Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 27

Effect of judgments

(Past version on 30/06/1997).

(1) Where in accordance with rules of court made for the purposes of this
subsection the Fund has been given notice of proceedings brought against an
owner or guarantor in respect of liability under section 6, any judgment given
in the proceedings shall, after it has become final and enforceable, become
binding upon the Fund in the sense that the facts and evidence in the judgment
may not be disputed by the Fund even if the Fund has not intervened in the
proceedings.

(2) Where a person incurs a liability under the law of a Fund 
Convention country corresponding to the provisions of Part II for damage which
is partly in Hong Kong, subsection (1) shall, for the purpose of proceedings
under this Part, apply with any necessary modifications to a judgment in
proceedings under that law of the country concerned.

(3) Subject to subsection (4), sections 3 to 9 of the Foreign 
Judgments (Reciprocal Enforcement) Ordinance ( Cap 319) shall apply, whether
or not they would so apply apart from this subsection, to any judgment given
by a court in a Fund Convention country to enforce a claim in respect of
liability incurred under any law corresponding to section  25 ; and in the
application of those sections of the Foreign Judgments 
(Reciprocal Enforcement) Ordinance ( Cap 319) to such a judgment, the sections
shall have effect as if subsections (2) and (3) of section 6 of that Ordinance
were omitted. (Amended 46 of 1997 s. 21)

(4) No steps shall be taken to enforce judgment referred to in subsection (3)
unless and until the court in which it is registered under the
Foreign Judgments (Reciprocal Enforcement) Ordinance ( Cap 319) gives leave to
enforce it; and-

   (a)  that leave shall not be given unless and until the Fund notifies the
        court either that the amount of the claim is not to be reduced under
        paragraph 4 of Article 4 of the Fund Convention, or that it is to be
        reduced to a specified amount; and

   (b)  in the latter case, the judgment shall be enforceable only for the
        reduced amount. (Enacted 1990)