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

13. Non-international carriage, and carriage of mail and postal packages
Schedule 3 has effect in respect of carriage to which this Part applies, being either—
(a) carriage which is not international carriage as defined in Schedule 4; or
(b) carriage of mail or postal packages.
[App. III, p. CH1 art. 4]

14. International carriage under the Warsaw Convention
(1) This section and Schedule 4 have effect in respect of carriage to which this Part applies, being carriage which is international carriage as defined in that Schedule. [App. III, p. CH1 art. 5(1)]
(2)-(3) (Repealed 22 of 2005 s. 13)(4) Every High Contracting Party to the Warsaw Convention which has not availed itself of the Additional Protocol is deemed, for the purposes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 in Part I of Schedule 4 to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court.
(5) Rules of court may provide for the manner in which an action referred to in subsection (4) 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)
(6) Nothing in this section authorizes the issue of execution against the property of a High Contracting Party.
[1961 c. 27 s. 8 U.K. as applied by App. III, p. CH1 Sch. 3]

15. Fatal accidents
(1) Any liability imposed by paragraph (1) of Article 17 of Schedule 3 or Article 17 in Part I of Schedule 4, as may be appropriate, on a carrier in respect of the death of a passenger (in this section called the liability

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

17. Time for bringing proceedings
(1) No action against a carrier’s servant or agent which arises out of damage to which the Warsaw Convention relates shall, if he was acting within the scope of his employment, be brought after more than 2 years reckoned from— (Amended 22 of 2005 s. 16)
(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 35 of Schedule 3, or Article 29 in Part I of Schedule 4, as may be appropriate, 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 that Article applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. (Replaced 22 of 2005 s. 16)
(3) Subsections (1) and (2) and Article 35 of Schedule 3 and Article 29 in Part I of Schedule 4 have effect as if references in those provisions to an action included references to an arbitration. (Amended 22 of 2005 s. 16)
[1961 c. 27 s. 5 U.K. as applied by App. III, p. CH1 Sch. 1]

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

18. Application of provisions of sections 16 and 17
(1) In section 16(1), (2) and (3) (which explains the limitations on liability in Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, and enables a court to make appropriate orders and awards to give effect to those limitations) references to Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, include, subject to any necessary modifications, references to Article 44 of Schedule 3, or Article VI in Part II of Schedule 4, as may be appropriate. (Replaced 22 of 2005 s. 17)
(2) In section 17 (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 Article 39 of Schedule 3 and paragraph (c) of Article I in Part II of Schedule 4. (Amended 22 of 2005 s. 17) 
[1962 c. 43 s. 3 U.K. as applied by App. III, p. CH1 Part II of Sch. 1]

19. Application of this Ordinance
(1) This Ordinance binds the Crown.
(2) Subject to subsection (3), Parts IA, II and III apply to gratuitous carriage by the Crown as they apply to carriage by the Crown for reward. (Amended 22 of 2005 s. 18) [App. III, p. CH1 art. 8(1)(a)]
(3) The Crown is not precluded by paragraph (2) of Article 3 of the amended Convention as applied by Part II from availing itself of the provisions of Article 22 of that Convention (which provides for the limitation of the carrier’s liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice.
[App. III, p. CH1 art. 8(1)(b)]

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

21. Revision of limits of liability specified in Schedules 1A and 3
(1) Where the limits of liability specified in Article 21, 22 or 23 of the Montreal Convention have been revised in accordance with Article 24 of that Convention, the Director-General of Civil Aviation shall, by notice published in the Gazette, announce—
(a) such revision; and
(b) the date on which such revision becomes effective under Article 24 of that Convention.
(2) Where the Director-General of Civil Aviation makes an announcement under subsection (1) in respect of Article 21, 22 or 23 of the Montreal Convention, the limits of liability specified in Article 21, 22 or 23, as the case may be, of Schedule 1A and Article 21 or 22, as the case may be, of Schedule 3 shall, as from the date so announced, have effect subject to the revision so announced.
(3) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply to a notice published under subsection (1).
(Added 22 of 2005 s. 20)