### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

15. Compulsory insurance against liability for oil pollution
(1) Subject to section 19, subsection (2) applies to any ship carrying in bulk a cargo of more than 2 000 tons of oil. (Amended 46 of 1997 s. 10)
(2) A ship to which this subsection applies shall not enter or leave—
(a) the waters of Hong Kong; or
(b) if the ship is a Hong Kong ship, a port in any other country or a terminal installation in the territorial sea of any other country,
unless there is in force a certificate complying with subsection (4) and certifying that there is in force in respect of the ship a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention.
(3) (Repealed 46 of 1997 s. 10)(4) A certificate referred to in subsection (2) must be—
(a) if the ship is a Hong Kong ship, issued by the Director under section 16;
(b) if the ship is registered in a Liability Convention country other than Hong Kong, issued by or under the authority of the government of the other Liability Convention country; or
(c) if the ship is registered in a country which is not a Liability Convention country, issued by the Director or by or under the authority of any other Liability Convention country. (Amended 46 of 1997 s. 10)
(5) (Repealed 46 of 1997 s. 10)(6) A certificate required by this section shall at all times be carried in the ship to which it relates and shall, on demand, be produced by the master to the Director or any officer of the Marine Department authorized by him.
(7) If a ship contravenes subsection (2), the master and the owner of the ship each commits an offence and is liable—
(a) on conviction upon indictment, to a fine of $500,000; and
(b) on summary conviction to a fine at level 6. (Amended E.R. 1 of 2022)
(8) If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (6) the master commits an offence and is liable to a fine at level 2. (Amended E.R. 1 of 2022)
(9) The Director may detain any ship which attempts to leave the waters of Hong Kong in contravention of this section.

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

16. Issue of certificate by Director
(1) Subject to subsection (2), the Director shall, if he is satisfied, on an application for a certificate referred to in section 15 in respect of a Hong Kong ship, or a ship registered in a country that is not a Liability Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention, issue such a certificate to the owner. (Amended 46 of 1997 s. 11)
(2) If the Director is of opinion that there is a doubt whether the person providing the insurance or other security will be able to meet his obligations thereunder, or whether the insurance or other security will cover the owner’s liability under section 6 in all circumstances, he may refuse to issue the certificate.
(3) The Chief Executive in Council may by regulations— (Amended 64 of 1999 s. 3)
(a) prescribe the fee to be paid on an application for a certificate under this section; and
(b) provide for the cancellation and delivery up of such a certificate in such circumstances as may be prescribed by the regulations.
(4) A person required by regulations made under subsection (3) to deliver up a certificate who without reasonable excuse fails to do so commits an offence and is liable to a fine at level 2. (Amended E.R. 1 of 2022)
(5) The Director shall retain a copy of any certificate issued by him under this section and shall make the copy available for public inspection. (Amended 46 of 1997 s. 11)

17. Rights of third parties against insurers
(1) Where it is alleged that the owner of a ship has incurred a liability under section 6 as a result of an incident involving the ship occurring while there was in force a contract of insurance or other security to which a certificate referred to in section 15 related, legal proceedings to enforce a claim in respect of the liability may be brought against the person who provided the insurance or other security (in this section referred to as the insurer

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

18. Jurisdiction of Hong Kong courts and registration of foreign judgments
(1) Where—
(a) any oil is discharged or escapes from a ship but does not cause any pollution damage in Hong Kong; or
(b) any relevant threat of contamination arises in Hong Kong but no preventive measures are taken to prevent or minimize such threat,
no action (whether in rem or in personam) shall be brought in any court in Hong Kong to enforce a claim arising from—
(i) pollution damage resulting from such discharge or escape; or
(ii) a relevant threat of contamination,
in the area of a Liability Convention country other than Hong Kong. (Replaced 46 of 1997 s. 13)
(2) Sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) shall apply, whether or not they would so apply apart from this section, to any judgment given by a court in a Liability Convention country to enforce a claim in respect of a liability incurred under any law corresponding to section 6; and in the application of those sections of the Foreign Judgments (Reciprocal Enforcement) Ordinance to such a judgment, the sections shall have effect as if subsections (2) and (3) of section 6 of that Ordinance were omitted.

18A. Limitation on amount of foreign judgment enforceable in Hong Kong
Notwithstanding the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) and any rule of law relating to recognition and enforcement of judgments given in a place outside Hong Kong, any judgment given by a court in a country which is not a Liability Convention country in respect of any liability in that country for oil pollution incurred by— (Amended 23 of 1998 s. 2)
(a) the owner of a ship; or
(b) any person entitled to limit his liability in connection with a ship by virtue of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434),
shall be recognized and enforced by a court in Hong Kong only up to the limit of liability prescribed by section 9.
(Added 46 of 1997 s. 14)

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

19. Warships, etc.
(1) Nothing in the preceding provisions of this Part applies in relation to any warship or any ship for the time being used by the government of any State for a purpose other than a commercial purpose.
(2) In relation to a ship owned by a State and for the time being used for a commercial purpose it shall be a sufficient compliance with section 15(2) if there is in force a certificate issued by the government of that State and certifying that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Liability Convention will be met up to the limit prescribed by Article V of the Liability Convention. (Amended 46 of 1997 s. 15)
(3) A Liability Convention State shall, for the purposes of any proceedings brought in a court in Hong Kong to enforce a claim in respect of a liability incurred under section 6, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorize the issue of execution against the property of any State.