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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 59
Article 26.
(1) Receipt by the consignee of luggage and of goods without protest is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.
(2) In the case of damage, the consignee must protest to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the protest must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal.
(3) Every protest must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.
(4) Failing protest within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.
Article 27.
In the case of the death of the person liable, the action for damages lies in accor- dance with the terms of this Convention against those legally representing his estate.
Article 28.
(1) The action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdic- tion where the carrier is ordinarily resident, or where he has his principal place of business, or where he has an establishment by which the contract has been made, or before the Court having jurisdiction at the place of destination.
case.
(2) Questions of procedure shall be governed by the law of the Court scised of the
Article 29.
(1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2) The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.
Article 30.
(1) In the case of carriage to be performed by various successive carriers, falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.
(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.
(3) In the case of luggage or goods, the consignor will have a right of action against the first carrier, and the consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the consignor and the consignee respectively.
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