560043-1928-Ordinances-passed-and-assented-to---La — Page 8

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 28, 1928. 573

ARTICLE II.

Risks.

Subject to the provisions of Article VI., under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.

ARTICLE III.

Responsibilities and Liabilities.

1. The carrier shall be bound, before and at the begin- ning of the voyage, to exercise due diligence to

(a) Make the ship seaworthy;

(6) Properly man, equip, and supply the ship; (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carri- age and preservation.

2. Subject to the provisions of Article IV., the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried.

3. After receiving the goods into his charge, the carrier. or the master or agent of the carrier, shall on demand of the shipper, issue to the shipper a bill of lading showing among other things--

(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;

(6) Either the number of packages or picces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper ;

(c) The apparent order and condition of the goods:

Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to repre- sent the goods actually received, or which he has had no reasonable means of checking,

4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein des- cribed in accordance with paragraph 3 (a), (b), and (c).

5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss damages, and expenses arising or resulting from iuaccar- acies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and Hiab lity under the contract of carriage to any person other than the shipper.

6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.