Revision of limits of liability in Montreal Convention to be gazetted Friday
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Details of the revision are as follows:
(a) the limit of liability for each passenger for damage sustained in case of death or bodily injury of a passenger is increased from 128,821 Special Drawing Rights as defined by the International Monetary Fund (SDRs) (Note) to 151,880 SDRs;
(b) the limit of liability for each passenger in relation to damage caused by delay in the carriage of persons is increased from 5,346 SDRs to 6,303 SDRs;
(c) the limit of liability for each passenger in case of destruction, loss, damage or delay in relation to the carriage of baggage is increased from 1,288 SDRs to 1,519 SDRs; and
(d) the limit of liability in case of destruction, loss, damage or delay in relation to the carriage of cargo is increased from 22 SDRs per kilogram to 26 SDRs per kilogram.
The limits of liability in respect of the carriage of passengers, baggage and cargo stipulated in the Montreal Convention are subject to regular review by the International Civil Aviation Organization (ICAO) every five years based on a built-in mechanism. The liability limits will be revised if an inflation factor exceeds 10 per cent to enable timely updating of the liability limits to reflect changing prices.
A spokesman for the Transport and Logistics Bureau said, "As advised by the ICAO recently, the latest review has been completed and concluded that the inflation factor is 17.9 per cent and the limits of liability will be revised with effect from December 28."
Airlines operating scheduled services to and from Hong Kong, including all Hong Kong Air Operator's Certificate holders and Board of Airline Representatives in Hong Kong, have been notified of the review of limits of liability conducted by the ICAO and the revision to the limits of liability.
The Montreal Convention is an international instrument governing carriers' liability for injury or death of passengers, damage or loss of baggage and cargo and losses caused by delays. Hong Kong has implemented it through the Carriage by Air Ordinance (Cap 500). The limits of liability specified in Schedule 1A and 3 are revised pursuant to Section 21 of the Ordinance.
Note: Special Drawing Right is an international monetary unit established by the International Monetary Fund. At current market exchange rate, 1 SDR roughly equals US$1.3.
Ends/Wednesday, December 11, 2024
Issued at HKT 12:13
Issued at HKT 12:13
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