Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 2

Interpretation

(Past version on 05/01/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"cost" (費用) includes expenses;

"country" (地區) 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" (損害) includes loss;

"Director" (處長) means the Director of Marine;

"Fund Convention" (《基金公約》) 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" (《法律責任公約》) 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" (金融管理專員) means the Monetary Authority
appointed under section 5A of the Exchange Fund Ordinance ( Cap 66); (Added 46
of 1997 s. 2) "oil" (油、油類) (except in sections 23 and 24) means
persistent hydrocarbon mineral oil; (Added 46 of 1997 s. 2)

"owner" (船東), 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" (污染損害) 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" (預防措施) 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" (有關的污染威脅) 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" (特別提款權) means units of account used by the
International Monetary Fund and known as special drawing rights;

"terminal installation" (貯油站) 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)

(4) For the purposes of this Ordinance-

   (a)  references to a discharge or escape of oil from a ship are references
        to such a discharge or escape regardless of-

        (i)    where it occurs, provided it results in pollution damage within
               the area of Hong Kong or within the area of a country that is a
               signatory to the Liability Convention; and

        (ii)   whether it is of oil carried in a cargo tank or of oil carried
               in a bunker fuel tank; and

   (b)  where a relevant threat of contamination results from a series of
        occurrences having the same origin, they shall be treated as a single
        occurrence. (Added 46 of 1997 s. 2) (Enacted 1990)

"cost" (費用)

"country" (地區)

"court"(法庭) (法院)

"damage" (損害)

"Director" (處長)

"Fund Convention" (《基金公約》)

"Hong Kong ship" (香港船舶)

"incident" (事件)

"Liability Convention" (《法律責任公約》)

"Monetary Authority" (金融管理專員) "oil" (油、油類)

"owner" (船東)

"pollution damage" (污染損害)

"preventive measures" (預防措施)

"relevant threat of contamination" (有關的污染威脅)

"ship" (船) (船舶)

"special drawing rights" (特別提款權)

"terminal installation" (貯油站)