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MERCHANT SHIPPING
(4) Subsection (3) applies to judgments given by a court of Hong Kong or which are enforceable or entitled to recognition in Hong Kong.
Restrictions 7.—(1) Legal proceedings arising out of a dispute relating to the application on legal or operation of the Code may be brought in Hong Kong only in the Supreme proceedings. Court; and in this section "the court" means the Supreme Court.
Time for
bringing legal proceedings.
Recognition and
(2) Proceedings arising out of a dispute to which Article 23, paragraph 2 applies (disputes to be resolved within the framework of the national jurisdiction concerned) shall not be entertained by the court except as permitted by that paragraph.
(3) The court shall stay proceedings before it if on the application of a party to the proceedings, made after appearance but before delivering any pleadings or taking any other steps in the proceedings, it is shown that the proceedings arise out of a dispute to which Article 23, paragraph 4 applies and that-
(a) the dispute has not been referred to conciliation in accordance with that paragraph or has been so referred and conciliation proceedings are still in progress; or
(b) the parties to the dispute have made an agreement to which Article 25, paragraph 1 applies (agreed procedures in lieu of conciliation) which is capable of being, or has been, performed.
(4) The court may attach to a stay granted under subsection (3) such conditions as appear to it appropriate, in particular conditions with respect to the institution or prosecution of conciliation or other proceedings; and the court may remove a stay granted under that subsection if any such condition is not complied with or if at any time it appears to the court that the circumstances are such that a new application for the stay would not be granted.
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(5) In relation to an arbitration agreement to which Article 25, paragraph 1 applies, subsections (3) and (4) apply in place of sections 6(1) and 6A(1) of the Arbitration Ordinance (a) (which (also provide for the staying of legal proceedings).
8.--(1) No legal proceedings arising out of a dispute relating to the application or operation of the Code shall be brought in Hong Kong after the end of the period of two years from the date on which the cause of action accrued or, if later, the end of the period of six months from the date on which conciliation proceedings relating to the dispute were completed or abandoned.
(2) The following provisions of the Limitation Ordinance (b) apply to the limitation period prescribed by subsection (1) as they apply to the limitation periods prescribed by that Ordinance--
(a) section 22(1) (extension of limitation period in case of disability); (h) section 26 (postponement of limitation period in case of fraud or
mistake);
(c) section 35 (provisions as to set-off or counterclaim).
9.-(1) Where a recommendation of conciliators has become binding as between two or more parties in accordance with Article 37, then, subject to enforcement of subsection (2)—
recommenda- tions, etc of conciliators.
(a) it shall be recognised in Hong Kong as conclusive as between those
parties of the dispute to which it relates; and
(b) any of those parties may apply to have the recommendation registered
for enforcement in the Supreme Court.
(2) A recommendation shall not be so recognised or enforced if it is affected by any of the matters mentioned in sub-paragraphs (4) to (d) of Article 39, paragraph 2 (disability, fraud, coercion, public policy or irregularity of composition or procedure of the conciliators), unless the affected part can be severed as mentioned in Article 39, paragraph 3 and the remainder of the recommendation recognised and enforced.
(n) Laws of Hong Kong. Cap.341.
(b) Laws of Hong Kong. Cap.347.
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