CARRIAGE BY SEA UNDER BILLS OF LADING RULES

CARRIAGE BY SEA UNDER BILLS OF LADING RULES

CARRIAGE OF GOODS BY SEA.

CARRIAGE BY SEA UNDER BILLS OF LADING RULES.

(Cap. 46, section 2).
(Ordinance No. 17 Of 1928).

[28th December, 1928.]

ARTICLE 1.

Citation and Definition.

1. These rules may be cited as the Carriage by Sea
under Bills of Lading Rules.

2. In these rules-
'carrier` includes the owner or the charterer who enters
into a contract of carriage with a shipper:
'contract of carriage' applies only to contracts of carriage
covered by a bill of lading or any similar document of
title, in so far as such document relates to the carriage
of goods by sea, including any bill of lading or any
similar document as aforesaid issued under or pursuant
to a charterparty from the moment at which such bill of
lading or similar document of title regulates the relations
between a carrier and a holder of the same;
'goods' includes goods, wares, merchandises and articles of
every kind whatsoever except live animals and cargo
which by the contract of carriage is stated as being
carried on deck and is so carried.,
'ship' means any vessel used for the carriage of goods by,
sea except-
(a)junks and motor boats as defined in section 2 of the
Merchant Shipping Ordinance, 1899, and
(b)launches as defined in section 37 Of the said
Ordinance;
'carriage of goods' covers the period from*the time when
the goods are loaded on to the time when they are dis-
charged from the ship.





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 respon-
sibilities 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 be-
ginning of the voyage, to exercise due diligence to-
(a) make the ship seaworthy;
(b) 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, carriage 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
aniong 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 con-
tained, in such a manner as should ordinarily remain
legible until the end of the voyage;
(b)either the number of packages or pieces 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 jto state or show in the bill of lading any
marks, number, quantity or weight which lie has reasonable
ground for suspecting not accurately to represent the goods
actually received or which lie 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 described
in accordance with sub-paragraphs (a), (b) and (c) of para-
graph 3.

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 hini, and the
shipper shall indemnify the carrier against all loss, damages
and expenses- arising or resulting from -inaccuracies- in such
particulars. The right of the carrier to such indemnity shall
in no way limit his responsibility and liability under the
contract of carriage to any person other than the shipper.

6. (j.) 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.

(2) The notice in writing need not be given if the state
of the goods has at the time of their receipt been the subject
of joint survey or inspection.

(3) In any event the carrier and the ship shall be dis-
charged from all liability in respect of loss or darnage unless
suit is brought within one year after delivery of the goods
or the date when flie goods should have been delivered.

(4) In the case of any actual or apprehended loss or
.damage the carrier and the receiver shall give all reasonable
facilities to each other for inspecting and tallying the goods.





7. After the goods are loaded the bill of lading to be
issued by the carrier, master or agent of the carrier to the
shipper shall if the shipper so demands be a 'shipped' bill
of lading : Provided that if the shipper has previously taken
up any document of title to such goods lie shall surrender
the same as against the issue of the 'shipped' bill of lading,
but at the option of the carrier such document of title may
-be noted at -the -port of shipment- by the carrier, master or
agent with the name or names of the ship or ships upon
which the goods have been shipped and the date or dates of
shipment, and when so noted the same shall for the purpose
of this Article bc deemed to constitute a 'shipped' bill of
lading.

8. (1) Any clause, covenant or agreement in a contract
of carriage relieving the carrier or the ship from liability for
loss or damage to or in connexion with goods arising from
negligence, fault or failure in the duties and obligations
provided in this Article, or lessening such liability otherwise
than as provided'in these rules, shall be null and void and
of no effect.

(2) A benefit of insurance or similar clause shall be
deemed to be a clause relieving the carrier from liability.

ARTICLE IV.

Rights and immunities.

1. (1) Neither the carrier nor the ship shall be liable
for loss or damage arising or resulting from unseaworthiness
unless caused by want of due diligence on the part of the
carrier to make the ship seaworthy and to secure that the
ship is properly manned, equipped and supplied and to
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, carriage and preservation in accordance with
the provisions of paragraph 1 of Article III.

(2) Whenever loss or damage has resulted from unsea-
worthiness the burden of proving the exercise of due diligence
shall be on the carrier or other person claiming exemption
under this section,





2. Neither the carrier nor the ship shall be responsible for loss or
damage arising or resulting from

(a)act, neglect or default of the master, mariner, pilot or the
servants of the carrier in the navigation or in the management
of the ship;

(b)fire, unless caused by the actual fault or privity of the carrier;

(c)perils, dangers and accidents of the sea or other navigable
waters;

(d) act of God;

(e) act of war;

(f) act of public enemies;

(g)arrest or restraint of princes, rulers or people, or seizure under
legal process;

(h) quarantine restrictions ;

(i)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 commtions

(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 tile goods;

(n) insufficiency of packing;

(o) insufficiency or inadequacy of marks;

(p) latent defects not discoverable by due diligence;

(q)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 resultin,& 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. (1) Neither the carrier nor the ship shall in any event be-or
become liable for any loss -or- damage to or in connexion with goods in
an amount exceeding ¢G100 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 conclusive on the carrier.

(2) 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 : Provided that such maximum shall not be
less than the figure abovenamed.

(3) Neither the carrier nor the ship shall be responsible in any
event for loss or damage to or in connexion with goods if the nature or
value thereof has been knowingly misstated by the shipper in the bill
of lading.

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

(2), If any such goods shipped with such knowledge and consent
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.





ARTICLE V.

Surrender of rights and iinntuititt'es, and increase of
responsibilities and liabilities.

1. A carrier shall be at liberty to surrender in whole or
in part all or any of his rights and immunities or to increase
any of his responsibilities and liabilities under the rules con-
tained in any of these Articles, provided such surrender or
increase shall be embodied in the bill of lading issued to the
shipper.

2. The provisions of these rules shall not be applicable
to charterpartics, but if bills of lading are issued in the case
of a ship under a charterparty they shall comply with the
terms of these rules. Nothing in these rules shall be held
to prevent the insertion in a bill of lading of any lawful
provision regarding general average.

ARTICLE VI.

Special conditions.

1. Notwithstanding the. provisions of the Preceding
Articles, a carrier, master, or agent of the carrier, and a
shipper, shall in regard to any particular goods be ai liberty
to enter into any agreement in any terms as to the respon-
sibility and liability of the carrier for such goods, and as to
the rights and immunities of the carrier in respect of such
goods, or his obligation as to seaworthiness, so far as this
stipulation is not contrary to public policy, or the care or
diligence of his servants or agents it, regard to the. loading,
handling, stowage, carriage, custody, care and discharge of
the goods carried by sea, provided that in this case no bill
of lading has been or shall be issued and that the terms
agreed shall be embodied in a receipt which shall be a non-
negotiable document and shall be marked as such.

2. Any agreement so entered into shall have full legal
effect : Provided that this Article shall not apply to ordinary
commercial shipments made in the ordinary course of trade,
but only to other shipments where the character or condition
of the property to be carried or the circumstances, ternis and
conditions under which the carriage is to be performed, are
such as rea.5onably to justify a special agreement,





ARTICLE VII.

Limitations on the application of the rules.

Nothing herein contained shall prevent a carrier or 1 shipper from
entering into any agreement, stipulation, condition, reservation or
exemption as to the responsibility and liability of the carrier or the ship
for the loss or damage to -or-in connexion with the custody and care
and handling of goods prior to the loading on and subsequent to the
discharge from the ship on which the goods are carried by sea.

ARTICLE VIII.

Limitation of liability.

The provisions of these rules Shall not affect the rights and
obligations of the carrier under any enactment for the time being in
force relating to the limitation of the liability of owners of seagoing
vessels.

ARTICLE IX.

The monetary units mentioned in these rules are to be taken to be
gold value.

ARTICLE X.

The debtor shall have the right of discharging his debt in Hong
Kong currency according to the rate of exchange prevailing on the
day, of arrival of the ship at the port of discharge of the goods
concerned.

CHAPTER 47.
(Ordinance No. 32 Of 1932).
COMMONWEALTH PREFERENCE.
No subsidiary legislation.
Regulations - Ord. 17 of 1928, s. 2, Schedule. (10 of 1899).

Regulations - Ord. 17 of 1928, s. 2, Schedule. (10 of 1899).

https://oelawhk.lib.hku.hk/items/show/1718

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