【法规名称】
【法规编号】 58742 什么是编号？
【正 文】
第2页 CAP 462 CARRIAGE OF GOODS BY SEA ORDINANCE
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[接上页] (2) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (1) shall for the purposes of that subsection be conclusive evidence of the matters stated in the certificate, and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. (3) The Monetary Authority may charge a reasonable fee for any certificate given in pursuance of subsection (2), and every such fee shall be paid into the general revenue. (Enacted 1994) Cap 462 s 8 Repeals and savings (1) The following are repealed- (a) the Carriage of Goods by Sea (Hong Kong) Order 1980 (App. III, p. BS1); (b) the Carriage of Goods by Sea (Hong Kong) (Amendment) Order 1980 (L.N. 285 of 1981); and (c) the Carriage of Goods by Sea (Hong Kong) Order 1982 (App. III, p. AR1).(2) Notwithstanding subsection (1)- (a) the Carriage of Goods by Sea (Parties to Convention) Order 1985 (Cap 462 sub. leg.) shall continue in force, shall be regarded as having been made under section 4(1) and shall be taken to include such adaptations and modifications (if any) as are necessary or expedient to enable this paragraph to have full effect; (b) the specifications made by the Governor under section 1(5) of the Schedule to the Carriage of Goods by Sea (Hong Kong) Order 1980 (App. III, p. BS1) shall continue in force and such specifications shall be taken to include such adaptations and modifications (if any) as are necessary or expedient to enable this paragraph to have full effect.(3) Section 23 of the Interpretation and General Clauses Ordinance (Cap 1) applies to the repeal of the Orders mentioned in subsection (1) as it applies to the repeal (in whole or in part) of an Ordinance. (Enacted 1994) Cap 462 SCHEDULE [section 3] THE RULES (THE HAGUE RULES AS AMENDED BY THE BRUSSELS PROTOCOLS 1968 AND 1979) ARTICLE I In these Rules the following words are employed, with the meanings set out below- (a) "Carrier" (承运人) includes the owner or the charterer who enters into a contract of carriage with a shipper. (b) "Contract of carriage" (运输合约) applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same. (c) "Goods" (货物) includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. (d) "Carriage of goods" (货物运输) covers the period from the time when the goods are loaded on to the time they are discharged from the ship. ARTICLE II Subject to the provisions of Article VI, under every contract of carriage of goods by sea, the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth. ARTICLE III 1. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to- (a) Make the ship seaworthy. (b) Properly man, equip and supply the ship. (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation. 2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. 3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things- (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper. (c) The apparent order and condition of the goods.Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. 4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c). However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith. |
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