DC 4
App. III]
Nuclear Installations
*
[1972 Ed.
Time for bringing. claims under ss. 10 and 11.
Satisfaction of claims by virtue of s. 10.
Jurisdiction, shared liability and foreign judgments.
15. (1) Subject to subsection (2) of this section but notwithstanding any- thing in any other enactment, a claim by virtue of section 10 or 11 of this Act may be made at any time before, but shall not be entertained if made at any time after, the expiration of ten years from the relevant date, that is to say, the date of the occurrence which gave rise to the claim or, where that occurrence was a continuing one, the date of the last event in the course of that occurrence to which the claim relates.
(2) Notwithstanding anything in subsection (I) of this section, a claim in respect of injury or damage caused by an occurrence involving nuclear matter stolen from, or lost, jettisoned or abandoned by, the person whose breach of a duty imposed by section 10 of this Act gave rise to the claim shall not be entertained if the occurrence takes place after the expiration of the period of twenty years beginning with the day when the nuclear matter in question was so stolen, lost, jettisoned or abandoned.
16. (1) A relevant operator shall not be required by virtue of section 10 of this Act to make any payment by way of compensation in respect of an
occurrence-
(a) when the occurrence involves nuclear matter in the course of carriage and the claim is in respect of damage to the means of transport being used for that carriage, unless the relevant law otherwise provides; (b) to the extent that the amount required for the satisfaction of the claim is not required to be available by the relevant law and has not been made available by means of a relevant contribution.
(2) A relevant operator shall not be required by virtue of section 12(1)(a) or section 13(1)(b) of this Act to make any payment by way of compensation in respect of an occurrence if he would not have been required to have made that payment if the occurrence had taken place in his home territory and the claim had been made by virtue of the relevant law.
17. (1) No court in Hong Kong shall have jurisdiction to determine any claim or question under this Act certified by the Governor to be a claim or question which, under any relevant international agreement, falls to be deter- mined by a court or some other relevant territory; and any proceedings to en- force such a claim which are commenced in any court in Hong Kong shall be set aside.
(2) Where under the foregoing subsection the Governor certifies that any claim or question falls to be determined by a court of a relevant territory, that certificate shall be conclusive evidence of the jurisdiction of that court to determine that claim or question.
(3) Where by virtue of section 10 of this Act and any relevant law liability in respect of the same injury or damage is incurred by two or more persons, then, for the purpose of any proceedings in Hong Kong relating to that injury or damage, including proceedings for the enforcement of a judgment registered under the Foreign Judgments (Reciprocal Enforcement) Ordinance of Hong Kong(a) both or all of those persons shall be treated as jointly and severally liable in respect of that injury or damage: provided that where such liability is incurred as a result of an occurrence involving nuclear matter in the course of carriage in one and the same means of transport the maximum total amount for which such persons shall be liable, apart from payments in respect of interests or costs, shall not exceed the highest amount required to be available by the relevant law, together with such amounts, if any, as fall to be made available by means of relevant contributions.
(4) The Foreign Judgments (Reciprocal Enforcement) Ordinance of Hong Kong(a) shall apply to any judgment obtained in a court outside Hong Kong which is certified by the Governor to be a relevant foreign judgment for the pur-
(a) Laws of Hung Kang (Rev. Ed. 1965), c. 319.
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