【法规名称】
【法规编号】 68749 什么是编号？
【正 文】
第5页 CAP 500 CARRIAGE BY AIR ORDINANCE
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[接上页] (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 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, and a document purporting to be such 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 include, subject to any necessary modifications, references to that Article as applied by Article 25A in Part I of Schedule 3 and in Part I of Schedule 4. (Enacted 1997) [1961 c. 27 s. 4 U.K. as applied by App. III, p. CH1 Sch. 1] Cap 500 s 17 Time for bringing proceedings (1) No action against a carrier's servant or agent which arises out of damage to which the amended Convention as applied by this Ordinance relates shall, if he 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 in Part I of Schedule 3 and in Part I of Schedule 4 (in this section called "Article 29") 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 have effect as if references in those provisions to an action included references to an arbitration. (Enacted 1997) [1961 c. 27 s. 5 U.K. as applied by App. III, p. CH1 Sch. 1] Cap 500 s 18 Application of amended Convention (1) In section 16(1)(a), (2) and (3) (which explains the limitations on liability in Article 22 in Part I of Schedule 3 and in Part I of Schedule 4 and enables a court to make appropriate orders and awards to give effect to those limitations) references to the said Article 22 include, subject to any necessary modifications, references to Article VI in Part II of Schedule 3 and in Part II of Schedule 4. (2) In section 17 (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 in Part II of Schedule 3 and Part II of Schedule 4. (Enacted 1997) [1962 c. 43 s. 3 U.K. as applied by App. III, p. CH1 Part II of Sch. 1] Cap 500 s 19 Application to Crown and gratuitous carriage by the Crown PART IV MISCELLANEOUS (1) This Ordinance binds the Crown. (2) Subject to subsection (3), Parts II and III apply to gratuitous carriage by the Crown as they apply to carriage by the Crown for reward. [App. III, p. CH1 art. 8(1)(a)] (3) The Crown is not precluded by paragraph (2) of Article 3 of the amended Convention as applied by Part II from availing itself of the provisions of Article 22 of that Convention (which provides for the limitation of the carrier's liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice. (Enacted 1997) [App. III, p. CH1 art. 8(1)(b)] Cap 500 s 20 Repeals and savings (1) The Carriage by Air (Overseas Territories) Order 1967 (App. III, p. CG1) is amended in Schedule 3 by repealing "Hong Kong.". (2) The Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967 (App. III, p. CH1) is amended in Schedule 5 by repealing "Hong Kong.". (3) The Carriage by Air Acts (Application of Provisions) (Overseas Territories) (Amendment) Order 1984 (App. III, p. CI1) is repealed in its application to Hong Kong. (4) Notwithstanding subsection (1), the Carriage by Air (Overseas Territories) (Hong Kong Dollar Equivalents) Order (App. I, p. AD1) continues in force as if it had been made under section 6(4) with such adaptations and modifications as are necessary or expedient to enable this subsection to have effect. (5) Notwithstanding subsection (2), the Carriage by Air Acts (Application of Provisions) (Overseas Territories) (Hong Kong Dollar Equivalents) Order (App. I, p. AC1) continues in force as if it had been made under section 16(4) with such adaptations and modifications as are necessary or expedient to enable this subsection to have effect. (6) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the amendments effected under subsections (1), (2) and (3) as if they were amendments to an Ordinance. (7) The Ordinances set out in column 2 of Schedule 5 are amended in the manner specified in column 3 of Schedule 5. |
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