Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.12C

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

(1)
This section applies to any claim for damage, loss of life 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance not being Admiralty
                jurisdiction as well as in relation to its Admiralty jurisdiction.