【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
第2页 CAP 500 CARRIAGE BY AIR ORDINANCE
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[接上页] (4) In deducing any relationship for the purposes of this section- (a) an adopted person is treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto; (b) any relationship by affinity is treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of any person as the child of that person; and (c) an illegitimate child is treated as a legitimate child of his mother and reputed father.(5) Subject to this Part, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is, by virtue of subsection (4), enforceable, but only one action may be brought in respect of the death of any one passenger and every such action by whomsoever brought must be for the benefit of all such persons so entitled as either are domiciled in Hong Kong or, not being domiciled there, express a desire to take the benefit of this action. (6) Subject to this Part, the amount recovered in an action to enforce the liability, after deducting any costs not recoverable from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs. (Enacted 1997) [1961 c. 27 s. 3 U.K. & App. III, p. CG1 Second Annex to Sch. 1] Cap 500 s 6 Limitations on liability (1) The limitations on liability in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced and in particular- (a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and (b) the limitation for each passenger in paragraph (1) of that Article applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Hong Kong together with any proceedings brought against the carrier outside Hong Kong.(2) A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that Article and of any other proceedings which have been, or are likely to be, commenced in Hong Kong or elsewhere to enforce the liability in whole or in part. (3) Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention and which is, or may be, partly enforceable in other proceedings in Hong Kong or elsewhere, has jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings. (4) The Monetary Authority may specify in Hong Kong dollars the respective amounts which for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, are to be taken as equivalent for a particular day to the sums expressed in francs in that Article. (5) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (4) is conclusive evidence of the materials stated in it for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, and a document purporting to be such a certificate is, in any proceedings, to be received in evidence and, unless the contrary is proved, deemed to be such a certificate. (6) The Monetary Authority may charge a reasonable fee for any certificate given under this section, and every such fee shall be paid into the general revenue. (7) References in this section to Article 22 of the amended Convention include, subject to any necessary modifications, references to that Article as applied by Article 25A of the amended Convention. (Enacted 1997) [1961 c. 27 s. 4 U.K.] Cap 500 s 7 Time for bringing proceedings (1) No action against a carrier's servant or agent which arises out of damage to which the amended Convention relates shall, if the servant or agent was acting within the scope of his employment, be brought after more than 2 years reckoned from- (a) the date of arrival at the destination; (b) the date on which the aircraft ought to have arrived; or (c) the date on which the carriage stopped.(2) Article 29 of the amended Convention does not apply to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 29 applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. (3) Subsections (1) and (2) and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration. |
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