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

2C. Limitations on liability
(1) The limitations on liability in Article 21 or 22, as may be appropriate, of the Montreal 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 limitations for each passenger in Article 21 or paragraph (1) of Article 22, as may be appropriate, of the Montreal Convention apply 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 21 or 22, as may be appropriate, of the Montreal 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 21 or 22, as may be appropriate, of the Montreal 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 amounts which for the purposes of Article 21, 22 or 23, as may be appropriate, of the Montreal Convention are to be taken as equivalent for a particular day to the sums expressed in Special Drawing Rights or monetary units 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 21, 22 or 23, as may be appropriate, of the Montreal Convention, 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 the limitations on liability, however expressed, in Articles 21 and 22 of the Montreal Convention include, subject to any necessary modifications, references to the limits of liability, however expressed, as applied by Articles 30 and 44 of that Convention.

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

2D. Time for bringing proceedings
(1) No action against a carrier’s servant or agent which arises out of damage to which the Montreal 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 35 of the Montreal 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 that Article 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 35 of the Montreal Convention have effect as if references in those provisions to an action included references to an arbitration.
(4) References in this section to a carrier include references to an actual carrier and a contracting carrier as referred to in Article 39 of the Montreal Convention.

2E. Action against State Parties
(1) Every State Party which has not made a declaration under Article 57(a) of the Montreal Convention is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 33 of that 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.
(3) Nothing in this section authorizes the issue of execution against the property of a State Party.
(4) In the case of an action for damages that is contemplated in Article 45 of the Montreal Convention, the reference to Article 33 of that Convention in subsection (1) includes a reference to Article 46 of that Convention.

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

3. The amended Convention to have the force of law
(Amended E.R. 4 of 2023)(1) The provisions of the amended Convention as set out in Schedule 1, 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 amended Convention applies, irrespective of the nationality of the aircraft performing that carriage. (Amended 22 of 2005 s. 6)
(2) Notwithstanding subsection (1), where the Montreal Convention applies to a carriage by air to which the amended Convention applies (whether or not the Guadalajara Convention also applies), the provisions in this Part do not apply to that carriage by air. (Added 22 of 2005 s. 6)
[1961 c. 27 s. 1(1) U.K.]

4. References to territory of High Contracting Party
(1) (Repealed 22 of 2005 s. 7)(2) Paragraph (2) of Article 40A of the amended Convention does not extend the references in that Convention to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.
(3) (Repealed 22 of 2005 s. 7)[1961 c. 27 s. 2 U.K.]

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