【法规名称】
【法规编号】 58674 什么是编号？
【正 文】
第5页 CAP 482 MERCHANT SHIPPING (LINER CONFERENCES) ORDINANCE
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[接上页] (2) In this section, "revision" (修改) means an omission from, addition to or alteration of the Code, and includes the replacement or amendment of the Code to any extent by another agreement and any revision of any such agreement. (Enacted 1995) Cap 482 s 16 Power to certify Contracting Parties Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 The Chief Executive may by order certify which States are Contracting Parties to the Code, and in respect of what countries they are parties, and any such order shall be conclusive evidence of the matters therein certified. (Enacted 1995. Amended 64 of 1999 s. 3) Cap 482 s 17 Repeal (1) The Merchant Shipping (Liner Conferences) (Hong Kong) Order 1985 (App. III, p. CL1) is repealed. (2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the repeal of the enactment mentioned in subsection (1) as they apply to the repeal of an Ordinance. (Enacted 1995) Cap 482 Sched 1 CONVENTION ON A CODE OF CONDUCT FOR LINER CONFERENCES [sections. 2(1) & 15] OBJECTIVES AND PRINCIPLES The Contracting Parties to the present Convention, DESIRING to improve the liner conference system, RECOGNIZING the need for a universally acceptable code of conduct for liner conferences, TAKING into account the special needs and problems of the developing countries with respect to the activities of liner conferences serving their foreign trade, AGREEING to reflect in the Code the following fundamental objectives and basic principles- (a) the objective to facilitate the orderly expansion of world sea-borne trade; (b) the objective to stimulate the development of regular and efficient liner services adequate to the requirements of the trade concerned; (c) the objective to ensure a balance of interests between suppliers and users of liner shipping services; (d) the principle that conference practices should not involve any discrimination against the shipowners, shippers or the foreign trade of any country; (e) the principle that conferences hold meaningful consultations with shippers' organizations, shippers' representatives and shippers on matters of common interest, with, upon request, the participation of appropriate authorities; (f) the principle that conferences should make available to interested parties pertinent information about their activities which are relevant to those parties and should publish meaningful information on their activities, HAVE AGREED as follows- PART ONE CHAPTER I: DEFINITIONS Liner conference or conference A group of two or more vessel-operating carriers which provides international liner services for the carriage of cargo on a particular route or routes within specified geographical limits and which has an agreement or arrangement, whatever its nature, within the framework of which they operate under uniform or common freight rates and any other agreed conditions with respect to the provision of liner services. National shipping line A national shipping line of any given country is a vessel-operating carrier which has its head office of management and its effective control in that country and is recognized as such by an appropriate authority of that country or under the law of that country. Lines belonging to and operated by a joint venture involving two or more countries and in whose equity the national interests, public and/or private, of those countries have a substantial share and whose head office of management and whose effective control is in one of those countries can be recognized as a national line by the appropriate authorities of those countries. Third-country shipping line A vessel-operating carrier in its operations between two countries of which it is not a national shipping line. Shipper A person or entity who has entered into, or who demonstrates an intention to enter into, a contractual or other arrangement with a conference or shipping line for the shipment of goods in which he has a beneficial interest. Shippers' organization An association or equivalent body which promotes, represents and protects the interests of shippers and, if those authorities so desire, is recognized in that capacity by the appropriate authority or authorities of the country whose shippers it represents. Goods carried by the conference Cargo transported by shipping lines members of a conference in accordance with the conference agreement. Appropriate authority Either a government or a body designated by a government or by national legislation to perform any of the functions ascribed to such authority by the provisions of this Code. Promotional freight rate A rate instituted for promoting the carriage of non-traditional exports of the country concerned. Special freight rate A preferential freight rate, other than a promotional freight rate, which may be negotiated between the parties concerned. CHAPTER II: RELATIONS AMONG MEMBER LINES Article 1 Membership (1) Any national shipping line shall have the right to be a full member of a conference which serves the foreign trade of its country, subject to the criteria set out in Article 1(2). Shipping lines which are not national lines in any trade of a conference shall have the right to become full members of that conference, subject to the criteria set out in Article 1(2) and (3) and to the provisions regarding the share of trade as set out in Article 2 as regards third-country shipping lines. |
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