【法规名称】
【法规编号】 58674 什么是编号？
【正 文】
第4页 CAP 482 MERCHANT SHIPPING (LINER CONFERENCES) ORDINANCE
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[接上页] (Amended 25 of 1998 s. 2) Cap 482 s 11 Chief Executive to be appropriate authority Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The appropriate authority for the purposes of the Code is the Chief Executive, or any person authorized by him in writing. (Amended 64 of 1999 s. 3) (2) Information obtained by the Chief Executive or any authorized person as appropriate authority for the purposes of the Code shall not, without the consent of the person from whom it was obtained, be disclosed except- (a) for the purpose of the discharge by the Chief Executive or any authorized person of his functions in connection with the Code; or (Amended 64 of 1999 s. 3) (b) for the purpose of any proceedings arising out of the Code; or (c) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, whether under this Ordinance or otherwise.(3) A person who discloses any information in contravention of subsection (2) commits an offence and is liable on conviction to a fine at level 3. (4) Proceedings for an offence under subsection (3) shall not be brought except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997) (Enacted 1995) Cap 482 s 12 Exclusion of restrictive practice laws (1) No agreement shall so far as it relates to any restriction to which this section applies be unenforceable by virtue of any rule of law about unreasonable restraint of trade. (2) This section applies to restrictions of any of the following descriptions which relate to the trade between States which are Contracting Parties to the Code and are accepted within the framework of a conference, that is to say- (a) restrictions in respect of the provision of international liner services accepted by the operators of such services under an agreement to which 2 or more such operators are parties; (b) restrictions in respect of the international liner services accepted by operators of such services or persons for whom such services are provided under an agreement to which one or more such operators and one or more such persons are parties; (c) restrictions in respect of the supply or acquisition of any service in connection with the operation of international liner services accepted by operators of such services or persons in the business of supplying such a service under an agreement to which one or more such operators and one such supplier are parties.(3) Where a restriction relates only in part to the matters mentioned in subsection (2), this section applies to the restriction so far as it relates to those matters. (Enacted 1995) Cap 482 s 13 Regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may make regulations for- (Amended 64 of 1999 s. 3) (a) clarifying the meaning of the provisions of the Code; (b) supplementing the provisions of the Code; (c) identifying provisions of the Code as mandatory provisions; (d) with respect to any mandatory provision, specifying- (i) the content of the duties expressly or impliedly imposed; and (ii) the persons owing those duties and the persons to whom those duties are owed;(e) providing for excluding or restricting, in proceedings for the enforcement of a duty arising under a mandatory provision, liabilities or remedies of any description specified in the regulations; and (f) giving effect to the Code and generally for the better implementation of the provisions of this Ordinance.(2) Regulations under subsection (1) may make different provisions for different cases and circumstances, such as for different trades or according to the nationality of the parties involved. (Enacted 1995) Cap 482 s 14 Schedules 2 and 3 Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 are deemed to have been made by the Chief Executive in Council under section 13 and may be amended by the Chief Executive in Council by regulations under that section. (2) The Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations set out in Schedule 3 are deemed to have been made by the Chief Executive in Council under section 13 and may be amended by the Chief Executive in Council by regulations under that section. (3) For the avoidance of doubt, it is declared that the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations and the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations in subsections (1) and (2) are subsidiary legislation. (Enacted 1995. Amended 64 of 1999 s. 3) Cap 482 s 15 Revision of the Code Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may by order published in the Gazette amend Schedule 1 in accordance with any revision to the Code which may apply to Hong Kong from time to time. (Amended 64 of 1999 s. 3) |
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