Hong Kong Ordinances

NUCLEAR MATERIAL (LIABILITY FOR CARRIAGE) ORDINANCE - SECT 5

Right to compensation by virtue of section 3

(1) Where any injury or damage has been caused in breach of a duty imposed by
section 3-

   (a)  subject to sections 6(1), 8, 9(2) and 10(1), compensation in respect
        of that injury or damage shall be payable wherever the injury or
        damage was incurred;

   (b)  subject to subsections (3) and (4) and to section 11(5), no other
        liability shall be incurred by any person in respect of that injury or
        damage.

(2) Subject to subsection (3), any injury or damage which, though not caused
in breach of a duty imposed by section 3 is not reasonably separable from
injury or damage so caused, shall be deemed for the purposes of subsection (1)
to have been so caused.

(3) Where any injury or damage is caused partly in breach of a duty imposed by
section 3 and partly by an emission of ionising radiations which does not
constitute such a breach, subsection (2) shall not affect any liability of any
person in respect of that emission apart from this Ordinance, but a claimant
shall not be entitled to recover compensation in respect of the same injury or
damage both under this Ordinance and otherwise than under this Ordinance.

(4) Subject to section 6(2), nothing in subsection (1)(b) shall affect the
operation of-

   (a)  the Carriage of Goods by Sea Ordinance ( Cap 462); or

   (b)  the Carriage by Air Ordinance ( Cap 500). (Replaced 13 of 1997 s. 20)
        (Enacted 1995) [cf. 1965 c. 57 s. 12 U.K.]