28 Sept 1988
RE THE ANDHIKA SAMYRA
- Citation
- RE THE ANDHIKA SAMYRA
- Court
- Court of First Instance
- Case number
- HCAJ13/1988
The court refused the stay because Hong Kong is the more appropriate forum for a just trial: Condition 19 (choice of Indonesian law) is void insofar as it attempts to avoid Hague‑Visby protections incorporated into Hong Kong law; Adhiguna Meranti established that Indonesian Article 474 produces an uncertain and potentially derisory limitation which would place plaintiffs at a decisive juridical disadvantage, and no cogent evidence overcame that risk; accordingly the balance of justice requires litigation to remain in Hong Kong.