【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第6页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (5) The Third Parties (Rights against Insurers) Ordinance (Cap 273) shall not apply in relation to any contract of insurance to which a certificate referred to in section 15 relates. (Enacted 1990. Amended 46 of 1997 s. 12) Cap 414 s 18 Jurisdiction of Hong Kong courts and registration of foreign judgments (1) Where- (a) any oil is discharged or escapes from a ship but does not cause any pollution damage in Hong Kong; or (b) any relevant threat of contamination arises in Hong Kong but no preventive measures are taken to prevent or minimize such threat,no action (whether in rem or in personam) shall be brought in any court in Hong Kong to enforce a claim arising from- (i) pollution damage resulting from such discharge or escape; or (ii) a relevant threat of contamination,in the area of a Liability Convention country other than Hong Kong. (Replaced 46 of 1997 s. 13) (2) Sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) shall apply, whether or not they would so apply apart from this section, to any judgment given by a court in a Liability Convention country to enforce a claim in respect of a liability incurred under any law corresponding to section 6; and in the application of those sections of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) to such a judgment, the sections shall have effect as if subsections (2) and (3) of section 6 of that Ordinance were omitted. (Enacted 1990) Cap 414 s 18A Limitation on amount of foreign judgment enforceable in Hong Kong Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 Notwithstanding the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) and any rule of law relating to recognition and enforcement of judgments given in a place outside Hong Kong, any judgment given by a court in a country which is not a Liability Convention country in respect of any liability in that country for oil pollution incurred by- (Amended 23 of 1998 s. 2) (a) the owner of a ship; or (b) any person entitled to limit his liability in connection with a ship by virtue of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434),shall be recognized and enforced by a court in Hong Kong only up to the limit of liability prescribed by section 9. (Added 46 of 1997 s. 14) Cap 414 s 19 Warships, etc. (1) Nothing in the preceding provisions of this Part applies in relation to any warship or any ship for the time being used by the government of any State for a purpose other than a commercial purpose. (2) In relation to a ship owned by a State and for the time being used for a commercial purpose it shall be a sufficient compliance with section 15(2) if there is in force a certificate issued by the government of that State and certifying that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Liability Convention will be met up to the limit prescribed by Article V of the Liability Convention. (Amended 46 of 1997 s. 15) (3) A Liability Convention State shall, for the purposes of any proceedings brought in a court in Hong Kong to enforce a claim in respect of a liability incurred under section 6, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorize the issue of execution against the property of any State. (Enacted 1990) Cap 414 s 20 Liability for cost of preventive measures where section 6 does not apply (1) Where- (a) after a discharge or an escape of oil from a ship, reasonable measures are taken to prevent or reduce damage in Hong Kong which may be caused by contamination resulting from the discharge or escape; and (b) any person incurs, or might but for the measures have incurred, a liability, otherwise than under section 6, for any such damage,he shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty. (Amended 46 of 1997 s. 16) (1A) Where- (a) a relevant threat of contamination occurs and reasonable measures are taken for the purpose of removing or minimizing any such threat in Hong Kong; and (b) section 6(1A) does not apply,the owner of the ship shall be liable for the cost of the measures, whether or not the person talking them does so for the protection of his interests or in the performance of a duty. (Added 46 of 1997 s. 16) (1B) Where a person is, by virtue of subsection (1) or (1A), liable for the cost of any measures, he shall also be liable for any damage in Hong Kong resulting from taking those measures. (Added 46 of 1997 s. 16) (2) For the purposes of section 12 of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434) any liability incurred under this section shall be deemed to be a liability in respect of such damage to property as is mentioned in paragraph 1(a) of Article 2 of the Convention in Schedule 2 to that Ordinance. (Amended 55 of 1993 s. 30) |
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