### Merchant Shipping (Collision Damage Liability and Salvage) Ordinance 《商船(碰撞損害法律責任及救助)條例》

4. Damages for loss of life or personal injuries
(1) Where loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several. [cf. 1911 c. 57 s. 2 U.K.]
(2) Nothing in this section shall be construed as depriving a person of any right of defence on which, independently of this section, he might have relied in an action brought against him by any person injured, or any person or persons entitled to sue in respect of the loss of life or personal injuries, or shall affect the right of a person to limit his liability in cases to which this section relates in the manner provided by law. [cf. 1911 c. 57 s. 2 U.K.]

5. Right of contribution
(1) Subject to subsection (2), where loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, and a proportion of the damages is recovered against the owners of one of the vessels that exceeds the proportion in which that vessel is in fault, those owners may recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault. [cf. 1911 c. 57 s. 3(1) U.K.]
(2) No amount may be recovered by way of contribution under subsection (1) that could not have been recovered in the first instance as damages by reason of any statutory or contractual limitation of, or exemption from, liability, or for any other reason. [cf. 1911 c. 57 s. 3(1) U.K.]
(3) In addition to any other remedy provided by law but subject to this Part, a person entitled to a contribution under subsection (1) shall, for the purpose of recovering the contribution, have the same rights and powers as a person entitled to sue for damages in the first instance. [cf. 1911 c. 57 s. 3(2) U.K.]

6. Jurisdiction in cases of loss of life or personal injury
Any enactment which confers on a court Admiralty jurisdiction in respect of damage or loss shall have effect as though references in that enactment to such damage or loss included references to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem or in personam. [cf. 1911 c. 57 s. 5 U.K.]

### Merchant Shipping (Collision Damage Liability and Salvage) Ordinance 《商船(碰撞損害法律責任及救助)條例》

7. Limitation of actions
(1) Subject to subsection (3), no action shall be maintainable to enforce any claim or lien against a vessel or its owners in respect of any damage or loss to another vessel, its cargo or freight, or any property on board the vessel, or damages for loss of life or personal injuries suffered by any person on board the vessel, caused by the fault of the former vessel, whether such vessel is wholly or partly in fault, unless proceedings in the action are commenced within 2 years from the date when the damage, loss or injury was caused. [cf. 1911 c. 57 s. 8 U.K.]
(2) Subject to subsection (3), no action shall be maintainable under this Ordinance to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings in the action are commenced within 1 year from the date of payment. [cf. 1911 c. 57 s. 8 U.K.]
(3) Any court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period within which proceedings in the action must be commenced, to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff’s vessel belongs or in which the plaintiff resides or has his principal place of business, extend any such period to any extent sufficient to give such reasonable opportunity. [cf. 1911 c. 57 s. 8 U.K.]

8. Application
(1) This Part applies in all cases heard and determined in any court having jurisdiction to deal with the case and in whatever waters the damage or loss in question was caused. [cf. 1911 c. 57 s. 9(3) U.K.]
(2) This Part applies to any person responsible for the fault of a vessel, other than the owners, as though the references in this Part to “owners” included such person. [cf. 1911 c. 57 s. 9(4) U.K.]
(3) Where, by virtue of a charter or demise, or for any other reason, the owners of a vessel are not responsible for the navigation and management of the vessel, this Part shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible. [cf. 1911 c. 57 s. 9(4) U.K.]

### Merchant Shipping (Collision Damage Liability and Salvage) Ordinance 《商船(碰撞損害法律責任及救助)條例》

9. Salvage Convention 1989 to have the force of law
(1) The provisions of the International Convention on Salvage 1989 (the Convention

10. Amendment of Part I of Schedule 1
The Director of Marine may, by notice in the Gazette, amend Part I of Schedule 1 in accordance with any revision to the Convention, which may apply to Hong Kong from time to time.

11. Repeals
(1) The Maritime Conventions Act 1911 (1911 c. 57 U.K.) is repealed so far as it is applied to Hong Kong.
(2) Sections 23, 24 and 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to the repeal of an Act mentioned in subsection (1) as they apply to the repeal of an Ordinance.

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

1. Short title
(Amended E.R. 1 of 2023)(1) This Ordinance may be cited as the Freight Containers (Safety) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2023)

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

3. Application
(1) Except as provided in subsection (2) and sections 5(1A), 6(5) and 13(1), this Ordinance applies in relation to any container in Hong Kong, whether it is manufactured in Hong Kong or elsewhere. (Replaced 14 of 2006 s. 4)
(2) This Ordinance does not apply in relation to—
(a) a container designed solely for use in air transport;
(b) a swap body, except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail wagon.