【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第8页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (10) In this section, "sea" (海) does not include any of the waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (Enacted 1990) Cap 414 s 24 Power to obtain information Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive may, for the purpose of transmitting to the Fund a list of the names and addresses of the persons who, under section 23, are liable to make contributions to the Fund for any year, and the quantity of oil in respect of which they are so liable, by notice in writing require any person engaged in producing, treating, distributing or transporting oil to furnish to a person specified in the notice such information as may be specified in the notice. (Amended 64 of 1999 s. 3) (2) A notice under this section may require a company to give such information as may be required to ascertain whether its liability is affected by section 23(6). (3) A notice under this section may specify the manner in which, and the time within which, it is to be complied with. (4) In legal proceedings by the Fund against any person to recover any amount due under section 23, any particulars contained in any list transmitted by the Chief Executive to the Fund shall, in so far as those particulars are based on information obtained under this section, be admissible as evidence of any relevant fact stated in the list; and in so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. (Amended 64 of 1999 s. 3) (5) A person who discloses any information which has been furnished to or obtained by him under this section, or in connection with the execution of this section, unless the disclosure is made- (a) with the consent of the person from whom the information was obtained; or (b) in connection with the execution of this section; or (c) for the purposes of any legal proceedings arising out of this section, or of any report of such proceedings,commits an offence and is liable to a fine of $5000. (6) A person who- (a) refuses or wilfully neglects to comply with a requirement of a notice under this section; or (b) in purporting to comply with a requirement of a notice under this section makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,commits an offence and is liable- (i) on conviction upon indictment, to imprisonment for 1 year and to a fine of $50000; or (ii) on summary conviction, to a fine of $5000. (Enacted 1990) Cap 414 s 25 Liability of the Fund for pollution damage (1) The Fund shall be liable for pollution damage in Hong Kong if the person suffering the damage has been unable to obtain full compensation under section 6- (a) because the incident causing the damage- (Amended 46 of 1997 s. 19) (i) resulted from an exceptional, inevitable and irresistible natural phenomenon; or (ii) 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 (iii) 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, (and because liability is accordingly wholly displaced by section 7); or(b) because the owner or guarantor who is liable for the damage is not able to meet his obligations in full in respect of that liability; or (c) because the damage exceeds the liability under section 6 as limited by section 9.(2) Where- (a) an incident has caused pollution damage both in Hong Kong and in the area of another Fund Convention country; and (Amended 46 of 1997 s. 19) (b) proceedings under the Liability Convention for compensation for the pollution damage have been brought in a country which is not a Fund Convention country or in Hong Kong,subsection (1) shall be construed and have effect as regards that pollution damage as if for "Hong Kong" there were substituted "the area of a Fund Convention country". (3) Where the incident has caused pollution damage both in Hong Kong and in the area of another country in respect of which the Liability Convention is in force, references in this section to any of the provisions of Part II shall include references to the corresponding provisions of the law of any country giving effect to the Liability Convention. (4) For the purposes of this section an owner or guarantor is not able to meet his obligations if the obligations have not been met after all reasonable steps to pursue the legal remedies available have been taken. (5) Expenses reasonably incurred, and sacrifices reasonably made, by the owner voluntarily to prevent or reduce pollution damage shall be treated as pollution damage for the purposes of this section, and accordingly he shall be in the same position with respect to claims against the Fund under this section as if he had established a claim in respect of liability under section 6. |
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