560043-1928-Ordinances-passed-and-assented-to---La — Page 10

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 28, 1928.

575

(g) Arrest or restraint of princes, rulers or people,

or seizure under legal process ;

(h) Quarantine restrictions;

(1) Act or omission of the shipper or owner of the

goods, his agent or representative ;

() Strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;

(k) Riots and civil commotions;

(1) Saving or attempting to save life or property at

sea;

(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or

vice of the goods;

(2) Insufficiency of packing;

(0) Insufficiency or inadequacy of marks; (p) Latent defects not discoverable by due diligence; (9) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.

4. Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.

5. Neither the carrier nor the ship shall in any event be or become liable for any loss or dainage to or in con- nection with goods in an amount exceeding £100 per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading,

This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or con- clusive on the carrier.

By arrangement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, pro- vided that such maximum shall not be less than the figure above-named.

Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly mis-stated by the shipper in the bill of lading.

6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or ageut of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expeuses directly or indirectly arising out of or resulting from such ship-

ment.

If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

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