Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 28

Extinguishment of claims under Part III

(Past version on 30/06/1997).

(1) No action to enforce a claim against the Fund under this Part shall be
brought in any court in Hong Kong unless-

   (a)  the action is commenced; or

   (b)  a third-party notice of an action to enforce a claim against the owner
        or his guarantor in respect of the same damage is given to the Fund,
        not later than 3 years after the claim against the Fund arose.

(2) In subsection (1) "third-party notice" (第三者通知) means a notice of
the kind described in section 27(1) and (2).

(3) No action to enforce a claim against the Fund under this Part shall be
brought in any court in Hong Kong unless the action is commenced not later
than 6 years after the occurrence or, if there is more than one such
occurrence, the first of such occurrences, resulting in the discharge or
escape or (as the case may be) the relevant threat of contamination by reason
of which the claim against the Fund arose. (Amended 46 of 1997 s. 22)

(4) (Repealed 46 of 1997 s. 22) (Enacted 1990)

"third-party notice" (第三者通知)