209345-1934-Carriage-by-Air-Colonies-Protectorates-and-Mandated-Territories-Order-1934 — Page 2

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 14, 1934. 895

"The Act" means the Carriage by Air Act, 1932;

"The Convention" means the Convention for the unification of certain rules relating to international carriage by air which was signed on behalf of His Majesty at Warsaw on the 12th day of October, 1929, the provisions of which are set out in the first annex to the first schedule hereto.

2. The provisions of Sections 1 and 2 of the Act subject. to the adaptations and modifications as set forth in the first schedule hereto shall be and hereby are extended to the colonies and other territories mentioned in the second schedule hereto.

3.—(1) This Order may be cited as the Carriage by Air (Colonies, Protectorates and Mandated Territories) Order, 1934.

(2) This Order shall come into operation on the 1st day of January, 1935.

E. C. E. LEADBITTER.

FIRST SCHEDULE.

Section 1. (1) As from such day as His Majesty may by Order in Council certify to be the day on which the Convention comes into force as regards the Colony, the provisions thereof as set out in the first annex to this schedule shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons and subject to the provisions of this section, have the force of law in the Colony in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) His Majesty may by Order in Council from time to time certify who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such Order shall, except in so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.

(3) Any reference in the said first annex to the territory of any High Contracting Party to the Convention shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party.

(4) Any liability imposed by Article 17 of the said first annex on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger either under any enactment or at common law, and the provisions set out in the second annex to this schedule shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.

(5) Any sum in francs mentioned in Article 22 of the said first annex shall, for the purposes of any action against a carrier, be converted into sterling, or its equivalent in the local currency, at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court.