### Merchant Shipping (Liner Conferences) Ordinance 《商船(班輪公會)條例》

8. Restrictions on legal proceedings
(1) Legal proceedings arising out of a dispute relating to the application or operation of the Code may be brought in Hong Kong only in the Court of First Instance.
(2) Proceedings arising out of a dispute to which Article 23(2) applies (disputes to be resolved within the framework of the national jurisdiction concerned) shall not be entertained by the Court of First Instance except as permitted by Article 23(2).
(3) The Court of First Instance shall stay proceedings before it if on the application of a party to the proceedings, made after appearance but before delivering any pleadings or taking any other steps in the proceedings, it is shown that the proceedings arise out of a dispute to which Article 23(4) applies and that—
(a) the dispute has not been referred to conciliation in accordance with Article 23(4) or has been so referred and conciliation proceedings are still in progress; or
(b) the parties to the dispute have made an agreement to which Article 25(1) applies (agreed procedures in lieu of conciliation) which is capable of being, or has been, performed.
(4) The Court of First Instance may attach to a stay granted under subsection (3) such conditions as appear to it appropriate, and in particular, conditions with respect to the institution or prosecution of conciliation or other proceedings.
(5) The Court of First Instance may remove a stay granted under subsection (3) if any condition attached under subsection (4) is not complied with or if at any time it appears to the Court of First Instance that the circumstances are such that a new application for the stay would not be granted.
(6) In relation to an arbitration agreement to which Article 25(1) applies, subsections (3) to (5) of this section shall apply in place of section 20 of the Arbitration Ordinance (Cap. 609). (Amended 17 of 2010 s. 112)
(Amended 25 of 1998 s. 2)

### Merchant Shipping (Liner Conferences) Ordinance 《商船(班輪公會)條例》

9. Time for bringing legal proceedings
(1) No legal proceedings arising out of a dispute relating to the application or operation of the Code shall be brought in Hong Kong after the end of the period of 2 years from the date on which the cause of action accrued or, if later, the end of the period of 6 months from the date on which conciliation proceedings relating to the dispute were completed or abandoned.
(2) The following provisions of the Limitation Ordinance (Cap. 347) shall apply to the limitation period prescribed by subsection (1) as they apply to the limitation periods prescribed by that Ordinance—
(a) section 22(1) (extension of limitation period in case of disability);
(b) section 26 (postponement of limitation period in case of fraud, concealment or mistake);
(c) section 35 (provisions as to set off or counterclaim).

### Merchant Shipping (Liner Conferences) Ordinance 《商船(班輪公會)條例》

11. Chief Executive to be appropriate authority
(1) The appropriate authority for the purposes of the Code is the Chief Executive, or any person authorized by him in writing. (Amended 64 of 1999 s. 3)
(2) Information obtained by the Chief Executive or any authorized person as appropriate authority for the purposes of the Code shall not, without the consent of the person from whom it was obtained, be disclosed except—
(a) for the purpose of the discharge by the Chief Executive or any authorized person of his functions in connection with the Code; or (Amended 64 of 1999 s. 3)
(b) for the purpose of any proceedings arising out of the Code; or
(c) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, whether under this Ordinance or otherwise.
(3) A person who discloses any information in contravention of subsection (2) commits an offence and is liable on conviction to a fine at level 3.
(4) Proceedings for an offence under subsection (3) shall not be brought except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

12. Exclusion of restrictive practice laws
(1) No agreement shall so far as it relates to any restriction to which this section applies be unenforceable by virtue of any rule of law about unreasonable restraint of trade.
(2) This section applies to restrictions of any of the following descriptions which relate to the trade between States which are Contracting Parties to the Code and are accepted within the framework of a conference, that is to say—
(a) restrictions in respect of the provision of international liner services accepted by the operators of such services under an agreement to which 2 or more such operators are parties;
(b) restrictions in respect of the international liner services accepted by operators of such services or persons for whom such services are provided under an agreement to which one or more such operators and one or more such persons are parties;
(c) restrictions in respect of the supply or acquisition of any service in connection with the operation of international liner services accepted by operators of such services or persons in the business of supplying such a service under an agreement to which one or more such operators and one such supplier are parties.
(3) Where a restriction relates only in part to the matters mentioned in subsection (2), this section applies to the restriction so far as it relates to those matters.

### Merchant Shipping (Liner Conferences) Ordinance 《商船(班輪公會)條例》

13. Regulations
(1) The Chief Executive in Council may make regulations for— (Amended 64 of 1999 s. 3)
(a) clarifying the meaning of the provisions of the Code;
(b) supplementing the provisions of the Code;
(c) identifying provisions of the Code as mandatory provisions;
(d) with respect to any mandatory provision, specifying—
(i) the content of the duties expressly or impliedly imposed; and
(ii) the persons owing those duties and the persons to whom those duties are owed;
(e) providing for excluding or restricting, in proceedings for the enforcement of a duty arising under a mandatory provision, liabilities or remedies of any description specified in the regulations; and
(f) giving effect to the Code and generally for the better implementation of the provisions of this Ordinance.
(2) Regulations under subsection (1) may make different provisions for different cases and circumstances, such as for different trades or according to the nationality of the parties involved.

14. Schedules 2 and 3
(1) The Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 are deemed to have been made by the Chief Executive in Council under section 13 and may be amended by the Chief Executive in Council by regulations under that section.
(2) The Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations set out in Schedule 3 are deemed to have been made by the Chief Executive in Council under section 13 and may be amended by the Chief Executive in Council by regulations under that section.
(3) For the avoidance of doubt, it is declared that the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations and the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations in subsections (1) and (2) are subsidiary legislation.
(Amended 64 of 1999 s. 3)

15. Revision of the Code
(1) The Chief Executive in Council may by order published in the Gazette amend Schedule 1 in accordance with any revision to the Code which may apply to Hong Kong from time to time. (Amended 64 of 1999 s. 3)
(2) In this section, revision (修改) means an omission from, addition to or alteration of the Code, and includes the replacement or amendment of the Code to any extent by another agreement and any revision of any such agreement.

16. Power to certify Contracting Parties
The Chief Executive may by order certify which States are Contracting Parties to the Code, and in respect of what countries they are parties, and any such order shall be conclusive evidence of the matters therein certified.
(Amended 64 of 1999 s. 3)