Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 9

Limitation of liability under section 6

(Past version on 05/01/2000).
(Past version on 30/06/1997).

(1) Where, as a result of any incident, the owner of a ship incurs a liability
under section 6, he may limit that liability in accordance with the provisions
of this Ordinance and, if he does so, his liability shall not exceed
the relevant amount.

(2) In subsection (1) "the relevant amount" (有關數額) means-

   (a)  for a ship not exceeding 5000 tons, 4510000 special drawing  rights;

   (b)  for a ship exceeding 5000 tons, 4510000 special drawing rights
        together with an additional 631 special drawing rights for each ton of
        its tonnage in excess of 5000 tons, but not exceeding an aggregate
        amount of 89770000 special drawing rights. (Amended 19 of 2003 s. 3)

(3) Subsection (1) shall not apply where it is proved that the incident
resulted from anything done or omitted to be done by the owner either with the
intent to cause such damage or cost or recklessly and with knowledge that such
damage or cost would probably result. (Replaced 46 of 1997 s. 7)

"the relevant amount" (有關數額)