Hong Kong Ordinances

NUCLEAR MATERIAL (LIABILITY FOR CARRIAGE) ORDINANCE - SECT 6

Exclusion, extension or reduction of compensation in certain cases

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) The duty imposed by section 3 or 4-

   (a)  shall not impose any liability on the person subject to that duty with
        respect to injury or damage caused by an occurrence which constitutes
        a breach of that duty if the occurrence, or the causing thereby of the
        injury or damage, is attributable to hostile action in the course of
        any armed conflict, including any armed conflict within Hong Kong; but

   (b)  shall, subject to section 9(2), impose such a liability where the
        occurrence, or the causing thereby of the injury or damage, is
        attributable to a natural disaster, notwithstanding that the disaster
        is of such an exceptional character that it could not reasonably have
        been foreseen.

(2) Where, in the case of an occurrence which constitutes a breach of the duty
imposed by section 3, a person other than the person subject to that duty
makes any payment in respect of injury or damage caused by that occurrence
and-

   (a)  the payment is made in pursuance of any of the following international
        agreements-

        (i)    the International Convention for the Unification of certain
               Rules of Law relating to Bills of Lading concluded at Brussels
               on 25 August 1924;

        (ii)   the International Convention for the Unification of certain
               Rules relating to International Carriage by Air concluded at
               Warsaw on 12 October 1929;

        (iii)  the Protocol to amend the Convention for the Unification of
               certain Rules relating to International Carriage by Air signed
               at Warsaw on 12 October 1929 concluded at The Hague on 28
               September 1955; and

        (iv)   the Convention supplementary to the Warsaw Convention, for the
               Unification of certain Rules relating to International Carriage
               by Air performed by a Person other than the Contracting Carrier
               concluded at Guadalajara on 18 September 1961; or

   (b)  the injury or damage was incurred in a country, territory or place
        which is not a relevant territory and the payment is made by virtue of
        a law of that country, territory or place and by a person who has his
        principal place of business in a relevant territory or is acting on
        behalf of such a person, (Amended 64 of 1999 s. 3) the person making
        the payment may make the like claim under this Ordinance for
        compensation of the like amount, if any, not exceeding the amount of
        the payment made by him, as would have been available to him if the
        injury in question had been suffered by him or, as the case may be,
        the property suffering the damage in question had been his.

(3) The amount of compensation payable to or in respect of any person under
this Ordinance in respect of any injury or damage caused in breach of the duty
imposed by section 3 may be reduced by reason of the fault of that person if,
but only if, and to the extent that, the causing of that injury or damage is
attributable to any act of that person committed with the intention of causing
harm to any person or property or with reckless disregard for the consequences
of his act. (Enacted 1995) [cf. 1965 c. 57 s. 13 U.K.]