### 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》

7. Exceptions from liability under section 6
The owner of a ship is not liable for loss or damage resulting from an incident if he proves that the incident— (Amended 46 of 1997 s. 5)
(a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or
(b) was due wholly to anything done or left undone by another person, not being a servant or agent of the owner, with intent to do damage; or
(c) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.

8. Restriction of liability for oil pollution and threat of contamination
(1) Where an incident takes place, whether or not the owner of the ship incurs a liability under section 6—
(a) the owner shall not be liable otherwise than under that section for any such pollution damage or cost as is mentioned therein; and
(b) no other person to whom this subsection applies shall be liable for any such damage or cost, unless it resulted from anything done or omitted to be done by him either with intent to cause such damage or cost or recklessly and with knowledge that such damage or cost would probably result.
(2) Subsection (1) applies to—
(a) any servant or agent of the owner of the ship;
(b) any person not falling within paragraph (a) but employed or engaged in any capacity on board the ship or to perform any services for the ship;
(c) any charterer (howsoever described, including bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the owner or on the instructions of a public authority who is vested with such powers;
(e) any person taking preventive measures; and
(f) any servant or agent of a person mentioned in paragraph (c), (d) or (e).
(Replaced 46 of 1997 s. 6)

### 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》

9. Limitation of liability under section 6
(1) Where, as a result of any incident, the owner of a ship incurs a liability under section 6, he may limit that liability in accordance with the provisions of this Ordinance and, if he does so, his liability shall not exceed the relevant amount.
(2) In subsection (1) the relevant amount (有關數額) means—
(a) for a ship not exceeding 5 000 tons, 4,510,000 special drawing rights;
(b) for a ship exceeding 5 000 tons, 4,510,000 special drawing rights together with an additional 631 special drawing rights for each ton of its tonnage in excess of 5 000 tons, but not exceeding an aggregate amount of 89,770,000 special drawing rights. (Amended 19 of 2003 s. 3)

(3) Subsection (1) shall not apply where it is proved that the incident resulted from anything done or omitted to be done by the owner either with the intent to cause such damage or cost or recklessly and with knowledge that such damage or cost would probably result.
(Replaced 46 of 1997 s. 7)

### 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》

11. Restriction on enforcement of claims after establishment of limitation fund
Where the court has found that a person who has incurred a liability under section 6 is entitled to limit that liability to any amount and he has paid into court a sum not less than that amount—
(a) the court shall order the release of any ship or other property arrested in connection with a claim in respect of that liability or any security given to prevent or obtain release from such an arrest; and
(b) no judgment or decree for any such claim shall be enforced, except so far as it is for costs,
if the sum paid into court, or such part thereof as corresponds to the claim, will be actually available to the claimant or would have been available to him if the proper steps in the proceedings under section 10 had been taken.

12. Concurrent liabilities of owners and others
Where, as a result of any incident, the owner of a ship incurs a liability under section 6 and any other person incurs a liability, otherwise than under that section, in respect of damages or costs mentioned in section 6(1) or (1A), then, if— (Amended 46 of 1997 s. 8)
(a) the owner has been found, in proceedings under section 10, to be entitled to limit his liability to any amount and has paid into court a sum not less than that amount; and
(b) the other person is entitled to limit his liability in connection with the ship by virtue of the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434), (Amended 55 of 1993 s. 30)
no proceedings shall be taken against the other person in respect of his liability, and if any such proceedings were commenced before the owner paid the sum into court, no further steps shall be taken in the proceedings except in relation to costs.

13. Establishment of limitation fund outside Hong Kong
Where the events resulting in the liability of any person under section 6 also result in a corresponding liability under the law of a Liability Convention country other than Hong Kong, sections 11 and 12 shall apply as if the references to sections 6 and 10 included references to the corresponding provisions of that law and the references to sums paid into court included references to any sums secured under those provisions in respect of the liability.

### 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》

14. Extinguishment of claims under Part II
No action to enforce a claim in respect of a liability incurred under section 6 shall be brought in any court in Hong Kong unless the action is commenced not later than 3 years after the claim arose and not later than 6 years after the occurrence or, if there is more than one such occurrence, the first of such occurrences resulting in the discharge or escape, or (as the case may be) the relevant threat of contamination, by reason of which the liability was incurred.
(Amended 46 of 1997 s. 9)