CARRIAGE OF GOODS BY SEA ORDINANCE

CARRIAGE OF GOODS BY SEA ORDINANCE

CHAPTER 46.

CARRIAGE OF GOODS BY SEA.

To amend the law with respect to the carriage of goods by
sea.

[28th December, 1928.]

1. This Ordinance may be cited as the Carriage of Goods by Sea
Ordinance.

2. Subject to the provisions of this Ordinance, the Carriage by Sea
under Bills of Lading Rules made hereunder (hereinafter referred to as
the rules) shall have effect in relation to and in connexion 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.

3. There shall not be implied in any contract for the carriage of
goods by sea to which the rules apply any absolute undertaking by the
carrier of the goods to provide a seaworthy ship.

4. Every bill of lading or similar document of title issued in the
Colony which contains or is evidence of anv contract to which the
rules apply shall contain an express staternent that it is to have effect
subject to the provisions of the rules as applied by this Ordinance.

5. Article VI of the rules shall, in relation to the
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.

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 aseertained 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.

7. (1) Nothinging this Ordinance shall affect the
operation of sectior 15 of the Merchant Shipping Ordinance,
1899, or of sections 446 tO 450, both inclusive, 502 ind 503
of the Merchant Shipping Act, 1894, as amended by any


subsequent enactment, or the operation of any other enactment for the
time being in force limiting the liability of the owners of seagoing
vessels.

(2) The rules shall not by virtue of this Ordinance apply lo any
contract for the carriage of goods by sea made before


the 31st day of December, 1928, nor to any bill of lading
or similar docurrient of title issued in pursuance of any such
contract as aforesaid.
Originally 17 of 1928. Fraser 17 of 1928. Short title. 14 & 15 Geo. 5, c. 22, s. 6 (1). Application of rules. 14 & 15 Geo. 5, c. 22, s. 1. Absolute warranty of sea worthiness not implied. 14 & 15 Geo. 5, c. 22, s. 2. Statement as to application of rules in bills of lading. 14 & 15 Geo. 5, c. 22, s. 3. modification of Article VI of rules in relation to local trade. 14 & 15 Geo. 5, c. 22, s. 4. modification of rules 4 and 5 of Article III in relation to bulk cargoes. 14 & 15 Geo. 5, c. 22, s. 5. Saving and operation 14 & 15 Geo. 5, c. 22, s. 6 (2), (3). (10 of 1899.) (57 & 58 Vict. C. 60.)

Originally 17 of 1928. Fraser 17 of 1928. Short title. 14 & 15 Geo. 5, c. 22, s. 6 (1). Application of rules. 14 & 15 Geo. 5, c. 22, s. 1. Absolute warranty of sea worthiness not implied. 14 & 15 Geo. 5, c. 22, s. 2. Statement as to application of rules in bills of lading. 14 & 15 Geo. 5, c. 22, s. 3. modification of Article VI of rules in relation to local trade. 14 & 15 Geo. 5, c. 22, s. 4. modification of rules 4 and 5 of Article III in relation to bulk cargoes. 14 & 15 Geo. 5, c. 22, s. 5. Saving and operation 14 & 15 Geo. 5, c. 22, s. 6 (2), (3). (10 of 1899.) (57 & 58 Vict. C. 60.)

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