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SUBSIDIARY LEGISLATION 232.02
CARRIAGE BY AIR (COLONIES, 
PROTECTORATES AND TRUST TERRITORIES) 
ORDER
1st January, 1954
GOVERNMENT NOTICE 22 of 1954.
Title.
Protectorates and Trust Territories) Order.
Interpretation.
"the Act" means the Carriage by Air Act, 1932;
"colony" means any one of the colonies, protectorates or other
territories mentioned in the Second Schedule;
"the Convention" means the Convention for the unification of
certain rules relating to international carriage by air which was
signed on behalf of His late Majesty King George the Fifth at
Warsaw on the 12th day of October, 1929, the provisions of which
are set out in the first annex to the First Schedule.
(2) The Interpretation Act, 1889 * , shall apply for the purposes
of the interpretation of this Order as it applies for the purposes of
the interpretation of an Act of Parliament and as if this Order were
an Act of Parliament.
Application of 
sections 1 and 2 of 
the Act.
3. The provisions of sections 1 and 2 of the Act subject to the
adaptations and modifications as set forth in the First Schedule
shall be and hereby are extended to the territories mentioned in the
Second Schedule.
FIRST SCHEDULE
1. (1) The provisions of the Convention as set out in the First
Annex to this Schedule shall, so far as they relate to the rights and
liabilities of carriers, passengers, consignors, consignees and other
persons and subject to the provisions of this section, have the force
of law in the colony in relation to any carriage by air to which the
Convention applies, irrespective of the nationality of the aircraft
performing that carriage.
(2) Her Majesty may by Order in Council from time to time
certify who are the High Contracting Parties to the Convention, in
respect of what territories they are respectively parties and to what
extent they have availed themselves of the provisions of the
Additional Protocol to the Convention, and any such Order shall,
except in so far it has been superseded by a subsequent Order, be
*52 & 53 Vict. c.63.
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conclusive evidence of the matters so certified.
(3) Any reference in the said First Annex to the territory of any
High Contracting Party to the Convention shall be construed as a
reference to the territories subject to his sovereignty, suzerainty,
mandate or authority, in respect of which he is a party.
(4) Any liability imposed by article 17 of the said First Annex
on a carrier in respect of the death of a passenger shall be in
substitution for any liability of the carrier in respect of the death of
that passenger either under any enactment or at common law and
the provisions set out in the Second Annex to this Schedule shall
have effect with respect to the persons by and for whose benefit the
liability so imposed is enforceable and with respect to the manner
in which it may be enforced.
(5) Any sum in francs mentioned in article 22 of the said First
Annex shall, for the purposes of any action against a carrier, be
converted into sterling, or its equivalent in the local currency, at
the rate of exchange prevailing on the date on which the amount of
any damages to be paid by the carrier is ascertained by the court.
2. Every High Contracting Party to the Convention who has
not availed himself of the provisions of the additional Protocol
thereto shall, for the purposes of any action brought in a court in
the colony in accordance with the provisions of article 28 of the
said First Annex to enforce a claim in respect of carriage
undertaken by him, be deemed to have submitted to the jurisdiction
of that Court, and accordingly rules of court may provide for the
manner in which any action is to be commenced and carried on; but
nothing in this section shall authorise the issue of execution against
the property of any High Contracting Party.
FIRST ANNEX
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES 
RELATING TO INTERNATIONAL CARRIAGE BY AIR
CHAPTER I
SCOPE - DEFINITIONS
Article 1
(1) This Convention applies to all international carriage of
persons, luggage or goods performed by aircraft for reward. It
applies equally to gratuitous carriage by aircraft performed by an
air transport undertaking.
(2) For the purposes of this Convention the expression
"international carriage" means any carriage in which, according to
the contract made by the parties, the place of departure and the
place of destination, whether or not there be a break in the carriage
or a transhipment, are situated either within the territories of two
High Contracting Parties, or within the territory of a single High
Contracting Party, if there is an agreed stopping place within a.
territory subject to the sovereignty, suzerainty, mandate or
authority of another Power, even though that Power is not a party to
this Convention. A carriage without such an agreed stopping place
between territories subject to the sovereignty, suzerainty, mandate
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or authority of the same High Contracting Party is not deemed to be
international for the purposes of this Convention.
(3) A carriage to be performed by several successive air
carriers is deemed. for the purposes of this Convention, to be one
undivided carriage, if it has been regarded by the parties as a single
operation, whether it had been agreed upon under the form of a
single contract or of a series of contracts, and it does not lose its
international character merely because one contract or a series of
contracts is to be performed entirely within a territory subject to the
sovereignty, suzerainty, mandate or authority of the same High
Contracting Party.
Article 2
(1) This Convention applies to carriage performed by the State
or by legally constituted public bodies provided it falls within the
conditions laid down in article 1.
(2) This Convention does not apply to carriage performed
under the terms of any international postal convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
SECTION 1 - PASSENGER TICKET
Article 3
(1) For the carriage of passengers the carrier must deliver a
passenger ticket which shall contain the following particulars:
( a ) the place and date of issue;
( b ) the place of departure and of destination;
( c ) the agreed stopping places, provided that the carrier
may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right the
alteration shall not have the effect of depriving the
carriage of its international character;
( d ) the name and address of the carrier or carriers;
( e ) a statement that the carriage is subject to the rules
relating to liability established by this Convention.
(2) The absence, irregularity or loss of the passenger ticket
does not affect the existence or the validity of the contract of
carriage, which shall none the less be subject to the rules of this
Convention. Nevertheless, if the carrier accepts a passenger
without a passenger ticket having been delivered he shall not be
entitled to avail himself of those provisions of this Convention
which exclude or limit his liability.
SECTION 2 - LUGGAGE TICKET
Article 4
(1) For the carriage of luggage, other than small personal
objects of which the passenger takes charge himself, the carrier
must deliver a luggage ticket.
(2) The luggage ticket shall be made out in duplicate, one part
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for the passenger and the other part for the carrier.
(3) The luggage ticket shall contain the following particulars:
( a ) the place and date o£ issue;
( b ) the place of departure and of destination;
( c ) the name and address of the carrier or carriers;
( d ) the number of the passenger ticket;
( e ) a statement that delivery of the luggage will be made
to the bearer of the luggage ticket;
( f ) the number and weight of the packages;
( g ) the amount of the value declared in accordance with
article 22(2);
( h ) a statement that the carriage is subject to the rules
relating to liability established by this Convention.
(4) The absence, irregularity or loss of the luggage ticket does
not affect the existence or the validity of the contract of carriage,
which shall none the less be subject to the rules of this Convention.
Nevertheless, if the carrier accepts luggage without a luggage ticket
having been delivered, or if the luggage ticket does not contain the
particulars set out at ( d ), ( f ) and ( h ) above, the carrier shall not be
entitled to avail himself of those provisions of the Convention
which exclude or limit his liability.
SECTION 3 - AIR CONSIGNMENT NOTE
Article 5
(1) Every carrier of goods has the right to require the
consignor to make out and hand over to him a document. called an
"air consignment note"; every consignor has the right to require the
carrier to accept this document.
(2) The absence, irregularity or loss of this document does not
affect the existence or the validity of the contract of carriage which
shall, subject to the provisions of article 9, be none the less
governed by the rules of this Convention.
Article 6
(1) The air consignment note shall be made out by the
consignor in three original parts and be handed over with the
goods.
(2) The first part shall be marked "for the carrier", and shall be
signed by the consignor The second part shall be marked "for the
consignee"; it shall be signed by the consignor and by the carrier
and shall accompany the goods. The third part shall be signed by
the carrier and handed by him to the consignor after the goods have
been accepted.
(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of the
consignor may be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out the
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air consignment note, he shall be deemed, subject to proof to the
contrary to have done so on behalf of the consignor.
Article 7
The carrier of goods has the right to require the consignor
to make out separate consignment notes when there is more than
one package.
Article 8
The air consignment note shall contain the following
particulars:
( a ) the place and date of its execution;
( b ) the place of departure and of destination;
( c ) the agreed stopping places, provided that the carrier
may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right the
alteration shall not have the effect of depriving the
carriage of its international character;
( d ) the name and address of the consignor;
( e ) the name and address of the first carrier;
( f ) the name and address of the consignee, if the case so
requires;
( g ) the nature of the goods;
( h ) the number of the packages, the method of packing and
the particular marks or numbers upon them;
( i ) the weight, the quantity and the volume or dimensions
of the goods;
( j ) the apparent condition of the goods and of the packing;
( k ) the freight, if it has been agreed upon, the date and
place of payment, and the person who is to pay it;
( l ) if the goods are sent for payment on delivery, the price
of the goods, and, if the case so requires, the amount of
the expenses incurred;
( m ) the amount of the value declared in accordance with
article 22(2);
( n ) the number of parts of the air consignment note;
( o ) the documents handed to the carrier to accompany the
air consignment note;
( p ) the time fixed for the completion of the carriage and a
brief note of the route to be followed, if these matters
have been agreed upon;
( q ) a statement that the carrier is subject to the rules
relating to liability established by this Convention.
Article 9
If the carrier accepts goods without an air consignment
note having been made out, or if the air consignment note does not
contain all the particulars set out in article 8 ( a ) to ( i ) inclusive and
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( q ), the carrier shall not be entitled to avail himself of the
provisions of this Convention which exclude or limit his liability.
Article 10
(1) The consignor is responsible for the correctness of the
particulars and statements relating to the goods which he inserts in
the air consignment note.
(2) The consignor will be liable for all damage suffered by the
carrier or any other person by reason of the irregularity,
incorrectness or incompleteness of the said particulars and
statements.
Article 11
(1) The air consignment note is  prima facie  evidence of the
conclusion of the contract, of the receipt of the goods and of the
conditions of carriage.
(2) The statements in the air consignment note relating to the
weight, dimensions and packing of the goods, as well as those
relating to the number of packages, are  prima facie  evidence of the
facts stated; those relating to the quantity, volume and conditions
of the goods do not constitute evidence against the carrier except so
far as they both have been, and are stated in the air consignment
note to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the goods.
Article 12
(1) Subject to his liability to carry out all his obligations under
the contract of carriage the consignor has the right to dispose of the
goods by withdrawing them at the aerodrome of departure or
destination, or by stopping them in the course of the journey on any
landing, or by calling for them to be delivered at the place of
destination or in the course of the journey to a person other than the
consignee named in the air consignment note, or by requiring them
to be returned to the aerodrome of departure. He must not exercise
this right of disposition in such a way as to prejudice the carrier or
other consignors and he must repay any expenses occasioned by the
exercise of this right.
(2) If it is impossible to carry out the orders of the consignor
the carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the
disposition of the goods without requiring the production of the
part of the air consignment note delivered to the latter, he will be
liable, without prejudice to his right of recovery from the
consignor, for any damage which may be caused thereby to any
person who is lawfully in possession of that part, of the air
consignment note.
(4) The right conferred on the consignor ceases at the moment
when that of the consignee begins in accordance with article 13.
Nevertheless, if the consignee declines to accept the consignment
note or the goods or if he cannot be communicated with, the
consignor resumes his right of disposition.
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Article 13
(1) Except in the circumstances set out in the preceding article,
the consignee is entitled, on arrival of the goods at the place of
destination, to require the carrier to hand over to him the air
consignment note and to deliver the goods to him, on payment of
the charges due and on complying with the conditions of carriage
set out in the air consignment note.
(2) Unless it is otherwise agreed, it is the duty of the carrier to
give notice to the consignee as soon as the goods arrive.
(3) If the carrier admits the loss of the goods, or if the goods
have not arrived at the expiration of seven days after the date on
which they ought to have arrived, the consignee is entitled to put
into force against the carrier the rights which flow from the
contract of carriage.
Article 14
The consignor and the consignee can respectively enforce
all the rights given them by articles 12 and 13 each in his own
name, whether he is acting in his own interest or in the interest of
another, provided that he carries out the obligations imposed by the
contract.
Article 15
(1) Articles 12, 13 and 14 do not affect either the relations of
the consignor or the consignee with each other or the mutual
relations of third parties whose rights are derived either from the
consignor or from the consignee.
(2) The provisions of articles 12, 13 and 14 can only be varied
by express provision in the air consignment note.
Article 16
(1) The consignor must furnish such information and attach to
the air consignment note such documents as are necessary to meet
the formalities of customs, octroi or police before the goods can be
delivered to the consignee. The consignor is liable to the carrier for
any damage occasioned by the absence, insufficiency or
irregularity of any such information or documents, unless the
damage is due to the fault of the carrier or his agents. 
(2) The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of
the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so
sustained took place on board the aircraft or in the course of any of
the operations of embarking or disembarking.
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Article 18
(1) The carrier is liable for damage sustained in the event of
the destruction or loss of, or of damage to, any registered luggage
or any goods, if the occurrence which caused the damage so
sustained took place during the carriage by air.
(2) The carriage by air within the meaning of the preceding
paragraph comprises the period during which the luggage or goods
are in charge of the carrier, whether in an aerodrome or on board an
aircraft, or, in the case of a landing outside an aerodrome, in any
place whatsoever.
(3) The period of the carriage by air does not extend to any
carriage by land, by sea or by river performed outside an
aerodrome. If, however, such a carriage takes place in the
performance of a contract, for carriage by air, for the purpose of
loading, delivery or transhipment, any damage is presumed, subject
to proof to the contrary, to have been the result of an event which
took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the
carriage by air of passengers luggage or goods.
Article 20
(1) The carrier is not liable if he proves that he and his agents
have taken all necessary measures to avoid the damage or that it
was impossible for him or them to take such measures.
(2) In the carriage of goods and luggage the carrier is not
liable if he proves that the damage was occasioned by negligent
pilotage or negligence in the handling of the aircraft or in
navigation and that, in all other respects, he and his agents have
taken all necessary measures to avoid the damage.
Article 21
If the carrier proves that the damage was caused by or
contributed to by the negligence of the injured person the Court
may, in accordance with the provisions of its own law, exonerate
the carrier wholly or partly from his liability.
Article 22
(1) In the carriage of passengers the liability of the carrier for
each passenger is limited to the sum of 125,000 francs. Where, in
accordance with the law of the Courts seised of the case, damages
may be awarded in the form of periodical payments, the equivalent
capital value of the said payments shall not exceed 125,000 francs.
Nevertheless, by special contract, the carrier and the passenger may
agree to a higher limit of liability.
(2) In the carriage of registered luggage and of goods, the
liability of the carrier is limited to a sum of 250 francs per
kilogram, unless the consignor has made, at the time when the
package was handed over to the carrier, a special declaration of the
value at delivery and has paid a supplementary sum if the case so
requires. In that case the carrier will be liable to pay a sum not
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exceeding the declared sum unless he proves that that sum is
greater than the actual value to the consignor at delivery.
(3) As regards objects of which the passenger takes charge
himself the liability of the carrier is limited to 5,000 francs per
passenger.
(4) The sums mentioned above shall be deemed to refer to the
French franc consisting of 65½ milligrams gold of millesimal
fineness 900. These sums may be converted into any national
currency in round figures.
Article 23
Any provision tending to relieve the carrier of liability or
to fix a lower limit than that which is laid down in this Convention
shall be null and void, but the nullity of any such provision does
not involve the nullity of the whole contract, which shall remain
subject to the provisions of this Convention.
Article 24
(1) In the cases covered by articles 18 and 19 any action for
damages, however founded, can only be brought subject to the
conditions and limits set out in this Convention.
(2) In the cases covered by article 17 the provisions of the
preceding paragraph also apply, without prejudice to the questions
as to who are the persons who have the right to bring suit and what
are their respective rights.
Article 25
(1) The carrier shall not be entitled to avail himself of the
provisions of this convention which exclude or limit his liability if
the damage is caused by wilful misconduct or by such default on
his part as, in accordance with the law of the Court seised of the
case, is considered to be equivalent to wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of
the said provisions, if the damage is caused as aforesaid by any
agent of the carrier acting within the scope of his employment.
Article 26
(1) Receipt by the person entitled to delivery of luggage or
goods without compliant is  prima facie  evidence that the same have
been delivered in good condition and in accordance with the
document of carriage.
(2) In the case of damage, the person entitled to deliver must
complain to the carrier forthwith after the discovery of the damage,
and, at the latest, within three days from the date of receipt in the
case of luggage and seven days from the date of receipt in the case
of goods. In the case of delay the complaint must be made at the
latest within fourteen days from the date on which the luggage or
goods have been placed at his disposal.
(3) Every complaint must be made in writing upon the
document of carriage or by separate notice in writing despatched
within the times aforesaid.
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(4) Failing complaint within the times aforesaid, no action
shall lie against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this Convention
against those legally representing his estate.
Article 28
(1) An action for damages must be brought, at the option of the
plaintiff, in the territory of one of the High Contracting Parties,
either before the Court having jurisdiction where the carrier is
ordinarily resident, or has his principal place of business, or has an
establishment by which the contract has been made or before the
Court having jurisdiction at the place of destination.
(2) Questions of procedure shall be governed by the law of the
Court seised of the case.
Article 29
(1) The right to damages shall be extinguished if an action is
not brought within two years, reckoned from the date of arrival at
the destination, or from the date on which the aircraft ought to have
arrived, or from the date on which the carriage stopped.
(2) The method of calculating the period of limitation shall be
determined by the law of the Court seised of the case.
Article 30
(1) In the case of carriage to be performed by various
successive carriers and falling within the definition set out in the
third paragraph of article 1, each carrier who accepts passengers,
luggage or goods is subjected to the rules set out in this
Convention, and is deemed to be one of the contracting parties to
the contract of carriage in so far as the contract deals with that part
of the carriage which is performed under his supervision.
(2) In the case of carriage of this nature, the passenger or his
representative can take action only against the carrier who
performed the carriage during which the accident or the delay
occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.
(3) As regards luggage or goods, the passenger or consignor
will have a right of action against the first carrier, and the
passenger or consignee who is entitled to delivery will have right of
action against the last carrier, and further, each may take action
against the carrier who performed the carriage during which the
destruction, loss, damage or delay took place. These carriers will be
jointly and severally liable to the passenger or to the consignor or
consignee.
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CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
(1) In the case of combined carriage performed partly by air
and partly by any other mode of carriage, the provisions of this
convention apply only to the carriage by air provided that the
carriage by air falls within the terms of Article 1.
(2) Nothing in this Convention shall prevent the parties in the
case of combined carriage from inserting in the document of air
carriage conditions relating to other modes of carriage, provided
that the provisions of this Convention are observed as regards the
carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract and all special
agreements entered into before the damage occurred by which the
parties purport to infringe the rules laid down by this Convention,
whether by deciding the law to be applied, or by altering the rules
as to jurisdiction, shall be null and void. Nevertheless for the
carriage of goods arbitration clauses are allowed, subject to this
Convention, if the arbitration is to take place within one of the
jurisdictions referred to in the first paragraph of article 28.
Article 33
Nothing contained in this Convention shall prevent the
carrier either from refusing to enter into any contract of carriage, or
from making regulations which do not conflict with the provisions
of this Convention.
Article 34
This Convention does not apply to international carriage by
air performed by way of experimental trial by air navigation
undertakings with the view to the establishment of a regular line of
air navigation, nor does it apply to carriage performed in
extraordinary circumstances outside the normal scope of an air
carrier’s business.
Article 35
The expression "days" when used in this Convention means
current days not working days.
Article 36
The Convention is drawn up in French in a single copy
which shall remain deposited in the archives at the Ministry for
Foreign Affairs of Poland and of which one duly certified copy
shall be sent by the Polish Government to the Government of each
of the High Contracting Parties.
Article 37
(1) This Convention shall be ratified. The instruments of
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ratification shall be deposited in the archives of the Ministry for
Foreign Affairs of Poland, which will notify the deposit to the
Government of each of the High Contracting Parties.
(2) As soon as this Convention shall have been ratified by five
of the High Contracting Parties it shall come into force as between
them on the ninetieth day after the deposit of the fifth ratification.
Thereafter it shall come into force between the High Contracting
Parties who shall have ratified and the High Contracting Party who
deposits his instrument of ratification on the ninetieth day after the
deposit.
(3) It shall be the duty of the Government of the Republic of
Poland to notify to the Government of each of the High Contracting
Parties the date on which this Convention comes into force as well
as the date of the deposit of each ratification.
Article 38
(1) This Convention shall, after it has come into force, remain
open for accession by any State.
(2) The accession shall be effected by a notification addressed
to the Government of the Republic of Poland, which wil1 inform
the Government of each of the High Contracting Parties thereof.
(3) The accession shal1 take effect as from the ninetieth day
after the notification made to the Government of the Republic of
Poland.
Article 39
(1) Any one of the High Contracting Parties may denounce this
Convention by a notification addressed to the Government of the
Republic of Poland, which will at once inform the Government of
each of the High Contracting Parties.
(2) Denunciation shall take effect six months after the
notification of denunciation, and shall operate only as regards the
Party who shall have proceeded to denunciation.
Article 40
(1) Any High Contracting Party may, at the time of signature
or of deposit of ratification or of accession, declare that the
acceptance which he gives to this Convention does not apply to all
or any of his colonies, protectorates, territories under mandate, or
any other territory subject to his sovereignty or his authority or any
territory under his suzerainty.
(2) Accordingly any High Contracting Party may subsequently
accede separately in the name of all or any of his colonies,
protectorates, territories under mandate or any other territory
subject to his sovereignty or to his authority or any territory under
his suzerainty which has been thus excluded by his original
declaration.
(3) Any High Contracting Party may denounce this
Convention, in accordance with its provisions, separately or for all
or any of his colonies, protectorates, territories under mandate or
any other territory subject to his sovereignty or to his authority, or
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any other territory under his suzerainty.
Article 41
Any High Contracting Party shall be entitled not earlier
than two years after the coming into force of this Convention to call
for the assembling of a new international Conference in order to
consider any improvements which may be made in this Convention.
To this end he will communicate with the Government of the
French Republic which will take the necessary measures to make
preparations for such Conference.
This Convention done at Warsaw on the 12th October,
1929, shall remain open for signature until the 31st January, 1930.
(Here follow the signatures on behalf of the following
countries: Germany, Austria, Belgium, Brazil, Denmark, Spain,
France, Great Britain and Northern Ireland, the Commonwealth of
Australia, the Union of South Africa, Greece, Italy, Japan, Latvia,
Luxembourg, Norway, the Netherlands, Poland, Rumania,
Switzerland, Czech-Slovakia, the Union of Soviet. Socialist
Republics, and Yugoslavia.)
ADDITIONAL PROTOCOL
(With reference to Article 2)
The High Contracting Parties reserve to themselves the
right to declare at the time of ratification or of accession that the
first paragraph of article 2 of this Convention shall not apply to
international carriage by air performed directly by the State, its
colonies, protectorates or mandated territories or by any other
territory under its sovereignty, suzerainty or authority.
(This additional Protocol was signed on behalf of the same
countries as those above mentioned.)
SECOND ANNEX
PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT 
OF THE DEATH OF A PASSENGER
1. The liability shall be enforceable for the benefit of such of
the members of the passenger’s family as sustained damage by
reason of his death. 
In this paragraph the expression "member of a family"
means wife or husband, parent, step-parent, grandparent, brother,
sister, half-brother, half sister, child, step-child, grandchild.
Provided that, in deducing any such relationship as
aforesaid, any illegitimate person and any adopted person shall be
treated as being, or as having been, the legitimate child of his
mother and reputed father or, as the case may be, of his adopters.
2. An action to enforce the liability may be brought by the
personal representative of the passenger or by any person for whose
benefit the liability is under the last preceding paragraph
enforceable, but only one action shall be brought in the colony in
respect of the death of any one passenger, and every such action by
whomsoever brought shall be for the benefit of all such persons so
entitled as aforesaid as either are domiciled in the colony or, not
14 [ S.L.232.02
CARRIAGE BY AIR (COLONIES, 
PROTECTORATES AND TRUST TERRITORIES)
being domiciled there, express a desire to take the benefit of the
action.
3. Subject to the provisions of the next succeeding paragraph,
the amount recovered in any such action, after deducting any costs
not recovered from the defendant, shall be divided between the
persons entitled in such proportions as the Court (or, where the
action is tried with a jury, the jury) direct.
4. The Court before which any such action is brought may at
any stage of the proceedings make any such order as appears to the
Court to be just and equitable in view of the provisions of the First
Annex to this Schedule limiting the liability of a carrier and of any
proceedings which have been, or are likely to be, commenced
outside the colony in respect of the death of the passenger in
question.
SECOND SCHEDULE
Aden (Colony and Protectorate) Malta
Bahamas Mauritius
Barbados Nigeria -
Basutoland (a) Colony
Bechuanaland Protectorate (b) Protectorate
Bermuda (c) Cameroons under
United Kingdom trusteeship
British Guinea North Borneo
British Honduras Northern Rhodesia
British Solomon Islands
Protectorate
Nyasaland Protectorate
Cyprus St Helen and Dependencies
Falklands Islands and its
Dependencies
Sarawak
Fiji Settlements of Penang and
Malacca
Gambia (Colony and Protectorate) Seychelles
Gibraltar Sierra Leone (Colony and
Protectorate)
Gilbert and Ellice Islands Colony Singapore
Gold Coast - Somaliland Protectorate
(a) Colony Swaziland Protectorate
(b) Ashanti Tanganyika
(c) Northern Territories Trinidad and Tobago
(d) Togoland under United
Kingdom trusteeship
Uganda Protectorate
Hong Kong Windward Islands -
CARRIAGE BY AIR (COLONIES, 
PROTECTORATES AND TRUST TERRITORIES) [ S.L.232.02 15
EXPLANATORY NOTE
(This note is not part of the Order, but is intended to indicate its 
general purport)
This Order is made under the Carriage by Air Act, 1932,
the provisions of which give effect to the Warsaw Convention. The
Order extends certain rules of the Convention relating to
international carriage by air to the territories mentioned in the
Second Schedule to the Order. It replaces, consolidates and revokes
the Carriage by Air (Colonies, Protectorates and Mandated
Territories) Order, 1934, and certain other related Orders made
under the Act.
Jamaica (including Turks and
Caicos Islands and Cayman
Islands)
Dominica
Grenada
St Lucia
St Vincent
Kenya (Colony and Protectorate) Zanzibar Protectorate.
Leeward Islands -
Antigua
Montserrat
St Christopher, Nevis and
Anguilla
Virgin Islands
