This Ordinance binds the Crown.
This Ordinance binds the Crown.
Sections 23 to 26 of the Interpretation and General Clauses Ordinance (Cap 1) apply in relation to the repeal of a provision of a United Kingdom enactment effected by this Ordinance as they apply in relation to the repeal of a provision of an Ordinance.
Sections 23 to 26 of the Interpretation and General Clauses Ordinance (Cap 1) apply in relation to the repeal of a provision of a United Kingdom enactment effected by this Ordinance as they apply in relation to the repeal of a provision of an Ordinance.
" The Governor in Council may by order published in the Gazette amend Schedules 1 and 2 in accordance with any revision to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 or to the Convention on Limitation of Liability for Maritime Claims, 1976, or to any protocol to those conventions, which may apply to Hong Kong from time to time."
" The Governor in Council may by order published in the Gazette amend Schedules 1 and 2 in accordance with any revision to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 or to the Convention on Limitation of Liability for Maritime Claims, 1976, or to any protocol to those conventions, which may apply to Hong Kong from time to time."
(1) The Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App. III p. AN 1) is repealed.
(1) The Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App.
III p.
AN 1) is repealed.
(2) Notwithstanding the repeal effected by subsection (1)-
(2) Notwithstanding the repeal effected by subsection (1)-
(a) the Merchant Shipping (Liability of Shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order (App. I p. BJ 1) shall continue in force and is deemed for all purposes to have been made by the Governor under section 17(2);
(a) the Merchant Shipping (Liability of Shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order (App.
I p.
BJ 1) shall continue in force and is deemed for all purposes to have been made by the Governor under section 17(2);
(b) any order made under paragraph 8 of Part II of Schedule 4 to the Merchant Shipping Act 1979 (1979 c. 39 U.K.) as modified and extended to Hong Kong by the Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App. III p. AN 1) shall continue in force and shall be deemed for all purposes to have been made by the Monetary Authority under section 19(1);
(b) any order made under paragraph 8 of Part II of Schedule 4 to the Merchant Shipping Act 1979 (1979 c. 39 U.K.) as modified and extended to Hong Kong by the Merchant Shipping Act 1979 (Hong Kong) Order 1980 (App.
III p.
AN 1) shall continue in force and shall be deemed for all purposes to have been made by the Monetary Authority under section 19(1);
(c) the Merchant Shipping (Carriers’ Liability under Athens Convention) (Hong Kong Dollar Equivalents) Order (App. I p. BI 1) shall continue in force.
(c) the Merchant Shipping (Carriers' Liability under Athens Convention) (Hong Kong Dollar Equivalents) Order (App.
I p.
BI 1) shall continue in force.
In this Convention the following expressions have the meaning hereby assigned to them-
In this Convention the following expressions have the meaning hereby assigned to them-
" 1. (a) ""carrier""(承運人) means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;"
" 1. (a) ""carrier""(承運人) means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;"
" (b) ""performing carrier""(實際承運人) means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;"
" (b) ""performing carrier""(實際承運人) means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;"
" 2. ""contract of carriage""(運輸合約) means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be;"
" 2. ""contract of carriage""(運輸合約) means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be;"
" (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;"
" (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;"
" 5. ""luggage""(行李) means any article or vehicle carried by the carrier under a contract of carriage, excluding-"
" 5. ""luggage""(行李) means any article or vehicle carried by the carrier under a contract of carriage, excluding-"
" (a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; and"
" (a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; and"
" 6. ""cabin luggage""(自帶行李) means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle;"
" 6. ""cabin luggage""(自帶行李) means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control.
Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle;"
" 7. ""loss of or damage to luggage""(行李滅失或損壞) includes pecuniary loss resulting from the luggage not having been re- delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes;"
" 7. ""loss of or damage to luggage""(行李滅失或損壞) includes pecuniary loss resulting from the luggage not having been re- delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes;"
" 8. ""carriage""(運輸、運送) covers the following periods-"
" 8. ""carriage""(運輸、運送) covers the following periods-"
" (a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice versa, if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;"
" (a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice versa, if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier.
However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;"
" (b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;"
" (b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;"
" (c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent;"
" (c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent;"
" 9. ""international carriage""(國際運輸) means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in 2 different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State."
" 9. ""international carriage""(國際運輸) means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in 2 different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State."
(a) the ship is flying the flag of or is registered in a State Party to this Convention; or
(a) the ship is flying the flag of or is registered in a State Party to this Convention; or
(b) the contract of carriage has been made in a State Party to this Convention; or
(b) the contract of carriage has been made in a State Party to this Convention; or