Hong Kong Case Law: Decisions & Judgments

Topic

Section 12b high court ordinance

Legal area

Court

12 Dec 2000

DONGHWA LEASING CO. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "HALLA LIBERTY"

Citation

DONGHWA LEASING CO. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "HALLA LIBERTY"
Court

Court of First Instance
Case number

HCAJ60/1998

The application for a stay was refused because the judge exercised discretion after balancing delay against the limited factual overlap between the Korean Article 406 decision and the Hong Kong section 60 issue; the court found it appropriate to allow Hong Kong proceedings on section 60 and related issues to proceed (with liberty to review before trial) rather than impose a total or package stay pending Korean appeals.
15 Feb 1999

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "TIAN SHENG NO. 8" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TIAN SHENG NO.8" NOW NAMED "RESOURCE 1" AND THE OWENERS OF THE SHIP OR VESSEL "TIAN SHENG NO.1"

Citation

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "TIAN SHENG NO. 8" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TIAN SHENG NO.8" NOW NAMED "RESOURCE 1" AND THE OWENERS OF THE SHIP OR VESSEL "TIAN SHENG NO.1"
Court

Court of First Instance
Case number

HCAJ370/1996

The Court held that Order 12 r.8 is the exclusive procedure for disputing jurisdiction; defendants failed to comply with its time limits and thereby were treated as having submitted to the Court's jurisdiction, so their Time Issue failed. On the merits the Court found sufficient and persuasive evidence that Hainan Tian Sheng Ocean Shipping Co. Ltd. was the beneficial owner at the relevant times, so s12B(4) supported Admiralty in rem jurisdiction; therefore the defendants' summons was dismissed.
17 Jul 1998

THE OWNERS OF THE SHIP OR VESSEL "ZHONG HANG YAU NO.1" AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERES OF THE SHIP VESSEL "DRAGON NO.1\'

Citation

THE OWNERS OF THE SHIP OR VESSEL "ZHONG HANG YAU NO.1" AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERES OF THE SHIP VESSEL "DRAGON NO.1\'
Court

Court of First Instance
Case number

HCAJ207/1998

The court was not satisfied that the first warrant was clearly wrongly issued and, in any event, having regard to service of the writ and the plaintiffs' statutory in rem rights under Section 12B, the court exercised its discretion to grant a second warrant of arrest to protect the plaintiffs' interests and keep the vessel under arrest.

Hong Kong Case Law

DONGHWA LEASING CO. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "HALLA LIBERTY"

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "TIAN SHENG NO. 8" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TIAN SHENG NO.8" NOW NAMED "RESOURCE 1" AND THE OWENERS OF THE SHIP OR VESSEL "TIAN SHENG NO.1"

THE OWNERS OF THE SHIP OR VESSEL "ZHONG HANG YAU NO.1" AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERES OF THE SHIP VESSEL "DRAGON NO.1\'