THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 14, 1934.
Article 41.
Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.
This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.
[Here follow the signatures on behalf of the following countries:- Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Commonwealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania, Switzerland, Czecho- Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.]
ADDITIONAL PROTOCOL.
(With reference to Article 2.)
The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to inter- national carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.
[This additional Protocol was signed on behalf of the same countries as those above mentioned.]
SECOND ANNEX.
PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT OF THE DEATH
OF A PASSENGER.
1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death.
In this paragraph the expression "member of a family" means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child, grandchild.
Provided that, in deducing any such relationship as aforesaid, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters.
2. An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding paragraph enforceable, but only one action shall be brought in the Colony in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in the Colony or, not being domiciled there, express a desire to take the benefit of the action.
3. Subject to the provisions of the next succeeding paragraph, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the Court (or, where the action is tried with a jury, the jury) direct.
4. The Court before which any such action is brought may at any stage of the proceedings make any such order as appears to the Court to be just and equitable in view of the provisions of the First annex to this Schedule limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside the Colony in respect of the death of the passenger in question.
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