1988 Ed.] The Rules of the Supreme Court-Order 75
[CAP. 4
(7) Where, by, or under, any convention or treaty, Hong Kong has undertaken to minimise the possibility of arrest of ships of another state, no application shall be made for the issue of a warrant of arrest in an action in rem against a ship owned by that state until a notice in Form No. 15 in Appendix B has been served on a consular officer at the consular office of, or acting on behalf of, that state in Hong Kong.
(8) An affidavit required by paragraph (4) must state--
(a) in every case---
(i) the nature of the claim or counterclaim and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and
(ii) the nature of the property to be arrested and, if the property is a ship, the name of the ship and her port of registry; and
(b) in the case of a claim against a ship in rem by virtue of
paragraph (10)—
(i) the name of the person who would be liable on the claim in an action in personam ("the relevant person"); and
(ii) that the relevant person was when the cause of action arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose; and
(iii) that at the time of the issue of the writ the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and
(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by paragraph (5) has been sent; and
(e) in the case of a claim in respect of a liability incurred under Section 1 of the Merchant Shipping (Oil Pollution) Act 1971, the facts relied on as establishing that the Court is not prevented from entertaining the action by reason of Section 13(2) of that Act.
(9) The following documents shall, where appropriate, be exhibited to an affidavit required by paragraph (4)—
(a) a copy of any notice sent to a consul under paragraph (5);
(b) a certified copy of any bottomry bond, or of the translation
thereof, produced under paragraph (6).
(c) a copy of any notice served on a consular officer under
paragraph (7).
A 285
[Subsidiary]
App. B. Form 15.
(1971 c. 59.)
Page 285
Page 286
1988 Ed.] The Rules of the Supreme Court-Order 75
[CAP. 4
(7) Where, by, or under, any convention or treaty, Hong Kong has undertaken to minimise the possibility of arrest of ships of another state, no application shall be made for the issue of a warrant of arrest in an action in rem against a ship owned by that state until a notice in Form No. 15 in Appendix B has been served on a consular officer at the consular office of, or acting on behalf of, that state in Hong Kong.
(8) An affidavit required by paragraph (4) must state--
(a) in every case---
(i) the nature of the claim or counterclaim and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and
(ii) the nature of the property to be arrested and, if the property is a ship, the name of the ship and her port of registry; and
(b) in the case of a claim against a ship in rem by virtue of
paragraph (10)—
(i) the name of the person who would be liable on the claim in an action in personam ("the relevant person"); and
(ii) that the relevant person was when the cause of action arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose; and
(iii) that at the time of the issue of the writ the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and
(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by para- graph (5) has been sent; and
(e) in the case of a claim in respect of a liability incurred under Section 1 of the Merchant Shipping (Oil Pollution) Act 1971, the facts relied on as establishing that the Court is not prevented from entertaining the action by reason of Section 13(2) of that Act.
(9) The following documents shall, where appropriate, be exhibited to an affidavit required by paragraph (4)—–
(a) a copy of any notice sent to a consul under paragraph (5);
(b) a certified copy of any bottomry bond, or of the translation
thereof, produced under paragraph (6).
(c) a copy of any notice served on a consular officer under
paragraph (7).
A 285
[Subsidiary]
App. B. Form 15.
(1971 c. 59.)
Page 285Page 286
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