CL 2
Implementing Regulations: Application.
Implementing Regulations: Implied Terms.
Power to exclude or restrict operation of the Code for lack of reciprocity.
Liability of members
of conference to be in proportion to their responsibility.
App. III] Merchant Shipping (Liner Conferences)
(Hong Kong)
(1985 Ed.
(3) Her Majesty may by Order in Council made under this Act as it applies in the United Kingdom certify which states are Contracting Parties to the Code, and in respect of what countries they are parties. and such an Order in Council shall be conclusive evidence of the matters certified by it.
2. (1) Those provisions of the Merchant Shipping (Liner Conferences) (Man- datory Provisions) Regulations 1985 as extended to Hong Kong which provide that the provisions of Chapters I to V of the Code shall apply---
(i) to a conference which has its seat in Hong Kong, so far as it serves the trade
between states which are Contracting Parties to the Code, and
(ii) to a conference which does not have its seat in Hong Kong, so far as it serves the trade between Hong Kong and another state which is a Contracting Party to the Code,
shall so apply whether or not the law of Hong Kong would fall to be applied in accordance with the ordinary rules of private international law.
(2) For the purposes of subsection (i) a conference has its seat in Hong Kong if, and only if
(a) it is incorporated or formed under the law of Hong Kong, or
(b) its central management and control is exercised in Hong Kong.
3. Where the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations 1985 as extended to Hong Kong provide that a mandatory provision of the Code has effect as an implied term of a contract, then-
(a) any agreed terms which are to any extent inconsistent with that term shall to
that extent be of no effect; and
(b) without prejudice to paragraph (a), any agreed provision for the settlement of disputes arising out of the contract shall apply to disputes arising out of that term only if—
4.
(i) the parties to the contract have expressly agreed that that provision
shall apply to such disputes; or
(ii) the parties to the dispute in question agree that it should apply to that
dispute.
Where after consultation with the Governor it appears to the Secretary of State that-
(a) a state which is a Contracting Party to the Code has made reservations when becoming a party to the Code or has materially failed to fulfil its obligations under the Code, and
(b) the implementation of those reservations or, as the case may be, the failure to fulfil those obligations is damaging to or threatens to damage the shipping or trading interests of Hong Kong,
the Governor may, with the concurrence of the Secretary of State, by regulations exclude or restrict the operation of all or any of the provisions of Chapters I to V of the Code, as they apply by virtue of regulations made under this Act as it applies in the United Kingdom and extended to Hong Kong, in relation to trade with that state or in relation to persons having any such connection with that state as may be specified in the regulations.
Proceedings arising out of the Code
5. (1) Where proceedings arising out of the Code are brought against a member of a conference in respect of damage or loss suffered by any person and other members of the conference are also liable (whether jointly or otherwise) in respect of the same damage or loss, the liability of that member to make good that damage or loss shall be in proportion to his responsibility.
The reference above to the liability of other members of the conference is to any such liability which has been or could be established in proceedings brought before the same court or other tribunal by or on behalf of the person suffering the damage or loss; and for the purposes of this subsection it is immaterial by reference to what law the issue of liability was or would be determined.
(