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WEDNESDAY, NOVEMBER 17, 1993
BILLS OF LADING AND ANALOGOUS SHIPPING DOCUMENTS BILL INTRODUCED
A BILL TO REFORM THE LEGAL REMEDIES AVAILABLE UNDER CONTRACTS OF CARRIAGE OF GOODS BY SEA TO ENSURE THAT HONG KONG REMAINS A LEADING COMMERCIAL AND SHIPPING CENTRE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE BILLS OF LADING AND ANALOGOUS SHIPPING DOCUMENTS BILL, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID THE BILL WAS TECHNICAL BUT THE REAL BENEFIT IT WOULD PROVIDE THE COMMERCIAL COMMUNITY IN HONG KONG COULD NOT BE OVERLOOKED.
TO
"UNDER THE COMMON LAW, ONLY THE TWO PARTIES TO A CONTRACT CARRIAGE COULD SUE OR BE SUED UNDER THE CONTRACT.
OF
"WHERE, AS OFTEN HAPPENED, GOODS WERE SOLD AND RESOLD DURING THE COURSE OF SEA TRANSIT, THE BUYER WAS UNABLE TO SUE ON THE CONTRACT OF CARRIAGE FOR LOSS OR DAMAGE TO HIS GOODS," HE SAID.
WHILE THE CURRENT BILLS OF LADING ORDINANCE GOES SOME WAY TO OVERCOME THIS PROBLEM, MR MATHEWS SAID THE BILL, WHICH WAS BASED ON THE UNITED KINGDOM CARRIAGE OF GOODS BY SEA ACT 1992, ADDRESSED THE LEGAL PROBLEMS WHICH STILL EXISTED.
"IT OVERCOMES THE DIFFICULTY ASSOCIATED WITH THE PASSING OF OWNERSHIP OF GOODS BY SIMPLY PROVIDING THAT ANY LAWFUL HOLDER OF A BILL OF LADING HAS THE RIGHT TO SUE THE CARRIER.
"IT THEREFORE SEVERS THE LINK BETWEEN THE PASSING OF OWNERSHIP OF GOODS AND THE RIGHT TO TAKE LEGAL PROCEEDINGS UNDER THE CONTRACT OF CARRIAGE," HE SAID.
ΤΟ TACKLE THE PROBLEM THAT THE EXISTING LEGISLATION DOES NOT APPLY TO DOCUMENTS SUCH AS SEA WAYBILLS AND DELIVERY ORDERS, WHICH ARE WIDELY USED IN THE SHIPPING INDUSTRY, THE BILL GIVES RIGHTS OF ACTION TO A PERSON IDENTIFIED IN A SEA WAYBILL AND TO THE PERSON ENTITLED то DELIVERY UNDER A SHIP'S DELIVERY ORDER.
MR
MATHEWS ADDED: "AS REGARDS OBLIGATIONS, THE BILL PROVIDES
HAD BEEN AN
THAT ANY PERSON ENTITLED TO SUE AND WHO MAKES A CLAIM AGAINST THE CARRIER IS PLACED UNDER THE SAME LIABILITIES AS IF HE ORIGINAL PARTY TO THE CONTRACT OF CARRIAGE.
H
THE ATTORNEY GENERAL ALSO POINTED OUT THAT THE BILL WOULD EMPOWER THE SECRETARY FOR TRADE AND INDUSTRY ΤΟ MAKE REGULATIONS RELATING TO ELECTRONIC DATA INTERCHANGE.
"IN THE FUTURE, DOCUMENTS SUCH AS BILLS OF LADING WHICH ARE NOW TRANSMITTED IN DOCUMENTARY FORM COULD BE REPLACED BY COMPUTER GENERATED ALTERNATIVES TRANSMITTED BY ELECTRONIC DATA INTERCHANGE.
"WHEN THIS OCCURS, THE LEGISLATION COULD BE ADAPTED TO ACCOMMODATE FUTURE TRADING PRACTICES WITHOUT THE NEED FOR PRIMARY LEGISLATION," HE ADDED.
MR MATHEWS SAID THE BILL HAD RECEIVED WIDE SUPPORT FROM SHIPPING AND INSURANCE INTERESTS.
LEGAL,
DEBATE ON THE BILL WAS ADJOURNED.
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