948
4. The other amendment effected by clause 3 of this Bill is to delete paragraph 11 from the Third Schedule of the Magistrates Ordinance for the reasons that defamatory libels are specifically included in paragraph 10 of that Schedule and that verbal defamation cannot be made the subject of a criminal charge.
18th July, 1928.
H. E. POLLOCK,
Attorney General.
C.S.O. 2209/23.
Short title.
14 and 15 Geo. 5, c. 22, s. 6 (1).
Application
of Rules.
14 and 15
[No. 32-11.12.28.-4.]
A BILL
INTITULED
An Ordinance to amend the law with respect
to the carriage of goods by sea.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows
1. This Ordinance may be cited as the Carriage of Goods by Sea Ordinance, 1928.
2. Subject to the provisions of this Ordinance, the Rules set out in the Schedule hereto (hereinafter referred to as the Rules") shall have effect in relation to and in Geo. 5, c. 22, connection with the carriage of goods by sea in ships carrying goods from any port in the Colony to any other port whether in or outside the Colony.
8. I.
Absolute
warranty of
3. There shall not be impied in any contract for the carriage of goods by sea to which the Rules apply any seaworthiness absolute undertaking by the carrier of the goods to provide
a seaworthy ship.
not to be
implied in
contracts to
which Rules
apply.
14 and 15
Geo. 5, c. 22, s. 2.
Statement as
of Rules to
be included
4. Every bill of lading, or similar document of title,
to application issued in the Colony which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Ordinance.
in bills of lading.
14 and 15 Geo. 5, c. 22, s. 3.
Modification
5. Article VI of the Rules shall, in relation to the of Article VI carriage of goods by sea in ships carrying goods from any port in the Colony to any other port in the Colony or to any port or place in the province of Kwong Tung or in the province of Kwong Sai or to Macao, have effect as though the said Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said Article were omitted.
of Rules in relation to local trade.
14 and 15 Geo. 5, c. 22,
S. 4.
Modification of Rules 1 and 5 of
Article III in
relation to bulk cargoes. 14 and 15 Geo. 5, c. 22,
s. 5.
6. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.
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