### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

3. Duty of relevant operators
In the case of any nuclear material which is not excepted material and which—
(a) is in the course of carriage on behalf of a relevant operator;
(b) is in the course of carriage to such an operator’s relevant installation with the written agreement of that operator from a place outside the relevant territories; or
(c) having been on such an operator’s relevant installation or in the course of carriage on behalf of such an operator, has not subsequently been on any other relevant installation or in the course of any other relevant carriage or (except in the course of relevant carriage) within the territorial limits of a country, territory or place which is not a relevant territory, (Amended 64 of 1999 s. 3)
it shall be the duty of that operator to secure that no occurrence taking place wholly or partly within Hong Kong causes injury to any person or damage to any property of any person other than that operator, being injury or damage arising out of or resulting from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear material.
[cf. 1965 c. 57 s. 10(1) U.K.]

4. Duty of other persons carrying nuclear material or causing nuclear material to be carried
Where any nuclear material, not being excepted material, is in the course of carriage within Hong Kong on behalf of any person (in this section referred to as the responsible party

### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

5. Right to compensation by virtue of section 3
(1) Where any injury or damage has been caused in breach of a duty imposed by section 3—
(a) subject to sections 6(1), 8, 9(2) and 10(1), compensation in respect of that injury or damage shall be payable wherever the injury or damage was incurred;
(b) subject to subsections (3) and (4) and to section 11(5), no other liability shall be incurred by any person in respect of that injury or damage.
(2) Subject to subsection (3), any injury or damage which, though not caused in breach of a duty imposed by section 3 is not reasonably separable from injury or damage so caused, shall be deemed for the purposes of subsection (1) to have been so caused.
(3) Where any injury or damage is caused partly in breach of a duty imposed by section 3 and partly by an emission of ionising radiations which does not constitute such a breach, subsection (2) shall not affect any liability of any person in respect of that emission apart from this Ordinance, but a claimant shall not be entitled to recover compensation in respect of the same injury or damage both under this Ordinance and otherwise than under this Ordinance.
(4) Subject to section 6(2), nothing in subsection (1)(b) shall affect the operation of—
(a) the Carriage of Goods by Sea Ordinance (Cap. 462); or
(b) the Carriage by Air Ordinance (Cap. 500). (Replaced 13 of 1997 s. 20)
[cf. 1965 c. 57 s. 12 U.K.]

### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

7. Protection for ships and aircraft
Where there is a claim under this Ordinance in respect of any occurrence as described in section 3 or 4 which constitutes a breach of a person’s duty under section 3 or 4—
(a) such claim shall not give rise to any lien or other right in respect of any ship or aircraft; and
(b) neither section 12B(3) and (4) of the High Court Ordinance (Cap. 4) nor the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434) shall apply to the claim. (Amended 25 of 1998 s. 2)
[cf. 1965 c. 57 s. 14(1) U.K.]

8. Time for bringing claims under sections 3 and 4
(1) Subject to subsection (2) but notwithstanding any other Ordinance relating to limits of time for claims, a claim by virtue of section 3 or 4 may be made at any time before, but shall not be entertained if made at any time after, the expiration of 10 years from the date of the occurrence which gave rise to the claim or, where that occurrence was a continuing one, the date of the last event in the course of that occurrence to which the claim relates.
(2) Notwithstanding subsection (1), a claim in respect of injury or damage caused by an occurrence involving nuclear material stolen from, or lost, jettisoned or abandoned by, the person whose breach of a duty imposed by section 3 gave rise to the claim shall not be entertained if the occurrence takes place after the expiration of 20 years beginning with the day when the nuclear material in question was so stolen, lost, jettisoned or abandoned.
[cf. 1965 c. 57 s. 15 U.K.]

### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

9. Satisfaction of claims under section 3
(1) A relevant operator shall not be required by virtue of section 3 to make any payment by way of compensation in respect of an occurrence—
(a) when the occurrence involves nuclear material in the course of carriage and the claim is in respect of damage to the means of transport being used for that carriage, unless the relevant law otherwise provides;
(b) to the extent that the amount required for the satisfaction of the claim is not required to be made available by the relevant law and has not been made available by means of a relevant contribution.
(2) A relevant operator shall not be required by virtue of section 5(1)(a) or 6(1)(b) to make any payment by way of compensation in respect of an occurrence if he would not have been required to make that payment if the occurrence had taken place in his home territory and the claim had been made by virtue of the relevant law.
[cf. 1965 c. 57 s. 16 U.K.]

### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

13. Evidence by certificate
A certificate purporting to be signed by the Chief Executive as to his determination under section 2(3) or of the matters specified in section 10(1) or (4) shall be conclusive evidence of the matters contained therein and shall in any legal proceedings under this Ordinance to which it relates be admissible on its production without further proof.
(Amended 64 of 1999 s. 3)

14. Repeals
(1) The following are repealed—
(a) the Nuclear Installations (Hong Kong) Order 1972 (App. III, p. DC1);
(b) the Nuclear Installations (Hong Kong) Order 1983 (App. III, p. CC1);
(c) the Nuclear Installations (Hong Kong) (Amendment) Order 1986 (L.N. 57 of 1987).
(2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the repeal of the orders mentioned in subsection (1) as they apply in relation to the repeal of an Ordinance.

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

1. Short title
(Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Merchant Shipping (Seafarers) Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)