help badly needed MMTD's shipment date

[21vita]

i am confused by the ship date of MMTD, badly need help ....
question 1
sample:
LC require MMTD,and
44a:kowloon(inland point)
44e:hongkong
44f:southampton
44b:manchester

then if MMTD presented shows:
pre-printed words as take in charge /dispatch/ship on board by carrier.....
AND
place of receipt:kowloon
port of loading: hongkong
port of discharge: southampton
place of delivery: manchester
MMTD have an issuance date as Jan,5
AND an additional notation: laden on board hongkong VESSEL XXX on Jan6

THEN which date should be re as shipment date?

in my opinion,,cause KOWLOON is the beginning point lc required
so the issuing date JAN 5 should be re as shipment date.the date of board notation is meaningless and
the notation should be regarded as addtional information.and this information is necessary only when lc required "on board MMTD".
is that right?

2nd question
In case of MMTD required,if the first leg is sea shipment
then dated on board notation must shown on b/l, and if there are an intend vessel,the on board noataion must also shows the ocean vessel actually
loaded.
is that right?
waiting for any comment,,thanks so much.)

[surajaggarwal]

05 Jan as shipment date
even if LC doesnt call for on board MMTD then only on board notation is required if pre printed words arent there
Intended vessel/post of loading/port of discharge (not place) is fine in case of MMTD (no need for on board notation wrt actual)

[Negotiator]

Hi,

For your 1st query, I think ICC Official Opinion TA701 case gives us pretty clear answer.

In addition to the extract of sub-article 19 (a) (ii) stated above, the rule also states "indicate that the goods have been dispatched, taken in charge or shipped on board at the place stated in the credit ... " and "The date of issuance of the transport document will be deemed to be the date of dispatch, taking in charge or shipped on board, and the date of shipment."
The wording "However, if the transport document indicates, by stamp or notation, a date of dispatch, taking in charge or shipped on board, this date will be deemed to be the date of shipment", as referred to by the issuing bank in its justification for the discrepancy, only applies when the notation is in respect of dispatch, taking in charge or shipped on board at the place or port named in the credit for the commencement of the carriage.

So your opinion would be right.

And ICC Official Opinion R642 is clear about your 2nd query : "In case of MMTD required,if the first leg is sea shipment, then dated on board notation must shown on b/l...?"

In all the cases that have been quoted, the credit required shipment from a port to an inland destination. The conclusion to ICC Opinion TA 650rev stated: "A dated on board notation is clearly required when the credit so requests. It is also required when the document evidences the first leg of the carriage as a sea shipment from the place stated in the credit."

UCP Article 20 a.ii. gives an answer for your another question, "and if there are an intend vessel,the on board noataion must also shows the ocean vessel actually loaded. ...?"

If the bill of lading contains the indication "intended vessel" or similar qualification in relation to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required.

Despite UCP Article 19 a.iii.b. states otherwise ("indicate the place of dispatch, taking in charge or shipment and the place of final destination stated in the credit, even if: ... the transport document contains the indication "intended" or similar qualification in relation to the vessel, port of loading or port of discharge.) for MMTD, I personally think that UCP Article 20 is applicable rather than UCP Article 19, keeping in mind that the L/C requires first leg of shipment as sea in your case.

More comments welcome
Regards.
Lee