25349-1912-Maritime-Conventions-Act-1911 — Page 3

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General duty to

render as-

sistance to persons in danger at

sea.

Apportion. ment of salvage

owners, &c.,

amongst

of foreign

ship.

&

Limitation of actions.

Application of Act.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 12, 1912.

Provisions as to Salvage.

6.- (1.) The master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, her crew and passengers (if any), render assistance to every person, even if such person be a subject of a foreign State at war with His Majesty, who is found at sea in danger of being lost and, if he fails to do so, he shall be guilty of a misdemeanour.

(2.) Compliance by the master or person in charge of a vessel with the pro- visions of this section shall not affect his right or the right of any other person to salvage.

7. Where any dispute arises as to the apportionment of any amount of sal- vage among the owners, master, pilot, crew, and other persons in the service of any foreign vessel, the amount shall be apportioned by the court or person making the apportionment in accordance with the law of the country to which the vessel belongs.

General Provisions.

8. No action shall be maintainable to enforce any claim or lien against a vessel or her owners in respect of any damage or loss to another vessel, her cargo or freight, or any property on board her, or damages for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel, whether such vessel be wholly or partly in fault, or in respect of any sal- vage services, unless proceedings therein are commenced within two years from the date when the damage or loss or injury was caused or the salvage services were rendered, and an action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings therein are commenced within one year from the date of payment:

Provided that any court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend any such period, to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff's ship belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity.

9.-(1.) This Act shall extend throughout His Majesty's dominious and to any territories under his protection, and to Cyprus :

Provided that it shall not extend to the Dominion of Canada, the Common- wealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.

(2.) This Act shall not apply in any case in which proceedings have been taken before the passing thereof and all such cases shall be determined as though this Act had not been passed.

(3.) The provisions of this Act shall be applied in all cases heard and deter- mined in any court having jurisdiction to deal with the case and in whatever waters the damage or loss in question was caused or the salvage services in question were 36 & 37 Vict. rendered, and subsection (9) of section twenty-five of the Supreme Court of

Judicature Act, 1873, shall cease to have effect.

c. 66.

Short title

and con- struction.

57

(4.) This Act shall apply to any persons other than the owners responsible for the fault of the vessel as though the expression "owners included such per- sons, and in any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the vessel, this Act shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so res- ponsible.

10. This Act may be cited as the Maritime Conventions Act, 1911, and shall be construed as one with the Merchant Shipping Acts, 1894 to 1907.