RE THE YUAN TONG NO. 6

RE THE YUAN TONG NO. 6

The ex parte application for a warrant of arrest was refused because the plaintiffs' solicitors provided no information that the vessel was or was about to be in Hong Kong and ex parte warrants require full disclosure and good reason; solicitors must actively monitor vessel movements and cannot rely on automatic issuance of warrants or on the Marine Department and bailiff to track vessels.

Citation
RE THE YUAN TONG NO. 6
Parties
Plaintiffs: THE OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ONBOARD THE SHIP OR VESSEL YUAN TONG NO.6 (Cambodian Flag); Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL YUAN TONG NO.6 (Cambodian Flag)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2002
Case Number
HCAJ159/2002
Procedural Posture
Admiralty Action in Rem / Ex Parte Urgent Application for Warrant of Arrest Upon Issue of Writ
Outcome
Application for warrant of arrest declined
Legal Topics
Arrest of Ship, Warrant of Arrest, Ex Parte Application, Writ Renewal, Solicitor Duties, Bailiff and Marine Department Role
Source Language
EN
Admiralty Law Civil Procedure Maritime Practice Arrest of Ship Warrant of Arrest Ex Parte Application Writ Renewal Solicitor Duties +1 more

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Parties

THE OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ONBOARD THE SHIP OR VESSEL YUAN TONG NO.6 (Cambodian Flag)

Plaintiffs

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL YUAN TONG NO.6 (Cambodian Flag)

Defendants

Procedural Posture

Admiralty Action in Rem / Ex Parte Urgent Application for Warrant of Arrest Upon Issue of Writ

Legal Issues

  1. 1 Whether a warrant of arrest should be issued ex parte immediately upon issue of the writ without information as to the vessel's whereabouts
  2. 2 Whether the established local practice of automatic warrants on issue of writ and use of Marine Department and bailiff to track vessels is appropriate
  3. 3 What duties solicitors owe to monitor vessel movements and whether failure to track precludes renewal of writ

Ratio Decidendi

The ex parte application for a warrant of arrest was refused because the plaintiffs' solicitors provided no information that the vessel was or was about to be in Hong Kong and ex parte warrants require full disclosure and good reason; solicitors must actively monitor vessel movements and cannot rely on automatic issuance of warrants or on the Marine Department and bailiff to track vessels.

Court Disposition

Application for warrant of arrest declined

Orders

  • Application for warrant of arrest declined
  • Solicitors for the plaintiffs invited to apply at the appropriate time having regard to this judgment and the practice of the Court