced, except so far as it is for costs,if the sum paid into court, or such part thereof as corresponds to the claim, will be actually available to the claimant or would have been available to him if the proper steps in the proceedings under section 10 had been taken. (Enacted 1990) Cap 414 s 12 Concurrent liabilities of owners and others Where, as a result of any incident, the owner of a ship incurs a liability under section 6 and any other person incurs a liability, otherwise than under that section, in respect of damages or costs mentioned in section 6(1) or (1A), then, if- (Amended 46 of 1997 s. 8) (a) the owner has been found, in proceedings under section 10, to be entitled to limit his liability to any amount and has paid into court a sum not less than that amount; and (b) the other person is entitled to limit his liability in connection with the ship by virtue of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434), (Amended 55 of 1993 s. 30)no proceedings shall be taken against the other person in respect of his liability, and if any such proceedings were commenced before the owner paid the sum into court, no further steps shall be taken in the proceedings except in relation to costs. (Enacted 1990) Cap 414 s 13 Establishment of limitation fund outside Hong Kong Where the events resulting in the liability of any person under section 6 also result in a corresponding liability under the law of a Liability Convention country other than Hong Kong, sections 11 and 12 shall apply as if the references to sections 6 and 10 included references to the corresponding provisions of that law and the references to sums paid into court included references to any sums secured under those provisions in respect of the liability. (Enacted 1990) Cap 414 s 14 Extinguishment of claims under Part II No action to enforce a claim in respect of a liability incurred under section 6 shall be brought in any court in Hong Kong unless the action is commenced not later than 3 years after the claim arose and 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 liability was incurred. (Enacted 1990. Amended 46 of 1997 s. 9) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！