MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE ——附加英文版
Hong Kong
MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
(CHAPTER 414)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
ertificate as to parties to Conventions
alculation of tonnage
II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
iability for oil pollution
xceptions from liability under section 6
estriction of liability for oil pollution
imitation of liability under section 6
Limitation actions
Restriction on enforcement of claims after establishment of
limitation
fund
Concurrent liabilities of owners and others
Establishment of limitation fund outside Hong Kong
Extinguishment of claims under Part II
Compulsory insurance against liability for oil pollution
Issue of certificate by Director
Rights of third parties against insurers
Jurisdiction of Hong Kong courts and registration of foreign
judgments
Warships, etc.
Liability for cost of preventive measures where section 6 does
not
apply
Saving for recourse actions
III THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
Interpretation of Part III
Contributions to the Fund
Power to obtain information
Liability of the Fund for pollution damage
Indemnification of ship owner where ship registered in Fund
Convention
country
Effect of judgments
Extinguishment of claims under Part III
Subrogation and rights of recourse
IV MISCELLANEOUS
Offences by bodies corporate
Fees
Amendments, Savings and Repeals
dule 1. Overall limit on liability of Fund
dule 2. (Omitted)
rdinance to provide for compensation for pollution caused
by the
harge or escape of oil from oil-carrying ships and for the
liability
hipowners; for compulsory insurance in respect of such liability;
for
ributions by oil importers and others to the International
Fund for
ensation for Oil Pollution Damage; for the liability of the
Fund in
ain circumstances for such pollution; for the
indemnification of
owners by the Fund; and for incidental or related matters.
January 1991] L. N. 13 of 1991
PART I Preliminary
hort title
Ordinance may be cited as the Merchant Shipping
(Liability and
ensation for Oil Pollution) Ordinance.
nterpretation
In this Ordinance, unless the context otherwise requires--
t" includes expenses;
ntry" includes any territory;
rt" means the High Court or a judge thereof;
age" includes loss;
ector" means the Director of Marine;
d Convention" means the International Convention on the
establishment
n International Fund for Compensation for Oil Pollution Damage
opened
signature in Brussels on 18 December 1971;
g Kong ship" means a ship registered in Hong Kong;
bility Convention" means the International Convention
on Civil
ility for Oil Pollution Damage opened for signature in Brussels
on 29
mber 1969;
er", in relation to a ship, means the person or persons registered
as
owner of the ship or, in the absence of registration, the
person or
ons owning the ship, except that in relation to a ship owned
by a
e which is operated by a person registered as the ship's operator,
it
s the person registered as its operator; (Amended 74 of 1990 s.
104
lution damage" means damage caused outside a ship carrying
oil by
amination resulting from the discharge or escape of oil from the
ship,
ever the discharge or escape may occur, and includes the
cost of
entive measures and damage caused by preventive measures;
ventive measures" means any reasonable measures taken by any
person
r a discharge or escape of oil from a ship to prevent or
reduce
ution damage;
p" means any sea-going vessel or seaborne craft of
any type
soever, carrying oil in bulk as cargo;
cial drawing rights" means units of account used by the
International
tary Fund and known as special drawing rights;
minal installation" means any site for the storage of oil in
bulk
h is capable of receiving oil from waterborne
transportation,
uding any facility situated offshore and linked to any such site.
For the purposes of this Ordinance, where more than one
discharge or
pe results from the same occurrence or from a series of
occurrences
ng the same origin, they shall be treated as one; but any
measures
n after the first of them shall be deemed to have been taken after
the
harge or escape.
References in this Ordinance to the area of any country include
the
itorial sea of that country.
ertificate as to parties to Conventions
rtificate signed by the Governor and certifying that a State
specified
he certificate--
is a party to the Liability Convention in respect of a
country
ified in the certificate; or
is a party to the Fund Convention in respect of a country specified
in
certificate,
l be conclusive evidence of the matters contained therein and
shall in
legal proceedings under this Ordinance to which it
relates be
ssible on its production and without further proof.
alculation of tonnage
the purposes of this Ordinance, the tonnage of a ship
shall be
rtained as follows--
where the register tonnage of the ship has been or can be
ascertained
ccordance with the Merchant Shipping (Tonnage) Regulations
(App. I,
, the ship's tonnage shall be the register tonnage of the ship
as so
rtained but without making any deduction required by those
regulations
ny tonnage allowance for propelling machinery space;
where the ship is of a class or description with respect to which
no
ision is for the time being made by the Merchant Shipping
(Tonnage)
lations, the tonnage of the ship shall be taken to be 40%
of the
ht (expressed in tons of 2 240 lbs) of oil which the ship is
capable
arrying;
where the tonnage of the ship can not be ascertained in
accordance
either paragraph (a) or (b), the Director shall, if so directed
by
court in any proceedings, certify what, on the evidence
specified in
direction, would in his opinion be the tonnage of the
ship as
rtained in accordance with paragraph (a) or (b), as the case may
be,
he ship could be duly measured for the purpose; and the tonnage
stated
is certificate shall be taken to be the tonnage of the ship.
PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
In this Part--
bility Convention country" means a country in respect of
which the
ility Convention is in force; and
bility Convention State" means a State which is a party
to the
ility Convention.
In relation to any pollution damage resulting from the
discharge or
pe of any oil carried in a ship references in this Part to the
owner
he ship are references to the owner at the time of the
occurrence
lting in the discharge or escape or, if there is more than one
such
rrence, at the time of the first of such occurrences.
References in this Part to the Merchant Shipping Act 1979 (1979
c. 39
.) are references to that Act as it applies in Hong Kong.
iability for oil pollution
Where, as a result of any occurrence taking place while a
ship is
ying a cargo of persistent oil in bulk, any persistent oil carried
by
ship (whether as part of the cargo or otherwise) is
discharged or
pes from the ship, the owner of the ship shall be liable, except
as
rwise provided by this Ordinance, for any pollution damage
caused in
Kong.
Where--
a liability arises under subsection (1); and
the discharge or escape by reason of which the liability arose
also
lts in pollution damage in the area of a Liability Convention
country
r than Hong Kong, the owner of the ship concerned shall also be
liable
r subsection (1) for that damage as if the damage had occurred
in Hong
.
Where persistent oil is discharged or escapes from 2 or more
ships
-
a liability is incurred under this section by the owner of
each of
; but
the pollution damage for which each of the owners would, apart
from
subsection, be liable cannot reasonably be separated from that
for
h the other or others would be liable,
of the owners shall be liable, jointly with the other or others,
for
whole of that damage for which the owners together would be
liable
r this section.
Section 21 of the Law Amendment and Reform (Consolidation)
Ordinance
. 23) shall apply in relation to any pollution damage for
which a
on is liable under this section, but which is not due to his fault,
as
t were due to his fault.
xceptions from liability under section 6
owner of a ship from which persistent oil has been discharged or
has
ped shall not incur any liability under section 6 if he proves
that
discharge or escape--
resulted from an act of war, hostilities, civil war,
insurrection or
xceptional, inevitable and irresistible natural phenomenon; or
was due wholly to anything done or left undone by another person,
not
g a servant or agent of the owner, with intent to do damage; or
was due wholly to the negligence or wrongful act of a
government or
r authority in exercising its function of maintaining lights or
other
gational aids for the maintenance of which it was responsible.
estriction of liability for oil pollution
e, as a result of any occurrence taking place while a ship is
carrying
rgo of persistent oil in bulk, any persistent oil carried by the
ship
ther as part of the cargo or otherwise) is discharged or escapes
then,
her or not the owner incurs a liability under section 6,--
he shall not be liable otherwise than under that section for any
such
ution damage as is mentioned therein; and
no servant or agent of the owner and no person performing
salvage
ations with the agreement of the owner shall be liable for any
such
ge.
imitation of liability under section 6
e the owner of a ship incurs a liability under section 6 by reason
of
scharge or escape which occurred without his actual fault or
privity,
ay limit that liability in accordance with this Ordinance, and
if he
so his liability (that is to say, the aggregate of his
liabilities
r section 6 resulting from the discharge or escape) shall not
exceed--
133 special drawing rights for each ton of the ship's tonnage;
or
14,000,000 special drawing rights, whichever amount is the less.
Limitation actions
Where the owner of a ship has or is alleged to have
incurred a
ility under section 6 he may apply to the court in accordance
with
s of court for the limitation of that liability to
an amount
rmined in accordance with section 9.
If on such an application the court finds that the
applicant has
rred such a liability and is entitled to limit it, the court
shall
rmine the limit of the liability and direct payment into court
of the
nt of that limit, and shall then
determine the amounts that would, apart from the limit, be
due in
ect of the liability to the several persons making claims
in the
eedings under this section; and
direct the distribution of the amount paid into court (or, as the
case
be, so much of it as does not exceed the liability) among
those
ons in proportion to their claims subject to the following
provisions
his section.
A payment into court of the amount of a limit determined under
this
ion shall be made in Hong Kong dollars and--
for the purposes of converting such an amount from special
drawing
ts into Hong Kong dollars the Monetary Authority may certify, in
Hong
dollars, the respective amounts which are to be taken as
equivalent
a particular day to the sums expressed in special drawing
rights in
ion 9;
a certificate signed by or on behalf of the Monetary Authority
under
graph (a) shall be conclusive evidence of the matters
contained
ein and shall in legal proceedings under this Ordinance to
which it
tes be admissible on its production and without further proof.
nded 82 of 1992 s. 44)
No claim shall be made in proceedings under this section except
within
time as the court may direct or such further time as the court
may
w.
Where any sum has been paid in or towards satisfaction of any claim
in
ect of the pollution damage to which the liability referred
to in
ection (1) extends--
by the owner or the person referred to in section 17 as "the
insurer";
by a person who has or is alleged to have incurred a
liability,
rwise than under section 6, for that damage and who is
entitled to
t his liability in connection with the ship by virtue of the
Merchant
ping Act 1979 (1979 c. 39 U. K.), the person who paid the sum
shall,
he extent of that sum, be in the same position with respect to
any
ribution made in proceedings under this section as the person to
whom
as paid would, apart from this subsection, have been,
and the
ribution shall be made accordingly.
Where the owner who incurred the liability referred to in
subsection
has voluntarily made any reasonable sacrifice or taken
any other
onable measures to prevent or reduce pollution damage to
which the
ility extends or might have extended he shall be in the same
position
respect to any distribution made in proceedings under this
section as
e had established a claim in respect of the liability for an
amount
l to the cost of the sacrifice or other measures, and the
distribution
l be made accordingly.
The court may, if it thinks fit, postpone the distribution of
such
of the amount to be distributed as it deems appropriate having
regard
ny claims that may later be established before a court outside
Hong
.
Restriction on enforcement of claims after establishment of
limitation
e the court has found that a person who has incurred a liability
under
ion 6 is entitled to limit that liability to any amount and
he has
into court a sum not less than that amount--
the court shall order the release of any ship or other
property
sted in connection with a claim in respect of that liability or
any
rity given to prevent or obtain release from such an arrest; and
no judgment or decree for any such claim shall be enforced, except
so
as it is for costs,
sum paid into court, or such part thereof as corresponds to the
claim,
be actually available to the claimant or would have been available
to
if the proper steps in the proceedings under section 10
had been
n.
Concurrent liabilities of owners and others
e, as a result of any discharge or escape of persistent oil
from a
, he owner of the ship incurs a liability under section 6 and
any
r person incurs a liability, otherwise than under that section,
for
such pollution damage as is mentioned in subsection (1)
of that
ion, then, if--
the owner has been found, in proceedings under section 10,
to be
tled to limit his liability to any amount and has paid into
court a
not less than that amount; and
the other person is entitled to limit his liability in connection
with
ship by virtue of the Merchant Shipping Act 1979 (1979 c. 39 U.
K.),
roceedings shall be taken against the other person in respect of
his
ility, and if any such proceedings were commenced before the
owner
the sum into court, no further steps shall be taken
in the
eedings except in relation to costs.
Establishment of limitation fund outside Hong Kong
e the events resulting in the liability of any person under
section 6
result in a corresponding liability under the law of a
Liability
ention country other than Hong Kong, sections 11 and 12 shall
apply as
he references to sections 6 and 10 included references
to the
esponding provisions of that law and the references to sums paid
into
t included references to any sums secured under those
provisions in
ect of the liability.
Extinguishment of claims under Part II
ction to enforce a claim in respect of a liability incurred
under
ion 6 shall be brought in any court in Hong Kong unless the action
is
enced not later than 3 years after the claim arose and not later
than
ars after the occurrence or, if there is more than
one such
rrence, the first of such occurrences resulting in the
discharge or
pe by reason of which the liability was incurred.
Compulsory insurance against liability for oil pollution
Subject to section 19, subsection (2) applies to any ship carrying
in
a cargo of more than 2,000 tons of persistent oil as
defined in
lations made under this section.
A ship to which this subsection applies shall not enter or leave--
the waters of Hong Kong; or
if the ship is a Hong Kong ship, a port in any other country
or a
inal installation in the territorial sea of any other country,
unless
e is in force a certificate complying with subsection
(4) and
ifying that there is in force in respect of the ship a
contract of
rance or other security satisfying the requirements of Article
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内燃、电力机车贮备保管办法
铁道部
内燃、电力机车贮备保管办法
铁道部
为了加强组织领导,搞好内燃、电力机车的贮备、保管工作,根据部(1971)交辆字1380号文颁发的《铁路机车运用规程》的有关规定,结合实际情况的需要,特制定本办法。
一、贮备机车的分类
根据机车运用工作的统一安排,保证完成铁路运输任务多余的机车加入贮备。贮备机车分为部备、局备和段备。部、局备机车贮备期限不得少于三个月,满一年要轮换。段备机车不得少于二十四小时,不超过十五天。
二、加入及解除贮备的手续
加入部、局备机车须由机务段段级主要领导干部、驻段验收员和司机长共同检查签认合格后,通过机调逐级申请,部备机车由交通部、局备机车由铁路局批准后方可加入。解除的手续与加入时相同。要认真填写“部(局)备机车记录卡”(附表),由技术室负责保存。
段备机车由铁路分局负责掌握和管理。
三、贮备机车管理工作
1.部、局贮备机车应停放在机务段指定的专用停放地点,严加防护。电力机车的停放线应有接触网或辅助电源,并在进口处设隔离开关,开关正常位为断开。
2.要配备专职的机车贮备人员,并有明确分工,负责机车检查、维护、保养和看管工作。保证机车在贮备期间不降低质量、不拆卸配件、不腐蚀生锈、不损坏零件、不丢失工具备品。
四、贮备机车的技术条件
1.机车在加入部备前必须具备下列条件:
(1)符合《铁路技术管理规程》规定的允许出库牵引列车条件。
(2)符合架修修程规定的技术要求和限度。
(3)新造、厂修或架修后,干线机车运行不少于一千公里,不超过一万五千公里;调车机车运用不少于十天,不超过四十五天。
(4)冬季防寒装备完备。
2.机车在加入局备前必须具备下列条件:
(1)符合《铁路技术管理规程》规定的允许出库牵引列车条件。
(2)符合段修规程允许使用的技术要求和限度。
(3)新造、厂修或架修后,干线机车运行不少于一千公里,不超过六万公里;调车机车运用不少于十天,不超过六个月。
(4)冬季防寒装备完备。
五、贮备机车的整备
1.内燃机车在加入部、局备前必须完成下列工作:
(1)加入贮备的机车必须由正常牵引运用的机车转入。如系由修理后转入,需经过牵引试运,并消除试运中发现的不良处所。
(2)当机车冷却水温度降低到30~40℃时,开放冷却系统各塞门、堵及止伐,排净柴油及冷却系统各管路、冷却器、加热炉、热交换器、司机室散热器和水泵等内的水。
(3)从燃料箱和燃料管中排出柴油。
(4)检查柴油机润滑油、液力传动油的油位及油的质量,如符合标准时,可以存放,不必排出。严寒地区机车有关上述油脂的处理办法,由铁路局自行规定。
(5)打开空气系统各排水伐,用压缩空气吹扫空气主管、风缸、油水分离器和空气压缩机冷却器,排出积水和油垢。
(6)用压缩空气吹扫所有电机、电器、车体及走行部。
(7)对电器部分所有换向器、接触器等的接触点上涂抹工业凡士林。
(8)检查车轴轴箱、牵引电动机抱轴承、齿轮箱或车轴齿轮箱、中间齿轮箱的油位,不符合标准时加油。
(9)测量主、辅电路的绝缘电阻,应符合规定。
(10)放出砂箱内的存砂,并清扫干净。
(11)蓄电池调整好比重,连接板涂以工业凡士林,清扫外壳后,装回原处或吊下集中存放。
(12)烟囱、冷却风扇上部、车体通风机、空气过滤器外部、牵引电动机通风口均应加盖。
(13)检查灭火器,清点工具、备品,应齐全;损坏、丢失的应修好、补齐。
(14)卸下检修机车制动各伐,清扫给油后装回原处;自动制动伐把手用铁片固定于保压位置。
(15)关闭门、窗及百叶窗,锁上车门。
2.电力机车在加入部、局备前必须完成下列工作:
(1)彻底清扫、检查各电机、电器,去除灰尘及油污。
(2)走行部暴露的金属转动磨擦部分,经清扫后涂以润滑油或润滑脂。
(3)蓄电池按规定调整电解液比重,清扫外壳后,在机车上存放。
(4)打开空气系统各排水伐,用压缩空气吹扫空气主管、风缸、油水分离器,排除积水和油污。
(5)主变压器、油浸调压开关及油浸励磁变压器应保持规定的油位,防潮剂应合格。
(6)引燃管的冷却液应适应贮备期间的最低气温,并保持中等液面高度。
(7)放出砂箱内的存砂,并清扫干净。
(8)检查灭火器,清点工具、备品,应齐全;损坏、丢失的应修好、补齐。
(9)卸下检修机车制动各伐,清扫给油后装回原处;自动制动伐把手用铁片固定于保压位置。
(10)关闭门、窗,锁上车门。
3.上述整备工作,自接到调度命令时起,在十天内完成,并由机车验收员、司机长、贮备人员进行检查,合乎要求后,逐级报告机车调度。
六、贮备机车保管期间的保养和技术检查
1.内燃机车应做到:
(1)每周转动曲轴一次,每次要在两转以上或进行甩车。每半月用启动润滑油泵或其他方法向各处充油,并打开各检查孔盖,检查各零、部件有无锈蚀。
(2)每月移动一次机车停放位置,变换车轮踏面停在钢轨上的位置。
(3)液力传动的机车利用其他机车牵引,在停留线上每月移动一次,要使各传动齿轮箱的齿轮、轴承获得润滑油。液力变扭箱,每两个月利用油泵从外部向油管路强迫充油一次。
(4)雨季中,应检查机车有无漏雨情况。雨季后,应打开轴箱盖,检查润滑油中有无雨水进入,以防锈蚀。
(5)每半月检查蓄电池电解液一次,按规定进行充电,充电间隔时间最多不超过两个月。每年进行一次容量检查,容量不得低于百分之八十。
(6)雨季中天睛时,应打开车门和各窗户以及牵引电动机检查孔盖,使内部通风干燥。
2.电力机车应做到:
(1)天气晴朗时,机车升弓开动全部通风机,使牵引电动机短路加热,每月一次,每次不少于一小时。
(2)每月移动一次机车停放位置,变换车轮踏面停在钢轨上的位置。
(3)每月检查蓄电池一次,按规定进行充电。
(4)雨季中,应检查机车有无漏雨情况。雨季后,应打开轴箱盖,检查有无锈蚀。
(5)检查防潮剂。
(6)雨季中天晴时,应打开车门和窗户,使车体内部通风干燥。
3.局机车车辆处长和验收主任每季,机务段段级主要领导干部和验收员每月,应分别会同机车贮备人员抽查贮备、保管机车状态,并根据检查结果,采取措施。
4.严禁拆卸或转用贮备和保管机车的原有配件。
七、贮备机车的解除
1.内燃机车在解除贮备前应做到:
(1)解除机车在贮备时所作的防护工作。
(2)测量主、辅电路绝缘电阻,不符合轮修标准时,检查处理。
(3)检查蓄电池电解液,根据前一次充电后的间隔时间,需要时进行充电。
(4)贮备机车周围空气温度低于5℃及0℃时,应移入库内分别存放一昼夜及两昼夜以上,再注入加热过的冷却水和润滑油。先加入40~60℃的水,后再加入70℃或更高温度的水。
(5)检查机车各部技术状态,整备机车,达到《铁路技术管理规程》规定的允许出库牵引列车条件。
2.电力机车在解除贮备前应做到:
(1)解除机车在贮备时所做的防护工作。
(2)测量各回路的绝缘电阻,不符合定修标准时,检查处理。
(3)检查蓄电池电解液,根据前一次充电后的间隔时间,需要时进行充电。
(4)检查机车各部技术状态,整备机车,达到《铁路技术管理规程》规定的允许出库牵引列车条件。
3.解除部、局备机车,自接到命令之时起,除必要时在库内存放时间以外,于三十六小时内,完成上述各项工作,达到规定的要求。
八、其他
1.已超过厂或架修走行公里,状况不良不能继续运用的机车,以及由于破损,需要较长时期停用待修的机车,均应按本办法进行保管。
2.前项机车的保管,由机务段报铁路局批准。解除的手续同。
(附表略)
1973年7月3日