1924-11-22 — Page 9

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THE HONGKONG DAILY PRESS, SATURDAY, NOVEMBER 22ND, 1924

for yourself

BY ENTERING

THE NEW

BLIND BALLOT

Organised by the National Institute for the Blind,

(Registered under the Blind Persons Act 1920).

IN AID OF BLIND CHARITIES THROUGHOUT ENGLAND.

1

PATRONS:

The Most Naule the Marchioness of Londonderry, The Most Noble the Marchioness of Linlithgow, The Bt. Hoa, the Earl of Dunraven, K.P. C.M.G. The Rt. Hon. the Earl of Clarendon, D.L., J.P. The Rt. Hon. the Countess of Tarborough,

"

Fanconberg & Conyers.

The Rt. Hon. the Lord Tredegar.

The Dowager Lady Raglan

Lady Crutchley..

Lady Martin Harvey.

Sir Michael o'Dwyer, K.Q.LE, KOS.I. Sir David Hughes Morgan.

Capt. E. B. B. Towie, V.O., U.B.E.

A. B. Earwood, Esq.

A. J. W. Kitchin, Esq., C.LE.

Fred. Martin, Esq., M.P.

G. F. Mowatt, Esq., J.F.

T. P. O'Connor, E., M.F.

(Editor T.P. & Cassella Weekly).

In This Fascinating Competition there are over 200 Valuable Prizes, amongst which are

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41

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ARMY & NAVY STORES, 105, Victoria, Street, S.W.1.; A. W. GAMAC, LTD., Holborn, E.C. 1, Crviz SERVICE SUPPLY ASSOCIATION, 136, Queen Victoria Street, E.0.4; " HAYMARKET STORES, Haymarket, S.W.1.; Kirra PROWSE & Co., Lrn., 42, Poland Street, W.1.

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COMPANIA TRASATLANTICA DE BARCELOAN

Spanish Royal Mail Line

For MANILA, SINGAPORE, COLOMBO, BURZ, PORT SAID, BARCELONA and OTHER SPANISH PORTS.

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AN INTERNATIONAL FREIGHT CODE.

RECENT DISCUSSIONS IN PARIS.

IIT-Letters of Guarantee.

Would it be wise to forbid the issue of letters of guarantee or indemnity as, for example, in the terms of Art. 7 of the draft treaty of London?. The practice, was con demned by a resolution of the International

IV.-Through Bill of Lading.

A FAR-REACHING QUESTIONNAIRE. Shipping Conference.

A sub-committee appointed by the par- the draft treaty of London to he adopted? (1) Dught the provisions of Art. 60 of manent bureau of the Comité Maritime In-In Sect. 2 of Art. 50, the last words, “or ternational met recently in Paris, reports Lloyds List, to consider the question of the intermediate carrier," should be under- a draft convention for an international code stood to mean, or the intermediate carrier of freight to be laid before the next con-whose liability has been already justified."

THE 1924 CONVENTION.

forance the Comité. This Sub-Cont- mittee completed its work after three days' sittings, and a detailed questionnaire was national Convention of 1924 on bills of How are the provisions of the Inter- prepared

lading likely to operate ou through bills of At the outset, eouflicting views were ex-lading, especially when there is different pressed as to the method to be adopted. The maximum liability in respect of sea and sub-committee, as a starting point, had to land carriage? consider the draft.code prepared in London in 1914, but it was soon felt that events had moved rapidly since then and that this valuable document was antiquated. After considerable discussion the sub-committee adopted, with slight alterations, Mr. H. M. Cleminson's motion as follow

V-Distance Freight.

INDO-CHINA

STEAM NAVIGATION COMPANY, LIMITED.

SAILINGS SUBJECT TO ALTERATION,

SANDAKAN BA MANIKA V AMOY SHANGHAI SWATOW KOBEY SHANGHAI& MOJI

FAITEONG, FOIFOT BANGKOK via SWATOW

& CALCUTTA, THINGTAU vis SWATOW &

(via SWATOW... SHANGHAI Iris SWATOW HAIPHONG vis HOIHOW BANGKOK via SWATOW MANILA Tis AMOY

-" YUENSANGTM

...Saturday, 2nd Nov, Noon

...Saturday, 22nd Nov, Noom

Sanday

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Monday,

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EVERY FORTNIGHT EVERY WEEK

REGULAR SAILINGS ARE MAINTAINED AS FOLLOWS — CALCUTTA HONGKONG-JAPAN LINE...EVERY TEN DAYS (1) Is it possible to regulate the question HONGKONG-MANILA LINE

SHANGHAI HONGKONG LINE of distance freight by international conven- HONGKONG HAIPHONG LINK tion? (2) If it is possible also to regulate HONGKONG HORNEO LINE this question, would it be better to keep HONGKONG-TIENISIN LINE the draft treaty of London, as far sa this HONGKONG-HANGEOK LINE At the Gotheaborg Conference the subject is concerned, or to make some following resolution was adopted; That modifications in the articles of the draft this Conference is of opinion that the pre-treaty which deal with this subject (Arts. paring of an International Code of Af-25 to 34). freightment should be proceeded with forth- VI. Time Limits. with; and that a committee be appointed by the Permanent Bureau to prepare International Convention upon bill of (I) Ought not Art. 5, Sect. 9, of the draft for future consideration. In order lading to be adopted in respect of all to proceed with the work contemplated a

actions for loss or damage to goods, and sub-committee was appointed which met in Paris on October. 1st, 1924. They had ought not this rule to be preferred to the rule contained in Art. 47 of the draft treaty of London ?

before them:-

PREVIOUS WORK ON CODES.

Commission of the Comité International "(1) The code prepared by the London in 1914.....

(2) A draft code prepared by com- mittees appointed by the Governments of Denmark, Finland, Norway and Sweden. The latter document was submitted by gentlemen who are members both of the Scandinavian Committees and this sub- committee. They stated that in preparing their draft they had before them and took into careful consideration the draft of the London Commission.

**(3) Draft codes prepared in various countries, principally in Holland, France and Italy.

"In fice of the existence of these.codes it was felt by the sub-committee that it would not be desired by the constitutents of the Association to increase the number of documents by attempting, at any rate

(2) Ought period of limitation of

1924) or two years (Art. 48 of the draft actions arising cut of carriage by sea to be ane year (International Convention of treaty of London), or is there ground for making a distinction between the various kinds of action? VII-Lien on Goods.

(1) What are the lens upon goods which the captain ought to Eave for payment of freight"?.

(2) What liens should there also be upon the goods in respect of demurrage, contribution in general average, salvage, or for expenses in preserving the goods? make between these different liens

(3) What priority is it possible to

CONFLICTS OF LAW.

VIII.The Law Applicable to Contracta of Carriage-Solution of Conflicts of Law.

(a) If no complete international unifica

at this stage, the preparation of a new tion of the rules governing the contract of draft, but that it should prepare an accurate English translation of the Scandalfreightment can be arrived at, may it not inavian draft as well as of the other be possible to frame an international rule national drafts and circulate it among the for the purpose of solving conflicts of law national associations, drawing attention in determining the law applicable to any also to the 1914 draft, of which an English en contract? (b) Should such law be translation already exists; that the (1) The law of the ship's flag? (2) The national branches be invited to consideraw of the port of embarkation? (3) The these drafts in advance of the full Com-law of the port of discharge? (4) Or the mittee of Afreightment, which will meet

lex loci contractors? in the first half-year of 1925, and be prepared to express an opinion upes the following questions:-

IS IT PRACTICABLE?

(1) Whether a general international code is both desirable and practicable.

(2) If so, whether it should be a'coñe of law or a code such as the York-Antwerp Rules, which should be incorporated in commercial contracta.,

(3) If the answer to the first question is in the negative, whether an attempt should be made to secure grester interna- tional uniformity of law by giving attention to particular subjects and framing a short draft convention on those points.

"(4) In that case might the following subjects usefully form the subject of such a draft"

A ̈DETAILED QUESTIONNAIRE.

The sub-committee then considered various selected questions and elaborated the following detailed questionnaire:--- 1.-Carrier's Obligation to put Ship in a Condition of Beaworthiness (to provide seaworthy ship).

Should the provisions of Arts. 8, 8ect. 1. and 4, Sect 1 of the International Conven- tion upon bills of lading be extended to cover contracts of affreightment which are not within the scope of the said convention? II-Besponsibility of the Shipowner towards Bill of Lading Holders or Subcharterers.

(a) As to the question of unseaworthiness of the ship,the sub-committee has examined the three following ideas: (1) The ship- owner incurs no further responsibility. when he has once discharged his initial daty in regard to seaworthiness at the commencement of the charter. (2) The shipowner is responsible to holders of bills of lading in respect of unsen wor- thiness understood in the strict sense of inability to keep the sea. (3) The ship- owner is responsible in every case in which the charterer is himself responsible to the holder or the bill of lading. Which of these three views should be adopted? If the responsibility of the abipowner should be preserved, should it be a joint and several responsibility or a responsibility in defanit on the part of the carrier?" "

QUESTIONS OF DISTINCTION. (b) "As to the acts of the captain. (1) Is the shipowner responsible for these acta and to what extent? (2) Should there be a distinction between commercial errors and nautical errors? (3) Should there be a distinction according to whether the captain is appointed by the owner or by the. charterer, and whether or not the charter amounts to a demise? (4) If distinctions are to be made, how should the provisions the International Convention be applied.

as regards the lien upon the ship in respect of claims arising from the bill of lading?

(c) Would it be possible to adopt a single rule to apply to all matters of conflict, or would it be more suitable to make "distinc- tions between different parts of the contract of carriage?

GOLDSCHMIDT & KIMEL

HAMBURG, 8, Barr STE CABLES: GOLDKIMEL-HAMBURG.

EXPORTERS OF

Sulphate of Ammonia Fertilizers, Artif. Manures Heavy and Fine Chemicals

JARDINE, MATHESON & CO., LTD.,

THE PHONE CENTRAL No. 215.

GLEN

GENERAL MANAGERS,

AND

SHIRE

JOINT SERVICE OF STEAMERS.

U.K STRAITS, CHINA & JAPAN SERVICE.

OUTWARDS.

Vesadi.

Das Hongkong.

"CARNARVONSHIRE" - 17th Nov. "GLENTARA

«" GLENBEG) *

*#LENSHIEL”

104

PAR

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400

25th Doc.

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8th Jan,

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7.

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Movements are subject to change without notize, For Freight or further Particulars, plomes apply to

2nd Dec.

Bamber

7th Jan. Hamburg.

JARDINE, MATHESON & CO., LTD, THE GLEN LINE, LTD., GENTS.

"Telephouse: Central No 215 subex. 23, and Central 1895,

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