TNAG-2513-FCO40-3666-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 53

CONFIDENTIAL

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3.

Compensation

from the Fund will be available to

victims of oil pollution damage who are unable to obtain

the Liability

any ΟΙ

Convention,

adequate compensation

under

except in certain circumstances such as war,

hostilities, or malicious or negligent acts of the person

who suffered damage (Article 4).

4.

any

one

The aggregate amount of compensation payable for

Liability Convention and the

under incident

the

Fund Convention together is limited to 450 million francs.

The

compensation payable by the Fund in cases of pollution

damage caused

by

natural

phenomenon

of

an exceptional,

inevitable and irresistible nature is similarly set not to

exceed

450

million

francs.

provides for victims of oil

compensation

The Fund Convention

thus

pollution to receive higher

than that provided in the Liability Convention

(210

million

francs).

The Assembly of the Fund has the

authority

to

increase the aggregate amount of compensation

payable

from 450 to 900 million francs.

This authority was

exercised on 20 April 1979, when the amount was increased

to 675 million francs (Article 4).

5.

Apart

from compensating victims of oil pollution

damage, the Fund also indemnifies the ship owner for the

amount of liability under thẹ Fund Convention which is in

excess

of the

limits

stipulated

in

the

Liability

Convention,

but only if the

shipowner has complied with

CONFIDENTIAL

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