Sea carriers' liabilities in relation to bills of lading in Hong Kong

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Sea carriers' liabilities in relation to bills of lading in Hong Kong


Author: Lin, Ying-kwan Olive
Title: Sea carriers' liabilities in relation to bills of lading in Hong Kong
Degree: M.Sc.
Year: 2009
Subject: Hong Kong Polytechnic University -- Dissertations.
Bills of lading -- China -- Hong Kong.
Maritime law -- China -- Hong Kong.
Freight and freightage -- China -- Hong Kong.
Contracts, Maritime -- China -- Hong Kong.
Department: Graduate School of Business
Pages: 146 leaves ; 30 cm.
Language: English
Abstract: A bill of lading plays an important role in the context of the carriage of goods by sea as a tool to protect the interests of the bill holder against the carrier. In Hong Kong, the Carriage of Goods by Sea Ordinance (Cap. 462) adopts the Hague Visby Rules, which governs the bill of lading contracts. It is important for the carrier and shipper to have a better understanding of the obligations and immunities of the carrier under the bill of lading contracts as set out in the Hague Visby Rules as well as under the common law. After Hong Kong's return to China in 1997, English precedents no longer have binding effect on local Courts in Hong Kong. Since English precedents only have persuasive effect in Hong Kong Courts, the studying of Hong Kong cases will therefore become more important in the future. It would be particularly useful for the carrier or people working in the shipping industry to understand the development of the bill of lading law in Hong Kong. This dissertation is going to present and discuss liabilities of carriers in the area of the carriage of goods by sea law in Hong Kong. The relevant ordinances and the Hague Visby Rules will also be examined.

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