HKLII Hong Kong Ordinances

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MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 4

Calculation of tonnage

For the purposes of this Ordinance, the tonnage of a ship shall be ascertained
as follows-

   (a)  where the register tonnage of the ship has been or can be ascertained
        in accordance with the Merchant Shipping (Tonnage) Regulations (App.
        I, AB1), the ship's tonnage shall be the register tonnage of the ship
        as so ascertained but without making any deduction required by those
        regulations of any tonnage allowance for propelling machinery space;

   (b)  where the ship is of a class or description with respect to which no
        provision is for the time being made by the Merchant Shipping
        (Tonnage) Regulations (App. I, AB1), the tonnage of the ship shall be
        taken to be 40% of the weight (expressed in tons of 2 240 lbs) of oil
        which the ship is capable of carrying;

   (c)  where the tonnage of the ship cannot be ascertained in accordance with
        either paragraph (a) or (b), the Director shall, if so directed by the
        court in any proceedings, certify what, on the evidence specified in
        the direction, would in his opinion be the tonnage of the ship as
        ascertained in accordance with paragraph (a) or (b), as the case may
        be, if the ship could be duly measured for the purpose; and the
        tonnage stated in his certificate shall be taken to be the tonnage of
        the ship. (Enacted 1990)



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