Cap 413 s 7 Directions; right to recover in respect of unreasonable loss or damage (MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE)

Contents of Section

Chapter:	413	Title:	MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE	Gazette Number:
Section:	7	Heading:	Directions; right to recover in respect of unreasonable loss or damage	Version Date:	30/06/1997

(1) If any action taken under a direction under section 6(2), or under section 6(4) or (5)-

(a) was not reasonably necessary to prevent or reduce pollution or, as may be appropriate, the risk of pollution; or

(b) was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action,

a person incurring expense or suffering damage as a result of the action, or of himself having taken the action, shall be entitled to claim and recover compensation from the Government.
(2) In determining whether subsection (1) applies in a particular case, account shall be taken of-

(a) the extent and risk of pollution if the action had not been taken;

(b) the likelihood of the action being effective; and

(3) Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action.

(Enacted 1990)