MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE ——附加英文版
Hong Kong
MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
(CHAPTER 414)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
ertificate as to parties to Conventions
alculation of tonnage
II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
iability for oil pollution
xceptions from liability under section 6
estriction of liability for oil pollution
imitation of liability under section 6
Limitation actions
Restriction on enforcement of claims after establishment of
limitation
fund
Concurrent liabilities of owners and others
Establishment of limitation fund outside Hong Kong
Extinguishment of claims under Part II
Compulsory insurance against liability for oil pollution
Issue of certificate by Director
Rights of third parties against insurers
Jurisdiction of Hong Kong courts and registration of foreign
judgments
Warships, etc.
Liability for cost of preventive measures where section 6 does
not
apply
Saving for recourse actions
III THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
Interpretation of Part III
Contributions to the Fund
Power to obtain information
Liability of the Fund for pollution damage
Indemnification of ship owner where ship registered in Fund
Convention
country
Effect of judgments
Extinguishment of claims under Part III
Subrogation and rights of recourse
IV MISCELLANEOUS
Offences by bodies corporate
Fees
Amendments, Savings and Repeals
dule 1. Overall limit on liability of Fund
dule 2. (Omitted)
rdinance to provide for compensation for pollution caused
by the
harge or escape of oil from oil-carrying ships and for the
liability
hipowners; for compulsory insurance in respect of such liability;
for
ributions by oil importers and others to the International
Fund for
ensation for Oil Pollution Damage; for the liability of the
Fund in
ain circumstances for such pollution; for the
indemnification of
owners by the Fund; and for incidental or related matters.
January 1991] L. N. 13 of 1991
PART I Preliminary
hort title
Ordinance may be cited as the Merchant Shipping
(Liability and
ensation for Oil Pollution) Ordinance.
nterpretation
In this Ordinance, unless the context otherwise requires--
t" includes expenses;
ntry" includes any territory;
rt" means the High Court or a judge thereof;
age" includes loss;
ector" means the Director of Marine;
d Convention" means the International Convention on the
establishment
n International Fund for Compensation for Oil Pollution Damage
opened
signature in Brussels on 18 December 1971;
g Kong ship" means a ship registered in Hong Kong;
bility Convention" means the International Convention
on Civil
ility for Oil Pollution Damage opened for signature in Brussels
on 29
mber 1969;
er", in relation to a ship, means the person or persons registered
as
owner of the ship or, in the absence of registration, the
person or
ons owning the ship, except that in relation to a ship owned
by a
e which is operated by a person registered as the ship's operator,
it
s the person registered as its operator; (Amended 74 of 1990 s.
104
lution damage" means damage caused outside a ship carrying
oil by
amination resulting from the discharge or escape of oil from the
ship,
ever the discharge or escape may occur, and includes the
cost of
entive measures and damage caused by preventive measures;
ventive measures" means any reasonable measures taken by any
person
r a discharge or escape of oil from a ship to prevent or
reduce
ution damage;
p" means any sea-going vessel or seaborne craft of
any type
soever, carrying oil in bulk as cargo;
cial drawing rights" means units of account used by the
International
tary Fund and known as special drawing rights;
minal installation" means any site for the storage of oil in
bulk
h is capable of receiving oil from waterborne
transportation,
uding any facility situated offshore and linked to any such site.
For the purposes of this Ordinance, where more than one
discharge or
pe results from the same occurrence or from a series of
occurrences
ng the same origin, they shall be treated as one; but any
measures
n after the first of them shall be deemed to have been taken after
the
harge or escape.
References in this Ordinance to the area of any country include
the
itorial sea of that country.
ertificate as to parties to Conventions
rtificate signed by the Governor and certifying that a State
specified
he certificate--
is a party to the Liability Convention in respect of a
country
ified in the certificate; or
is a party to the Fund Convention in respect of a country specified
in
certificate,
l be conclusive evidence of the matters contained therein and
shall in
legal proceedings under this Ordinance to which it
relates be
ssible on its production and without further proof.
alculation of tonnage
the purposes of this Ordinance, the tonnage of a ship
shall be
rtained as follows--
where the register tonnage of the ship has been or can be
ascertained
ccordance with the Merchant Shipping (Tonnage) Regulations
(App. I,
, the ship's tonnage shall be the register tonnage of the ship
as so
rtained but without making any deduction required by those
regulations
ny tonnage allowance for propelling machinery space;
where the ship is of a class or description with respect to which
no
ision is for the time being made by the Merchant Shipping
(Tonnage)
lations, the tonnage of the ship shall be taken to be 40%
of the
ht (expressed in tons of 2 240 lbs) of oil which the ship is
capable
arrying;
where the tonnage of the ship can not be ascertained in
accordance
either paragraph (a) or (b), the Director shall, if so directed
by
court in any proceedings, certify what, on the evidence
specified in
direction, would in his opinion be the tonnage of the
ship as
rtained in accordance with paragraph (a) or (b), as the case may
be,
he ship could be duly measured for the purpose; and the tonnage
stated
is certificate shall be taken to be the tonnage of the ship.
PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
In this Part--
bility Convention country" means a country in respect of
which the
ility Convention is in force; and
bility Convention State" means a State which is a party
to the
ility Convention.
In relation to any pollution damage resulting from the
discharge or
pe of any oil carried in a ship references in this Part to the
owner
he ship are references to the owner at the time of the
occurrence
lting in the discharge or escape or, if there is more than one
such
rrence, at the time of the first of such occurrences.
References in this Part to the Merchant Shipping Act 1979 (1979
c. 39
.) are references to that Act as it applies in Hong Kong.
iability for oil pollution
Where, as a result of any occurrence taking place while a
ship is
ying a cargo of persistent oil in bulk, any persistent oil carried
by
ship (whether as part of the cargo or otherwise) is
discharged or
pes from the ship, the owner of the ship shall be liable, except
as
rwise provided by this Ordinance, for any pollution damage
caused in
Kong.
Where--
a liability arises under subsection (1); and
the discharge or escape by reason of which the liability arose
also
lts in pollution damage in the area of a Liability Convention
country
r than Hong Kong, the owner of the ship concerned shall also be
liable
r subsection (1) for that damage as if the damage had occurred
in Hong
.
Where persistent oil is discharged or escapes from 2 or more
ships
-
a liability is incurred under this section by the owner of
each of
; but
the pollution damage for which each of the owners would, apart
from
subsection, be liable cannot reasonably be separated from that
for
h the other or others would be liable,
of the owners shall be liable, jointly with the other or others,
for
whole of that damage for which the owners together would be
liable
r this section.
Section 21 of the Law Amendment and Reform (Consolidation)
Ordinance
. 23) shall apply in relation to any pollution damage for
which a
on is liable under this section, but which is not due to his fault,
as
t were due to his fault.
xceptions from liability under section 6
owner of a ship from which persistent oil has been discharged or
has
ped shall not incur any liability under section 6 if he proves
that
discharge or escape--
resulted from an act of war, hostilities, civil war,
insurrection or
xceptional, inevitable and irresistible natural phenomenon; or
was due wholly to anything done or left undone by another person,
not
g a servant or agent of the owner, with intent to do damage; or
was due wholly to the negligence or wrongful act of a
government or
r authority in exercising its function of maintaining lights or
other
gational aids for the maintenance of which it was responsible.
estriction of liability for oil pollution
e, as a result of any occurrence taking place while a ship is
carrying
rgo of persistent oil in bulk, any persistent oil carried by the
ship
ther as part of the cargo or otherwise) is discharged or escapes
then,
her or not the owner incurs a liability under section 6,--
he shall not be liable otherwise than under that section for any
such
ution damage as is mentioned therein; and
no servant or agent of the owner and no person performing
salvage
ations with the agreement of the owner shall be liable for any
such
ge.
imitation of liability under section 6
e the owner of a ship incurs a liability under section 6 by reason
of
scharge or escape which occurred without his actual fault or
privity,
ay limit that liability in accordance with this Ordinance, and
if he
so his liability (that is to say, the aggregate of his
liabilities
r section 6 resulting from the discharge or escape) shall not
exceed--
133 special drawing rights for each ton of the ship's tonnage;
or
14,000,000 special drawing rights, whichever amount is the less.
Limitation actions
Where the owner of a ship has or is alleged to have
incurred a
ility under section 6 he may apply to the court in accordance
with
s of court for the limitation of that liability to
an amount
rmined in accordance with section 9.
If on such an application the court finds that the
applicant has
rred such a liability and is entitled to limit it, the court
shall
rmine the limit of the liability and direct payment into court
of the
nt of that limit, and shall then
determine the amounts that would, apart from the limit, be
due in
ect of the liability to the several persons making claims
in the
eedings under this section; and
direct the distribution of the amount paid into court (or, as the
case
be, so much of it as does not exceed the liability) among
those
ons in proportion to their claims subject to the following
provisions
his section.
A payment into court of the amount of a limit determined under
this
ion shall be made in Hong Kong dollars and--
for the purposes of converting such an amount from special
drawing
ts into Hong Kong dollars the Monetary Authority may certify, in
Hong
dollars, the respective amounts which are to be taken as
equivalent
a particular day to the sums expressed in special drawing
rights in
ion 9;
a certificate signed by or on behalf of the Monetary Authority
under
graph (a) shall be conclusive evidence of the matters
contained
ein and shall in legal proceedings under this Ordinance to
which it
tes be admissible on its production and without further proof.
nded 82 of 1992 s. 44)
No claim shall be made in proceedings under this section except
within
time as the court may direct or such further time as the court
may
w.
Where any sum has been paid in or towards satisfaction of any claim
in
ect of the pollution damage to which the liability referred
to in
ection (1) extends--
by the owner or the person referred to in section 17 as "the
insurer";
by a person who has or is alleged to have incurred a
liability,
rwise than under section 6, for that damage and who is
entitled to
t his liability in connection with the ship by virtue of the
Merchant
ping Act 1979 (1979 c. 39 U. K.), the person who paid the sum
shall,
he extent of that sum, be in the same position with respect to
any
ribution made in proceedings under this section as the person to
whom
as paid would, apart from this subsection, have been,
and the
ribution shall be made accordingly.
Where the owner who incurred the liability referred to in
subsection
has voluntarily made any reasonable sacrifice or taken
any other
onable measures to prevent or reduce pollution damage to
which the
ility extends or might have extended he shall be in the same
position
respect to any distribution made in proceedings under this
section as
e had established a claim in respect of the liability for an
amount
l to the cost of the sacrifice or other measures, and the
distribution
l be made accordingly.
The court may, if it thinks fit, postpone the distribution of
such
of the amount to be distributed as it deems appropriate having
regard
ny claims that may later be established before a court outside
Hong
.
Restriction on enforcement of claims after establishment of
limitation
e the court has found that a person who has incurred a liability
under
ion 6 is entitled to limit that liability to any amount and
he has
into court a sum not less than that amount--
the court shall order the release of any ship or other
property
sted in connection with a claim in respect of that liability or
any
rity given to prevent or obtain release from such an arrest; and
no judgment or decree for any such claim shall be enforced, except
so
as it is for costs,
sum paid into court, or such part thereof as corresponds to the
claim,
be actually available to the claimant or would have been available
to
if the proper steps in the proceedings under section 10
had been
n.
Concurrent liabilities of owners and others
e, as a result of any discharge or escape of persistent oil
from a
, he owner of the ship incurs a liability under section 6 and
any
r person incurs a liability, otherwise than under that section,
for
such pollution damage as is mentioned in subsection (1)
of that
ion, then, if--
the owner has been found, in proceedings under section 10,
to be
tled to limit his liability to any amount and has paid into
court a
not less than that amount; and
the other person is entitled to limit his liability in connection
with
ship by virtue of the Merchant Shipping Act 1979 (1979 c. 39 U.
K.),
roceedings shall be taken against the other person in respect of
his
ility, and if any such proceedings were commenced before the
owner
the sum into court, no further steps shall be taken
in the
eedings except in relation to costs.
Establishment of limitation fund outside Hong Kong
e the events resulting in the liability of any person under
section 6
result in a corresponding liability under the law of a
Liability
ention country other than Hong Kong, sections 11 and 12 shall
apply as
he references to sections 6 and 10 included references
to the
esponding provisions of that law and the references to sums paid
into
t included references to any sums secured under those
provisions in
ect of the liability.
Extinguishment of claims under Part II
ction to enforce a claim in respect of a liability incurred
under
ion 6 shall be brought in any court in Hong Kong unless the action
is
enced not later than 3 years after the claim arose and not later
than
ars after the occurrence or, if there is more than
one such
rrence, the first of such occurrences resulting in the
discharge or
pe by reason of which the liability was incurred.
Compulsory insurance against liability for oil pollution
Subject to section 19, subsection (2) applies to any ship carrying
in
a cargo of more than 2,000 tons of persistent oil as
defined in
lations made under this section.
A ship to which this subsection applies shall not enter or leave--
the waters of Hong Kong; or
if the ship is a Hong Kong ship, a port in any other country
or a
inal installation in the territorial sea of any other country,
unless
e is in force a certificate complying with subsection
(4) and
ifying that there is in force in respect of the ship a
contract of
rance or other security satisfying the requirements of Article
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舟山市定海城区廉租住房管理办法（试行）(废止)
浙江省舟山市人民政府办公室
舟政办发〔2002〕8号
舟山市人民政府办公室关于印发定海城区廉租住房管理办法（试行）的通知
各县（区）人民政府，市政府直属各单位：
《舟山市定海城区廉租住房管理办法（试行）》已经市政府同意，现印发给你们，请结合实际，认真贯彻执行。
二ΟΟ二年一月二十一日
舟山市定海城区廉租住房管理办法（试行）
第一条 为建立和完善多层次的住房供应和保障体系，逐步解决我市最低收入家庭的住房困难，根据《国务院关于进一步深化城镇住房制度改革加快住房建设的通知》（国发〔1998〕23号）和《城镇廉租住房管理办法》（建设部令第70号）精神，结合我市实际情况，制定本办法。
第二条 本办法在定海城区建成区试行。
第三条 本办法所称的廉租住房是指政府在住房领域为实施社会保障职能对符合市区城镇居民最低生活保障标准和特困职工且住房困难的家庭，提供租金补助或以低廉租金配租的普通住房。
第四条 廉租住房的运作由市住房委员会负责实施，由市住房委员会办公室（以下简称房委办）具体承办，市总工会、市民政局配合。廉租房日常经租管理由市房地产管理部门负责。
第五条 廉租住房资金的来源为财政安排的专项资金和住房资金增值中的廉租住房补充资金，以及社会捐赠的资金。廉租住房资金由市房委办专户存储，专项使用，用于发放租金补贴和筹集配租住房房源。
第六条 配租住房的房屋由市房委办负责筹集，筹集的渠道可根据实际情况采用建造廉租房、收购二手房、利用部分直管公房和接受社会捐赠等形式。
第七条 廉租住房分配方式以租金补贴为主，实物配租原则上租给孤、残疾等有特殊困难的家庭。
第八条 申请廉租住房的家庭，必须同时符合下列条件：
1、已领取民政部门发放的《舟山市最低生活保障证》或已领取由总工会发放的《舟山市职工家庭特困证》的家庭；
2、家庭成员是实际居住在定海城区的常住户口，并至少有一人常住户口有五年（含五年）以上；
3、家庭人均住房使用面积8M2以下；
第九条 申请廉租住房的家庭成员之间须有法定的赡养、扶养或抚养关系。领取低保救助的家庭成员按实际领取救济的人员确定。
第十条 廉租房租金标准和房租补贴标准由市房委办会同市物价局每年定期核定公布，2002年房租补贴标准为每月每平方米使用面积10元。
第十一条 廉租住房配租标准为人均使用面积8平方米（包含原居住的住房使用面积），独生子女按一人计算。
实物配租的，超过配租标准以上部分的面积按现行公房租金缴纳房租。若人均使用面积已达到8平方米且总配租使用面积小于24平方米（含）的，按廉租租金标准缴纳房租。租金补贴配租的，按实际人口使用面积8平方米标准发放。
第十二条 廉租住房的配租实行轮候配租制度。
（一）申请
1、申请家庭推荐一名具有完全民事行为能力的申请人，向市房委办领取《舟山市市区廉租住房配租申请表》（以下简称《申请表》），如实填报家庭和住房的基本情况。并提交下列材料：
⑴家庭实际居住人口的身份证、户口本、现有住房产权证（备复印件各一份）或租住单位公房和房管部门公房的面积证明；
⑵市总工会发的《舟山市职工家庭特困证》或民政部门发的《舟山市最低生活保障证》（备复印件各一份）；
⑶家庭其它成员所在单位是否解决住房或进行住房货币分配证明；
⑷家庭成员推荐申请人的书面意见书。
2、《申请表》填写完毕后，特困职工由所在单位、市总工会签署意见并盖章，属于低保人员的申请人，由户籍所在地的街道、区民政局在《申请表》上签署意见并盖章。
（二）受理登记
1、申请人将填写的《申请表》和相关资料交市房委办。市房委办受理申请之日起30个工作日内完成初审。
2、经审核符合条件的申请家庭准予登记，进入轮候配租。经审核不符合条件的申请家庭，市房委办不予登记，并发出书面通知。
3、在轮候期间，申请家庭的基本情况发生变化的，申请人应当及时告知市房委办。市房委办核实后，根据情况变化，进行变更登记或者取消登记。
4、市房委办根据申请家庭提交《申请表》的时间先后顺序确定本次配租户数和名单，并在一定范围内公示。自公示之日起7日内无异议的申请家庭，核发《廉租住房配租资格证》；有异议的申请家庭，重新进行调查核实。
5、实物配租对象凭《廉租住房配租资格证》，与市房委办签订《廉租房租赁协议》。租金补贴对象凭《廉租住房配租资格证》与市房委办签订租金补贴协议。与租住房屋的出租人签订住房租赁合同，并向市房委办登记备案。房租补贴由申请人凭《廉租住房配租资格证》和身份证到市房委办按季领取。
第十三条 实物配租对象无正当理由先后两次拒不接受配租方案的，取消其配租资格，并在一年内不得重新申请。租金补贴对象自取得《廉租住房配租资格证》之日起在六个月内未落实租房的，作自动放弃处理，并在一年内不得重新申请。
第十四条 市房委办每年定期对廉租房配租对象进行审核，对符合配租条件的家庭，继续保留其配租资格；对不符合配租条件的，将收回住房或停止发放廉租房租金补贴。实物配租承租合同每年签订一次。对实物配租的住房立即迁出有困难的，可给予六个月的过渡期，可按公有住房租金标准收取房租；超过六个月仍未迁出的，按市场租金收取房租。
第十五条 配租对象有下列行为之一的，市房委办责令其退出廉租住房，补交市场租金与廉租租金的差价，并撤销其配租资格，三年内不得提出廉租房申请：
1、骗取配租资格的；
2、改变廉租住房使用性质的；
3、将廉租住房转租或变相转租；
4、拖欠廉租租金达六个月以上的；
5、办理租住手续后空关六个月以上的；
6、其它有足够理由认为应撤销资格的；
第十六条 廉租住房的使用权不得上市交易、不得与其它住房调换。
第十七条 对建设和购买的廉租住房，政府在土地、规划、计划、税费等方面给予政策扶持。
第十八条 廉租住房管理单位必须做好廉租租金的收取、房屋养护修理等工作，确保使用人的正常使用。
第十九条 本办法由舟山市住房委员会办公室负责解释。
第二十条 本办法自公布之日起施行。
