Hong Kong Case Law: Decisions & Judgments

Topic

Convention on limitation of liability for maritime claims 1976

Legal area

Court

26 Jul 2023

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LIMITED; and all other persons claiming or being entitled to claim damages arising from a collision between “STAR CENTURION” and “ANTEA”, which occurred on or about 13 January 2019 off Horsburgh Light House, South China Sea

Citation

[2023] HKCFA 20
Court

Court of Final Appeal
Case number

FACV3/2023

Article 2(1)(d) is a specific, comprehensive factual category covering all wreck removal claims irrespective of the claimant's identity or legal basis; a Contracting State's reservation under Article 18(1) and Hong Kong's disapplication of Article 2(1)(d) by s15(3) of the Ordinance means wreck removal claims are not subject to limitation and cannot be limited by recourse to the general wording of Article 2(1)(a).
9 Nov 2022

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LTD AND OTHERS

Citation

[2022] HKCA 1672
Court

Court of Appeal
Case number

CACV102/2021

The CA upheld the Decision that on ordinary construction the wreck removal claim falls within Article 2(1)(d) of the 1976 Convention and, because a reservation under Article 18(1) excluded application of Article 2(1)(d), the claim was excluded from the limitation regime; overlap with other heads (eg (a)) did not permit reliance on those heads by operation of generalia specialibus non derogant; the plaintiff's contrary arguments were not reasonably arguable and leave to appeal was refused; stay refused; costs awarded.
18 Apr 2008

FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS

Citation

FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
Court

Court of Final Appeal
Case number

FACV13/2007

Section 7(1) CECO operates as a law governing the contract of service and therefore falls within Article 3(e) of the 1976 Convention, excluding the Convention limitation for the employee's claim; s.18(1) CECO does not negate s.7(1) because the Convention does not expressly or by necessary implication authorize or require contractual provisions limiting liability, so the appellants cannot rely on the Convention limitation; accordingly the appeal is dismissed.
2 May 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

Leave to appeal was granted because the questions raised are of great general public importance and there were differing views in this court on the construction and interaction of the Convention and section 18(1) of the Control of Exemption Clauses Ordinance, meriting definitive determination by the Court of Final Appeal; leave was granted subject to provision of security for costs of $400,000 for each respondent within 28 days.
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.

Hong Kong Case Law

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LIMITED; and all other persons claiming or being entitled to claim damages arising from a collision between “STAR CENTURION” and “ANTEA”, which occurred on or about 13 January 2019 off Horsburgh Light House, South China Sea

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LTD AND OTHERS

FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS

FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS

FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS