Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 12E

Supplementary provisions as to Admiralty jurisdiction

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) In sections 12A to 12D and this section, unless the context otherwise
requires-

"collision regulations" (碰撞規例) means regulations made or deemed to
have been made under Part IX of the Merchant Shipping (Safety) Ordinance (
Cap  369);

"goods" (貨物) includes baggage;

"hovercraft" (氣墊船) means a vehicle designed to be supported when in
motion wholly, or partly, by air expelled from the vehicle to form a cushion
of which the boundaries include the ground, water or other surface beneath the
vehicle;

"master" (船長) includes every person (except a pilot) having command or
charge of a ship;

"Rhine Navigation Convention" (《萊茵河航行公約》) means the
Convention of 7 October 1868 as revised by any subsequent convention;

"ship" (船舶) includes any description of vessel used in navigation and

(except in subsection (2)(c) of this section) includes, subject to any
regulations made by the Governor, a hovercraft;

"towage" (拖曳) and "pilotage" (領港) in relation to an aircraft, mean
towage and pilotage while the aircraft is waterborne.

(2) Nothing in sections 12A to 12D shall-

   (a)  be construed as limiting the jurisdiction of the Court of First 
        Instance to refuse to entertain an action for wages by the master or a
        member of the crew of a ship, not being a British ship or a ship
        registered in Hong Kong; (Amended 74 of 1990 s. 104(3); 25 of 1998 s.
        2)

   (b)  affect the provisions of section 552 of the Merchant Shipping Act 1894
        (1894 c. 60 U.K.)* (power of a receiver of wreck to detain a ship in
        respect of a salvage claim) in its application to Hong Kong; or

   (c)  authorize proceedings in rem in respect of any claim against the
        Crown, or the arrest, detention or sale of any of Her Majesty's ships
        or Her Majesty's aircraft or Her Majesty's hovercraft, or, subject to
        any regulations made by the Governor, of any ship, aircraft,
        hovercraft, cargo or other property belonging to the Crown or the
        Government of Hong Kong.

(3) Droits of Admiralty or droits of or forfeitures to the Crown condemned by
the Court of First Instance shall become the property of the Government of
Hong Kong and the Court of First Instance may of its own motion or upon
application order that such property be sold and the proceeds paid into the
general revenue. (Amended 25 of 1998 s. 2)

(4) In this section-

"Her Majesty's ships" (女皇陛下的船舶) and "Her Majesty's aircraft"
(女皇陛下的航空器) have the meanings given by section 38(2) of the
Crown Proceedings Act 1947

(1947 c. 44 U.K.);

"Her Majesty's hovercraft" (女皇陛下的氣墊船) means hovercraft
belonging to the Crown in right of Her Majesty's Government in the United
Kingdom or Her Majesty's Government in Hong Kong. (Added 3 of 1989 s. 2) [cf.
1981 c. 54 s. 24 U.K.]
___________________________________________________________________________
Note:

* Please also see following-

   (a)  in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to
        Cap 415 and s. 1 of Schedule 2 to Cap 508;

   (b)  in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of
        Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

"collision regulations" (碰撞規例)

"goods" (貨物)

"hovercraft" (氣墊船)

"master" (船長)

"Rhine Navigation Convention" (《萊茵河航行公約》)

"ship" (船舶)

"towage" (拖曳) and "pilotage" (領港)

"Her Majesty's ships" (女皇陛下的船舶) and "Her Majesty's aircraft"
(女皇陛下的航空器)

"Her Majesty's hovercraft" (女皇陛下的氣墊船)