【法规名称】
【法规编号】 58754 什么是编号？
【正 文】
第4页 CAP 434 MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE
|
[接上页] (c) the Merchant Shipping (Carriers' Liability under Athens Convention) (Hong Kong Dollar Equivalents) Order (App. I p. BI 1) shall continue in force. (Enacted 1993)_________________________________________________________________________________ Note: # Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 434 s 30 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 434 Sched 1 ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 [sections 3 & 28] ARTICLE 1 Definitions In this Convention the following expressions have the meaning hereby assigned to them- 1. (a) "carrier"(承运人) means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier; (b) "performing carrier"(实际承运人) means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage; 2. "contract of carriage"(运输合约) means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be; 3. "ship" (船、船舶) means only a seagoing vessel, excluding an air-cushion vehicle; 4. "passenger" (旅客) means any person carried in a ship- (a) under a contract of carriage; or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention; 5. "luggage" (行李) means any article or vehicle carried by the carrier under a contract of carriage, excluding- (a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; and (b) live animals; 6. "cabin luggage" (自带行李) means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle; 7. "loss of or damage to luggage" (行李灭失或损坏) includes pecuniary loss resulting from the luggage not having been re-delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes; 8. "carriage" (运输、运送) covers the following periods- (a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice versa, if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation; (b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger; (c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent; 9. "international carriage" (国际运输) means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in 2 different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State. ARTICLE 2 Application 1. This Convention shall apply to any international carriage if- (a) the ship is flying the flag of or is registered in a State Party to this Convention; or (b) the contract of carriage has been made in a State Party to this Convention; or (c) the place of departure or destination, according to the contract of carriage, is in a State Party to this Convention. 2. Notwithstanding paragraph 1 of this Article, this Convention shall not apply when the carriage is subject, under any other international convention concerning the carriage of passengers or luggage by another mode of transport, to a civil liability regime under the provisions of such convention, in so far as those provisions have mandatory application to carriage by sea. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！