| An Ordinance to provide for compensation for pollution caused by the discharge or escape of oil from oil-carrying ships and for the liability of shipowners; for compulsory insurance in respect of such liability; for contributions by oil importers and others to the International Fund for Compensation for Oil Pollution Damage; for the liability of the Fund in certain circumstances for such pollution; for the indemnification of shipowners by the Fund; and for incidental or related matters. (Enacted 1990) [15 January 1991] L.N. 13 of 1991 (Originally 38 of 1990) Cap 414 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance. (Enacted 1990) Cap 414 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "cost" (费用) includes expenses; "country" (地区) includes any territory; "court"(法庭) (法院) means the Court of First Instance or a judge thereof; (Amended 25 of 1998 s. 2) "damage" (损害) includes loss; "Director" (处长) means the Director of Marine; "Fund Convention" (《基金公约》) means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, as modified by Resolution LEG. 2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000; (Amended 46 of 1997 s. 2; 19 of 2003 s. 2) "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "incident" (事件) means any occurrence, or series of occurrences having the same origin, that- (a) causes pollution damage; or (b) creates a relevant threat of contamination; (Added 46 of 1997 s. 2)"Liability Convention" (《法律责任公约》) means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as modified by Resolution LEG. 1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000; (Amended 46 of 1997 s. 2; 19 of 2003 s. 2) "Monetary Authority" (金融管理专员) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); (Added 46 of 1997 s. 2) "oil" (油、油类) (except in sections 23 and 24) means persistent hydrocarbon mineral oil; (Added 46 of 1997 s. 2) "owner" (船东), in relation to a ship, means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator; (Amended 74 of 1990 s. 104(3)) "pollution damage" (污染损害) means loss or damage caused outside a ship by contamination resulting from the discharge or escape of oil from the ship, wherever the discharge or escape may occur, and includes the cost of preventive measures and further loss or damage caused by preventive measures, but does not include any loss or damage attributable to any impairment of the environment except to the extent that such loss or damage consists of any loss of profits or the cost of any reasonable measures of reinstatement actually taken or to be taken; (Amended 46 of 1997 s. 2) "preventive measures" (预防措施) means any reasonable measures taken by any person, after an incident has occurred, to prevent or reduce pollution damage; (Amended 46 of 1997 s. 2) "relevant threat of contamination" (有关的污染威胁) means a grave and imminent threat of damage being caused by contamination resulting from a discharge or escape of oil from a ship; (Added 46 of 1997 s. 2) "ship" (船) (船舶) means any sea-going vessel or seaborne craft of any type whatsoever; (Amended 46 of 1997 s. 2) "special drawing rights" (特别提款权) means units of account used by the International Monetary Fund and known as special drawing rights; "terminal installation" (贮油站) means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated offshore and linked to any such site. (Amended 19 of 2003 s. 2)(2) For the purposes of this Ordinance, where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one; but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape. (3) Reference in this Ordinance to the area of a country includes its territorial sea and any exclusive economic zone of that country established in accordance with international law or, if a country has not established such a zone, it includes an area beyond and adjacent to the territorial sea of that country determined by that country in accordance with international law and extending not more than 200 nautical miles from the baseline from which the breadth of its territorial sea is measured. (Replaced 46 of 1997 s. 2) |
