【正文】
e in consequence of a breach of the contract of carriage。 and(b) subsection (1) operates in relation to that document so that rights of suit in respect of that breach are vested in another person,the other person shall be entitled to exercise those rights for the benefit of the person who sustained the loss or damage to the same extent as they could have been exercised if they had been vested in the person for whose benefit they are exercised.(5) Where rights are transferred by virtue of the operation of subsection (1) in relation to any document, the transfer for which that subsection provides shall extinguish any entitlement to those rights which derives(a) where that document is a bill of lading, from a person39。s having been an original party to the contract of carriage。 or(b) in the case of any document to which this Ordinance applies, from the previous operation of that subsection in relation to that document,but the operation of that subsection shall be without prejudice to any rights which derive from a person39。s having been an original party to the contract contained in, or evidenced by, a sea waybill and, in relation to a ship39。s delivery order, shall be without prejudice to any rights deriving otherwise than from the previous operation of that subsection in relation to that order.Section 5 Liabilities under shipping documents (1) Where section 4(1) operates in relation to any document to which this Ordinance applies and the person in whom rights are vested by virtue of that subsection(a) takes or demands delivery from the carrier of any of the goods to which the document relates。(b) makes a claim under the contract of carriage against the carrier in respect of any of those goods。 or(c) is a person who, at a time before those rights were vested in him, took or demanded delivery from the carrier of any of those goods,that person shall (by virtue of taking or demanding delivery or making the claim or, in a case falling within paragraph (c), of having the rights vested in him) bee subject to the same liabilities under that contract as if he had been a party to that contract.(2) Where the goods to which a ship39。s delivery order relates form a part only of the goods to which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this section in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate.(3) This section, so far as it imposes liabilities under any contract on any person, shall be without prejudice to the liabilities under the contract of any person as an original party to the contract.Section 6 Representations in bills of lading A bill of lading which(a) represents goods to have been shipped on board a vessel or to have been received for shipment on board a vessel。 and(b) has been signed by the master of the vessel or by a person who was not the master but had the express, implied or apparent authority of the carrier to sign bills of lading,shall, in favour of a person who has bee the lawful holder of the bill, be conclusive evidence against the carrier of the shipment of the goods or, as the case may be, of their receipt for shipment.Section 7 Regulations Version Date: 01/07/2000 (1) The Secretary for Commerce and Industry may by regulation make provision for the application of this Ordinance to cases where a telemunications system or any other information technology is used for effecting transactions corresponding to (Amended 36 of 2000 s. 28。 . 173 of 2000)(a) the issue of a document to which this Ordinance applies。(b) the endorsement, delivery or other transfer of such a document。 or(c) the doing of anything else in relation to such a document.(2) Regulations under subsection (1) may(a) make such modifications as the Secretary for Commerce and Industry considers appropriate in connection with the application of this Ordinance to any case mentioned in that subsection。 and (Amended . 173 of 2000)(b) contain supplemental, incidental, consequential and transitional provisions.Section 8 HagueVisby Rules V The provisions of this Ordinance shall have effect without prejudice to the application, in relation to any case, of the provisions of the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on 25 August 1924 as amended by the Protocol signed at Brussels on 23 February 1968 (known as the HagueVisby Rules), so far as those Rules have the force of law in Hong Kong.Section 9 (Omitted as spent)