Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 12C

Restrictions on entertainment of actions in personam in collision and other similar cases

(Past version on 30/06/1997).

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

(1) This section applies to any claim for damage, loss of life or personal
injury arising out of-

   (a)  a collision between ships;

   (b)  the carrying out of, or omission to carry out, a manoeuvre in the case
        of 1 or more of 2 or more ships; or

   (c)  non-compliance, on the part of 1 or more of 2 or more ships, with the
        collision regulations.

(2) The Court of First Instance shall not entertain any action in personam to
enforce a claim to which this section applies unless-

   (a)  the defendant has his habitual residence or a place of business in
        Hong Kong;

   (b)  the cause of action arose within the waters of Hong Kong; or

   (c)  an action arising out of the same incident or series of incidents is
        proceeding in the court or has been heard and determined in the court.

(3) The Court of First Instance shall not entertain any action in personam to
enforce a claim to which this section applies until any proceedings previously
brought by the plaintiff in any court outside Hong Kong against the same
defendant in respect of the same incident or series of incidents have been
discontinued or otherwise come to an end.

(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims
in proceedings arising out of the same incident or series of incidents) as
they apply to actions, the references to the plaintiff and the defendant being
for this purpose read as references to the plaintiff on the counterclaim and
the defendant to the counterclaim respectively.

(5) Subsections (2) and (3) shall not apply to any action or counterclaim if
the defendant thereto submits or has agreed to submit to the jurisdiction of
the court.

(6) Subject to subsection (3), the Court of First Instance shall have
jurisdiction to entertain an action in personam to enforce a claim to which
this section applies whenever any of the conditions specified in subsection
(2)(a) to (c) is satisfied, and the rules of court relating to the service of
process outside the jurisdiction shall make such provision as may appear to
the Rules Committee constituted under section 55 to be appropriate having
regard to the provisions of this subsection.

(7) Nothing in this section shall prevent an action which is brought in
accordance with the provisions of this section in the Court of  First Instance
being transferred, in accordance with the enactments in that behalf, to some
other court.

(8) For the avoidance of doubt, it is hereby declared that this section
applies in relation to the jurisdiction of the Court of First  Instance not
being Admiralty jurisdiction as well as in relation to its Admiralty
jurisdiction. (Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2) [cf. 1981 c. 54
s. 22 U.K.]