【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
第4页 CAP 500 CARRIAGE BY AIR ORDINANCE
|
[接上页] (4) Every High Contracting Party to the Warsaw 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 in Part I of Schedule 4 to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court. (5) Rules of court may provide for the manner in which an action referred to in subsection (4) 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) (6) 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. as applied by App. III, p. CH1 Sch. 3] Cap 500 s 15 Fatal accidents (1) Any liability imposed by Article 17 in Part I of Schedule 3 and in Part I of Schedule 4 on a carrier in respect of the death of a passenger (in this section called "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. [1961 c. 27 s. 3 U.K. as applied by App. III, p. CH1 Sch. 1] (2) The liability is enforceable for the benefit of any members 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. (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. as modified by App. III, p. CH1 Annex to Part I of Sch. 1] Cap 500 s 16 Limitations on liability (1) The limitations on liability in Article 22 in Part I of Schedule 3 and in Part I of Schedule 4 (in this section called "Article 22") 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 Article 22 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 may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of Article 22, 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 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 purpose of Article 22 in Part I of Schedule 3 and in Part I of Schedule 4, and in particular of paragraphs (5) and (4) of the respective Articles, are to be taken as equivalent for a particular day to the sums expressed in special drawing rights and in francs respectively in the 2 Articles. |
- 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！