Hong Kong Ordinances

BILLS OF LADING AND ANALOGOUS SHIPPING DOCUMENTS ORDINANCE - SECT 5

Liabilities under shipping documents

(1) Where section 4(1) operates in relation to any document to which this
Ordinance applies and the person in whom rights are vested by virtue of that
subsection-

   (a)  takes or demands delivery from the carrier of any of the goods to
        which the document relates;

   (b)  makes a claim under the contract of carriage against the carrier in
        respect of any of those goods; or

   (c)  is a person who, at a time before those rights were vested in him,
        took or demanded delivery from the carrier of any of those goods, that
        person shall (by virtue of taking or demanding delivery or making the
        claim or, in a case falling within paragraph (c), of having the rights
        vested in him) become subject to the same liabilities under that
        contract as if he had been a party to that contract.

(2) Where the goods to which a ship's delivery order relates form a part only
of the goods to which the contract of carriage relates, the liabilities to
which any person is subject by virtue of the operation of this section in
relation to that order shall exclude liabilities in respect of any goods to
which the order does not relate.

(3) This section, so far as it imposes liabilities under any contract on any
person, shall be without prejudice to the liabilities under the contract of
any person as an original party to the contract. (Enacted 1993)