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商船油类污染的法律责任及补偿条例英文版

来源: 时间:2019-01-29 20:34:32

商船(油类污染的法律及补偿)条例(英文版)

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE (CHAPTER 414) ARRANGEMENT OF SECTIONSSectionPART I PRELIMINARY1. Short title2. Interpretation3. Certificate as to parties to Conventions4. Calculation of tonnagePART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE5. Interpretation of Part II6. Liability for oil pollution7. Exceptions from liability under section 68. Restriction of liability for oil pollution9. Limitation of liability under section 610. Limitation actions11. Restriction on enforcement of claims after establishment of limitation fund12. Concurrent liabilities of owners and others13. Establishment of limitation fund outside Hong Kong14. Extinguishment of claims under Part II15. Compulsory insurance against liability for oil pollution16. Issue of certificate by Director17. Rights of third parties against insurers18. Jurisdiction of Hong Kong courts and registration of foreign judgments19. Warships, etc.20. Liability for cost of preventive measures where section 6 does not apply21. Saving for recourse actionsPART III THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND22. Interpretation of Part III23. Contributions to the Fund24. Power to obtain information25. Liability of the Fund for pollution damage26. Indemnification of ship owner where ship registered in Fund Convention country27. Effect of judgments28. Extinguishment of claims under Part III29. Subrogation and rights of recoursePART IV MISCELLANEOUS30. Offences by bodies corporate31. Fees32. Amendments, Savings and RepealsSchedule 1. Overall limit on liability of FundSchedule 2. (Omitted)An Ordinance to provide for compensation for pollution caused by thedischarge or escape of oil from oil-carrying ships and for the liabilityof shipowners; for compulsory insurance in respect of such liability; forcontributions by oil importers and others to the International Fund forCompensation for Oil Pollution Damage; for the liability of the Fund incertain circumstances for such pollution; for the indemnification ofshipowners by the Fund; and for incidental or related matters.[15 January 1991] L. N. 13 of 1991 PART I Preliminary1. Short titleThis Ordinance may be cited as the Merchant Shipping (Liability andCompensation for Oil Pollution) Ordinance.2. Interpretation(1) In this Ordinance, unless the context otherwise requires--"cost" includes expenses;"country" includes any territory;"court" means the High Court or a judge thereof;"damage" includes loss;"Director" means the Director of Marine;"Fund Convention" means the International Convention on the establishmentof an International Fund for Compensation for Oil Pollution Damage openedfor signature in Brussels on 18 December 1971;"Hong Kong ship" means a ship registered in Hong Kong;"Liability Convention" means the International Convention on CivilLiability for Oil Pollution Damage opened for signature in Brussels on 29November 1969;"owner", in relation to a ship, means the person or persons registered asthe owner of the ship or, in the absence of registration, the person orpersons owning the ship, except that in relation to a ship owned by aState which is operated by a person registered as the ship's operator, itmeans the person registered as its operator; (Amended 74 of 1990 s. 104(3))"pollution damage" means damage caused outside a ship carrying oil bycontamination resulting from the discharge or escape of oil from the ship,wherever the discharge or escape may occur, and includes the cost ofpreventive measures and damage caused by preventive measures;"preventive measures" means any reasonable measures taken by any personafter a discharge or escape of oil from a ship to prevent or reducepollution damage;"ship" means any sea-going vessel or seaborne craft of any typewhatsoever, carrying oil in bulk as cargo;"special drawing rights" means units of account used by the InternationalMonetary Fund and known as special drawing rights;"terminal installation" means any site for the storage of oil in bulkwhich is capable of receiving oil from waterborne transportation,including any facility situated offshore and linked to any such site.(2) For the purposes of this Ordinance, where more than one discharge orescape results from the same occurrence or from a series of occurrenceshaving the same origin, they shall be treated as one; but any measurestaken after the first of them shall be deemed to have been taken after thedischarge or escape.(3) References in this Ordinance to the area of any country include theterritorial sea of that country.3. Certificate as to parties to ConventionsA certificate signed by the Governor and certifying that a State specifiedin the certificate--(a) is a party to the Liability Convention in respect of a countryspecified in the certificate; or(b) is a party to the Fund Convention in respect of a country specified inthe certificate,shall be conclusive evidence of the matters contained therein and shall inany legal proceedings under this Ordinance to which it relates beadmissible on its production and without further proof.4. Calculation of tonnageFor the purposes of this Ordinance, the tonnage of a ship shall beascertained as follows--(a) where the register tonnage of the ship has been or can be ascertainedin accordance with the Merchant Shipping (Tonnage) Regulations (App. I,AB1), the ship's tonnage shall be the register tonnage of the ship as soascertained but without making any deduction required by those regulationsof any tonnage allowance for propelling machinery space;(b) where the ship is of a class or description with respect to which noprovision is for the time being made by the Merchant Shipping (Tonnage)Regulations, the tonnage of the ship shall be taken to be 40% of theweight (expressed in tons of 2 240 lbs) of oil which the ship is capableof carrying;(c) where the tonnage of the ship can not be ascertained in accordancewith either paragraph (a) or (b), the Director shall, if so directed bythe court in any proceedings, certify what, on the evidence specified inthe direction, would in his opinion be the tonnage of the ship asascertained in accordance with paragraph (a) or (b), as the case may be,if the ship could be duly measured for the purpose; and the tonnage statedin his certificate shall be taken to be the tonnage of the ship. PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE5. Interpretation of Part II(1) In this Part--"Liability Convention country" means a country in respect of which theLiability Convention is in force; and"Liability Convention State" means a State which is a party to theLiability Convention.(2) In relation to any pollution damage resulting from the discharge orescape of any oil carried in a ship references in this Part to the ownerof the ship are references to the owner at the time of the occurrenceresulting in the discharge or escape or, if there is more than one suchoccurrence, at the time of the first of such occurrences.(3) References in this Part to the Merchant Shipping Act 1979 (1979 c. 39U. K.) are references to that Act as it applies in Hong Kong.6. Liability for oil pollution(1) Where, as a result of any occurrence taking place while a ship iscarrying a cargo of persistent oil in bulk, any persistent oil carried bythe ship (whether as part of the cargo or otherwise) is discharged orescapes from the ship, the owner of the ship shall be liable, except asotherwise provided by this Ordinance, for any pollution damage caused inHong Kong.(2) Where--(a) a liability arises under subsection (1); and(b) the discharge or escape by reason of which the liability arose alsoresults in pollution damage in the area of a Liability Convention countryother than Hong Kong, the owner of the ship concerned shall also be liableunder subsection (1) for that damage as if the damage had occurred in HongKong.(3) Where persistent oil is discharged or escapes from 2 or more shipsand--(a) a liability is incurred under this section by the owner of each ofthem; but(b) the pollution damage for which each of the owners would, apart fromthis subsection, be liable cannot reasonably be separated from that forwhich the other or others would be liable,each of the owners shall be liable, jointly with the other or others, forthe whole of that damage for which the owners together would be liableunder this section.(4) Section 21 of the Law Amendment and Reform (Consolidation) Ordinance(Cap. 23) shall apply in relation to any pollution damage for which aperson is liable under this section, but which is not due to his fault, asif it were due to his fault.7. Exceptions from liability under section 6The owner of a ship from which persistent oil has been discharged or hasescaped shall not incur any liability under section 6 if he proves thatthe discharge or escape--(a) resulted from an act of war, hostilities, civil war, insurrection oran exceptional, inevitable and irresistible natural phenomenon; or(b) was due wholly to anything done or left undone by another person, notbeing a servant or agent of the owner, with intent to do damage; or(c) was due wholly to the negligence or wrongful act of a government orother authority in exercising its function of maintaining lights or othernavigational aids for the maintenance of which it was responsible.8. Restriction of liability for oil pollutionWhere, as a result of any occurrence taking place while a ship is carryinga cargo of persistent oil in bulk, any persistent oil carried by the ship(whether as part of the cargo or otherwise) is discharged or escapes then,whether or not the owner incurs a liability under section 6,--(a) he shall not be liable otherwise than under that section for any suchpollution damage as is mentioned therein; and(b) no servant or agent of the owner and no person performing salvageoperations with the agreement of the owner shall be liable for any suchdamage.9. Limitation of liability under section 6Where the owner of a ship incurs a liability under section 6 by reason ofa discharge or escape which occurred without his actual fault or privity,he may limit that liability in accordance with this Ordinance, and if hedoes so his liability (that is to say, the aggregate of his liabilitiesunder section 6 resulting from the discharge or escape) shall not exceed--(a) 133 special drawing rights for each ton of the ship's tonnage; or(b) 14,000,000 special drawing rights, whichever amount is the less.10. Limitation actions(1) Where the owner of a ship has or is alleged to have incurred aliability under section 6 he may apply to the court in accordance withrules of court for the limitation of that liability to an amountdetermined in accordance with section 9.(2) If on such an application the court finds that the applicant hasincurred such a liability and is entitled to limit it, the court shalldetermine the limit of the liability and direct payment into court of theamount of that limit, and shall then(a) determine the amounts that would, apart from the limit, be due inrespect of the liability to the several persons making claims in theproceedings under this section; and(b) direct the distribution of the amount paid into court (or, as the casemay be, so much of it as does not exceed the liability) among thosepersons in proportion to their claims subject to the following provisionsof this section.(3) A payment into court of the amount of a limit determined under thissection shall be made in Hong Kong dollars and--(a) for the purposes of converting such an amount from special drawingrights into Hong Kong dollars the Monetary Authority may certify, in HongKong dollars, the respective amounts which are to be taken as equivalentfor a particular day to the sums expressed in special drawing rights insection 9;(b) a certificate signed by or on behalf of the Monetary Authority underparagraph (a) shall be conclusive evidence of the matters containedtherein and shall in legal proceedings under this Ordinance to which itrelates 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 withinsuch time as the court may direct or such further time as the court mayallow.(5) Where any sum has been paid in or towards satisfaction of any claim inrespect of the pollution damage to which the liability referred to insubsection (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 tolimit his liability in connection with the ship by virtue of the MerchantShipping Act 1979 (1979 c. 39 U. K.), the person who paid the sum shall,to the extent of that sum, be in the same position with respect to anydistribution made in proceedings under this section as the person to whomit was paid would, apart from this subsection, have been, and thedistribution 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 otherreasonable measures to prevent or reduce pollution damage to which theliability extends or might have extended he shall be in the same positionwith respect to any distribution made in proceedings under this section asif he had established a claim in respect of the liability for an amountequal to the cost of the sacrifice or other measures, and the distributionshall be made accordingly.(7) The court may, if it thinks fit, postpone the distribution of suchpart of the amount to be distributed as it deems appropriate having regardto any claims that may later be established before a court outside HongKong.11. Restriction on enforcement of claims after establishment of limitationfundWhere the court has found that a person who has incurred a liability undersection 6 is entitled to limit that liability to any amount and he haspaid into court a sum not less than that amount--(a) the court shall order the release of any ship or other propertyarrested in connection with a claim in respect of that liability or anysecurity given to prevent or obtain release from such an arrest; and(b) no judgment or decree for any such claim shall be enforced, except sofar as it is for costs,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 tohim if the proper steps in the proceedings under section 10 had beentaken.12. Concurrent liabilities of owners and othersWhere, as a result of any discharge or escape of persistent oil from aship, he owner of the ship incurs a liability under section 6 and anyother person incurs a liability, otherwise than under that section, forany such pollution damage as is mentioned in subsection (1) of thatsection, then, if--(a) the owner has been found, in proceedings under section 10, to beentitled to limit his liability to any amount and has paid into court asum not less than that amount; and(b) the other person is entitled to limit his liability in connection withthe ship by virtue of the Merchant Shipping Act 1979 (1979 c. 39 U. K.),no proceedings shall be taken against the other person in respect of hisliability, and if any such proceedings were commenced before the ownerpaid the sum into court, no further steps shall be taken in theproceedings except in relation to costs.13. Establishment of limitation fund outside Hong KongWhere the events resulting in the liability of any person under section 6also result in a corresponding liability under the law of a LiabilityConvention country other than Hong Kong, sections 11 and 12 shall apply asif the references to sections 6 and 10 included references to thecorresponding provisions of that law and the references to sums paid intocourt included references to any sums secured under those provisions inrespect of the liability.14. Extinguishment of claims under Part IINo action to enforce a claim in respect of a liability incurred undersection 6 shall be brought in any court in Hong Kong unless the action iscommenced not later than 3 years after the claim arose and not later than6 years after the occurrence or, if there is more than one suchoccurrence, the first of such occurrences resulting in the discharge orescape by reason of which the liability was incurred.15. Compulsory insurance against liability for oil pollution(1) Subject to section 19, subsection (2) applies to any ship carrying inbulk a cargo of more than 2,000 tons of persistent oil as defined inregulations made under this section.(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 aterminal installation in the territorial sea of any other country, unlessthere is in force a certificate complying with subsection (4) andcertifying that there is in force in respect of the ship a contract ofinsurance or other security satisfying the requirements of Article VII ofthe Liability Convention.(3) For the purposes of subsection (2) and section 16 (1), references inArticle VII of the Liability Convention to Article V thereof shall beconstrued as references to Article V as amended by Article II of theProtocol dated 19 November 1976 to the Liability Convention.(4) A certificate referred to in subsection (2) must be--(a) if the ship is a Hong Kong ship, issued by the Director under section16;(b) if the ship is registered in a Liability Convention country otherthan Hong Kong, issued by or under the authority of the government of theother Liability Convention country; or(c) if the ship is registered in a country which is not a LiabilityConvention country, recognized for the purposes of this paragraph byregulations made under this section.(5) The Governor in Council may by regulations--(a) define "persistent oil" for the purpose of subsection (1);(b) provide that certificates in respect of ships registered in anycountry which is not a Liability Convention country shall, in suchcircumstances as may be specified in the regulations, be recognized forthe purposes of subsection (4) (c) if issued by or under the authority ofthe government of a designated country; and in this subsection "designatedcountry" in relation to a certificate in respect of a ship, means--(i) the country in which the ship is registered;(ii) any country specified in the regulations for the purposes of thissubsection.(6) A certificate required by this section shall at all times be carriedin the ship to which it relates and shall, on demand, be produced by themaster to the Director or any officer of the Marine Department authorizedby him.(7) If a ship contravenes subsection (2), the master and the owner of theship each commits an offence and is liable--(a) on conviction upon indictment, to a fine of $500,000; and(b) on summary conviction to a fine of $100,000.(8) If a ship fails to carry, or the master of a ship fails to produce, acertificate as required by subsection (6) the master commits an offenceand is liable to a fine of $5,000.(9) The Director may detain any ship which attempts to leave the waters ofHong Kong in contravention of this section.16. Issue of certificate by Director(1) Subject to subsection (2), the Director shall, if he is satisfied, onan application for a certificate referred to in section 15 in respect of aHong Kong ship, that there will be in force in respect of the ship,throughout the period for which the certificate is to be issued, acontract of insurance or other security satisfying the requirements ofArticle VII of the Liability Convention, issue such a certificate to theowner.(2) If the Director is of opinion that there is a doubt whether the personproviding the insurance or other security will be able to meet hisobligations thereunder, or whether the insurance or other security willcover the owner's liability under section 6 in all circumstances, he mayrefuse to issue the certificate.(3) The Governor in Council may by regulations--(a) prescribe the fee to be paid on an application for a certificate underthis section; and(b) provide for the cancellation and delivery up of such a certificate insuch circumstances as may be prescribed by the regulations.(4) A person required by regulations made under subsection (3) to deliverup a certificate who without reasonable excuse fails to do so commits anoffence and is liable to a fine of $5,000.(5) The Director shall retain a copy of any certificate issued by himunder this section in respect of a Hong Kong ship and shall make the copyavailable for public inspection.17. Rights of third parties against insurers(1) Where it is alleged that the owner of a ship has incurred a liabilityunder section 6 as a result of any discharge or escape of oil from theship occurring while there was in force a contract of insurance or othersecurity to which a certificate referred to in section 15 related, legalproceedings to enforce a claim in respect of the liability may be broughtagainst the person who provided the insurance or other security (in thissection referred to as "the insurer").(2) In any proceedings brought against the insurer by virtue of thissection it shall be a defence (in addition to any defence affecting theowner's liability) to prove that the discharge or escape was due to thewilful misconduct of the owner himself.(3) The insurer may under section 10 limit his liability in respect ofclaims made against him by virtue of this section in like manner and tothe same extent as the owner may limit his liability but the insurer maydo so whether or not the discharge or escape occurred without the owner'sactual fault or privity.(4) Where the owner and the insurer each apply to the court under section10 for the limitation of his liability any sum paid into court inpursuance of either application shall be treated as paid also in pursuanceof the other.(5) The Third Parties (Rights against Insurers) Ordinance (Cap. 273) shallnot apply in relation to any contract of insurance to which a certificatereferred to in section 15 relates.18. Jurisdiction of Hong Kong courts and registration of foreign judgments(1) Where any persistent oil is discharged or escapes from a ship but doesnot cause any pollution damage in Hong Kong, no action (whether in rem orin personam) shall be brought in any court in Hong Kong to enforce a claimarising from any pollution damage resulting from the discharge or escapein the area of a Liability Convention country other than Hong Kong.(2) Sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement)Ordinance (Cap. 319) shall apply, whether or not they would so applyapart from this section, to any judgment given by a court in a LiabilityConvention country to enforce a claim in respect of a liability incurredunder any law corresponding to section 6; and in the application of thosesections of the Foreign Judgments (Reciprocal Enforcement) Ordinance tosuch a judgment, the sections shall have effect as if subsections (2) and(3) of section 6 of that Ordinance were omitted.19. Warships, etc.(1) Nothing in the preceding provisions of this Part applies in relationto any warship or any ship for the time being used by the government ofany 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 fora commercial purpose it shall be a sufficient compliance with section 15(2) if there is in force a certificate issued by the government of thatState and certifying that the ship is owned by that State and that anyliability for pollution damage as defined in Article 1 of the LiabilityConvention will be met up to the limit prescribed by Article V of theLiability Convention as amended by Article II of the protocol dated 19November 1976 to the Liability Convention.(3) A Liability Convention State shall, for the purposes of anyproceedings brought in a court in Hong Kong to enforce a claim in respectof a liability incurred under section 6, be deemed to have submitted tothe jurisdiction of that court, and accordingly rules of court may providefor the manner in which such proceedings are to be commenced and carriedon; but nothing in this subsection shall authorized the issue of executionagainst the property of any State.20. Liability for cost of preventive measures where section 6 does notapply(1) Where--(a) after a discharge or an escape of persistent oil from a ship,reasonable measures are taken to prevent or reduce damage in Hong Kongwhich may be caused by contamination resulting from the discharge orescape; and(b) any person incurs, or might but for the measures have incurred, aliability, otherwise than under section 6, for any such damage,then, notwithstanding that subsection (1) (b) of that section does notapply, he shall be liable for the cost of the measures, whether or not theperson taking them does so for the protection of his interests or in theperformance of a duty.(2) For the purposes of section 17 of the Merchant Shipping Act 1979(1979c. 39 U. K.) any liability incurred under this section shall bedeemed to be a liability in respect of such damage to property as ismentioned in paragraph 1 (a) of Article 2 of the Convention in Part I ofSchedule 4 to that Act.21. Saving for recourse actionsNothing in this Part shall prejudice any claim, or the enforcement of anyclaim, which a person incurring any liability under this Part may haveagainst another person in respect of that liability. PART III THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND22. Interpretation of Part III(1) In this Part--"Fund" means the International Fund established by the Fund Convention;"Fund Convention country" means a country in respect of which the FundConvention is in force;"guarantor" means any person providing insurance or other security of thekind described in section 15 (2);"oil", except in sections 23 and 24, means persistent hydrocarbon mineraloil.(2) In this Part a franc shall be taken to be a unit of 65 1/2 mg of goldof millesimal fineness 900.(3) The Governor may by order specify in Hong Kong dollars the amountswhich for the purposes of this Part are to be taken as equivalent to anyspecified number of francs.23. Contributions to the Fund(1) Contributions shall be payable to the Fund in respect of oil carriedby sea to ports or terminal installations in Hong Kong.(2) Subsection (1) applies whether or not the oil is being imported, andapplies even if contributions are payable in respect of carriage of thesame oil on a previous voyage.(3) Contributions shall also be payable to the Fund in respect of oil whenfirst received in any terminal installation in Hong Kong after having beencarried by sea and discharged in a port or terminal installation in acountry which is not a Fund Convention country.(4) The person liable to pay contributions is--(a) in the case of oil which is being imported, the importer; and(b) in any other case, the person by whom the oil is received.(5) A person shall not be liable to make contributions in respect of theoil imported or received by him in any year if the oil so imported orreceived in that year does not exceed 150 000 tonnes.(6) For the purpose of subsection (5)--(a) all the companies in a group of companies shall be treated as a singleperson; and(b) any 2 or more companies which have been amalgamated into a singlecompany shall be treated as the same person as that single company.(7) The contributions payable by a person for any year shall--(a) be of such amount as may be determined by the Assembly of the Fundunder Articles 11 and 12 of the Fund Convention and notified to him by theFund;(b) be payable in such instalments, becoming due at such times, as may beso notified to him,and if any amount due from him remains unpaid after the date on which itbecame due, such amount--(i) shall from that date bear interest, at a rate determined from time totime by the Assembly of the Fund, until it is paid; and(ii) shall, together with such interest, be recoverable as a civil debtdue to the Fund.(8) The Governor in Council may by regulations require persons who are maybe liable to pay contributions under this section to give security forpayment to the Governor or to the Fund; and such regulations may--(a) contain such supplemental or incidental provisions as appear to theGovernor in Council expedient; and(b) provide that a contravention of specified provisions of theregulations shall be an offence and may provide penalties therefor notexceeding a fine of $5,000.(9) In this section and section 24, unless the context otherwiserequires--"company" means a body incorporated under the law of Hong Kong,or of any other country; "crude oil" means any liquid hydrocarbon mixtureoccurring naturally in the earth whether or not treated to render itsuitable for transportation, and includes--(a) crude oils from which distillate fractions have been removed; and(b) crude oils to which distillate fractions have been added;"fuel oil" means heavy distillates or residues from crude oil or blends ofsuch materials intended for use as a fuel for the production of heat orpower of a quality equivalent to the American Society for Testing andMaterials' Specification for Number Four Fuel Oil (Designation D 396--69),or heavier;"group of companies" has the same meaning as in section 2 (1) of theCompanies Ordinance (Cap. 32), and in the case of a company incorporatedoutside Hong Kong, has a corresponding meaning subject to any necessarymodifications;"import" means import into Hong Kong;"importer" means the person by whom or on whose behalf the oil in questionis entered for customs purposes on importation;"oil" means crude oil and fuel oil.(10) In this section "sea" does not include any waters within theboundaries of Hong Kong as defined in the Second Schedule to theInterpretation and General Clauses Ordinance (Cap. 1).24. Power to obtain information(1) The Governor may, for the purpose of transmitting to the Fund a listof the names and addresses of the persons who, under section 23, areliable to make contributions to the Fund for any year, and the quantity ofoil in respect of which they are so liable, by notice in writing requireany person engaged in producing, treating, distributing or transportingoil to furnish to a person specified in the notice such information as maybe specified in the notice.(2) A notice under this section may require a company to give suchinformation as may be required to ascertain whether its liability isaffected by section 23 (6).(3) A notice under this section may specify the manner in which, and thetime within which, it is to be complied with.(4) In legal proceedings by the Fund against any person to recover anyamount due under section 23, any particulars contained in any listtransmitted by the Governor to the Fund shall, in so far as thoseparticulars are based on information obtained under this section, beadmissible as evidence of any relevant fact stated in the list; and in sofar as particulars which are so admissible are based on information givenby the person against whom the proceedings are brought, those particularsshall be presumed to be accurate until the contrary is proved.(5) A person who discloses any information which has been furnished to orobtained by him under this section, or in connection with the execution ofthis 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 $5,000.(6) A person who--(a) refuses or wilfully neglects to comply with a requirement of a noticeunder this section; or(b) in purporting to comply with a requirement of a notice under thissection makes any statement which he knows to be false in a materialparticular, or recklessly makes any statement which is false in a materialparticular,commits an offence and is liable--(i) on conviction upon indictment, to imprisonment for 1 year and to afine of $50,000; or(ii) on summary conviction, to a fine of $5,000.25. Liability of the Fund for pollution damage(1) The Fund shall be liable for pollution damage in Hong Kong if theperson suffering the damage has been unable to obtain full compensationunder section 6--(a) because the discharge or escape causing the damage--(i) resulted from an exceptional, inevitable and irresistible naturalphenomenon; or(ii) was due wholly to anything done or left undone by another person, notbeing 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 orother authority in exercising its function of maintaining lights or othernavigational 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 notable to meet his obligations in full in respect of that liability; or(c) because the damage exceeds the liability under section 6 as limited bysection 9.(2) Where--(a) a discharge or escape has caused pollution damage both in Hong Kongand in the area of another Fund Convention country; and(b) proceedings under the Liability Convention for compensation for thepollution damage have been brought in a country which is not a FundConvention country or in Hong Kong, subsection (1) shall be construed andhave effect as regards that pollution damage as if for "Hong Kong" therewere substituted "the area of a Fund Convention country".(3) Where the incident has caused pollution damage both in Hong Kong andin the area of another country in respect of which the LiabilityConvention is in force, references in this section to any of theprovisions of Part II shall include references to the correspondingprovisions of the law of any country giving effect to the LiabilityConvention.(4) For the purposes of this section an owner or guarantor is not able tomeet his obligations if the obligations have not been met after allreasonable steps to pursue the legal remedies available have been taken.(5) Expenses reasonably incurred, and sacrifices reasonably made, by theowner voluntarily to prevent or reduce pollution damage shall be treatedas pollution damage for the purposes of this section, and accordingly heshall be in the same position with respect to claims against the Fundunder this section as if he had established a claim in respect ofliability under section 6.(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 orother ship owned or operated by a State and used, at the time of theoccurrence, only on government non-commercial service; or(b) a claimant cannot prove that the damage resulted from an occurrenceinvolving a ship identified by him, or involving 2 or more ships one ofwhich is identified by him.(7) If the Fund proves that the pollution damage resulted wholly orpartly--(a) from anything done or left undone with intent to cause damage by theperson who suffered the damage; or(b) from the negligence of that person,the Fund may be exonerated wholly or partly from its liability to paycompensation to that person, but this subsection shall not apply to aclaim in respect of expenses incurred or sacrifices made voluntarily toprevent or reduce pollution damage.(8) Where the liability under section 6 is limited to any extent bysubsection (4) of that section, the Fund shall be exonerated to the sameextent.(9) The Fund's liability under this section shall be subject to the limitsimposed by paragraphs 4, 5 and 6 of Article 4 of the Fund Convention whichimpose an overall liability on the liabilities of the owner and of theFund, and the texts of which are set out in Schedule 1.(10) Evidence of any instrument issued by any organ of the Fund or of anydocument in the custody of the Fund, or any entry in or extract from sucha document, may be given in any legal proceedings by production of a copycertified as a true copy by an official of the Fund; and any documentpurporting to be such a copy shall be received in evidence without proofof the official position or signature of the person signing thecertificate.(11) For the purpose of giving effect to paragraphs 4, 5 and 6 of Article4 of the Fund Convention a court giving judgment against the Fund in legalproceedings under this section shall notify the Fund to that effect, and-(a) no steps shall be taken to enforce the judgment unless and until thecourt gives leave to enforce it;(b) that leave shall not be given unless and until the Fund notifies thecourt either that the amount of the claim is not to be reduced underparagraph 4 of Article 4 of the Fund Convention, or that it is to bereduced to a specified amount; and(c) in the latter case the judgment shall be enforceable only for thereduced amount.26. Indemnification of ship owner where ship registered in Fund Conventioncountry(1) Where a liability is incurred under section 6 in respect of a shipregistered in a Fund Convention country the Fund shall indemnify the ownerand his guarantor for that portion of the aggregate amount of theliability which--(a) is in excess of an amount equivalent to 1,500 francs for each ton ofthe ship's tonnage or of an amount of 125 million francs, whichever is theless; and(b) is not in excess of an amount equivalent to 2,000 francs for each tonof the said tonnage or an amount of 210 million francs, whichever is theless.(2) Where proceedings under the Liability Convention for compensation forpollution damage have been brought in a country which is not a FundConvention country (but is a country in respect of which the LiabilityConvention is in force), and the incident has caused pollution damage inHong Kong (as well as in that country) subsection (1) shall apply with theomission of the words "under section 6".(3) The Fund shall not incur an obligation under this section where thepollution damage resulted from the wilful misconduct of the owner.(4) In legal proceedings to enforce the Fund's obligation under thissection the court may exonerate the Fund wholly or partly if it is provedthat, as a result of the actual fault or privity of the owner--(a) the ship did not comply with such requirements as the Governor may byorder prescribe for the purposes of this section; and(b) the occurrence or damage was caused wholly or partly by that non-compliance.(5) The requirements referred to in subsection (4) are such requirementsas appear to the Governor to be appropriate to implement the provisionsof--(a) Article 5 (3) of the Fund Convention (marine safety conventions); and(b) Article 5 (4) of the Fund Convention (which enables the Assembly ofthe Fund to substitute new conventions).(6) An order made under subsection (4) may contain such transitional orother supplemental provisions as appear to the Governor to be expedient.(7) Expenses reasonably incurred, and sacrifices reasonably made, by theowner voluntarily to prevent or reduce the pollution damage shall betreated as included in the owner's liability for the purposes of thissection.27. Effect of judgments(1) Where in accordance with rules of court made for the purposes of thissubsection the Fund has been given notice of proceedings brought againstan owner or guarantor in respect of liability under section 6, anyjudgment given in the proceedings shall, after it has become final andenforceable, become binding upon the Fund in the sense that the facts andevidence in the judgment may not be disputed by the Fund even if the Fundhas not intervened in the proceedings.(2) Where a person incurs a liability under the law of a Fund Conventioncountry corresponding to the provisions of Part II for damage which ispartly in Hong Kong, subsection (1) shall, for the purpose of proceedingsunder this Part, apply with any necessary modifications to a judgment inproceedings 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 notthey would so apply apart from this subsection, to any judgment given by acourt in a Fund Convention country to enforce a claim in respect ofliability incurred under any law corresponding to section 25 or 26; and inthe application of those sections of the Foreign Judgments (ReciprocalEnforcement) Ordinance (Cap. 319) to such a judgment, the sections shallhave effect as if subsections (2) and (3) of section 6 of that Ordinancewere omitted.(4) No steps shall be taken to enforce judgment referred to in subsection(3) unless and until the court in which it is registered under the ForeignJudgments (Reciprocal Enforcement) Ordinance (Cap. 319) gives leave toenforce it; and--(a) that leave shall not be given unless and until the Fund notifies thecourt either that the amount of the claim is not to be reduced underparagraph 4 of Article 4 of the Fund Convention, or that it is to bereduced to a specified amount; and(b) in the latter case, the judgment shall be enforceable only for thereduced amount.28. Extinguishment of claims under Part III(1) No action to enforce a claim against the Fund under this Part shall bebrought in any court in Hong Kong unless--(a) the action is commenced; or(b) a third-party notice of an action to enforce a claim against the owneror his guarantor in respect of the same damage is given to the Fund,not later than 3 years after the claim against the Fund arose.(2) In subsection (1) "third-party notice" means a notice of the kinddescribed in section 27 (1) and (2).(3) No action to enforce a claim against the Fund under this Part shall bebrought in any court in Hong Kong unless the action is commenced not laterthan 6 years after the occurrence or, if there is more than one suchoccurrence, the first of such occurrences, resulting in the discharge orescape by reason of which the claim against the Fund arose.(4) Notwithstanding subsections (1), (2) and (3), a person's right tobring an action under section 26 to enforce the Fund's obligation toindemnify him under that section shall not be extinguished before 6 monthsfrom the date when that person first acquired knowledge of the bringing ofan action against him under the provisions of Part II (that is to say anaction to enforce a liability against which he seeks indemnity), or underthe corresponding provisions of the law of any country outside Hong Konggiving effect to the Liability Convention.29. Subrogation and rights of recourse(1) In respect of any sum paid under section 25 (1) (b) the Fund shallacquire by subrogation the rights of the recipient against the owner orguarantor.(2) The right of the Fund under subsection (1) is subject to anyobligation of the Fund under section 26 to indemnify the owner orguarantor for any part of the liability on which he has defaulted.(3) In respect of any sum paid--(a) under section 25 (1) (a) or (c); or(b) under section 26,the Fund shall acquire by subrogation any rights of recourse orsubrogation which the owner or guarantor or any other person has inrespect of his liability for the damage in question.(4) In respect of any sum paid by the Government as compensation forpollution damage, the Government shall acquire by subrogation any rightswhich the recipient has against the Fund under this Part. PART IV MISCELLANEOUS30. Offences by bodies corporateWhere an offence under this Ordinance, which has been committed by a bodycorporate is proved to have been--(a) committed with the consent or connivance of; or(b) due to any neglect on the part of,a director, manager, secretary or other similar officer of the bodycorporate, or any person who was purporting to act in any such capacity,he, as well as the body corporate, commits that offence and shall beliable to be proceeded against and punished accordingly.31. Fees(1) The Governor in Council may by regulations made under this section orunder the Merchant Shipping Ordinance (Cap. 281) prescribe the feespayable in respect of any certificate, service or facility issued orprovided under this Ordinance, not being fees prescribed under any othersection of this Ordinance.(2) Any fees prescribed under this Ordinance--(a) may be fixed at levels which provide for the recovery of expenditureincurred or likely to be incurred by the Government or other authority inrelation generally to the administration, regulation and control of HongKong ships and of ports, ships and navigation in the waters of Hong Kong,and shall not be limited by reference to the amount of administrative orother costs incurred or likely to be incurred in the provision of anyparticular certificate, service, facility or matter; and(b) may, without prejudice to the generality of paragraph (a), be fixed atdifferent amounts in relation to different sizes of ship, whether measuredby tonnage, length or otherwise, or in relation to different classes,types or descriptions of certificate, service, facility or ship.32. Amendments, Savings and Repeals(1) The Oil Pollution (Compulsory Insurance) Regulations (App. I, p. AV1)as amended in the provisions set out in column 1 of Part I of Schedule 2to the extent and in the manner set out in column 2 of that Part--(a) shall, notwithstanding the repeals specified in subsection (3),continue in force; and(b) shall be deemed for all purposes to have been made by the Governor inCouncil under sections 15 and 16.(2) -- (3) (Omitted)(4) Notwithstanding the repeals effected by subsection (3), anycertificate or notice--(a) issued in Hong Kong;(b) corresponding to a certificate or notice for which provision is madeby section 10 (3), 16 (1) or 24 (1); and(c) in force immediately before the commencement of this Ordinance,shall continue in force and have effect as if it were a certificate ornotice issued under section 10 (3), 16 (1) or 24 (1), as the case may be. SCHEDULE 1 OVERALL LIMIT ON LIABILITY OF FUNDFund Convention, Article4-paragraphs 4, 5 and 6 [s. 26 (9)]4. (a) Except as otherwise provided in subparagraph (b), the aggregateamount of compensation payable by the Fund under this Article shall inrespect of any one incident be limited, so that the total sum of thatamount and the amount of compensation actually paid under the LiabilityConvention for pollution damage caused in the territory of the ContractingStates, including any sums in respect of which the Fund is under anobligation to indemnify the owner pursuant to Article 5, paragraph 1, ofthis Convention, shall not exceed 450 million francs. SCHEDULE 2 (omitted)