9 Feb 2007
FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Citation
- FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV154/2006
Majority of the Court found that CECO s.7(1) operated as the law governing the contract of service and thereby prevented shipowners limiting liability to their servants under Article 3(e) of the Convention; CECO s.18(1) did not operate to authorize or preserve contractual limits in the factual and temporal context because the Convention was not domestic law at the time CECO was enacted and the Convention does not itself require contractual clauses; accordingly the 2nd and 3rd defendants cannot invoke the Convention to limit liability to the plaintiff.