Hong Kong Case Law: Decisions & Judgments

Topic

Ownership and right to possession

Legal area

Court

14 Dec 1973

RE THE PHILIPPINE ADMIRAL

Citation

RE THE PHILIPPINE ADMIRAL
Court

Court of First Instance
Case number

HCAJ105/1973

The Reparations Commission (an organ of the Philippine Government) was the registered owner and under the conditional sale had an immediate right to possession; it produced sufficient evidence that its ownership claim was not illusory and therefore was entitled to sovereign immunity; accordingly the writ and proceedings in rem as against the Government must be set aside and stayed.
14 Dec 1973

RE THE PHILIPPINE ADMIRAL

Citation

RE THE PHILIPPINE ADMIRAL
Court

Court of First Instance
Case number

HCAJ103/1973

The court held that the Republic of the Philippines, through the Reparations Commission, was the registered owner and possessed an immediate contractual right to possession of the ship under the conditional sale; that evidence was sufficient to show the claim was not illusory or manifestly defective; therefore sovereign immunity applied and the proceedings (brought by way of arrest and proposed sale) must be set aside/stayed as to the Republic of the Philippines; no special exception was recognized for state-owned vessels employed in ordinary commercial trading in these circumstances.
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.

Hong Kong Case Law

RE THE PHILIPPINE ADMIRAL

RE THE PHILIPPINE ADMIRAL

RE THE PHILIPPINE ADMIRAL