1964_SUPREME_COURT_ORDINANCE — Page 16

1989 Ed.]

Supreme Court

CAP. 4

15

(7) In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within Hong Kong.

(8) Where, as regards any such claim as is mentioned in section 12A(2)(e) to (q), a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a writ naming more than 1 ship or of 2 or more writs each naming a different ship.

(Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 21 U.K.]

12C. Restrictions on entertainment of actions in personam in collision and other similar cases

(1) This section applies to any claim for damage, loss of life or personal injury arising out of-

(a) a collision between ships;

(b) the carrying out of, or omission to carry out, a manoeuvre in the case of 1 or more of 2 or more ships; or

(c) non-compliance, on the part of 1 or more of 2 or more ships, with the collision regulations.

(2) The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless-

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

(b) the cause of action arose within the 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.

(3) The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Hong Kong against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.

(5) Subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.