【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
第3页 CAP 500 CARRIAGE BY AIR ORDINANCE
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[接上页] (Enacted 1997) [1961 c. 27 s. 5 U.K.] Cap 500 s 8 Power to exclude aircraft in use for military purposes (1) Where the Secretary of State issues an instruction to the Governor to direct that this section shall apply, or shall cease to apply, to any State or territory specified in the instruction, the Governor shall, by notice in the Gazette, comply with that instruction. (2) The amended Convention does not apply to the carriage of persons, cargo and baggage for the military authorities of a State or territory to which this section applies by virtue of a notice under subsection (1) in aircraft registered in that State or territory if the whole capacity of the aircraft has been reserved by or on behalf of those authorities. (Enacted 1997) [1961 c. 27 s. 7 U.K.] Cap 500 s 9 Actions against High Contracting Parties Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) Every High Contracting Party to the amended Convention which has not availed itself of the Additional Protocol is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 28 of the amended Convention to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court. (2) Rules of court may provide for the manner in which an action referred to in subsection (1) is to be commenced and carried on and section 54 of the High Court Ordinance (Cap 4) is deemed to be amended accordingly. (Amended 25 of 1998 s. 2) (3) Nothing in this section authorizes the issue of execution against the property of a High Contracting Party. (Enacted 1997) [1961 c. 27 s. 8 U.K.] Cap 500 s 10 Guadalajara Convention to have the force of law (1) The provisions of the Guadalajara Convention as set out in Schedule 2, 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 section 11, have the force of law in relation to any carriage by air to which the Guadalajara Convention applies, irrespective of the nationality of the aircraft performing that carriage. [1962 c. 43 s. 1(1) U.K.] (2) In Articles VII and VIII of the Guadalajara Convention, "court" (法院) includes (in an arbitration allowed by the amended Convention or by Article IX 3 of the Guadalajara Convention) an arbitrator. Cap 500 s 11 Application of provisions of sections 6, 7 and 9 (1) In section 6(1)(a), (2) and (3), references to Article 22 of the amended Convention include, subject to any necessary modifications, references to Article VI of the Guadalajara Convention. (2) In section 7 (which limits the time for bringing proceedings against a carrier's servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in paragraph (c) of Article I of the Guadalajara Convention as well as to a contracting carrier as defined in paragraph (b) of that Article. (3) In section 9 (which relates to actions against High Contracting Parties brought in Hong Kong in accordance with Article 28 of the amended Convention) the reference to Article 28 includes a reference to Article VIII of the Guadalajara Convention. (Enacted 1997) [1962 c. 43 s. 3 U.K.] Cap 500 s 12 Application PART III INTERNATIONAL AND NON-INTERNATIONAL CARRIAGE TO WHICH THE AMENDED CONVENTION DOES NOT APPLY (1) This Part applies to all carriage by air, not being carriage to which the amended Convention applies. [App. III, p. CH1 art. 3] (2) The Governor may by notice in the Gazette direct that, in relation to Hong Kong, any carriage or class of carriage, or any person or class of person is exempted from any of the requirements of this Part, and any such direction may be expressed to be, and if so expressed takes effect, subject to any conditions or limitations which in the circumstances of the case appear to the Governor to be required. (Enacted 1997) [App. III, p. CH1 art. 6] Cap 500 s 13 Non-international carriage, and carriage of mail and postal packages Schedule 3 has effect in respect of carriage to which this Part applies, being either- (a) carriage which is not international carriage as defined in Schedule 4; or (b) carriage of mail or postal packages. (Enacted 1997) [App. III, p. CH1 art. 4] Cap 500 s 14 International Carriage under the Warsaw Convention Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) This section and Schedule 4 have effect in respect of carriage to which this Part applies, being carriage which is international carriage as defined in that Schedule. [App. III, p. CH1 art. 5(1)] (2) The Governor may by order in the Gazette certify who are the High Contracting Parties to the Warsaw Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the Additional Protocol to the Warsaw Convention. (3) An order under this section is subsidiary legislation and is, except in so far as it has been superseded by a subsequent order, conclusive evidence of the matters certified in the order. [1961 c. 27 s. 2 U.K. as applied by App. III, p. CH1 Sch. 3] |
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