(Cap 434 section 17(2))* [16 January 1987] (L.N. 12 of 1987) _________________________________________________________________________________ Note: * This order was originally made under paragraph 5 of Part II of Schedule 4 to the Merchant Shipping Act 1979 (1979 c. 39 U.K.) as modified and extended to Hong Kong by the Merchant Shipping Act 1979 (Hong Kong) Order 1980 (S.I. 1980/1514 U.K.). See now sections 17(2) and 29(2) of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance, enacted in 1993 (Cap 434). Cap 434A para 1 Citation This order may be cited as the Merchant Shipping (Liability of shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order. (Enacted 1987) Cap 434A para 2 Calculation of gross tonnage For the purposes of article 6 of the Convention on Limitation of Liability for Maritime Claims 1976 (set out in Part I of Schedule 4 to the Merchant Shipping Act 1979) (1979 c. 39 U.K.))+ and of paragraph 5 of Part II of Schedule 4 to that Act, the gross tonnage of a ship shall be calculated in accordance with regulations 4 to 6 of the Merchant Shipping (Tonnage) Regulations (Cap 415 sub. leg.). (Enacted 1987)_________________________________________________________________________________ Note: + Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 434A para 3 Use of best evidence available of ship's measurements In the case of a ship of which, at the time when the limitation is claimed, the tonnage has not been and cannot be ascertained in accordance with paragraph 2, the best evidence available of the measurements of the ship shall be used in calculating the tonnage of the ship according to the regulations referred to in that paragraph. (Enacted 1987) |