Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 7

Exceptions from liability under section 6

(Past version on 30/06/1997).

The owner of a ship is not liable for loss or damage resulting from an
incident if he proves that the incident- (Amended 46 of 1997 s. 5)

   (a)  resulted from an act of war, hostilities, civil war, insurrection or
        an exceptional, inevitable and irresistible natural phenomenon; or

   (b)  was due wholly to anything done or left undone by another person, not
        being a servant or agent of the owner, with intent to do damage; or

   (c)  was due wholly to the negligence or wrongful act of a government or
        other authority in exercising its function of maintaining lights or
        other navigational aids for the maintenance of which it was
        responsible. (Enacted 1990)