Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 23H

Bankruptcy, etc. of insured persons not to affect certain claims by third parties

(1) Where—

   (a)  a policy of insurance has been issued for the purposes of
        section 23C(1) in favour of any person; and

   (b)  an event mentioned in section 2(1) or (2) of the Third Parties (Rights
        against Insurers) Ordinance ( Cap 273) happened in relation to any
        person insured by the policy, the happening of the event shall,
        notwithstanding anything in that Ordinance, not affect any such
        liability of that person as is required to be covered by a policy
        under section 23D(1)(c).

(2) Nothing in this section shall affect any rights against the
authorized insurer conferred by the Third Parties (Rights against Insurers)
Ordinance ( Cap 273) on the person to whom the liability was incurred.

(3) Where—

   (a)  an insured person has rights against an authorized insurer under a
        policy of insurance issued for the purposes of section 23C(1); and

   (b)  the rights are by virtue of section 2 of the Third Parties (Rights
        against Insurers) Ordinance ( Cap 273) transferred to and vested in a
        third party, the Court of First Instance has power to hear and
        determine a claim by the third party against the authorized insurer
        under the policy notwithstanding that the authorized insurer is not
        within the jurisdiction of the Court. (Part VA added 24 of 2005 s. 9)