1972 Ed.]
Nuclear Installations
[App. III
DC 3
CO
;
(D
13. (1) The duty imposed by section 10 or 11 of this Act—
(a) shall not impose any liability on the person subject to that duty with respect to injury or damage caused by an occurrence which constitutes a breach of that duty if the occurrence, or the causing thereby of the injury or damage, is attributable to hostile action in the course of any armed conflict, including any armed conflict within Hong Kong; but
(b) shall, subject to section 16(2) of this Act, impose such a liability where the occurrence, or the causing thereby of the injury or damage, is attributable to a natural disaster, notwithstanding that the disaster is of such an exceptional character that it could not reasonably have been foreseen.
(2) Where, in the case of an occurrence which constitutes a breach of the duty imposed by section 10 of this Act, a person other than the person subject to that duty makes any payment in respect of injury or damage caused by that occurrence and-
(a) the payment is made in pursuance of any of the following five inter- national Conventions, that is to say, the draft Convention (setting out rules relating to bills of lading) of the International Conference on Maritime Law held at Brussels in October 1922, as amended in October 1923, the Convention for the Unification of Certain Rules Relating to International Carriage by Air concluded at Warsaw on 12th October 1929, the Warsaw Convention as amended at The Hague 1955, the Con- vention Supplementary to the Warsaw Convention held at Guadalajara in 1961 for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier and the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956, or
(6) the injury or damage was incurred in a country which is not a relevant territory and the payment is made by virtue of a law of that country and by a person who has his principal place of business in a relevant territory or is acting on behalf of such a person,
•
the person making the payment may make the like claim under this Act for compensation of the like amount, if any, not exceeding the amount of the payment made by him, as would have been available to him, if the injury in question had been suffered by him or, as the case may be, the property suffering the damage in question had been his.
(3) The amount of compensation payable to or in respect of any person under this Act in respect of any injury or damage caused in breach of the duty imposed by section 10 of this Act may be reduced by reason of the fault of that person if, but only if, and to the extent that, the causing of that injury or damage is attributable to any act of that person committed with the intention of causing harm to any person or property or with reckless disregard for the consequences of his act.
14. A claim under this Act in respect of any occurrence such as is men- tioned in section 10 or 11 of this Act which constitutes a breach of a person's duty under section 10 or 11 of this Act shall not give rise to any lien or other right in respect of any ship or aircraft; and section 3(3) and (4) of the Administra- tion of Justice Act 1956(a), as extended to Hong Kong by the Admiralty Jurisdic- tion (Hong Kong) Order in Council 1962(b) (which relates to the bringing of actions in rem against ships or aircraft) and section 503 of the Merchant Ship- ping Act 1894(c) (which relates to the limitation of the liability of shipowners) shall not apply to that claim.
Exclusion, exten-
sion or reduction of compensation in certain cases.
Protection for ships
and aircraft.
(x) 1956 c. 46.
(b) S.1. 1962/1547 (1962 II, p. 1664).
(e) 1894 c. 60.
མཱནཾཐཱན བྷབན ལྡས པ དht4 ་་་་ ་བ་ ...