TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 35

DC 2

App. III]

Nuclear Installations

[1972 Ed.

Duty of other persons causing nuclear matter to be carried.

Right to compensa- tion by virtue of s. 10.

S. I. 1980/1508. (LN. 31/8.)

(b) is in the course of carriage to such an operator's relevant installation with the agreement of that operator from a place outside the relevant territories; or

(c) having been on such an operator's relevant installation or in the course of carriage on behalf of such an operator, has not subsequently been on any relevant installation or in the course of any relevant carriage or (except in the course of relevant carriage) within the territorial limits of a country which is not a relevant territory,

it shall be the duty of that operator to secure that no occurrence taking place wholly or partly within the territorial limits of Hong Kong causes injury to any person or damage to any property of any person other than that operator, being injury or damage arising out of or resulting from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.

11. Where any nuclear matter, not being excepted matter, is in the course of carriage within the territorial limits of Hong Kong on behalf of any person (hereafter in this section referred to as "the responsible party") and the carriage is not relevant carriage, it shall be the duty of the responsible party to secure that no occurrence involving that nuclear matter causes injury to any person or damage to any property of any person other than the responsible party, being injury or damage incurred within the said territorial limits and arising out of or resulting from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.

12. (1) Where any injury or damage has been caused in breach of a duty imposed by section 10 of this Act-

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(a) subject to sections 13(1), 15, 16(2) and 17(1) of this Act, compensa- tion in respect of that injury or damage shall be payable wherever the injury or damage was incurred;

(b) subject to subsections (3) and (4) of this section and to section 21(2) of this Act, no other liability shall be incurred by any person in respect of that injury or damage.

(2) Subject to subsection (3) of this section, any injury or damage which, though not caused in breach of such a duty as aforesaid, is not reasonably separable from injury or damage so caused shall be deemed for the purposes of subsection (1) of this section to have been so caused.

(3) Where any injury or damage is caused partly in breach of such a duty as aforesaid and partly by an emission of ionising radiations which does not constitute such a breach, subsection (2) of this section shall not affect any liability of any person in respect of that emission apart from this Act, but a claimant shall not be entitled to recover compensation in respect of the same injury or damage both under this Act and otherwise than under this Act.

(4) Subject to section 13(2) of this Act, nothing in subsection (1)(b) of this section shall affect—

f-the-operation-of-the-Carriage-of-Goods-by-Ses-Ordinance-of Hong-

Kongtatter

(b) the operation of the Carriage by Air Act 1961(b) or the Carriage by Air (Supplementary Provisions) Act 1962(c) as extended or applied to Hong Kong by the Carriage by Air (Overseas Territories) Order 1967(d) and the Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967(e).

(a) Laws of Hong Kong (Rev. Ed. 1964), c. 46.

(b) 1961 c. 27.

(c) 1962 c. 43.

(d) S.1. 1967,309 (1967 II, p. 2384).

(e) S.I. 1967,310 (1967 II. p. 2402).

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