TNAG-0809-FCO40-1014-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 151

MERCHANT SHIPPING (AMENDMENT) (NO. 2)

Ord. No. 65/78

A211

Duty of person against whom claims are made to give information as to insurance.

Requirements as to produc- tion of policy.

Records of insurance.

as is required by section 107D(1)(b) to be covered by a policy of insurance; or

(b) to impose any conditions with respect to the enforce-

ment of any such liability of the user,

and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user.

(3) For the purposes of subsection (2)—

a

(a) references to a person being carried aboard

pleasure vessel include references to a person board- ing or disembarking from, the vessel; and (b) the reference to any antecedent agreement is to one

made at any time before the liability arose.

1071. (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 107D(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purpose of this Part, or would have been so insured if the authorized insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give particulars with respect to that policy.

(2) If, without reasonable excuse, any person fails to comply with subsection (1), or wilfully makes any false statement in reply to any such demand, he commits an offence and is liable to a fine of $1,000 and to imprisonment for 3 months.

107J. The owner of a pleasure vessel which is being used in the waters of the Colony, or any person so using a pleasure vessel, shall, on being so required by any police officer, the Director or any officer authorized by the Director, produce his policy of insurance, and if he fails to do so he commits an offence and is liable to a fine of $1,000 and to imprisonment for 3 months:

Provided that, if the owner of the pleasure vessel or the person using it within 5 days after the date on which the production of the policy of insurance was so required, produces the policy of insurance or satisfactory evidence that a policy has been effected, in person at such place as may have been specified by him at the time the production of the policy was required, he shall not be convicted under this section of the offence of failing to produce the policy.

107K. (1) Every authorized insurer by whom a policy is issued for the purposes of this Part shall keep a record of the following particulars relative thereto—

(a) the full name and address of the person to whom

the policy is issued;

(b) the description of the type of the pleasure vessel to which the policy relates and, where known, the name and licence number of the vessel;

(c) the date on which the policy comes into force and

the date on which it expires;

(d) the conditions subject to which the persons or classes of persons specified in the policy will be indemnified,