Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.12E

Supplementary provisions as to Admiralty jurisdiction

(1)
In
sections 12A to 12D
and this section, unless the context otherwise
requires—
collision
                    regulations
(
碰撞規例
) means regulations made or deemed to
                have been made under Part IX of the Merchant Shipping (Safety) Ordinance (
Cap. 369
);
goods
(
貨物
) includes baggage;
hovercraft
(
氣墊船
) means a vehicle designed to be
                supported when in motion wholly, or partly, by air expelled from the vehicle to form
                a cushion of which the boundaries include the ground, water or other surface beneath
                the vehicle;
master
(
船長
) includes every person (except a pilot)
                having command or charge of a ship;
Rhine
                    Navigation
                Convention
(《
萊茵河航行公約
》) means the Convention of 7 October
                1868 as revised by any subsequent convention;
ship
(
船舶
) includes any description of vessel used
                in navigation and (except in subsection
(2
)(
c)
of this section) includes,
                subject to any regulations made by the Governor, a hovercraft;
towage
(
拖曳
) and
pilotage
(
領港
) in relation to an aircraft, mean towage
                and pilotage while the aircraft is waterborne.
(2)
Nothing in
sections 12A to 12D
shall—
(a)
be construed as limiting the jurisdiction of the Court of First Instance to
                    refuse to entertain an action for wages by the master or a member of the crew of
                    a ship, not being a British ship or a ship registered in Hong Kong;
(Amended
74 of 1990 s. 104
(3);
25 of 1998 s. 2
)
(b)
affect the provisions of
section 552
of the Merchant Shipping
                    Act 1894 (1894 c. 60
                        U.K.)
#
(power of a receiver of wreck to detain a ship in respect of a salvage claim) in
                    its application to Hong Kong; or
(c)
authorize proceedings in rem in respect of any claim against the Crown, or
                    the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s
                    aircraft or Her Majesty’s hovercraft, or, subject to any regulations made by the
                    Governor, of any ship, aircraft, hovercraft, cargo or other property belonging
                    to the Crown or the Government of Hong Kong.
(3)
Droits of Admiralty or droits of or forfeitures to the Crown condemned by the
                Court of First Instance shall become the property of the Government of Hong Kong and
                the Court of First Instance may of its own motion or upon application order that
                such property be sold and the proceeds paid into the general revenue.
(Amended
25 of 1998 s. 2
)
(4)
In this
section—
Her Majesty’s hovercraft
(
女皇陛下的氣墊船
) means hovercraft belonging to the Crown
                in right of Her Majesty’s Government in the United Kingdom or Her Majesty’s
                Government in Hong
                Kong;
Her
                    Majesty’s
                ships
(
女皇陛下的船舶
) and
Her
                    Majesty’s
                aircraft
(
女皇陛下的航空器
) have the meanings given by
section 38(2)
of the Crown Proceedings Act 1947 (1947 c. 44
                U.K.).