| An Ordinance to provide for the implementation of the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6 April 1974; and for connected purposes. (Enacted 1995) [14 July 1995] (Originally 59 of 1995) Cap 482 s 1 Short title This Ordinance may be cited as the Merchant Shipping (Liner Conferences) Ordinance. (Enacted 1995) Cap 482 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Article" means an Article of the Code; "the Code" (《守则》) means the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6 April 1974 as set out in Schedule 1 and includes any revision thereof as defined in section 15(2); "conciliation" (调解) means international mandatory conciliation under Chapter VI of the Code, and references to the institution or completion of conciliation proceedings shall be construed in accordance with subsection (2); "conference" (公会) has the meaning given to that term by Chapter I of the Code; "judgment" (判决), in relation to proceedings arising out of the Code, means any judgment, decree, order, award, recommendation or determination of any description given or made in such proceedings, and references to the giving of a judgment shall be construed accordingly; "mandatory provision" (强制性条文), in relation to the Code, means a provision identified as such by the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2; "proceedings arising out of the Code" (《守则》所引起的程序) means legal proceedings, conciliation proceedings, arbitration proceedings or any other proceedings for the determination or resolution of a dispute arising out of the Code; "trade" (贸易、货载承运、货运、航运、航线) has the same meaning as in the Code. (2) For the purposes of this Ordinance, conciliation proceedings relating to a dispute are instituted when a party to the dispute requests that it be referred to conciliation and are completed when the conciliators notify the parties of their recommendation. (Enacted 1995) Cap 482 s 3 Application of the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations Remarks: Amendments retroactively made-see 23 of 1998 s. 2 (1) Those provisions of the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 which provide that the provisions of Chapters I to V of the Code shall apply- (a) to a conference which has its seat in Hong Kong, so far as it serves the trade between States which are Contracting Parties to the Code; and (b) to a conference which does not have its seat in Hong Kong, so far as it serves the trade between Hong Kong and another Contracting Party to the Code, (Amended 23 of 1998 s. 2)shall so apply whether or not the law of Hong Kong would fall to be applied in accordance with the ordinary rules of international law. (2) For the purposes of subsection (1) a conference has its seat in Hong Kong if, and only if- (a) it is incorporated or formed under the law of Hong Kong; or (b) its central management and control is exercised in Hong Kong. (Enacted 1995) Cap 482 s 4 Implied terms in the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations Where the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 provide that a mandatory provision of the Code has effect as an implied term of a contract, then- (a) any agreed terms which are to any extent inconsistent with that term shall to that extent be of no effect; and (b) without prejudice to paragraph (a), any agreed provision for the settlement of disputes arising out of the contract shall apply to disputes arising out of that term only if- (i) the parties to the contract have expressly agreed that that provision shall apply to such disputes; or (ii) the parties to the dispute in question agree that it should apply to that dispute. (Enacted 1995) Cap 482 s 5 Power to exclude or restrict operation of the Code for lack of reciprocity Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 Where, after consultation with the Chief Executive, it appears to the Central People's Government that- (a) a State which is a Contracting Party to the Code has made reservations when becoming a party to the Code or has materially failed to fulfil its obligations under the Code; and (b) the implementation of those reservations or, as the case may be, the failure to fulfil those obligations is damaging to or threatens to damage the shipping or trading interests of Hong Kong,the Chief Executive in Council may, with the concurrence of the Central People's Government, by regulations exclude or restrict the operation of all or any of the provisions of Chapters I to V of the Code, as they apply by virtue of regulations made under this Ordinance, in relation to trade with that State or in relation to persons having any such connection with that State as may be specified in the regulations. |
