TNAG-2134-FCO40-3049-Shipping-in-Hong-Kong-1990 — Page 38

CL 4

App. III] Merchant Shipping (Liner Conferences)

(Hong Kong)

[1985 Ed.

Time for bringing legal proceedings.

Recognition and enforcement of recommendations, etc.

of conciliators.

(b) the parties to the dispute have made an agreement to which Article 25, paragraph 1 applies (agreed procedures in lieu of conciliation) which is capable of being, or has been, performed.

(4) The court may attach to a stay granted under subsection (3) such conditions as appear to it appropriate, in particular conditions with respect to the institution or prosecution of conciliation or other proceedings; and the court may remove a stay granted under that subsection if any such condition is not complied with or if at any time it appears to the court that the circumstances are such that a new application for the stay would not be granted.

(5) In relation to an arbitration agreement to which Article 25, paragraph 1 applies, subsections (3) and (4) apply in place of sections 6(1) and 6A(1) of the Arbitration Ordinance (a) (which also provide for the staying of legal proceedings).

8. (1) No legal proceedings arising out of a dispute relating to the application or operation of the Code shall be brought in Hong Kong after the end of the period of two years from the date on which the cause of action accrued or, if later. the end of the period of six months from the date on which conciliation proceedings relating to the dispute were completed or abandoned.

(2) The following provisions of the Limitation Ordinance (b) apply to the limitation period prescribed by subsection (1) as they apply to the limitation periods prescribed by that Ordinance—

(a) section 22(1) (extension of limitation period in case of disability);

(b) section 26 (postponement of limitation period in case of fraud or mistake): (c) section 35 (provisions as to set-off or counterclaim).

9. (1) Where a recommendation of conciliators has become binding as between two or more parties in accordance with Article 37, then. subject to sub- section (2)-

(a) it shall be recognized in Hong Kong as conclusive as between those parties

of the dispute to which it relates; and

(b) any of those parties may apply to have the recommendation registered for

enforcement in the Supreme Court.

(2) A recommendation shall not be so recognized or enforced if it is affected by any of the matters mentioned in sub-paragraphs (a) to (d) of Article 39. paragraph 2 (disability, fraud, coercion, public policy or irregularity of composition or procedure of the conciliators), unless the affected part can be severed as mentioned in Article 39, paragraph 3 and the remainder of the recommendation recognized and enforced.

(3) Where the costs to be borne by a party to conciliation proceedings in accordance with Article 43. paragraph 1 (costs of the conciliation and its administra- tion) have been determined, the person to whom those costs are to be paid may apply to have the determination registered for enforcement in the Supreme Court.

(4) A party in whose favour an award of costs have been made by conciliators under Article 43. paragraph 3 (vexatious or frivolous proceedings) may apply to have the award registered for enforcement in the Supreme Court.

(5) Provision may be made by the rules of court as to

(a) the manner in which application is to be made for registration of a

recommendation, determination or award under this section;

(b) the documents to be produced and the matters to be proved by a person seeking recognition of a recommendation or enforcement of a recommenda- tion, determination or award;

(c) the manner in which a recommendation, determination or award is to be

registered under this section;

(d) the manner in which and the conditions subject to which a recommendation,

determination or award so registered may be enforced.

(a) Laws of Hong Kong, Cap. 341. (b) Laws of Hong Kong, Cap. 347.

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