Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 12B

Mode of exercise of Admiralty jurisdiction

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Subject to section 12C an action in personam may be brought in the
Court of First Instance in all cases within the Admiralty jurisdiction of that
court.

(2) In the case of any such claim as is mentioned in section  12A (2)(a), (c)
or (r) or any such question as is mentioned in section  12A (2)(b), an action
in rem may be brought in the Court of First Instance against the ship or
property in connection with which the claim or question arises and such action
shall be deemed to be brought by and upon the issue of the writ in rem.

(3) In any case in which there is a maritime lien or other charge on any ship,
aircraft or other property for the amount claimed, an action in rem may be
brought in the Court of First Instance against that ship, aircraft or
property.

(4) In the case of any such claim as is mentioned in section  12A (2)(e) to
(q), where-

   (a)  the claim arises in connection with a ship; and

   (b)  the person who would be liable on the claim in an action in
personam ("the relevant person") was, when the cause of action arose, the
owner or charterer of, or in possession or in control of, the ship, an action
in rem may (whether or not the claim gives rise to a maritime lien on that
ship) be brought in the Court of First Instance against-

        (i)    that ship, if at the time when the action is brought the 
               relevant person is either the beneficial owner of that ship as
               respects all the shares in it or the charterer of it under a
               charter by demise; or

        (ii)   any other ship of which, at the time when the action is
               brought, the relevant person is the beneficial owner as
               respects all the shares in it.

(5) In the case of a claim in the nature of towage or pilotage in respect of
an aircraft, an action in rem may be brought in the Court of  First Instance
against that aircraft if, at the time when the action is brought, it is
beneficially owned by the person who would be liable on the claim in an action
in personam.

(6) Where, in the exercise of its Admiralty jurisdiction, the Court 
of First Instance orders any ship, aircraft or other property to be sold, the
court shall have jurisdiction to hear and determine any question arising as to
the title to the proceeds of sale.

(7) In determining for the purposes of subsections (4) and (5) whether a
person would be liable on a claim in an action in personam it shall be assumed
that he has his habitual residence or a place of business within Hong Kong.

(8) where, as regards any such claim as is mentioned in section  12A (2)(e) to
(q), a ship has been served with a writ or arrested in an action in rem
brought to enforce that claim, no other ship may be served with a writ or
arrested in that or any other action in rem brought to enforce that claim; but
this subsection does not prevent the issue, in respect of any one such claim,
of a writ naming more than 1 ship or of 2 or more writs each naming a
different ship. (Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2) [cf. 1981 c.
54 s. 21 U.K.]