### Enduring Powers of Attorney Ordinance 《持久授權書條例》

15. Appointment of joint and several attorneys
(1) An instrument which appoints more than one attorney cannot create an enduring power unless the attorneys are appointed to act jointly or jointly and severally.
(2) The provisions of this Ordinance apply to joint attorneys subject to the following—
(a) the reference in section 6(a) to the time of the execution of the instrument by the attorney must be read as a reference to the time when the second or last attorney executed the instrument;
(b) the reference to the attorney in sections 7(a) and 13(1)(b) and (f) must be read as a reference to any attorney under the power.
(3) The provisions of this Ordinance apply to joint and several attorneys subject to the following—
(a) a failure as respects one attorney to comply with the requirements of the creation of the power operates to prevent the instrument from creating such a power in relation to him, but does not affect its efficacy for that purpose as respects the other or other attorneys in relation to whom those requirements have been complied with or its efficacy for the purpose of creating a power of attorney which is not an enduring power;
(b) the instrument may be registered by any one of the attorneys;
(c) the reference to the death of the attorney in section 13(1)(f) must be construed as a reference to the last of the remaining attorneys under the power;
(d) with regard to section 13(1)(b)—
(i) the reference to the bankruptcy of the attorney in that section must be construed as a reference to the bankruptcy of the last remaining attorney under the power; and
(ii) any other attorney who becomes bankrupt ceases to be an attorney on his bankruptcy.

16. No waiver of requirements of Ordinance
A waiver of the requirements of this Ordinance pursuant to an agreement or otherwise is not valid.

17. Protection against disclaimer by attorney
The following applies in relation to the disclaimer by the attorney under an enduring power—
(a) where the donor is mentally incapable or where the enduring power is registered, a disclaimer by the attorney does not revoke the power unless on application made for that purpose by the attorney, the court confirms that the power is revoked by the disclaimer; 
(b) the court may confirm, under paragraph (a), that a power is revoked by a disclaimer where it is satisfied that the attorney has done whatever is necessary in law to effect a revocation of a power of attorney by a disclaimer; and
(c) where the donor is mentally capable and the instrument creating the enduring power is not registered, a disclaimer by the attorney has the same effect as a disclaimer has in relation to a power of attorney at common law.

### Enduring Powers of Attorney Ordinance 《持久授權書條例》

18. Regulations
(1) The Secretary for Justice may make regulations as regards the form, manner of execution and other matters relating to the creation of an enduring power. (Amended L.N. 362 of 1997)
(2) Without affecting the generality of subsection (1), regulations made under that subsection may—
(a) provide that an instrument does not create an enduring power unless it contains such information, as may be prescribed, explaining the effect of creating an enduring power and the effect of accepting such a power;
(b) specify the form in which the matters in relation to which the attorney has authority to act must be set out in the instrument; and
(c) for the purposes of paragraph (b), specify a list of powers, decisions or other matters with reference to which the attorney is to be given authority to act.
(3) The prescribed form for the instrument creating an enduring power of attorney may provide for the donor to nominate the persons (whose number must not exceed the number specified in the form) to be notified by the attorney before the attorney applies for the registration of the instrument under section 9. (Replaced 25 of 2011 s. 5)

19. Effect of failure to notify persons nominated by donor
Where provision is made under section 18(3) for nomination of persons for the purpose of notification and the donor of an enduring power makes such a nomination, the failure (for whatever reason) by the attorney to notify any person so nominated has the following effect—
(a) it does not preclude the registration of the instrument creating the enduring power;
(b) the enduring power is not invalidated by reason of such failure; and
(c) in any legal proceedings relating to the enduring power, where it considers it appropriate, the court may draw an adverse inference from such failure.

20. Transitional and savings for repeal of section 8(3)(a)
(1) Subject to subsections (2) and (3), the repealed section 8(3)(a) continues to apply to an enduring power of attorney created before the commencement date (pre-existing PA

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

1. Short title
This Ordinance may be cited as the Carriage by Air Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
High Contracting Party (締約方) means a party to any of the following, as may be appropriate—
(a) the amended Convention;
(b) the Guadalajara Convention;
(c) the Warsaw Convention; (Replaced 22 of 2005 s. 3)
Monetary Authority (金融管理專員) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66);
Special Drawing Rights (特別提款權) means units of account used by the International Monetary Fund and known as Special Drawing Rights; (Replaced 22 of 2005 s. 3)
State Party (當事國) means a party to the Montreal Convention; (Added 22 of 2005 s. 3)
the Additional Protocol (《附加議定書》) means the Additional Protocol to the Warsaw Convention the provisions of which are set out at the end of Schedule 1;
the amended Convention (《經修訂公約》) means the Warsaw Convention as amended by the Hague Protocol of 28 September 1955 the provisions of which are set out in Schedule 1;
the Guadalajara Convention (《瓜達拉哈拉公約》) means the Convention supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier signed at Guadalajara on 18 September 1961, the provisions of which are set out in Schedule 2;
the Hague Protocol (《海牙議定書》) means the Protocol to amend the Warsaw Convention signed at The Hague on 28 September 1955;
the Montreal Convention (《蒙特利爾公約》) means the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999, the provisions of which are set out in Schedule 1A; (Added 22 of 2005 s. 3)
the Warsaw Convention (《華沙公約》) means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, including the Additional Protocol, which was established in a single original in the French language, except that in the Guadalajara Convention, the Warsaw Convention

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

2A. Montreal Convention to have the force of law
The provisions of the Montreal Convention as set out in Schedule 1A, 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 this Ordinance, have the force of law in relation to any carriage by air to which the Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.

2B. Fatal accidents
(1) Any liability imposed by paragraph (1) of Article 17 of the Montreal Convention on a carrier in respect of the death of a passenger (in this section referred to as the liability