Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reparations funds
  • 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.