1964_RULES_OF_THE_SUPREME_COURT — Page 284

A 284

[Subsidiary]

App. B. Form 3.

CAP. 4

The Rules of the Supreme Court Order 75 [1988 Ed.

enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 or section 4 of the Merchant Shipping Act 1974 as these provisions apply to Hong Kong is permissible with the leave of the Court if, but only if-

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

(b) the cause of action arose within the territorial 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; or

(d) the defendant has submitted or agreed to submit to the jurisdiction of the Court.

(2) Order 11, rule 3 and rule 4(1), (2) and (4), shall apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2 of that Order.

(3) Paragraph (1) shall not apply to an action in rem.

(4) The proviso to rule 7(1) of Order 6 and Order 11, rule 1(2), shall not apply to a writ by which any Admiralty action is begun.

Warrant of arrest (O. 75, r. 5)

5. (1) After a writ has been issued in an action in rem a warrant in Form No. 3 in Appendix B for the arrest of the property against which the action or any counterclaim in the action is brought may, subject to the provisions of this rule, be issued at the instance of the plaintiff or of the defendant, as the case may be.

(3) A party applying for the issue out of the Registry of a warrant to arrest any property shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.

(4) A warrant of arrest shall not be issued until the party applying for it has filed an affidavit requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraph (8) so, however, that the Court may, if it thinks fit, allow the warrant to issue notwithstanding that the affidavit does not contain all those particulars.

(5) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a State having a consulate in Hong Kong, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.

(6) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar.