Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 8

Restriction of liability for oil pollution and threat of contamination

(Past version on 30/06/1997).

(1) Where an incident takes place, whether or not the owner of the ship incurs
a liability under section 6-

   (a)  the owner shall not be liable otherwise than under that section for
        any such pollution damage or cost as is mentioned therein; and

   (b)  no other person to whom this subsection applies shall be liable for
        any such damage or cost, unless it resulted from anything done or
        omitted to be done by him either with intent to cause such damage or
        cost or recklessly and with knowledge that such damage or cost would
        probably result.

(2) Subsection (1) applies to-

   (a)  any servant or agent of the owner of the ship;

   (b)  any person not falling within paragraph (a) but employed or engaged in
        any capacity on board the ship or to perform any services for the
        ship;

   (c)  any charterer (howsoever described, including bareboat charterer),
        manager or operator of the ship;

   (d)  any person performing salvage operations with the consent of the owner
        or on the instructions of a public authority who is vested with such
        powers;

   (e)  any person taking preventive measures; and

   (f)  any servant or agent of a person mentioned in paragraph (c),

   (d)  or (e). (Replaced 46 of 1997 s. 6)