TNAG-2524-FCO40-3685-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 23

Item No.

13.10

of

Convention

International

Convention for the Unification

Certain Rules Relating to the Arrest of

Sea-going Ships, Brussels, 1952

1.

The Convention was concluded in

Brussels on 10 May 1952. The UK ratified it 18 March 1959 and extended it to Hong Kong

29 March 1963. The PRC is not a party to

the Convention.

on

оп

2.

rules

The

Convention establishes

uniform

of law relating to the arrest of

sea-going ships. It provides that a ship

flying the flag of one of the Contracting

States may be arrested in the jurisdiction of

any of the other Contracting States in respect of any maritime claim, but in respect

of no other claim (Article 2). A claimant

may arrest either the particular ship in respect of which the maritime claim arose, or

any other ship belonging to the same owner

(Article 3). When, in the case of a charter

by demise of a ship, the charterer and not

the registered owner is liable in respect of

а maritime claim relating to that ship, the

claimant may arrest that

ship in the ownership of

demise (Article 3).

ship or any other

the charterer by The ship may only be arrested under the authority of a Court or of

the appropriate judicial authority of the

Contracting State in which the arrest was

made (Article 4). The Convention is open to

accession by any State (Article 15).

CONFIDENTIAL