【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第5页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] Cap 414 s 15 Compulsory insurance against liability for oil pollution (1) Subject to section 19, subsection (2) applies to any ship carrying in bulk a cargo of more than 2000 tons of oil. (Amended 46 of 1997 s. 10) (2) A ship to which this subsection applies shall not enter or leave- (a) the waters of Hong Kong; or (b) if the ship is a Hong Kong ship, a port in any other country or a terminal installation in the territorial sea of any other country,unless there is in force a certificate complying with subsection (4) and certifying that there is in force in respect of the ship a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention. (3) (Repealed 46 of 1997 s. 10) (4) A certificate referred to in subsection (2) must be- (a) if the ship is a Hong Kong ship, issued by the Director under section 16; (b) if the ship is registered in a Liability Convention country other than Hong Kong, issued by or under the authority of the government of the other Liability Convention country; or (c) if the ship is registered in a country which is not a Liability Convention country, issued by the Director or by or under the authority of any other Liability Convention country. (Amended 46 of 1997 s. 10)(5) (Repealed 46 of 1997 s. 10) (6) A certificate required by this section shall at all times be carried in the ship to which it relates and shall, on demand, be produced by the master to the Director or any officer of the Marine Department authorized by him. (7) If a ship contravenes subsection (2), the master and the owner of the ship each commits an offence and is liable- (a) on conviction upon indictment, to a fine of $500000; and (b) on summary conviction to a fine of $100000.(8) If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (6) the master commits an offence and is liable to a fine of $5000. (9) The Director may detain any ship which attempts to leave the waters of Hong Kong in contravention of this section. (Enacted 1990) Cap 414 s 16 Issue of certificate by Director (1) Subject to subsection (2), the Director shall, if he is satisfied, on an application for a certificate referred to in section 15 in respect of a Hong Kong ship, or a ship registered in a country that is not a Liability Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention, issue such a certificate to the owner. (Amended 46 of 1997 s. 11) (2) If the Director is of opinion that there is a doubt whether the person providing the insurance or other security will be able to meet his obligations thereunder, or whether the insurance or other security will cover the owner's liability under section 6 in all circumstances, he may refuse to issue the certificate. (3) The Chief Executive in Council may by regulations- (Amended 64 of 1999 s. 3) (a) prescribe the fee to be paid on an application for a certificate under this section; and (b) provide for the cancellation and delivery up of such a certificate in such circumstances as may be prescribed by the regulations.(4) A person required by regulations made under subsection (3) to deliver up a certificate who without reasonable excuse fails to do so commits an offence and is liable to a fine of $5000. (5) The Director shall retain a copy of any certificate issued by him under this section and shall make the copy available for public inspection. (Amended 46 of 1997 s. 11) (Enacted 1990) Cap 414 s 17 Rights of third parties against insurers (1) Where it is alleged that the owner of a ship has incurred a liability under section 6 as a result of an incident involving the ship occurring while there was in force a contract of insurance or other security to which a certificate referred to in section 15 related, legal proceedings to enforce a claim in respect of the liability may be brought against the person who provided the insurance or other security (in this section referred to as "the insurer"). (2) In any proceedings brought against the insurer by virtue of this section it shall be a defence (in addition to any defence affecting the owner's liability) to prove that the incident was due to the wilful misconduct of the owner himself. (3) The insurer may under section 10 limit his liability in respect of claims made against him by virtue of this section in like manner and to the same extent as the owner may limit his liability but the insurer may do so whether or not the incident resulted from anything done or omitted to be done by the owner as mentioned in section 9(3). (4) Where the owner and the insurer each apply to the court under section 10 for the limitation of his liability any sum paid into court in pursuance of either application shall be treated as paid also in pursuance of the other. |
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