【法规名称】
【法规编号】 58744 什么是编号？
【正 文】
CAP 440 BILLS OF LADING AND ANALOGOUS SHIPPING DOCUMENTS ORDINANCE
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An Ordinance to replace the Bills of Lading Ordinance with new provisions with respect to bills of lading and certain other shipping documents. (Enacted 1993) [1 March 1994] L.N. 105 of 1994 (Originally 85 of 1993) Cap 440 s 1 Short title (1) This Ordinance may be cited as the Bills of Lading and Analogous Shipping Documents Ordinance. (2) (Omitted as spent) (3) Nothing in this Ordinance shall have effect in relation to any document issued before this Ordinance comes into operation. (Enacted 1993) Cap 440 s 2 Interpretation (1) In this Ordinance- "bill of lading" (提单), "Sea waybill" (海运货单) and "ship's delivery order" (船舶交货单) shall be construed in accordance with section 3; "contract of carriage" (运输合约)- (a) in relation to a bill of lading or sea waybill, means the contract contained in or evidenced by that bill or waybill; and (b) in relation to a ship's delivery order, means the contract under or for the purposes of which the undertaking contained in the order is given;"holder" (持有人), in relation to a bill of lading, shall be construed in accordance with subsection (2); "information technology" (资讯科技) includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form; "telecommunications system" (电讯系统) means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of- (Amended 36 of 2000 s. 28) (a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus.(2) References in this Ordinance to the holder of a bill of lading are references to any of the following persons- (a) a person with possession of the bill who, by virtue of being the person identified in the bill, is the consignee of the goods to which the bill relates; (b) a person with possession of the bill as a result of the completion, by delivery of the bill, of any endorsement of the bill or, in the case of a bearer bill, of any other transfer of the bill; (c) a person with possession of the bill as a result of any transaction by virtue of which he would have become a holder falling within paragraph (a) or (b) had not the transaction been effected at a time when possession of the bill no longer gave a right (as against the carrier) to possession of the goods to which the bill relates,and a person shall be regarded for the purposes of this Ordinance as having become the lawful holder of a bill of lading wherever he has become the holder of the bill in good faith. (3) References in this Ordinance to a person's being identified in a document include references to his being identified by a description which allows for the identity of the person in question to be varied, in accordance with the terms of the document, after its issue; and the reference in section 3(3)(b) to a document's identifying a person shall be construed accordingly. (4) Without prejudice to sections 4(2) and 6, nothing in this Ordinance shall preclude its operation in relation to a case where the goods to which a document relates- (a) cease to exist after the issue of the document; or (b) cannot be identified (whether because they are mixed with other goods or for any other reason),and references in this Ordinance to the goods to which a document relates shall be construed accordingly. (Enacted 1993) Cap 440 s 3 Shipping documents etc. to which Ordinance applies (1) This Ordinance applies to the following documents- (a) bills of lading; (b) sea waybills; and (c) ship's delivery orders.(2) References in this Ordinance to a bill of lading do not include references to a document which is incapable of transfer either by endorsement or, as a bearer bill, by delivery without endorsement; but subject to that, do include references to a received for shipment bill of lading. (3) References in this Ordinance to a sea waybill are references to any document which is not a bill of lading but- (a) is such a receipt for goods as contains or evidences a contract for the carriage of goods by sea; and (b) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract.(4) References in this Ordinance to a ship's delivery order are references to a document which is neither a bill of lading nor a sea waybill but which contains an undertaking- (a) that is given under or for the purposes of a contract for the carriage by sea of the goods to which the document relates, or of goods which include those goods; and (b) by the carrier to a person identified in the document that he will deliver the goods to which the document relates to that person. |
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