1989 Ed.]
Supreme Court
[CAP. 4
13
under section 55 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) for the appointment of a person to act as a substitute for a person incapable of acting;
(b) any action to enforce a claim for damage, loss of life or personal injury arising out of
(i) a collision between ships;
(ii) the carrying out of or omission to carry out a manoeuvre in the case of 1 or more of 2 or more ships; or
(iii) non-compliance, on the part of 1 or more of 2 or more ships, with the collision regulations;
(c) any action by shipowners or other persons under the Merchant Shipping Acts 1894 to 1979 in their application to Hong Kong or the Merchant Shipping Ordinance (Cap. 281) or the Merchant Shipping (Safety) Ordinance (Cap. 369) for the limitation of the amount of their liability in connection with a ship or other property.
(4) The jurisdiction of the High Court under subsection (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.
(5) Subsection (2)(e) extends to-
(a) any claim in respect of a liability incurred under the Merchant Shipping (Oil Pollution) Act 1971 (1971 c. 59 U.K.) in its application to Hong Kong; and
(b) any claim in respect of a liability falling on the International Oil Pollution Compensation Fund under Part I of the Merchant Shipping Act 1974 (1974 c. 43 U.K.) in its application to Hong Kong.
(6) The reference in subsection (2)(i) to claims in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or an aircraft or in preserving cargo, apparel or wreck as, under sections 544 to 546 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) in their application to Hong Kong, or any Order in Council made under section 51 of the Civil Aviation Act 1949 (1949 c. 67 U.K.) in its application to Hong Kong, are authorized to be made in connection with a ship or an aircraft.
(7) Subsections (1) to (6) apply-
(a) in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;
(b) in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and
(c) so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law.