【法规名称】
【法规编号】 79152 什么是编号？
【正 文】
第9页 CAP 414 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
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[接上页] (6) The Fund shall incur no liability under this section if- (a) it proves that the pollution damage- (i) resulted from an act of war, hostilities, civil war or insurrection; or (ii) was caused by oil which escaped or was discharged from a warship or other ship owned or operated by a State and used, at the time of the occurrence, only on government non-commercial service; or(b) a claimant cannot prove that the damage resulted from an occurrence involving a ship identified by him, or involving 2 or more ships one of which is identified by him.(7) Subject to subsection (8A), if the Fund proves that the pollution damage resulted wholly or partly- (a) from anything done or left undone with intent to cause damage by the person who suffered the damage; or (b) from the negligence of that person,the Fund may be exonerated wholly or partly from its liability to pay compensation to that person. (Amended 46 of 1997 s. 19) (8) Subject to subsection (8A), where the liability under section 6 in respect of the pollution damage is limited to any extent by subsection (4) of that section, the Fund shall be exonerated to the same extent. (Replaced 46 of 1997 s. 19) (8A) Subsections (7) and (8) shall not apply where the pollution damage only consists of the cost of preventive measures or any damage caused by such measures. (Added 46 of 1997 s. 19) (9) The Fund's liability under this section shall be subject to the limits imposed by paragraphs 4 and 5 of Article 4 of the Fund Convention which impose an overall liability on the liabilities of the owner and of the Fund, and the texts of which are set out in Schedule 1. (Amended 46 of 1997 s. 19) (10) A certificate purporting to be signed by the Director of the Fund stating that subparagraph (c) of paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under this section shall be conclusive evidence for the purposes of this Part that it is so applicable, and such a certificate shall be admissible in evidence without proof of the signature thereon. (Replaced 46 of 1997 s. 19) (11) For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund Convention a court giving judgment against the Fund in legal proceedings under this section shall notify the Fund to that effect, and- (Amended 46 of 1997 s. 19) (a) no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it; (b) that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under paragraph 4 of Article 4 of the Fund Convention, or that it is to be reduced to a specified amount; and (c) in the latter case the judgment shall be enforceable only for the reduced amount.(12) Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (11) shall be steps to obtain payment in Hong Kong dollars, and- (a) for the purposes of converting such an amount from special drawing rights into Hong Kong dollars, shall be treated as equal to such a sum in Hong Kong dollars as the International Monetary Fund has fixed as being the equivalent of one special drawing right for- (i) the relevant day, namely the day on which the Assembly of the Fund decides the date for the first payment of compensation in respect of the incident; or (ii) if no sum has been so fixed for the relevant day, the last day before that day for which the sum has been so fixed; and(b) a certificate given by the Monetary Authority under section 22(2), shall be conclusive evidence of those equivalent amounts for the purposes of this Part. (Added 46 of 1997 s. 19) (Enacted 1990) Cap 414 s 26 (Repealed 46 of 1997 s. 20) Cap 414 s 27 Effect of judgments (1) Where in accordance with rules of court made for the purposes of this subsection the Fund has been given notice of proceedings brought against an owner or guarantor in respect of liability under section 6, any judgment given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and evidence in the judgment may not be disputed by the Fund even if the Fund has not intervened in the proceedings. (2) Where a person incurs a liability under the law of a Fund Convention country corresponding to the provisions of Part II for damage which is partly in Hong Kong, subsection (1) shall, for the purpose of proceedings under this Part, apply with any necessary modifications to a judgment in proceedings under that law of the country concerned. (3) Subject to subsection (4), 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 subsection, to any judgment given by a court in a Fund Convention country to enforce a claim in respect of liability incurred under any law corresponding to section 25; 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. (Amended 46 of 1997 s. 21) |
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