Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 12C

Restrictions on entertainment of actions in personam in collision and other similar cases

Caution: This is a past version. See the current version here.

(1) This section applies to any claim for damage, loss of lift or personal
injury arising out of-

   (a)  a collision between ships;

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

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

(2) The High Court shall not entertain any action in personam to enforce a
claim to which this section applies unless-

   (a)  the defendant has his habitual residence or a place of business in
        Hong Kong;

   (b)  the cause of action arose within the waters of Hong Kong; or

   (c)  an action arising out of the same incident or series of incidents is
        proceeding in the court or has been heard and determined in the court.

(3) The High Court shall not entertain any action in personam to enforce a
claim to which this section applies until any proceedings previously brought
by the plaintiff in any court outside Hong Kong against the same defendant in
respect of the same incident or series of incidents have been discontinued or
otherwise come to an end.

(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims
in proceedings arising out of the same incident or series of incidents) as
they apply to actions, the references to the plaintiff and the defendant being
for this purpose read as references to the plaintiff on the counterclaim and
the defendant to the counterclaim respectively.

(5) Subsections (2) and (3) shall not apply to any action or counterclaim if
the defendant thereto submits or has agreed to submit to the jurisdiction of
the court.

(6) Subject to subsection (3), the High Court shall have jurisdiction to
entertain an action in personam to enforce a claim to which this section
applies whenever any of the conditions specified in subsection (2)(a) to (c)
is satisfied, and the rules of court relating to the service of process
outside the jurisdiction shall make such provision as may appear to the Rules
Committee constituted under section 55 to be appropriate having regard to the
provisions of this subsection.

(7) Nothing in this section shall prevent an action which is brought in
accordance with the provisions of this section in the High Court being
transferred, in accordance with the enactments in that behalf, to some other
court.

(8) For the avoidance of doubt, it is hereby declared that this section
applies in relation to the jurisdiction of the High Court not being Admiralty
jurisdiction as well as in relation to its Admiralty jurisdiction. (Added 3 of
1989 s. 2) [cf. 1981 c. 54 s. 22 U.K.]