22 Jul 2022
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LTD AND OTHERS
- Citation
- [2022] HKCA 1089
- Court
- Court of Appeal
- Case number
- CACV102/2021
The Court held that wreck removal claims fall within Article 2(1)(d) of the 1976 Convention and, because Hong Kong (via the reservation made under Article 18(1) and as effected by the domestic suspension in section 15 of Cap 434) excluded/ suspended Article 2(1)(d), such wreck removal claims are excluded from the limitation regime even if linguistically they might overlap with Articles 2(1)(a) or (c); the specific provision (d) prevails over the general heads by application of generalia specialibus non derogant; plaintiff's appeal dismissed.