25349-1912-Maritime-Conventions-Act-1911 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, APRIL 12, 1912.

Provisions as to Collisions, &c.

191

division of loss.

1.--(1.) Where, by the fault of two or more vessels, damage or loss is caused Rule as to to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault :

Provided that—

(a.) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; and

(b.) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed; and

(c.) nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.

(2.) For the purposes of this Act, the expression "freight" includes passage money and hire, and references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, conse- quent upon that fault, recoverable at law by way of damages.

1

2. Where loss of life or personal injuries are suffered by any person on board Damages a vessel owing to the fault of that vessel and of any other vessel or vessels, the for personal liability of the owners of the vessels shall be joint and several :

Provided that nothing in this section shall be construed as depriving any per- son of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

injuries.

contribution,

3.-(1.) Where loss of life or personal injuries are suffered by any person Right of on board a vessel owing to the fault of that vessel and any other vessel or vessels, and a proportion of the damages is recovered against the owners of one of the vessels which exceeds the proportion in which she was in fault, they may recover by way

of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault :

Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.

(2.) In addition to any other remedy provided by law, the persons entitled to any such contribution as aforesaid shall, for the purpose of recovering the same, have, subject to the provisions of this Act, the same rights and powers as the per- sons entitled to sue for damages in the first instance.

presump-

4.-(1.) Subsection (4) of section four hundred and nineteen of the Mer- Abolition of chant Shipping Act, 1894, (which provides that a ship shall be deemed in fault in statutory a case of collision where any of the collision regulations have been infringed by tions of that ship), is hereby repealed.

(2.) The failure of the master or person in charge of a vessel to comply with the provisions of section four hundred and twenty-two of the Merchant Shipping Act, 1894, (which imposes a duty upon masters and persons in charge of vessels after a collision to stand by and assist the other vessel), shall not raise any pre- sumption of law that the collision was caused by his wrongful act, neglect, or de- fault, and accordingly subsection (2) of that section shall be repealed.

fault. 57 & 58 Vict. c. 60.

5. Any enactment which confers on any court Admiralty jurisdiction in Jurisdiction respect of damage shall have effect as though references to such damage included in cases of references to damages for loss of life or personal injury, and accordingly proceed- or personal ings in respect, of such damages may be brought in rem or in personam.

loss of life

injury.