| An Ordinance to provide for and to limit the liability of shipowners and others, and for ancillary matters. (Enacted 1993) [1 October 1993] L.N. 381 of 1993 (Originally 55 of 1993) Cap 434 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Limitation of Shipowners Liability) Ordinance. (2) (Omitted as spent) (Enacted 1993) Cap 434 s 2 Interpretation In this Ordinance- "Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974" (《1974年海上运输旅客及其行李雅典公约》) means- (a) the convention of that name done at Athens on 13 December 1974; (b) the protocol to that convention done at London on 19 November 1976,both of which were established in a single original in the English and French languages; "Convention on Limitation of Liability for Maritime Claims, 1976" (《1976年海事索赔责任限制公约》) means the convention of that name done at London on 19 November 1976, which was established in a single original in the English, French, Russian and Spanish languages. (Enacted 1993) Cap 434 s 3 Convention to have force of law PART II CARRIAGE OF PASSENGERS AND LUGGAGE BY SEA Subject to this Part, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 as set out in Schedule 1 (in this Part and in that Schedule referred to as "the Convention" (公约)) has the force of law in Hong Kong. (Enacted 1993) Cap 434 s 4 Interpretation For the purposes of this Ordinance- (a) notwithstanding paragraph 3 of Article 1 of the Convention, "ship" (船、船舶) in the Convention means any seagoing vessel, and includes any air-cushion vehicle designed to operate in or over water while so operating; (b) "the provisions of the law of that court" (该法院的适用法律) in Article 6 of the Convention means section 21 of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23); and (c) "contract of carriage" (运输合约) in the Convention does not include a contract of carriage which is not for reward. (Enacted 1993) Cap 434 s 5 Application For the purposes of paragraph 2 of Article 2 of the Convention, provisions of such an international convention as is mentioned in that paragraph which apart from this section do not have mandatory application to carriage by sea shall be treated as having mandatory application to carriage by sea if it is stated in the contract of carriage for the carriage in question that those provisions are to apply in connection with the carriage. (Enacted 1993) Cap 434 s 6 Limit of liability for personal injury In relation to a carrier whose principal place of business is in Hong Kong the Governor may by order specify a limit in substitution for, but not lower than, the limit specified in paragraph 1 of Article 7 of the Convention. (Enacted 1993) Cap 434 s 7 Aggregation of claims For the avoidance of doubt it is declared that the limitations on liability mentioned in Article 12 of the Convention in respect of a passenger or his luggage apply to the aggregate liabilities of the persons in question in all proceedings for enforcing the liabilities or any of them which may be brought whether in Hong Kong or elsewhere. (Enacted 1993) Cap 434 s 8 Time-bar for actions Article 16 of the Convention applies to an arbitration as it applies to an action. (Enacted 1993) Cap 434 s 9 Competent jurisdiction (1) The court before which proceedings are brought in pursuance of Article 17 of the Convention to enforce a liability which is limited by virtue of Article 12 of the Convention may at any stage of the proceedings make such order as appears to the court to be just and equitable in view of the provisions of Article 12 of the Convention and of any other proceedings which have been or are likely to be begun in Hong Kong or elsewhere to enforce the liability in whole or in part. (2) Without prejudice to the generality of subsection (1), where such liability is or may be partly enforceable in other proceedings in Hong Kong or elsewhere, such court 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 results of any other proceedings. (Enacted 1993) Cap 434 s 10 Notice by carrier to passenger The Governor may by order make provision- (a) for requiring a person who is the carrier in relation to a passenger to give to the passenger, in a manner prescribed in the order, notice of such of the provisions of the Convention as are so prescribed; (b) for a person who fails to comply with a requirement imposed on him by the order to be guilty of an offence and liable on summary conviction to a fine of $10000. (Enacted 1993) Cap 434 s 11 Application of Part Nothing in this Part affects the operation of Part III. (Enacted 1993) Cap 434 s 12 Convention to have force of law PART III LIMITATION OF LIABILITY FOR MARITIME CLAIMS |
