Hong Kong Ordinances

MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE - SECT 9

Competent jurisdiction

(Past version on 30/06/1997).

(1) The court before which proceedings are brought in pursuance of Article 17
of the Convention to enforce a liability which is limited by virtue of Article
12 of the Convention may at any stage of the proceedings make such order as
appears to the court to be just and equitable in view of the provisions of
Article 12 of the Convention and of any other proceedings which have been or
are likely to be begun in Hong Kong or elsewhere to enforce the liability in
whole or in part.

(2) Without prejudice to the generality of subsection (1), where such
liability is or may be partly enforceable in other proceedings in Hong Kong or
elsewhere, such court has jurisdiction to award an amount less than the court
would have awarded if the limitation applied solely to the proceedings before
the court, or to make any part of its award conditional on the results of any
other proceedings.

(3) In its application to regional carriage, Article 17 of the  Convention is
to be read as if-

   (a)  paragraph 1 were omitted; and

        (b)	in paragraph 2, the words "the court" were substituted for the 
words "any jurisdiction". (Added 1 of 2005 s. 7) (Enacted 1993)