| An Ordinance to make provision relating to merchant shipping with a view to enabling certain Conventions to be carried into effect. [16 June 1997] L.N. 322 of 1997 (Originally 35 of 1997) Cap 508 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance. (2) (Omitted as spent) Cap 508 s 2 Interpretation PART II COLLISION DAMAGE LIABILITY (1) In this Part, unless the context otherwise requires- "freight" (运费) includes passage money and hire; [cf. 1911 c. 57 s. 1(2) U.K.] "vessel" (船只) includes any ship or boat, or any other description of vessel used in navigation. [cf. 1894 c. 60 s. 742 U.K.] (2) References in this Part to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages. [cf. 1911 c. 57 s. 1(2) U.K.] Cap 508 s 3 Rules as to division of damage or loss (1) Where by the fault of 2 or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault. [cf. 1911 c. 57 s. 1(1) U.K.] (2) If, having regard to all the circumstances of the case, it is not possible to establish degrees of fault, the liability shall be apportioned equally. [cf. 1911 c. 57 s. 1(1)(a) U.K.] (3) Nothing in this section shall operate so as to render a vessel liable for damage or loss to which its fault has not contributed. [cf. 1911 c. 57 s. 1(1)(b) U.K.] (4) Nothing in this section shall affect the liability of a person under a contract of carriage or any other contract. [cf. 1911 c. 57 s. 1(1)(c) U.K.] (5) Nothing in this section shall be construed as imposing any liability upon a person from which he is exempted by any contract or law, or as affecting the right of a person to limit his liability in the manner provided by law. [cf. 1911 c. 57 s. 1(1)(c) U.K.] Cap 508 s 4 Damages for loss of life or personal injuries (1) Where loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several. [cf. 1911 c. 57 s. 2 U.K.] (2) Nothing in this section shall be construed as depriving a person of any right of defence on which, independently of this section, he might have relied in an action brought against him by any person injured, or any person or persons entitled to sue in respect of the loss of life or personal injuries, or shall affect the right of a person to limit his liability in cases to which this section relates in the manner provided by law. [cf. 1911 c. 57 s. 2 U.K.] Cap 508 s 5 Right of contribution (1) Subject to subsection (2), where loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, and a proportion of the damages is recovered against the owners of one of the vessels that exceeds the proportion in which that vessel is in fault, those owners may recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault. [cf. 1911 c. 57 s. 3(1) U.K.] (2) No amount may be recovered by way of contribution under subsection (1) that could not have been recovered in the first instance as damages by reason of any statutory or contractual limitation of, or exemption from, liability, or for any other reason. [cf. 1911 c. 57 s. 3(1) U.K.] (3) In addition to any other remedy provided by law but subject to this Part, a person entitled to a contribution under subsection (1) shall, for the purpose of recovering the contribution, have the same rights and powers as a person entitled to sue for damages in the first instance. [cf. 1911 c. 57 s. 3(2) U.K.] Cap 508 s 6 Jurisdiction in cases of loss of life or personal injury Any enactment which confers on a court Admiralty jurisdiction in respect of damage or loss shall have effect as though references in that enactment to such damage or loss included references to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem or in personam. [cf. 1911 c. 57 s. 5 U.K.] Cap 508 s 7 Limitation of actions (1) Subject to subsection (3), no action shall be maintainable to enforce any claim or lien against a vessel or its owners in respect of any damage or loss to another vessel, its cargo or freight, or any property on board the vessel, or damages for loss of life or personal injuries suffered by any person on board the vessel, caused by the fault of the former vessel, whether such vessel is wholly or partly in fault, unless proceedings in the action are commenced within 2 years from the date when the damage, loss or injury was caused. [cf. 1911 c. 57 s. 8 U.K.] |
