the travaux préparatoires hague rules hague-visby rules - Comite ...

190 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby Rulesmany men who were at the Hague who are here, we all deliberately intended to includea bill of lading that was put in circulation whether under a charter or without a charter.The test was: is the bill of lading put in circulation? If so, it comes under the Rules, I understoodthat we were all agreed at the Hague that we did not want to interfere with absolutefreedom of contract in regard to the chartering of ships, so long as the transactionwas carried out throughout strictly under the terms of that charter, and there was nochance of any [360] uninformed person becoming interested under any bills of ladingor similar documents in the cargo. That was so carried. That is right, Sir, is it not?The Chairman: Sir Norman Hill appeals to me. My recollection is entirely in accordancewith what he has just said. That was what I understood to be the view of thebusinessmen who agreed upon what I may call the Hague compact.Afternoon sitting of 10 October 1922[370]Sir Leslie Scott: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Rules as they are drafted in Article 3(3), say this: “After receiving the goods intohis charge [371] the carrier or master or agent of the carrier shall on the demand ofthe shipper issue a bill of lading showing amongst other things” so and so. That is theoriginal Hague Rules. The alteration made in the amended Rules is purely verbal; itsays: “shall on demand issue to the shipper a bill of lading showing amongst otherthings” so and so. That bill of lading is either to be the contract between the partiescontaining all the terms of these rules or it is to remain a mere receipt as between thoseoriginal parties, the charterer and the shipowner, the contract being still contained inthe charter party. Which of those two solutions is the best one in business, is a matterthat commercial men must discuss and decide. All I want to do is to get that clear, andI want to see whether Sir Stephen Demetriadi is following my point, because he representssome important cargo interests and it is essential that they should appreciatethe point of substance that is involved. I asked a question of Sir Norman Hill when hewas addressing us so clearly and lucidly as he did; would the shipowner who has enteredinto a charter be entitled to say to the charterer: If you want a bill of lading whichex hypothesi of course will be a bill of lading incorporating these Rules, because theseRules will be a matter of law, I want an extra freight? If the bill of lading is to remaina mere receipt of course the question would be meaningless. If the bill of lading is tosupersede the charter as regards the terms of carriage it is a question of great moment.The Chairman: He is to say that at the time of making the charter.Sir Leslie Scott: He is to say that at the time of [372] making the charter or afterthe charter has been made. You must decide which it is to be. Anyhow even althoughas between the charterer and the shipowner the bill of lading may remain a mere receipt,if the charterer negotiates that bill of lading, it will become the contract of carriageas between the endorsee for value and the shipowner, and then put upon theshipowner all the obligations of the Hague Rules, which ex hypothesi would then havebecome law. Consequently that question of the relation of chartered shipments tothese proposals is one upon which a decision is necessary as to what is wanted, andthen only a very few words are needed to make it clear that that wish of the commercialcommunity is successfully expressed in the Hague Rules. (Applause).The Chairman: I do not know if Sir Stephen Demetriadi would wish to say anythingupon what Sir Leslie Scott has just said?Sir Stephen Demetriadi: May I ask Dr. Eric Jackson to answer on behalf of theFederation. He is our legal adviser.Dr. Eric Jackson: I am really answering the Solicitor General and not the ConferenceI take it?