Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 23D

Requirements in respect of policies of insurance

(1) For the purposes of section 23C(1), a policy of insurance shall be a
policy which—

   (a)  is issued by an authorized insurer;

   (b)  is expressed to be—

        (i)    governed by the laws of Hong Kong; and

        (ii)   issued for the purposes of section 23C(1); and

   (c)  insures such person, persons or classes of persons as may be specified
        in the policy in respect of any liability which may be incurred by him
        or them in respect of the death of or bodily injury to any person
        caused by or arising out of the use of local vessels in the waters of
        Hong Kong.

(2) The liability covered by a policy of insurance required by subsection (1)
shall include the liability for—

   (a)  interest, costs and expenses indemnified under the policy; and

   (b)  other costs and expenses incurred by the insured and recoverable from
        the insurer under the policy.

(3) A policy of insurance required by subsection (1) shall not be required to
cover—

   (a)  liability in respect of the death of or bodily injury to any person in
        the employment of a person insured by the policy which arises out of
        and in the course of the first mentioned person’s employment;

   (b)  any contractual liability; or

   (c)  any liability in respect of any one accident or series of accidents
        arising out of the same event exceeding such amount as shall be
        specified by the Director under any regulation made under section 89.

(4) Notwithstanding anything in any law, an authorized insurer issuing a
policy of insurance for the purposes of section 23C(1) shall be liable to
indemnify the persons or classes of persons specified in the policy in respect
of any liability which the policy purports to cover in the case of those
persons or classes of persons.

(5) A policy of insurance which is issued for the purposes of section 23C(1)
shall be governed by the laws of Hong Kong. (Part VA added 24 of 2005 s. 9)