【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
第13页 CAP 500 CARRIAGE BY AIR ORDINANCE
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[接上页] (b) A certificate given by or on behalf of the Monetary Authority stating- (i) that a particular sum in Hong Kong dollars has been fixed as aforesaid for a particular day; or (ii) that no sum has been so fixed for a particular day and that a particular sum in Hong Kong dollars has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day; or (iii) that a particular sum in Hong Kong dollars is to be taken as the equivalent of one special drawing right for a particular day, shall be conclusive evidence of those matters for the purposes of this Article; 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. [Inserted by App. III, p. CI1] Article 23 (1) Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Schedule. (2) Paragraph (1) of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried. Article 24 (1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Schedule. (2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. Article 25 The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment. Article 25A (1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Schedule relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22. (2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits. (3) The provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 26 (1) Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition. (2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after |
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