Hong Kong Ordinances

BILLS OF LADING AND ANALOGOUS SHIPPING DOCUMENTS ORDINANCE - SECT 2

Interpretation

(Past version on 30/06/1997).

(1) In this Ordinance-

"bill of lading" (提單), "Sea waybill" (海運貨單) and "ship's delivery
order" (船舶 交貨單) shall be construed in accordance with section 3;

"contract of carriage" (運輸合約)-

   (a)  in relation to a bill of lading or sea waybill, means the contract
        contained in or evidenced by that bill or waybill; and

   (b)  in relation to a ship's delivery order, means the contract under or
        for the purposes of which the undertaking contained in the order is
        given;

"holder" (持有人), in relation to a bill of lading, shall be construed in
accordance with subsection (2);

"information technology" (資訊科技) includes any computer or other
technology by means of which information or other matter may be recorded or
communicated without being reduced to documentary form;

"telecommunications system" (電訊系統) means a system for the conveyance,
through the agency of electric, magnetic, electro-magnetic, electro-chemical
or electro-mechanical energy, of- (Amended 36 of 2000 s. 28)

   (a)  speech, music and other sounds;

   (b)  visual images;

   (c)  signals serving for the impartation (whether as between persons and
        persons, things and things or persons and things) of any matter
        otherwise than in the form of sounds or visual images; or

   (d)  signals serving for the actuation or control of machinery or
        apparatus.

(2) References in this Ordinance to the holder of a bill of lading are
references to any of the following persons-

   (a)  a person with possession of the bill who, by virtue of being the
        person identified in the bill, is the consignee of the goods to which
        the bill relates;

   (b)  a person with possession of the bill as a result of the completion, by
        delivery of the bill, of any endorsement of the bill or, in the case
        of a bearer bill, of any other transfer of the bill;

   (c)  a person with possession of the bill as a result of any transaction by
        virtue of which he would have become a holder falling within paragraph
        (a) or (b) had not the transaction been effected at a time when
        possession of the bill no longer gave a right (as against the carrier)
        to possession of the goods to which the bill relates, and a person
        shall be regarded for the purposes of this Ordinance as having become
        the lawful holder of a bill of lading wherever he has become the
        holder of the bill in good faith.

(3) References in this Ordinance to a person's being identified in a document
include references to his being identified by a description which allows for
the identity of the person in question to be varied, in accordance with the
terms of the document, after its issue; and the reference in section 3(3)(b)
to a document's identifying a person shall be construed accordingly.

(4) Without prejudice to sections 4(2) and 6, nothing in this Ordinance shall
preclude its operation in relation to a case where the goods to which a
document relates-

   (a)  cease to exist after the issue of the document; or

   (b)  cannot be identified (whether because they are mixed with other goods
        or for any other reason), and references in this Ordinance to the
        goods to which a document relates shall be construed accordingly.
        (Enacted 1993)

"bill of lading" (提單), "Sea waybill" (海運貨單) and "ship's delivery
order" (船舶 交貨單)

"contract of carriage" (運輸合約)

"holder" (持有人)

"information technology" (資訊科技)

"telecommunications system" (電訊系統)