Hong Kong Ordinances

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

Liability for oil pollution

(Past version on 30/06/1997).

(1) Where, as a result of any incident any oil is discharged or escapes from a
ship, the owner of the ship shall be liable, except as otherwise provided by
this Ordinance, for any pollution damage caused in Hong Kong.

(1A) Where as a result of any incident a relevant threat of  contamination
occurs, the owner of the ship that caused such threat shall be liable, except
as otherwise provided by this Ordinance, for-

   (a)  the cost of any reasonable measures taken for the purpose of
        preventing such contamination or minimizing any damage in Hong Kong
        arising from a discharge or escape of oil from the ship; and

   (b)  any damage caused outside the ship in Hong Kong by any measures so
        taken. (Added 46 of 1997 s. 4)

(2) Where-

   (a)  a liability arises under subsection (1) or (1A) (as the case may be);
        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) or (1A) (as the case may be) for
        that damage as if the damage had occurred in Hong Kong.

(3) Where 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.

(3A) Subject to subsection (3B), this section applies to any ship constructed
or adapted for carrying oil in bulk as cargo. (Added 46 of 1997 s. 4)

(3B) Where a ship referred to in subsection (3A) is capable of carrying other
cargoes besides oil, this section shall apply to such a ship-

   (a)  while it is carrying oil in bulk as cargo; and

   (b)  subject to the owner proving that no residues from the carriage of any
        such oil remain in the ship, while it is on any voyage following the
        carriage of any such oil. (Added 46 of 1997 s. 4)

(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. Amended 46 of 1997 s. 4)