1972 Ed.]
Nuclear Installations
[App. III
DC 5
CO
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poses of this Act, whether or not it would otherwise have so applied, and shall have effect in relation to any judgment so certified as if in section 6 of that Ordin- ance subsections (1)(a)(ii), (2) and (3) were omitted.
(5) It shall be sufficient defence to proceedings in Hong Kong against any person for the recovery of a sum alleged to be payable under a judgment given in a country outside Hong Kong for that person to show that-
(a) the sum in question was awarded in respect of injury or damage of a description which is the subject of a relevant international agreement; and
(b) the country in question is not a relevant territory; and
(c) the sum in question was not awarded in pursuance of any of the in- ternational Conventions referred to in the enactments mentioned in section 12(4) of this Act.
(6) Where, in the case of any claim by virtue of section 10 of this Act, the relevant operator is the government of a relevant territory, then, for the purposes of any proceedings brought in a court in Hong Kong to eaforce that claim, that government shall be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this subsec- tion shall authorize the issue of execution against the property of that govern-
ment.
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21. (1) Where, in the case of an occurrence involving nuclear matter in the course of carriage, a claim in respect of damage to the means of transport being used for that carriage is duly established against any person by virtue of section 10 of this Act, then, no payment towards the satisfaction of that claim shall be made out of funds which are required to be available for the purpose by the relevant law or which have been made available by means of a relevant contribution, such as to prevent the satisfaction out of those funds up to an aggregate amount equivalent to £2,100,000 sterling of all claims which have been or may be duly established against the same person in respect of injury or damage caused by that occurrence other than damage to the said means of transport.
(2) Where, in the case of an occurrence involving nuclear matter in the course of carriage, a claim in respect of damage to the means of transport being used for that carriage is duly established against a relevant operator by virtue of section 10 of this Act, but by virtue of section 16(1)(a) thereof that operator is not required to make a payment in satisfaction of the claim, section 12(1)(b) of this Act shall not apply to any liability of that operator with respect to the damage in question apart from this Act.
(3) Where any nuclear matter is to be carried by, or on behalf or with the agreement of, a relevant operator in such circumstances that he may incur liability by virtue of section 10 of this Act and that operator has, pursuant to the relevant law provided the carrier with a document, issued by or on behalf of the person by whom there falls to be provided the funds required by the relevant law to be available to satisfy any claim in respect of the carriage in question and containing the name and address of that operator and particulars of those funds, none of the contents of that document shall be disputed in any court by the person by whom or on whose behalf it was issued.
(4) The requirements of the Motor Vehicles Insurance (Third Party Risks) Ordinance of Hong Kong(a) (which relates to compulsory insurance or security against third-party risks of users of motor vehicles) shall not apply in relation to any injury to any person for which any person is liable by virtue of section 10 of this Act.
Supplementary provisions with respect to cover for compensation in respect of carriage.
(a) Laws of Hong Kong (Rev. Ed. 1964), c. 272.