TNAG-2134-FCO40-3049-Shipping-in-Hong-Kong-1990 — Page 37

1985 Ed.] Merchant Shipping (Liner Conferences)

(Hong Kong)

[App. III

CL 3

(

(2) In ascertaining the responsibility of a member of a conference for the purposes of subsection (1), regard shall be had not only to the member's part (if any) in the particular matters giving rise to the proceedings but also to his general involvement in the affairs of the conference as shown, for example, by his share of the conference trade, the nature of pooling arrangements to which he is a party and the extent to which he contributes to the administrative expenses of the conference.

(3) Subsections (1) and (2) apply to any proceedings in Hong Kong and to proceedings elsewhere in which the extent of the liability of a member of a conference falls to be determined by reference to the law of Hong Kong.

(4) Where in proceedings arising out of the Code-

(a) judgment is given against a member of a conference in respect of damage or

loss caused to any person, and

(b) the extent of the member's liability is not determined by reference to

subsections (1) and (2),

the member shall not, if it is sought to enforce the judgment in Hong Kong, be liable to make good any greater proportion of that damage or loss than if the extent of his liability had been determined by reference to those subsections.

(5) A member of an unincorporated conference against which judgment is given, whether in Hong Kong or elsewhere, in proceedings arising out of the Code in respect of damage or loss caused to any person by a breach of duty by the conference, shall not, by virtue of section 6(3), be liable to make good any greater proportion of that damage or loss than he would have been if the proceedings had been brought against him and the other members of the conference in respect of a duty owed by all the members of the conference and the extent of his liability had been determined by reference to subsections (1) and (2).

(6) Subsections (4) and (5) shall not affect the enforcement in Hong Kong of a judgment required to be enforced there by virtue of Part I of the Foreign Judgments (Reciprocal Enforcement) Ordinance (a)."

6.

(1) A conference which is not a body corporate may nevertheless sue and be sued in its own name in proceedings arising out of the Code.

(2) Subsection (1) applies to any proceedings in Hong Kong and to proceedings elsewhere in which the capacity of a conference to sue and be sued in its own name falls to be determined by reference to the law of Hong Kong.

(3) A judgment given for or against an unincorporated conference in proceed- ings brought against the conference in its own name, whether in Hong Kong or elsewhere, shall be binding on the members of the conference, and such a judgment given against a conference shall be enforceable--

(a) against any property held in trust for the purposes of the conference, to the like extent and in the like manner as if the conference were a body corporate: and

(b) against any member of the conference, subject to section 5(5).

(4) Subsection (3) applies to judgments given by a court of Hong Kong or which are enforceable or entitled to recognition in Hong Kong.

7. (1) Legal proceedings arising out of a dispute relating to the application or operation of the Code may be brought in Hong Kong only in the Supreme Court; and in this section "the court" means the Supreme Court.

(2) Proceedings arising out of a dispute to which Article 23, paragraph 2 applies (disputes to be resolved within the framework of the national jurisdiction concerned) shall not be entertained by the court except as permitted by that paragraph.

(3) The court shall stay proceedings before it if on the application of a party to the proceedings, made after appearance but before delivering any pleadings or taking any other steps in the proceedings, it is shown that the proceedings arise out of a dispute to which Article 23, paragraph 4 applies and that-

(a) the dispute has not been referred to conciliation in accordance with that paragraph or has been so referred and conciliation proceedings are still in progress; or

(a) Laws of Hong Kong, Cap. 319.

Proceedings by or against unincorporated conferences.

Restrictions on legal proceedings.