THE "LIAN SHUN"

THE "LIAN SHUN"

The barge LIAN SHUN satisfies both elements of the statutory definition of "ship" in s12E(1): it is a vessel (a receptacle for carrying goods, larger than a rowing boat) and it is used in navigation (regular, planned carriage of cargo between places; equipped with navigational apparatus; crewed; registered and Class II licensed). Therefore a warrant of arrest should be issued against the vessel.

Citation
THE "LIAN SHUN"
Parties
Plaintiffs: Owners of and/or other persons entitled to sue in respect of cargoes lately laden on LUEN SHUN (aka LIAN SHUN); Defendants: Owners and/or demise charterers of LUEN SHUN (aka LIAN SHUN), LUEN TUNG NO.18 and LIAN LE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2004
Case Number
HCAJ44/2004
Procedural Posture
Admiralty Action in Rem / Ex Parte Application for Warrant of Arrest (interlocutory)
Outcome
Warrant of arrest issued against the vessel LIAN SHUN (LUEN SHUN); application allowed
Legal Topics
Ship Arrest, Definition of Ship, Navigation, Warrant of Arrest, Jurisdiction
Source Language
EN
Admiralty and Maritime Law Civil Procedure Ship Arrest Definition of Ship Navigation Warrant of Arrest Jurisdiction

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Parties

Owners of and/or other persons entitled to sue in respect of cargoes lately laden on LUEN SHUN (aka LIAN SHUN)

Plaintiffs

Owners and/or demise charterers of LUEN SHUN (aka LIAN SHUN), LUEN TUNG NO.18 and LIAN LE

Defendants

Procedural Posture

Admiralty Action in Rem / Ex Parte Application for Warrant of Arrest (interlocutory)

Legal Issues

  1. 1 Whether the barge LIAN SHUN (LUEN SHUN) is a "ship" within the meaning of section 12E(1) of the High Court Ordinance
  2. 2 Whether a warrant of arrest should be issued against the vessel in question

Ratio Decidendi

The barge LIAN SHUN satisfies both elements of the statutory definition of "ship" in s12E(1): it is a vessel (a receptacle for carrying goods, larger than a rowing boat) and it is used in navigation (regular, planned carriage of cargo between places; equipped with navigational apparatus; crewed; registered and Class II licensed). Therefore a warrant of arrest should be issued against the vessel.

Court Disposition

Warrant of arrest issued against the vessel LIAN SHUN (LUEN SHUN); application allowed

Orders

  • Warrant of arrest to be issued against LIAN SHUN (LUEN SHUN).
  • Costs of the application to be costs in the cause.