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THE HONGKONG GOVERNMENT GAZETTE, JULY 16, 1909.
Charge on increased risk.
Liability as to passen-
ger's luggage.
(2.) Where such higher value has been declared the railway administration may charge in respect of the in- creased risk a percentage upon the excess of the value so declared over the respective sums aforesaid,
23. The railway administration shall not be responsible for the loss destruction or deterioration of any passenger's luggage unless it has been delivered into the custody of a railway official,
Liability as 24.-(1.) When any articles mentioned in the Schedule to articles of are contained in any parcel or package delivered to the special value. railway administration for carriage by railway and the value of such articles in the parcel or package exceeds one hundred dollars the railway administration shall not be responsible beyond that sum for the loss destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the railway administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by railway and if so required by the railway administration paid or engaged to pay a percent- age on the value so declared by way of compensation for increased risk.
Compensa-
tion recover
able not to exceed the value declar. ed.
Declaration
of contents of parcel.
Exemption.
Burden of proof in
respect of loss of ani-
or
(2.) When any parcel or package of which the value has been declared under sub-section (1) has been lost destroyed or has deteriorated the compensation recoverable in respect of such loss destruction or deterioration shall not exceed the yature so declared and the burden of proving the value so declared to have been the true value shall not- withstanding anything in the declaration lie on the person claiming the compensation.
(3.) The railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway servant authorized in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be there- iu.
(4.) The foregoing provisious of this section shall not apply to any parcel carried by the railway for any postal authority.
25. In any suit against the railway administration for compensation for loss destruction or deterioration of animals or goods delivered to the railway administration for mals or goods. Carriage by railway it shall not be necessary for the plain- tiff to prove how the loss destruction or deterioration was caused. In every such proceeding the burden of proving the value of the animals or goods and where the same have been injured and the extent of the injury shall lie upon the person claiming the compensation.
Notification
of claims to
refund of
Overcharges
and com-
26. A person shall not be entitled to a refund of an overcharge in respect of animals or goods carried by a rail- way or to compensation for the loss destruction or deterior- ation of animals or goods delivered to be so carried unless pensation for his claim to the refund or compensation has been preferred in writing by him or on his behalf to the railway adminis- tration within six months from the date of the delivery of the animals or goods for carriage by railway,
losses.
Exoneration
27. Notwithstanding anything in the foregoing provi- from responsions the railway administration shall not be responsible sibility in for the loss destruction or deterioration of any goods with case of goods falsely
respect to the description of which an account materially described, false has been given to the railway administration by the owner or person having charge thereof if the loss destruc- tion or deterioration is in any way brought about by the false account and the railway administration shall not be responsible in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.
Report of accidents,
Accidents.
28. When any of the following accidents occur in the working of any railway--
(a.) Any accident attended with loss of human life or with grievous bodily harm or with serious injury to property.
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