896
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 14, 1934.
Section 2.-Every High Contracting Party to the Convention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of any action brought in a court in the Colony in accordance with the provisions of Article 28 of the said first annex to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court, and accordingly rules of court may provide for the manner in which any action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party.
FIRST ANNEX.
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO
INTERNATIONAL CARRIAGE BY AIR.
CHAPTER I.
SCOPE. DEFINITIONS.
Article 1.
It
(1) This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
(2) For the purposes of this Convention the expression "inter- national carriage" means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.
(3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.
Article 2.
(1) This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.
(2) This Convention does not apply to carriage performed under the terms of any international postal Convention.
$