Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Arrest and sale of vessels

  • 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
    HCAJ139/1973

    The court found the Reparations Commission (an organ of the Philippines) was the registered owner and had an immediate contractual right to repossess the ship under the conditional sale; that evidence satisfied the threshold that the sovereign's claim was not illusory; therefore sovereign immunity attached and the court must decline to adjudicate conflicting proprietary rights, set aside the writ/proceedings and stay the action (applied also to related Admiralty Jurisdiction Nos.103,105,139).