Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgagee priority
  • 27 Jul 2000

    THE SPARTI

    Citation
    THE SPARTI
    Court
    Court of First Instance
    Case number
    HCAJ373/1998

    Maritime lien for wages is a personal right not capable of being transferred by contract or equitable assignment; accordingly the Assignee did not acquire the crew's maritime lien and ranks behind the mortgagee, so the Bank is entitled to payment out of the fund in court; even if assignability were arguable, section 93(1) is not a free‑standing authorization of transfers and was construed not to validate the Assignee's position in this case.