### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

17C. Insurance certificates may be issued electronically
(1) This section applies to an insurance certificate that may be issued by an issuing authority under a provision of this Ordinance.
(2) An insurance certificate may be issued by an issuing authority in electronic form.
(3) An insurance certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.
(4) An issuing authority must cause an insurance certificate issued by it in accordance with this section to be kept in the e-cert database.

17D. Insurance certificates may be cancelled electronically
(1) This section applies to an insurance certificate that may be cancelled by an issuing authority under a provision of this Ordinance.
(2) An insurance certificate may be cancelled by an issuing authority in electronic form.
(3) An insurance certificate is considered as cancelled in electronic form only if the cancellation is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If an insurance certificate is cancelled in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation is regarded as having been met and physical delivery of the certificate is no longer required.
(5) An issuing authority must cause a cancellation made by it in accordance with this section to be entered in the e-cert database with respect to the insurance certificate.

17E. Power of Secretary to amend Schedule
(1) The Secretary may, by notice published in the Gazette, amend the Schedule.
(2) A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection.

18. Jurisdiction of Hong Kong courts to enforce claims arising from pollution damage in Hong Kong and in any other Bunker Oil Convention places
(1) For the purposes of Part 2, if as a result of an incident, any pollution damage is caused in Hong Kong, an action may be brought in the Court to enforce a claim arising from the pollution damage.
(2) For the purposes of Part 2, if as a result of an incident, any pollution damage is caused in a Bunker Oil Convention place other than Hong Kong, no action may be brought in any court of Hong Kong to enforce a claim arising from the pollution damage.
(3) Despite subsection (2), a claim arising from the pollution damage may be enforced in the Court if the incident also results in any pollution damage in Hong Kong.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

19. Submission of Bunker Oil Convention States to jurisdiction of Court
(1) For the purposes of any legal proceedings brought in the Court to enforce a claim under Part 2—
(a) a Bunker Oil Convention State is to be treated as having submitted to the jurisdiction of the Court; and
(b) rules of court may provide for the manner in which those proceedings are to be commenced and carried on.
(2) Subsection (1) is not to be construed as authorizing the issue of execution against the property of a state.
(3) In this section, Bunker Oil Convention State (《燃油公約》國) means a state that is a party to the Bunker Oil Convention.

20. Time limit for legal proceedings etc.
No legal proceedings to enforce a claim under Part 2 may be instituted unless the proceedings are commenced—
(a) not later than 3 years after the claim arises; and
(b) not later than 6 years after—
(i) the incident that causes the pollution damage; or
(ii) if the incident consists of a series of occurrences having the same origin, the first of those occurrences.

21. Enforcement of foreign judgments
(1) The Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319), except sections 3, 5(2), 6(2) and (3), 9, 10, 11, 12 and 13, applies to a judgment given on or after the commencement* of Part 2 by a court of a Bunker Oil Convention place, other than a place in the People’s Republic of China, to enforce a claim in respect of a liability incurred under any law corresponding to section 5.
(2) For the purposes of subsection (1), a reference to “a judgment to which the provisions of this Ordinance apply” in sections 4(1), 6(1) and 8 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) includes a judgment to which that subsection applies.
(3) Subsection (1) applies only if—
(a) the judgment is final and conclusive between the parties to it; and
(b) the judgment orders the payment of a sum of money, other than a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.
(4) A judgment is final and conclusive between the parties to it, despite the fact that an appeal is pending against it, or that it may still be subject to appeal, in any court of the place in which the court that gives the judgment is situated.

Editorial Note:
* Commencement date: 22 January 2010.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

22. Limitation on amount of judgment (other than Hong Kong court judgment) enforceable in Hong Kong
(1) If, on or after the commencement* of Part 2—
(a) a court of a place, other than a Bunker Oil Convention place, gives a judgment in respect of any liability in that place for any pollution damage in relation to which the Bunker Oil Convention applies; and
(b) the judgment may be recognized or enforced in Hong Kong under any law of Hong Kong relating to recognition and enforcement of judgments given in a place outside Hong Kong,
then despite the fact that that law may provide otherwise, the judgment may be recognized or enforced by a court of Hong Kong only up to the limit of liability prescribed in Part III of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434).
(2) Subsection (1) applies only if the liability is incurred by—
(a) the shipowner of a ship; or
(b) a person, other than the shipowner of a ship, who is entitled to limit their liability under Part III of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434).

Editorial Note:
* Commencement date: 22 January 2010.

23. Director may grant exemptions
(1) The Director may, in a particular case, exempt in writing any person or ship from the application of any provision of section 13 or 14.
(2) An exemption under this section may be granted subject to any condition that the Director may impose.

24. Notification of decisions of Director etc.
(1) If the Director or an authorized person decides to refuse to issue an insurance certificate under section 16, the Director or the authorized person must, by notice in writing served on the applicant, inform the applicant of the decision and the reasons for the decision.
(2) If the Director or an authorized person decides to cancel an insurance certificate under section 17, the Director or the authorized person must, by notice in writing served on the holder of the certificate, inform the holder of the decision and the reasons for the decision.
(3) If the Director decides to refuse to grant an exemption under section 23, the Director must, by notice in writing served on the person by whom the exemption is sought, inform the person of the decision and the reasons for the decision.

25. Power of Director to authorize certain persons as authorized persons
(1) The Director may authorize any person, other than a public officer, as an authorized person.
(2) An authorized person is not an agent or servant of the Government.
(3) An authorized person may determine the fee to be paid on an application to the person for an insurance certificate to be issued by the person.