MERCHANT SHIPPING (COMPULSORY THIRD PARTY RISKS INSURANCE) REGULATIONS

MERCHANT SHIPPING (COMPULSORY THIRD PARTY RISKS INSURANCE) REGULATIONS

MERCHANT SHIPPING (COMPULSORY THIRD PARTY
INSURANCE) REGULATIONS

(Cap. 281, section 114(1)

[17 May 1990]

L.N. 391 of 1989

1. Citation

These regulations may be cited as the Merchant Shipping (Compulsory

Third Party Risks Insurance) Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires

'certificate of insurance', 'ferry vessel', 'launch', 'owner' and 'pleasure vessel' have the
meanings assigned to them in section 107B;

'insurer' means an authorized insurer as defined in section 107B;

'policy' means a policy of insurance in respect of third party risks arising out of the use of
vessels and complying with Part XIVA of the Ordinance;

,'vessel' means a vessel to which Part XIVA of the Ordinance applies.

3. Liability to he covered

The following amounts are prescribed for the purpose of paragraph (iii) of

the proviso to section 107D(1)(b)
(a)in the case of a policy in respect of a launch or ferry vessel, $3 million; and

(b) in the case of a policy in respect of a pleasure vessel, $600,000.

4. Production of proof of insurance
on application for licence, etc.

(1) Any person

(a)applying for a licence in respect of a vessel to which section 107C(1)
applies;

(b) producing such a licence to the Director for endorsement, or





delivering a notice of transfer to the Director, following transfer of ownership of the vessel to
him, pursuant to regulations made or' deemed to have been made under section 33 of the
Shipping and Port Control Ordinance (Cap. 313) shall upon such application, production or
delivery produce to the Director any necessary policy of insurance or such other
documentary proof as shall be sufficient to indicate that





(i) on the date when such licence takes effect there will be in operation;
or

(ii) where the Director is to endorse an existing current licence following
a transfer of ownership, there is in operation,

such policy of insurance in respect of third party risks as is required under section
107C.

(2) Notwithstanding anything contained in the regulations referred to in
subregulation (1), the Director shall not issue or endorse a licence in respect of a
vessel to which section 107C(1) applies in favour of an applicant who fails to
comply with subregulation(1).

(3) For the purposes of subregulation (1) the Director may accept as sufficient
proof of the operation of a policy of insurance a certificate of insurance issued in
respect of that policy for the purposes of section 107M(1).

5. Form and contents of certificate of insurance

A certificate of insurance shall be in the form set out in the Schedule and shall
specify in relation to the policy of insurance to which it relates

(a) the name of the person to whom the policy is issued;

(b) whether the vessel is a launch, a ferry vessel or a pleasure vessel;

(c) the name of the vessel insured;

(d)the licence number of the vessel insured or, where the licence
number is not known, the description of the vessel;

(e)the dates of commencement and expiry of the period of insurance;

(j) the date of issue of the policy;

(g) the name of the insurer;

(h) the policy number;

(i) the certificate number;

(j) the amount of the liability insured;

(k)the persons or classes of persons specified in the policy as being
entitled to have charge of the vessel;

(1)the circumstances in which the persons or classes of persons so
specified in the policy will be indemnified.

6. Authentication of certificate

A certificate of insurance shall be duly authenticated prior to issue by or on
behalf of the insurer by whom it is issued.

7. Loss or destruction of certificates

Where an insurer by whom a certificate of insurance has been issued is
satisfied that the certificate has become defaced or has been lost or destroyed, he
shall, if requested so to do by the person to whom the certificate was issued, issue
to him a fresh certificate.





SCHEDULE [reg. 5]

CERTIFICATE OF
INSURANCE


(Issued pursuant to section 107M of the Merchant Shipping Ordinance,
Chapter 281 of the Laws of Hong Kong)


Certificate No . ...........Policy No .

Issued on
.......................................


I. Name of Policyholder(s)



2. Type of vessel

Name of vessel
............................................................................................................
...............

Licence number or description of vessel
.....................................................................................

........................................

3............................Period of Insurance from to



4. Amount of liability insured



5. Name of insurer



6. Persons or classes of persons entitled to have charge of the vessel ..............................................



7. The circumstances in which that person (or persons) will be indemnified ...................................

...............................





1 hereby certify the above particulars in respect of a policy of insurance issued by
me.

And 1 further certify that the policy is issued in accordance with the provisions of the
Merchant

Shipping Ordinance (Cap. 281).


............

Authorized Insurer



Date ..............................................

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