【法规名称】
【法规编号】 58754 什么是编号？
【正 文】
第3页 CAP 434 MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE
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[接上页] (b) where any gold, silver, watches, jewels or precious stones on board the ship are lost or damaged by reason of theft, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or master of the ship in the bill of lading or otherwise in writing.(2) Subject to subsection (3), where the loss or damage arises from anything done or omitted by any person in his capacity as master or member of the crew or (otherwise than in that capacity) in the course of his employment as a servant of the owner of the ship, subsection (1) also excludes the liability of- (a) the master, member of the crew or servant; and (b) in a case where the master or member of the crew is the servant of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose servant he is.(3) This section does not exclude the liability of any person for any loss or damage resulting from any such personal act or omission of his as is mentioned in Article 4 of the Convention. (4) In this section "owner" (船东), in relation to a ship, includes any part owner and any charterer, manager or operator of the ship. (Enacted 1993) Cap 434 s 23 Application of Part (1) Nothing in this Part relieves a person of any liability imposed on him under Part II. (2) Nothing in this Part affects the operation of any enactment in relation to an occurrence which took place before 1 December 1986 and accordingly notwithstanding the repeal effected by section 29(1), the Merchant Shipping (Limitation of Shipowners' Liability) (Hong Kong Dollars Equivalents) Order 1989 (App. I p. BB 1) shall continue in force and shall be deemed for all purposes to have been made by the Governor under this section. (Enacted 1993) Cap 434 s 24 Meaning of "State Party" PART IV MISCELLANEOUS The Governor may by order declare that any State specified in the order is, or was at a date specified in the order, a party to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 or to the Convention on Limitation of Liability for Maritime Claims, 1976 in respect of a particular country, and any such order shall be conclusive evidence that that State is, while the order remains in force, or was at that date, a party to that convention in respect of that country. (Enacted 1993) Cap 434 s 25 Units of Account (1) For the purposes of Articles 7 to 9 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and of Article 6 of the Convention on Limitation of Liability for Maritime Claims, 1976, the Monetary Authority may certify the respective amounts in Hong Kong dollars which are to be taken as equivalent for a particular day to the sums expressed in special drawing rights in those Articles. (2) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (1) shall be conclusive evidence of the matters referred to in that subsection for the purposes of those Articles; 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 fee for any certificate given by him or on his behalf under this section. (Enacted 1993) Cap 434 s 26 Crown This Ordinance binds the Crown. (Enacted 1993) Cap 434 s 27 Application of Interpretation and General Clauses Ordinance Sections 23 to 26 of the Interpretation and General Clauses Ordinance (Cap 1) apply in relation to the repeal of a provision of a United Kingdom enactment effected by this Ordinance as they apply in relation to the repeal of a provision of an Ordinance. (Enacted 1993) Cap 434 s 28 Amendment of Schedules 1 and 2 The Governor in Council may by order published in the Gazette amend Schedules 1 and 2 in accordance with any revision to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 or to the Convention on Limitation of Liability for Maritime Claims, 1976, or to any protocol to those conventions, which may apply to Hong Kong from time to time. (Enacted 1993) Cap 434 s 29 Repeal and savings (1) The Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App. III p. AN 1) is repealed. (2) Notwithstanding the repeal effected by subsection (1)- (a) the Merchant Shipping (Liability of Shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order (App. I p. BJ 1) shall continue in force and is deemed for all purposes to have been made by the Governor under section 17(2); (b) any order made under paragraph 8 of Part II of Schedule 4 to the Merchant Shipping Act 1979 (1979 c. 39 U.K.)# as modified and extended to Hong Kong by the Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App. III p. AN 1) shall continue in force and shall be deemed for all purposes to have been made by the Monetary Authority under section 19(1); |
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