Cap 414 s 20 Liability for cost of preventive measures where section 6 does not apply (MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE)

Contents of Section

Chapter:	414	Title:	MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE	Gazette Number:	L.N. 327 of 1999
Section:	20	Heading:	Liability for cost of preventive measures where section 6 does not apply	Version Date:	05/01/2000

(1) Where-

(a) after a discharge or an escape of oil from a ship, reasonable measures are taken to prevent or reduce damage in Hong Kong which may be caused by contamination resulting from the discharge or escape; and

(b) any person incurs, or might but for the measures have incurred, a liability, otherwise than under section 6, for any such damage,

he shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty. (Amended 46 of 1997 s. 16)
(1A) Where-

(a) a relevant threat of contamination occurs and reasonable measures are taken for the purpose of removing or minimizing any such threat in Hong Kong; and

(b) section 6(1A) does not apply,

the owner of the ship shall be liable for the cost of the measures, whether or not the person talking them does so for the protection of his interests or in the performance of a duty. (Added 46 of 1997 s. 16)
(1B) Where a person is, by virtue of subsection (1) or (1A), liable for the cost of any measures, he shall also be liable for any damage in Hong Kong resulting from taking those measures. (Added 46 of 1997 s. 16)
(2) For the purposes of section 12 of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434) any liability incurred under this section shall be deemed to be a liability in respect of such damage to property as is mentioned in paragraph 1(a) of Article 2 of the Convention in Schedule 2 to that Ordinance. (Amended 55 of 1993 s. 30)

(Enacted 1990)