Cap 548 s 23H Bankruptcy, etc. of insured persons not to affect certain claims by third parties (MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE)

Contents of Section

Chapter:	548	Title:	MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE	Gazette Number:	24 of 2005; L.N. 282 of 2006
Section:	23H	Heading:	Bankruptcy, etc. of insured persons not to affect certain claims by third parties	Version Date:	02/01/2007

(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.

(Added 24 of 2005 s. 9)