XN000022-1976-02-12 — Page 2

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THURSDAY, FEBRUARY 12, 1976

ADDITIONAL OIL POLLUTION LEGISLATION FOR HONG KONG

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HONG KONG NOW HAS ADDITIONAL LEGISLATION AGAINST OIL POLLUTION.

THE MERCHANT SHIPPING (OIL POLLUTION) (HONG KONG) ORDER 1975 WAS LAID BEFORE PARLIAMENT ON JANUARY 14, 1976, AND CAME INTO OPERATION ON FEBRUARY 3, 1976.

THE ORDER EXTENDS TO HONG KONG THE PROVISIONS OF THE MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 AND PART I SECTIONS 22, 23 AND 24 AND SCHEDULE 1 TO THE MERCHANT SHIPPING ACT 1974.

THIS LEGISLATION NOW GIVES EFFECT IN HONG KONG TO THE TWO INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANISATIONS (IMCO) CONVENTIONS THE CIVIL LIABILITY CONVENTION AND THE FUND CONVENTION.

THE CIVIL LIABILITY CONVENTION SUBSTANTIALLY IMPROVES THE POSITION OF STATES SEEKING TO OBTAIN COMPENSATION FOR OIL POLLUTION DAMAGE.

IN PARTICULAR, IT REMOVES DOUBTS ABOUT THE ADMISSIBILITY FOR COMPENSATION OF GOVERNMENT EXPENDITURE FOLLOWING OIL POLLUTION DAMAGE. IT SETS SHIPOWERS' LIABILITY IN RESPECT OF A SINGLE INCIDENT AT 2,000 FRANCS FOR EACH TON OF A SHIP'S TONNAGE UP TO A MAXIMUM OF 210 MILLION FRANCS (OR ABOUT 5.8 MILLION POUNDS STERLING AT THE OLD FIIND PARITY), AND IT PROVIDES FOR COMPULSORY INSURANCE BY SHIPOWNERS AGAINST OIL POLLUTION DAMAGE.

HOWEVER, THE CONVENTION DOES NOT AFFORD FULL PROTECTION IN ALL CIRCUMSTANCES. FOR EXAMPLE, NO LIABILITY FOR POLLUTION DAMAGE CAN BE ATTACHED TO A SKIPOWNER IF HE PROVES THAT THE DAMAGE WAS WHOLLY CAUSED BY THE INTENTIONAL ACT OF A THIRD PARTY OR NEGLIGENCE BY THE AUTHORITY RESPONSIBLE FOR MAINTAINING NAVIGATIONAL AIDS.

THE OWNER OF A SHIP REGISTERED IN A MEMBER STATE AND CARRYING MORE THAN 2,000 TONS OF OIL IN BULK AS CARGO, IS REQUIRED TO MAINTAIN INSURANCE OR OTHER FINANCIAL SECURITY (SUCH AS A BANK GUARANTEE) UP TO THE LIMIT OF THIS LIABILITY UNDER THE CONVENTION. A CERTIFICATE CONFIRMING THAT INSURANCE OR OTHER FINANCIAL SECURITY IS IN EFFECT MUST BE ISSUED TO EACH SHIP, IN HONG KONG, SUCH CERTIFICATES WILL BE ISSUED BY THE DIRECTOR OF MARINE.

BECAUSE THE CIVIL LIABILITY CONVENTION DOES NOT AFFORD FULL PROTECTION TO VICTIMS O CIRCUMSTANCES, IT WAS RECOGNE SCHEME WAS NEEDED.

POLLUTION DAMAGE IN ALL HAT SOME FORM OF SUPPLEMENTARY

THIS RESULTED