Hong Kong Case Law: Decisions & Judgments

Topic

Arrest and sale of ship

Legal area

Court

14 Dec 1973

RE THE PHILIPPINE ADMIRAL

Citation

RE THE PHILIPPINE ADMIRAL
Court

Court of First Instance
Case number

HCAJ94/1973

Because the Reparations Commission was the registered owner and possessed a contractual right to immediate possession that was not illusory, the Republic of the Philippines was entitled to sovereign immunity and the court must set aside the writ and decline to adjudicate the conflicting claims; the ship's commercial employment did not automatically negate immunity in these circumstances.
29 Mar 1969

HUANG CHIH HSIN AND OTHERS v. THE STEAMSHIP "NEW ASIA"

Citation

HUANG CHIH HSIN AND OTHERS v. THE STEAMSHIP "NEW ASIA"
Court

Court of First Instance
Case number

HCAJ41/1967

The court held that the plaintiffs' inability to recover adequate sums resulted from their solicitors' failure to lodge a caveat; where the court has ordered payment out in the absence of a caveat, subsequent claimants cannot recover from funds already released, and costs will not be ordered to be paid out of the remaining fund given the solicitors' negligence.
30 May 1947

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT

Citation

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT
Court

Court of First Instance
Case number

HCAJ11/1946

The Court accepted unchallenged affidavits establishing that the French Government owned the vessel and retained the right of possession; because a writ in rem directed at such public property effectively impleaded the foreign sovereign and ousted the Court's jurisdiction, the prior proceedings and judgment were set aside and a declaration made that the French Government was entitled to possession of the vessel.

Hong Kong Case Law

RE THE PHILIPPINE ADMIRAL

HUANG CHIH HSIN AND OTHERS v. THE STEAMSHIP "NEW ASIA"

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT