572 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 28, 1928.
Modification of Rules 1 and 5 of
6. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or acceptel by a third party other than the Article III in carrier or the shipper and the fact that the weight is so ascertained or accepted is state in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteei by the shipper.
relation to bulk
cargoes. 14 and 15 Geo. 5, c. 22, s. 5.
Saving and operation.
14 and 15
Geo. 5, c. 22, s. 6 (2), (3).
Ordinance
No. 10 of 1899.
57 and 58 Vict. c. 60.
7-(1) Nothing in this Ordinance shall affect the operation of section 15 of the Merchant Shipping Ordi- nance, 1899, or of sections 446 to 450, both, inclusive, 502 and 503 of the Merchant Shipping Act, 1894, as amended by any subsequent enactment, or the operation of
any other enactment for the time being in force limiting the liability of the owners of sea going vessels.
(2) The Rules shall not by virtue of this Ordinance apply to any contract for the carriage of goods by sea made before the 31st day of December, 1928, nor to any bill of lading or similar document of title issued, whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid.
Passed the Legislative Council of Hong Kong, this 27th day of December, 1928.
H. R. BUTTERS,
Deputy Clerk of Councils.
SCHEDULE.
RULES RELATING TO BILLS OF LADING.
ARTICLE I:
Definitions.
In these Rules the following expressions have the meanings hereby assigned to them respectively, that is to
say
(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;
(3) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charterparty from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;
(c) "Goods" includes goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried;
(d) "Ship* means any vessel used for the carriage of goods by sea except (i) junks and motor boats as defined in section 2 of the Merchant Shipping Ordinance, 1899, and (ii) launches as defined in section 37 of the said Ordinance;
(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.
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