985 Ed.] Merchant Shipping (Liner Conferences)
(Hong Kong)
[App. III
CL 5
(6) Subject to any provision made under subsection (5)(d), a recommendation, determination or award registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the Supreme Court shall have the same powers in relation to its enforcement, and proceedings for or with respect to its enforcement may be taken, as if the recommendation, determination or award had been a judgment or decree originally given in the Supreme Court and had (where relevant) been entered.
(7) Where a recommendation, determination or award is registered under this section, the reasonable costs or expenses of, and incidental to, its registration are recoverable as if they were sums recoverable under it, except that they carry interest as if they were the subject of an order for the payment of costs or expenses made by the Supreme Court on the date of registration.
Other supplementary provisions
10. (1) The appropriate authority in Hong Kong for the purposes of the Code is the Governor.
(2) Information obtained by the Governor as appropriate authority for the purposes of the Code shall not, without the consent of the person from whom it was obtained, be disclosed except-
(a) for the purpose of the discharge by the Governor of his functions in
connection with the Code; or
(b) for the purpose of any proceedings arising out of the Code; or
(c) with a view to the institution of, or otherwise for the purposes of, any
criminal proceedings, whether under this Act or otherwise:
and a person who discloses any information in contravention of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding 10,000 Hong Kong dollars.
(3) Proceedings for an offence under subsection (2) shall not be brought except by or with the consent of the Attorney General of Hong Kong.
11. (1) No agreement shall so far as it relates to any restriction to which this section applies be unenforceable by virtue of any rule of law about unreasonable restraint of trade.
(2) This section applies to restrictions of any of the following descriptions which relate to the trade between states which are Contracting Parties to the Code and are accepted within the framework of a conference, that is to say---
(a) restrictions in respect of the provision of international liner services accepted by the operators of such services under an agreement to which two or more such operators are parties;
(b) restrictions in respect of international liner services accepted by operators of such services or persons for whom such services are provided under an agreement to which one or more such operators and one or more such persons are parties;
(c) restrictions in respect of the supply or acquisition of any service in connection with the operation of international liner services accepted by operators of such services or persons in the business of supplying such a service under an agreement to which one or more such operators and one such supplier are parties.
(3) Where a restriction relates only in part to the matters mentioned in subsection (2), this section applies to the restriction so far as it relates to those
matters.
General
14. (1) In this Act-
"Article" means Article of the Code:
"the Code" has the meaning given by section 1(1);
"conciliation" means international mandatory conciliation under Chapter VI of the Code, and references to the institution or completion of conciliation proceedings shall be construed in accordance with subsection (2);
Governor to be appropriate authority in Hong Kong.
Exclusion of restrictive practices law.
Interpretation.
No comments yet.
Private notes are available after approval.