695
Draft Bill.
No. S. 303.-The following bill, which it is proposed to introduce at the next meeting of the Legislative Council, is published for general information:-
C.S.O. 2209/23.
A BILL
[No. 32:-20.9.28.-3.]
INTITULED
An Ordinance to amend the law with respect
to the carriage of goods by sea.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Carriage of Short title. Goods by Sea Ordinance, 1928.
14 and 15 Geo. 5. c. 22, s. 6 (1).
2. Subject to the provisions of this Ordinance, the Application Rules set out in the Schedule hereto (hereinafter referred of Rules. to as "the Rules") shall have effect in relation to and in 14 and 15 connection with the carriage of goods by sca in ships Geo. 5, c. 22, carrying goods from any port in the Colony to any other s. 1. port whether in or outside the Colony.
3. There shall not be implied in any contract for the Absolute carriage of goods by sea to which the Rules apply any warranty of absolute undertaking by the carrier of the goods to provide seaworthiness a senworthy ship.
not to be implied in
contracts to which Rules apply.
14 and 15 Geo. 5, c. 22, s. 2.
to application of Rules to
4. Every bill of lading, or similar document of title, Statement as issued in the Colony which contains or is evidence of
ally contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions in bills of of the said Rules as applied by this Ordinance.
be included
lading,
14 and 15 Geo. 5, c. 22, s. 3.
of Rules in
5. Article VI of the Rules shall, in relation to the Modification carriage of goods by sea in ships carrying goods from of Article VI any port in the Colony to any other port in the Colony relation to or to any port or place in the province of Kwong Tung local trade. or in the province of Kwong Sai or to Macao, have effect 14 and 15 as though the said Article referred to goods of any class Geo. 5, c. 22, instead of to particular goods and as though the proviso s. 4. to the second paragraph of the said Article were omitted.
Article III in
6. Where under the custom of any trade the weight of Modification any bulk cargo inserted in the bill of lading is a weight of Rules 4 ascertained or accepted by a third party other than the and of carrier or the shipper and the fact that the weight is so relation to ascertained or accepted is stated in the bill of lading, then, bulk cargoes. notwithstanding anything in the Rules, the bill of lading 14 and 15 shall not be deemed to be prima facie evidence against Geo. 5, c. 22, the carrier of the receipt of goods of the weight so inserted s. 5. in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.
7-(1) Nothing in this Ordinance shall affect the Saving and operation of section 15 of the Merchant Shipping Ordi- operation, nance, 1899, or of sections 446 to 450, both inclusive, 14 and 15 502 and 503 of the Merchant Shipping Act, 1894, as Geo. 5, c. 22,
s. 6 (2), (3).