### Airport Authority Ordinance 《機場管理局條例》

46. Building works etc. exemptions
The Building Authority may—
(a) having regard to the exceptional nature of building or other works connected with the construction or operation of the Airport; and
(b) on such conditions as he may specify, either generally or in any particular case,
exempt from such of the provisions of the Buildings Ordinance (Cap. 123) as he thinks fit such of those works as he may specify, but save as aforesaid the Buildings Ordinance (Cap. 123) shall apply to any building or other works carried out by or on behalf of the Authority.

47. Consequential amendments
(1) As regards any enactment referred to in the Schedule the Chief Executive in Council may by order published in the Gazette make such amendments thereto, being amendments for the purpose of enabling this Ordinance to have effect or amendments which are consequential on its enactment, as shall seem to him to be requisite or expedient.
(2) The Chief Executive in Council may by order published in the Gazette amend the Schedule.
(Amended 36 of 1999 s. 3)

48. Public Health and Municipal Services Ordinance (Cap. 132)—application limited
In its application to the Authority or the Airport Area (or any place or thing in that area) the Public Health and Municipal Services Ordinance (Cap. 132) shall apply subject to the following modifications, namely, none of the following enactments applies as regards any sign or advertisement published, erected or otherwise provided in or at any place in the Airport Area— (Amended E.R. 6 of 2019)
(a) sections 104A to 105 of that Ordinance;
(b) regulations under section 104 of that Ordinance.

50. (Omitted as spent—E.R. 6 of 2019)

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

1. Short title
This Ordinance may be cited as the Merchant Shipping (Liner Conferences) Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
Article means an Article of the Code;
conciliation (調解) means international mandatory conciliation under Chapter VI of the Code, and references to the institution or completion of conciliation proceedings shall be construed in accordance with subsection (2);
conference (公會) has the meaning given to that term by Chapter I of the Code;
judgment (判決), in relation to proceedings arising out of the Code, means any judgment, decree, order, award, recommendation or determination of any description given or made in such proceedings, and references to the giving of a judgment shall be construed accordingly;
mandatory provision (強制性條文), in relation to the Code, means a provision identified as such by the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2;
proceedings arising out of the Code (《守則》所引起的程序) means legal proceedings, conciliation proceedings, arbitration proceedings or any other proceedings for the determination or resolution of a dispute arising out of the Code;
the Code (《守則》) means the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6 April 1974 as set out in Schedule 1 and includes any revision thereof as defined in section 15(2);
trade (貿易、貨載承運、貨運、航運、航線) has the same meaning as in the Code.
(Amended E.R. 5 of 2021)(2) For the purposes of this Ordinance, conciliation proceedings relating to a dispute are instituted when a party to the dispute requests that it be referred to conciliation and are completed when the conciliators notify the parties of their recommendation.

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

3. Application of the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations
(1) Those provisions of the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 which provide that the provisions of Chapters I to V of the Code shall apply—
(a) to a conference which has its seat in Hong Kong, so far as it serves the trade between States which are Contracting Parties to the Code; and
(b) to a conference which does not have its seat in Hong Kong, so far as it serves the trade between Hong Kong and another Contracting Party to the Code, (Amended 23 of 1998 s. 2)
shall so apply whether or not the law of Hong Kong would fall to be applied in accordance with the ordinary rules of international law.
(2) For the purposes of subsection (1) a conference has its seat in Hong Kong if, and only if—
(a) it is incorporated or formed under the law of Hong Kong; or
(b) its central management and control is exercised in Hong Kong.

4. Implied terms in the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations
Where the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations set out in Schedule 2 provide that a mandatory provision of the Code has effect as an implied term of a contract, then—
(a) any agreed terms which are to any extent inconsistent with that term shall to that extent be of no effect; and
(b) without prejudice to paragraph (a), any agreed provision for the settlement of disputes arising out of the contract shall apply to disputes arising out of that term only if—
(i) the parties to the contract have expressly agreed that that provision shall apply to such disputes; or
(ii) the parties to the dispute in question agree that it should apply to that dispute.

5. Power to exclude or restrict operation of the Code for lack of reciprocity
Where, after consultation with the Chief Executive, it appears to the Central People’s Government that—
(a) a State which is a Contracting Party to the Code has made reservations when becoming a party to the Code or has materially failed to fulfil its obligations under the Code; and
(b) the implementation of those reservations or, as the case may be, the failure to fulfil those obligations is damaging to or threatens to damage the shipping or trading interests of Hong Kong,
the Chief Executive in Council may, with the concurrence of the Central People’s Government, by regulations exclude or restrict the operation of all or any of the provisions of Chapters I to V of the Code, as they apply by virtue of regulations made under this Ordinance, in relation to trade with that State or in relation to persons having any such connection with that State as may be specified in the regulations.
(Amended 64 of 1999 s. 3)

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

7. Proceedings by or against unincorporated conferences
(1) A conference which is not a body corporate may sue and be sued in its own name in proceedings arising out of the Code.
(2) Subsection (1) applies to any proceedings in Hong Kong and to proceedings elsewhere in which the capacity of a conference to sue and be sued in its own name falls to be determined by reference to the law of Hong Kong.
(3) A judgment given for or against an unincorporated conference in proceedings brought against the conference in its own name, whether in Hong Kong or elsewhere, shall be binding on the members of the conference, and such a judgment given against a conference shall be enforceable—
(a) against any property held in trust for the purposes of the conference, to the like extent and in the like manner as if the conference were a body corporate; and
(b) subject to section 6(6), against any member of the conference.
(4) Subsection (3) applies to judgments given by a court of Hong Kong or which are enforceable or entitled to recognition in Hong Kong.