### Marine Insurance Ordinance 《海上保險條例》

84. Return for failure of consideration
(1) Where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured.
(2) Where the consideration for the payment of the premium is apportionable and there is a total failure of any apportionable part of the consideration, a proportionate part of the premium is, under the like conditions, thereupon returnable to the assured.
(3) In particular—
(a) where the policy is void, or is avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable;
(b) where the subject-matter insured, or part thereof, has never been imperilled, the premium, or, as the case may be, a proportionate part thereof, is returnable:
Provided that where the subject-matter has been insured “lost or not lost” and has arrived in safety at the time when the contract is concluded, the premium is not returnable unless, at such time, the insurer knew of the safe arrival;
(c) where the assured has no insurable interest throughout the currency of the risk, the premium is returnable, provided that this rule does not apply to a policy effected by way of gaming or wagering;
(d) where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable;
(e) where the assured has over-insured under an unvalued policy, a proportionate part of the premium is returnable;
(f) subject to the foregoing provisions, where the assured has over-insured by double insurance, a proportionate part of the several premiums is returnable:
Provided that, if the policies are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no premium is returnable.
[cf. 1906 c. 41 s. 84 U.K.]

### Marine Insurance Ordinance 《海上保險條例》

85. Modification of Ordinance in case of mutual insurance
(1) Where two or more persons mutually agree to insure each other against marine losses there is said to be a mutual insurance.
(2) The provisions of this Ordinance relating to the premium do not apply to mutual insurance, but a guarantee, or such other arrangement as may be agreed upon, may be substituted for the premium.
(3) The provisions of this Ordinance, in so far as they may be modified by the agreement of the parties, may in the case of mutual insurance be modified by the terms of the policies issued by the association, or by the rules and regulations of the association.
(4) Subject to the exceptions mentioned in this section, the provisions of this Ordinance apply to a mutual insurance.
[cf. 1906 c. 41 s. 85 U.K.]

86. Ratification by assured
Where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after he is aware of a loss.
[cf. 1906 c. 41 s. 86 U.K.]

87. Implied obligations varied by agreement or usage
(1) Where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract.
(2) The provisions of this section extend to any right, duty, or liability declared by this Ordinance which may be lawfully modified by agreement.
[cf. 1906 c. 41 s. 87 U.K.]

88. Reasonable time, etc. a question of fact
Where by this Ordinance any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact.
[cf. 1906 c. 41 s. 88 U.K.]

89. Slip as evidence
Where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal proceeding.
[cf. 1906 c. 41 s. 89 U.K.]

### Marine Insurance Ordinance 《海上保險條例》

90. Interpretation of terms
In this Ordinance, unless the context or subject-matter otherwise requires—
action (訴訟) includes suit, counter-claim and set-off;
freight (運費) includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or movables, as well as freight payable by a third party, but does not include passage money;
movables (動產) means any movable tangible property, other than the ship, and includes money, valuable securities, and other documents; (Amended E.R. 1 of 2022)
policy (保單) means a marine policy.
[cf. 1906 c. 41 s. 90 U.K.]

91. Saving
The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to contracts of marine insurance.
[cf. 1906 c. 41 s. 91 U.K.]

### Administration of Justice (Felonies and Misdemeanours) Ordinance 《司法(重刑罪及非重刑罪)條例》

1. Short title
This Ordinance may be cited as the Administration of Justice (Felonies and Misdemeanours) Ordinance.

2. Abolition of distinction between felony and misdemeanour
(1) All distinctions between felony and misdemeanour are abolished.
(2) Subject to this Ordinance, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences (including piracy) shall be the law and practice applicable at the commencement of this Ordinance in relation to misdemeanour.
[cf. 1967 c. 58 s. 1 U.K.]

3. Felony or misdemeanour treated as offence
(1) Subject to any amendment or repeal made by this Ordinance, the following shall have effect in relation to any Ordinance enacted before this Ordinance—
(a) any Ordinance creating an offence by declaring it to be felony or misdemeanour shall be read as declaring it to be an offence, and nothing in this Ordinance shall affect the operation of any reference to an offence in any other Ordinance by reason only of the reference being in terms no longer applicable after the commencement of this Ordinance;
(b) nothing in this Ordinance shall affect the punishment provided for an offence by any other Ordinance.
[cf. 1967 c. 58 s. 12(5) U.K.](2) (Repealed 25 of 1998 s. 2)