【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
CAP 500 CARRIAGE BY AIR ORDINANCE
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An Ordinance to give effect to certain Conventions concerning international carriage by air; to make provisions relating to non-international carriage by air and international carriage by air to which the Conventions do not apply; and for related purposes. (Enacted 1997) [5 February 1997] (Originally 13 of 1997) Cap 500 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Carriage by Air Ordinance. (Enacted 1997) Cap 500 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "the Additional Protocol" (《附加议定书》) means the Additional Protocol to the Warsaw Convention the provisions of which are set out at the end of Schedule 1; "the amended Convention" (《经修订公约》) means the Warsaw Convention as amended by the Hague Protocol of 28 September 1955 the provisions of which are set out in Schedule 1; "the Guadalajara Convention" (《瓜达拉哈拉公约》) means the Convention supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier signed at Guadalajara on 18 September 1961, the provisions of which are set out in Schedule 2; "the Hague Protocol" (《海牙议定书》) means the Protocol to amend the Warsaw Convention signed at The Hague on 28 September 1955; "High Contracting Party" (缔约方)- (a) for the purposes of Part II and Schedules 1 and 2, means a country or territory certified under section 4; (b) for the purposes of Part III and Schedules 3 and 4, means a country or territory certified under section 14;"Monetary Authority" (金融管理专员) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); "special drawing rights" (特别提款权单位) means units of account used by the International Monetary Fund and known as special drawing rights; "the Warsaw Convention" (《华沙公约》) means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, including the Additional Protocol, which was established in a single original in the French language, except that in the Guadalajara Convention, "the Warsaw Convention" (华沙公约) means the unamended Warsaw Convention or the amended Convention depending upon which Convention governs the carriage in question. [App. III, p. CG1 art. 2(1) & 1962 c. 43 s. 2(1)(b) U.K.](2) In this Ordinance except as provided in section 10(2), "court" (法院) includes, in an arbitration allowed by the amended Convention, an arbitrator. [1961 c. 27 s. 14(2) U.K. & 1962 c. 43 s. 2(2) U.K.] Cap 500 s 3 Amended Convention to have the force of law PART II INTERNATIONAL CARRIAGE TO WHICH THE AMENDED CONVENTION APPLIES The provisions of the amended Convention as set out in Schedule 1, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons, and subject to this Ordinance, have the force of law in relation to any carriage by air to which the amended Convention applies, irrespective of the nationality of the aircraft performing that carriage. (Enacted 1997) [1961 c. 27 s. 1(1) U.K.] Cap 500 s 4 Designation of High Contracting Parties (1) The Governor may by order in the Gazette certify- (a) who are the High Contracting Parties to the amended Convention; (b) in respect of what territories they are respectively parties; and (c) to what extent they have availed themselves of the provisions of the Additional Protocol.(2) Paragraph (2) of Article 40A of the amended Convention does not extend the references in that Convention to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party. (3) An order under this section is subsidiary legislation and is, except so far as it has been superseded by a subsequent order, conclusive evidence of the matters certified in the order. (Enacted 1997) [1961 c. 27 s. 2 U.K.] Cap 500 s 5 Fatal accidents (1) Any liability imposed by Article 17 of the amended Convention on a carrier in respect of the death of a passenger (in this section referred to as "the liability") is in substitution for any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the following provisions of this section have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced. (2) The liability is enforceable for the benefit of any member of the passenger's family who sustained damage by reason of the passenger's death. (3) For the purposes of this section the following are taken to be the members of the passenger's family, that is to say, the passenger's spouse, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger. |
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