24
1160
Introductory
t
MERCHANT SHIPPING
SCHEDULE
PART A
TEXT OF THE MERCHANT SHIPPING (LINER CONFERENCES) ACT 1982, AS EXTENDED TO Hong Kong, subject to Modifications and AdaptaTIONS
Main implementing provisions
1.-(1) In this Act "the Code" means the Convention on a Code of Conduct provisions: the for Liner Conferences signed at Geneva on 6th April 1974.
Code and the
Contracting Parties to it.
Implementing
(2) The text of the Code is set out in the Schedule to this Act as it applies in the United Kingdom.
(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 Conférences) Regulations (Mandatory Provisions) Regulations 1985 as extended to Hong Kong which
provide that the provisions of Chapters I to V of the Code shall apply-
Application.
Implementing Regulations: Implied Terms.
Power to exclude or
restrict operation of the Code for lack of reciprocity.
(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 Kong 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 Provi- sions) 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---
4.
(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-
(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.