a record and confirm itby appending their signatures to the record.Article 26With respect to the liabilities of shippers and enterprises that areengaged in port handling for the damage and loss of containers andcontainer goods, before the hand-over operations, the liabilities shall betaken up by the handing-over party; after the hand-over operations, theliabilities shall be taken up by the receiving party. However, if, within180 days immediately after the hand-over operations, the receiving partyis able to produce evidence to testify to the fact that the damage of thecontainers, or the damage and loss of container goods, were caused by thehanding-over party, then the handing-over party shall take up theliabilities for compensation, unless otherwise provided by law.
Article 27Unless otherwise provided by law, shippers and consignors shall, inaccordance with the following provisions, take up the liabilities for thedamage or loss of container goods:(1) With respect to those goods, the vanning of which is done by theshippers, if the goods in the containers are damaged or are short innumber or quantity during the period of time from the day the shippersreceive the goods to the day when the goods reach their destination butbefore they are handed over to the consignees, the shippers shall take upthe liabilities for the damage or shortage.(2) With respect to those goods, the vanning of which is done by theconsignors, if the container bodies and the marking seals have remainedintact but the goods (in the containers) have been damaged or are short innumber or quantity during the period of time from the completion of thevanning and the completion of the procedures for consignment to the daybefore the containers are handed over to the consignees, the consignorsshall take up the liabilities for the damage or shortage; if the containerbodies are damaged or the marking seals broken, and the goods in thecontainers are also damaged or are short in number or quantity, theshippers shall take up the liabilities for the damage or shortage.The time limits for shippers and consignors or consignees to raise claimsfor compensation shall be limited to no more than 180 days, beginning fromthe day when container goods are handed over, unless otherwise provided bylaw.Article 28In case that the consignors' inaccurate or false declaration on containergoods has resulted in injuries and death of personnel, or in the loss ofmeans of transport of the goods proper and the containers, or of othergoods, the consignors shall bear the liabilities for the consequencesarising therefrom.Article 29In case that the fault of the person in charge of the vanning has resultedin injuries and death of personnel, or in the loss of means of transport,of other goods, or containers, the aforesaid person shall bear theliabilities for the consequences arising therefrom.Article 30In case that the damage or shortage in number or quantity of containergoods involves a claim for compensation from a foreign unit, whichnecessitates an appraisal and the issue of the relevant certificate by theadministrative department for commodity inspection, the case shall behandled in accordance with the provisions in the Law of the People'sRepublic of China on the Inspection of Import and Export Commodities. Incase that the shortage in number or quantity of containers or containergoods involves a claim for compensation from a foreign unit, whichnecessitates the issue of the relevant certificate by the tallydepartment, the case shall be handled in accordance with the pertinentprovisions.
【章名】Chapter V Provisions on Penalties
Article 31With respect to those who are engaged in container transport businesswithout a business licence for handling transport business, the competentdepartment for communications shall order them to cease businessoperations, and penalties shall be imposed on them by the administrativedepartment for industry and commerce.Article 32With respect to those who have received shipping charges in violation ofthese Provisions and the relevant laws and regulations of the State oncommodity prices, they shall be penalized by the department for thecontrol of commodity prices.Article 33With respect to those who have violated the administration of transportdocuments, they shall be given an administrative warning or a pecuniarypenalty by the competent department for communications in light of theseriousness of the cases.Article 34With respect to those who have disturbed the normal order oftransportation or have expanded their scope of business withoutauthorization, they shall be ordered by the competent department forcommunications to carry out rectification of their business, and shall bepenalized by the administrative department for industry and commerce.Article 35In the event that the person concerned does not accept the decision onpenalties, he/she may, within 15 days as of the first day after thereceipt of the notice of the decision on penalties, appeal to thecompetent department immediately above the punishing department forreconsideration of the aforesaid decision on penalties. The competentdepartment that has received the appeal for reconsideration shall, within30 days (after receiving the appeal), make the decision onreconsideration. If the person concerned still does not accept thedecision of the reconsideration, he/she may, within 15 days immediatelyafter receiving the decision on reconsideration, bring a suit before apeople's court. If the person concerned neither appeal forreconsideration, nor bring a suit before the people's court, nor executethe decision on penalties or the decision of the reconsideration withinthe prescribed period of time, the department that has made the decisionon penalties may apply to the people's court for enforcement.
【章名】Chapter VI Supplementary Provisions
Article 36The right to interpret these Provisions resides in the Ministry ofCommunications. The Ministry of Communications may formulate the rules forimplementation in accordance with these Provisions.Article 37These Provisions shall go into effect as of the date of promulgation.
庫 名: 01. 國家法律法規(guī)庫(49年--94年)(全 部)
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