Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 12

Concurrent liabilities of owners and others

(Past version on 30/06/1997).

Where, as a result of any incident, the owner of a ship incurs a liability
under section 6 and any other person incurs a liability, otherwise than under
that section, in respect of damages or costs mentioned in section  6 (1) or
(1A), then, if- (Amended 46 of 1997 s. 8)

   (a)  the owner has been found, in proceedings under section 10, to be
        entitled to limit his liability to any amount and has paid into court
        a sum not less than that amount; and

   (b)  the other person is entitled to limit his liability in connection with
        the ship by virtue of the Merchant Shipping (Limitation of 
        Shipowners Liability) Ordinance ( Cap 434), (Amended 55 of 1993 s. 30)
        no proceedings shall be taken against the other person in respect of
        his liability, and if any such proceedings were commenced before the
        owner paid the sum into court, no further steps shall be taken in the
        proceedings except in relation to costs. (Enacted 1990)