Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 6

Liability for oil pollution

Caution: This is a past version. See the current version here.

(1) Where, as a result of any occurrence taking place while a ship is carrying
a cargo of persistent oil in bulk, any persistent oil carried by the ship
(whether as part of the cargo or otherwise) is discharged or escapes from the
ship, the owner of the ship shall be liable, except as otherwise provided by
this Ordinance, for any pollution damage caused in Hong Kong.

(2) Where-

   (a)  a liability arises under subsection (1); and

   (b)  the discharge or escape by reason of which the liability arose also
        results in pollution damage in the area of a Liability Convention 
        country other than Hong Kong, the owner of the ship concerned shall
        also be liable under subsection (1) for that damage as if the damage
        had occurred in Hong Kong.

(3) Where persistent oil is discharged or escapes from 2 or more ships and-

   (a)  a liability is incurred under this section by the owner of each of
        them; but

   (b)  the pollution damage for which each of the owners would, apart from
        this subsection, be liable cannot reasonably be separated from that
        for which the other or others would be liable, each of the owners
        shall be liable, jointly with the other or others, for the whole of
        that damage for which the owners together would be liable under this
        section.

(4) Section 21 of the Law Amendment and Reform (Consolidation)  Ordinance (
Cap 23) shall apply in relation to any pollution damage for which a person is
liable under this section, but which is not due to his fault, as if it were
due to his fault. (Enacted 1990)