Full legislation
s.12A
Admiralty jurisdiction of Court of First Instance
(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
);
(Added
55 of 1993 s. 30
. Amended
24 of 2005 s. 55
;
14 of 2009 s. 34
)
(vii)
the Merchant Shipping (Local Vessels) Ordinance (
Cap. 548
); or
(Added
24 of 2005 s. 55
. Amended
14 of 2009 s. 34
)
(viii)
the Bunker Oil Pollution (Liability and Compensation) Ordinance (
Cap. 605
);
(Added
14 of 2009 s. 34
)
(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
);
(Added
55 of 1993 s. 30
. Amended
24 of 2005 s. 55
;
14 of 2009 s. 34
)
(vi)
the Merchant Shipping (Local Vessels) Ordinance (
Cap. 548
); or
(Added
24 of 2005 s. 55
. Amended
14 of 2009 s. 34
)
(vii)
the Bunker Oil Pollution (Liability and Compensation) Ordinance (
Cap. 605
),
(Added
14 of 2009 s. 34
)
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
);
(Amended
14 of 2009 s. 34
)
(b)
any claim in respect of a liability incurred by the International Oil Pollution Compensation Fund under Part III of that Ordinance; and
(Replaced
38 of 1990
Sch. 2. Amended
14 of 2009 s. 34
)
(c)
any claim in respect of a liability incurred under
section 5
of the Bunker Oil Pollution (Liability and Compensation) Ordinance (
Cap. 605
).
(Added
14 of 2009 s. 34
)
(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
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
);
(Added
55 of 1993 s. 30
. Amended
24 of 2005 s. 55
;
14 of 2009 s. 34
)
(g)
the Merchant Shipping (Local Vessels) Ordinance (
Cap. 548
); or
(Added
24 of 2005 s. 55
. Amended
14 of 2009 s. 34
)
(h)
the Bunker Oil Pollution (Liability and Compensation) Ordinance (
Cap. 605
).
(Added
14 of 2009 s. 34
)