### Carriage by Air Ordinance 《航空運輸條例》

6. Limitations on liability
(1) The limitations on liability in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced and in particular—
(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and
(b) the limitation for each passenger in paragraph (1) of that Article applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Hong Kong together with any proceedings brought against the carrier outside Hong Kong.
(2) A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that Article and of any other proceedings which have been, or are likely to be, commenced in Hong Kong or elsewhere to enforce the liability in whole or in part.
(3) Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention and which is, or may be, partly enforceable in other proceedings in Hong Kong or elsewhere, has jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
(4) The Monetary Authority may specify in Hong Kong dollars the respective amounts which for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, are to be taken as equivalent for a particular day to the sums expressed in francs in that Article.
(5) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (4) is conclusive evidence of the materials stated in it for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, and a document purporting to be such a certificate is, in any proceedings, to be received in evidence and, unless the contrary is proved, deemed to be such a certificate.
(6) The Monetary Authority may charge a reasonable fee for any certificate given under this section, and every such fee shall be paid into the general revenue.
(7) References in this section to Article 22 of the amended Convention include, subject to any necessary modifications, references to that Article as applied by Article 25A of the amended Convention.
[1961 c. 27 s. 4 U.K.]

### Carriage by Air Ordinance 《航空運輸條例》

7. Time for bringing proceedings
(1) No action against a carrier’s servant or agent which arises out of damage to which the amended Convention relates shall, if the servant or agent was acting within the scope of his employment, be brought after more than 2 years reckoned from—
(a) the date of arrival at the destination;
(b) the date on which the aircraft ought to have arrived; or
(c) the date on which the carriage stopped.
(2) Article 29 of the amended Convention does not apply to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 29 applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.
(3) Subsections (1) and (2) and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration.
[1961 c. 27 s. 5 U.K.]

8. Power to exclude aircraft in use for military purposes
(1) Where the Central People’s Government issues an instruction to the Chief Executive to direct that this section shall apply, or shall cease to apply, to any State or territory specified in the instruction, the Chief Executive shall, by notice in the Gazette, comply with that instruction. (Amended 2 of 2012 s. 3)
(2) The amended Convention does not apply to the carriage of persons, cargo and baggage for the military authorities of a State or territory to which this section applies by virtue of a notice under subsection (1) in aircraft registered in that State or territory if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.
[1961 c. 27 s. 7 U.K.]

9. Actions against High Contracting Parties
(1) Every High Contracting Party to the amended Convention which has not availed itself of the Additional Protocol is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 28 of the amended Convention to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court.
(2) Rules of court may provide for the manner in which an action referred to in subsection (1) is to be commenced and carried on and section 54 of the High Court Ordinance (Cap. 4) is deemed to be amended accordingly. (Amended 25 of 1998 s. 2)
(3) Nothing in this section authorizes the issue of execution against the property of a High Contracting Party.
[1961 c. 27 s. 8 U.K.]

### Carriage by Air Ordinance 《航空運輸條例》

10. Guadalajara Convention to have the force of law
(1) The provisions of the Guadalajara Convention as set out in Schedule 2, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, and subject to section 11, have the force of law in relation to any carriage by air to which the Guadalajara Convention applies, irrespective of the nationality of the aircraft performing that carriage.
[1962 c. 43 s. 1(1) U.K.](2) (Repealed 22 of 2005 s. 9)

11. Application of provisions of sections 6, 7 and 9
(1) In section 6(1), (2) and (3), references to Article 22 of the amended Convention include, subject to any necessary modifications, references to Article VI of the Guadalajara Convention. (Amended 22 of 2005 s. 10)
(2) In section 7 (which limits the time for bringing proceedings against a carrier’s servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in paragraph (c) of Article I of the Guadalajara Convention as well as to a contracting carrier as defined in paragraph (b) of that Article.
(3) In section 9 (which relates to actions against High Contracting Parties brought in Hong Kong in accordance with Article 28 of the amended Convention) the reference to Article 28 includes a reference to Article VIII of the Guadalajara Convention.
[1962 c. 43 s. 3 U.K.]

12. Application
(1) This Part applies to all carriage by air, not being carriage to which the Montreal Convention or the amended Convention applies. (Amended 22 of 2005 s. 12) [App. III, p. CH1 art. 3]
(2) The Governor may by notice in the Gazette direct that, in relation to Hong Kong, any carriage or class of carriage, or any person or class of person is exempted from any of the requirements of this Part, and any such direction may be expressed to be, and if so expressed takes effect, subject to any conditions or limitations which in the circumstances of the case appear to the Governor to be required.
[App. III, p. CH1 art. 6]