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PROVISIONS OF THE LIMITATION OF LIABILITY WITH RESPECT TO THE CARRIAGE OF PASSENGERS BY SEA BETWEEN THE PORTS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-12-17 Effective Date  1994-01-01  

Provisions of the Limitation of Liability With Respect to the Carriage of Passengers by Sea Between the Ports of the People's Republic of China





(Approved by the State Council on November 20, 1993 and promulgated by

Decree No.6 of the Ministry of Communications on December 17, 1993)

    Article 1  These Provisions are enacted in accordance with Article 117 and
Article 211 of "Maritime Code of the People's Republic of China".

    Article 2  These Provisions shall apply to the carriage of passengers by
sea between the ports of the People's Republic of China.

    Article 3  The limitation of liability of the carrier under each carriage
of passengers by sea shall be governed by the following:

    (1) For death of or physical injury to the passenger: not exceeding 40000
yuan RMB per passenger;

    (2) For loss of or damage to the passengers' cabin luggage: not exceeding
800 yuan RMB per passenger;

    (3) For loss of or damage to the passengers' vehicles including the luggage
carried therein: not exceeding 3200 yuan RMB per vehicle;

    (4) For loss of or damage to the passengers' luggage other than those
described in sub-paragraphs (2) and (3) above: not exceeding 20 yuan RMB per
kilogram of the luggage.

    A higher limitation of liability than that set out in sub-paragraph (1)
above may be agreed upon between the carrier and the passenger in writing.

    Article 4  In respect of claims for loss of life or physical injury to
passengers carried by sea, the limitation of liability of the ship owner
thereof shall be an amount of 40000 yuan RMB multiplied by the number of
passengers which the ship is authorized to carry according to the ship's
relevant certificate, but the maximum amount of compensation shall not exceed
21000000 yuan RMB.

    Article 5  The compensation paid to foreigners, overseas Chinese,
compatriots from Hongkong, Macao and Taiwan may be converted into the currency
of the country or region concerned and the rate of exchange shall be decided
as per the listed rate of exchange officially published by foreign exchange
control authority of the People's Republic of China on the day on which the
compensation is paid.

    Article 6  Ministry of Communications of the People's Republic of China
shall be responsible for the interpretation of these Provisions.

    Article 7  These Provisions shall come into force as of January 1, 1994.



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