Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 12A

Admiralty jurisdiction of Court of First Instance

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Admiralty jurisdiction of the Court of First Instance shall consist
of- (Amended 25 of 1998 s. 2)

   (a)  jurisdiction to hear and determine any of the questions and claims
        mentioned in subsection (2);

   (b)  jurisdiction in relation to any of the proceedings mentioned in
        subsection (3);

   (c)  any other Admiralty jurisdiction which it had immediately before the
        commencement of the Supreme Court (Amendment) Ordinance 1989 (3 of
        1989).

(2) The questions and claims referred to in subsection (1)(a) are-

   (a)  any claim to the possession or ownership of a ship or to the ownership
        of any share therein;

   (b)  any question arising between the co-owners of a ship as to possession,
        employment or earnings of that ship;

   (c)  any claim in respect of a mortgage of or charge on a ship or any share
        therein;

   (d)  any claim for damage received by a ship;

   (e)  any claim for damage done by a ship;

   (f)  any claim for loss of life or personal injury sustained in consequence
        of any defect in a ship or in her apparel or equipment, or in
        consequence of the wrongful act, neglect or default of-

        (i)    the owners, charterers or persons in possession or control of a
               ship; or

        (ii)   the master or crew of a ship, or any other person for whose
               wrongful acts, neglects or defaults the owners, charterers or
               persons in possession or control of a ship are responsible,
               being an act, neglect or default in the navigation or
               management of the ship, in the loading, carriage or discharge
               of goods on, in or from the ship, or in the embarkation,
               carriage or disembarkation of persons on, in or from the ship;

   (g)  any claim for loss of or damage to goods carried in a ship;

   (h)  any claim arising out of any agreement relating to the carriage of
        goods in a ship or to the use or hire of a ship;

   (i)  any claim-

        (i)    under the Salvage Convention 1989;

        (ii)   under any contract for or in relation to salvage services; or

        (iii)  in the nature of salvage not falling within subparagraph (i) or
               (ii); or any corresponding claim in connection with an
               aircraft; (Replaced 35 of 1997 s. 9)

   (j)  any claim in the nature of towage in respect of a ship or an aircraft;

   (k)  any claim in the nature of pilotage in respect of a ship or an
        aircraft;

   (l)  any claim in respect of goods or materials supplied to a ship for her
        operation or maintenance;

   (m)  any claim in respect of the construction, repair or equipment of a
        ship or in respect of dock charges or dues;

   (n)  any claim by a master or member of the crew of a ship for wages

(including any sum allotted out of wages or adjudged by a superintendent to be
due by way of wages);

   (o)  any claim by a master, shipper, charterer or agent in respect of
        disbursements made on account of a ship;

   (p)  any claim arising out of an act which is or is claimed to be a general
        average act;

   (q)  any claim arising out of bottomry;

   (r)  any claim for the forfeiture or condemnation of a ship or of goods
        which are being or have been carried, or have been attempted to be
        carried, in a ship, or for the restoration of a ship or any such goods
        after seizure, or for droits of Admiralty;

   (s)  any claim arising under section 7 of the Merchant Shipping 
        (Prevention and Control of Pollution) Ordinance ( Cap 413). (Replaced
        37 of 1990 s. 12(2))

(3) The proceedings referred to in subsection (1)(b) are-

   (a)  any application to the Court of First Instance under- (Amended 25 of
        1998 s. 2)

        (i)    the Merchant Shipping Acts 1894 to 1979* in their application
               to Hong Kong;

        (ii)   the Merchant Shipping Ordinance ( Cap 281);

        (iii)  the Merchant Shipping (Safety) Ordinance ( Cap 369);

        (iv)   the Merchant Shipping (Liability and Compensation for Oil
               Pollution) Ordinance ( Cap 414); (Amended 55 of 1993 s. 30)

        (v)    the Merchant Shipping (Registration) Ordinance ( Cap 415);
               (Replaced 74 of 1990 s. 104(3). Amended 55 of 1993 s. 30; 24 of
               2005 s. 55)

        (vi)   the Merchant Shipping (Limitation of Shipowners Liability) 
               Ordinance ( Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of
               2005 s. 55)

        (vii)  the Merchant Shipping (Local Vessels) Ordinance ( Cap 548);
               (Added 24 of 2005 s. 55)

   (b)  any action to enforce a claim for damage, loss of life or personal
        injury arising out of-

        (i)    a collision between ships;

        (ii)   the carrying out of or omission to carry out a manoeuvre in the
               case of 1 or more of 2 or more ships; or

        (iii)  non-compliance, on the part of 1 or more of 2 or more ships,
               with the collision regulations;

   (c)  any action by shipowners or other persons under-

        (i)    the Merchant Shipping Acts 1894 to 1979* in their application
               to Hong Kong;

        (ii)   (Repealed 24 of 2005 s. 55)

        (iii)  the Merchant Shipping (Safety) Ordinance ( Cap 369); (Amended
               55 of 1993 s. 30)

        (iv)   the Merchant Shipping (Liability and Compensation for Oil
               Pollution) Ordinance ( Cap 414); (Amended 55 of 1993 s. 30; 24
               of 2005 s. 55)

        (v)    the Merchant Shipping (Limitation of Shipowners Liability) 
               Ordinance ( Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of
               2005 s. 55)

        (vi)   the Merchant Shipping (Local Vessels) Ordinance ( Cap 548),
               (Added 24 of 2005 s. 55) for the limitation of the amount of
               their liability in connection with a ship or other property.
               (Replaced 38 of 1990 Sch. 2)

(4) The jurisdiction of the Court of First Instance under subsection (2)(b)
includes power to settle any account outstanding and unsettled between the
parties in relation to the ship, and to direct that the ship, or any share
thereof, shall be sold, and to make such other order as the court thinks fit.
(Amended 25 of 1998 s. 2)

(5) Subsection (2)(e) extends to-

   (a)  any claim in respect of a liability incurred under Part II of the
        Merchant Shipping (Liability and Compensation for Oil Pollution)
        Ordinance ( Cap 414); and

   (b)  any claim in respect of a liability incurred by the International Oil
        Pollution Compensation Fund under Part III of that Ordinance.
        (Replaced 38 of 1990 Sch. 2)

(6) In subsection (2)(i)-

        (a)	the "Salvage Convention 1989" (1989年救助公約) means the 
International Convention on Salvage 1989 as it has effect under section 9 of
the Merchant Shipping (Collision Damage Liability and Salvage)  Ordinance (
Cap 508);

   (b)  the reference to salvage services includes services rendered in saving
        life from a ship and the reference to any claim under any contract for
        or in relation to salvage services includes any claim arising out of
        such a contract whether or not arising during the provision of the
        services;

   (c)  the reference to a corresponding claim in connection with an aircraft
        is a reference to any claim corresponding to any claim mentioned in
        subsection (2)(i)(i) or (ii) which is available under section 9 of the
        Civil Aviation Ordinance ( Cap 448). (Replaced 35 of 1997 s. 9)

(7) Subsections (1) to (6) apply-

   (a)  in relation to all ships or aircraft, whether British or not and
        whether registered or not and wherever the residence or domicile of
        their owners may be;

   (b)  in relation to all claims, wherever arising (including, in the case of
        cargo or wreck salvage, claims in respect of cargo or wreck found on
        land); and

   (c)  so far as they relate to mortgages and charges, to all mortgages or
        charges, whether registered or not and whether legal or equitable,
        including mortgages and charges created under foreign law.

(8) Nothing in subsection (7) shall be construed as extending to the cases in
which money or property is recoverable under any of the provisions of-

   (a)  the Merchant Shipping Acts 1894 to 1979* in their application to Hong
        Kong;

   (b)  the Merchant Shipping Ordinance ( Cap 281);

   (ba) the Merchant Shipping (Seafarers) Ordinance ( Cap 478); (Added 44 of
        1995 s. 143)

   (c)  the Merchant Shipping (Safety) Ordinance ( Cap 369);

   (d)  the Merchant Shipping (Liability and Compensation for Oil Pollution)
        Ordinance ( Cap 414); (Replaced 38 of 1990 Sch 2. Amended 55 of 1993
        s. 30)

   (e)  the Merchant Shipping (Registration) Ordinance ( Cap 415); (Added 74
        of 1990 s. 104(3). Amended 55 of 1993 s. 30; 24 of 2005 s. 55)

   (f)  the Merchant Shipping (Limitation of Shipowners Liability)  Ordinance
        ( Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of 2005 s. 55)

   (g)  the Merchant Shipping (Local Vessels) Ordinance ( Cap 548). (Added 24
        of 2005 s. 55) (Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 20 U.K.]
        ___________________________________________________________________________
        Note:

* Please also see following-

   (a)  in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to
        Cap 415 and s. 1 of Schedule 2 to Cap 508;

   (b)  in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of
        Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

"Salvage Convention 1989" (1989年救助公約)