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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 28, 1928.
ARTICLE V.
Surrender of Rights and Immunities, and Increase of Responsibilities and Liabilities.
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under the Rules contained in any of these Articles, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.
The provisions of these Rules shall not be applicable to charterparties, but if bills of lading are issued in the case of a ship under a charterparty they shall comply with the terms of these Rules. Nothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.
ARTICLE VI.
Special Conditions.
Notwithstanding the provisions of the preco ling Articles, a carrier, mister or agent of the carrier, and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, haudling, stowage, carriage, custody, care, and discharge of the goods carried by sea, provided that in this case no hill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non- negotiable document and shall be marked as such.
Any agreement so eutered into shall have full legal effect:
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circum- stances, terms and conditions under which the carriage is to be preformed, are such as reasonably to justify a special agreement.
ARTICLE VII.
Limitations on the Application of the Rules. Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea.
ARTICLE VIII. Limitation of Liability.
The provisions of these Rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.
ARTICLE IX.
The monetary units mentioned in these Rules are to be taken to be gold value.
ARTICLE X.
The debtor shall have the right of discharging his debt in Hong Kong currency according to the rate of exchange prevailing on the day of the arrival of the ship at the port of discharge of the goods concerned.