CAP. 4
Supreme Court
[1989 Ed.
(6) Subject to subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the Rules Committee constituted under section 55 to be appropriate having regard to the provisions of this subsection.
(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with the enactments in that behalf, to some other court.
(8) For the avoidance of doubt, it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction.
12D. High Court not to have jurisdiction in cases within Rhine Navigation Convention
(Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 22 U.K.]
The High Court shall not have jurisdiction to determine any claim or question certified by the Governor to be a claim or question which under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the High Court shall be set aside.
(Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 23 U.K.]
12E. Supplementary provisions as to Admiralty jurisdiction
(1) In sections 12A to 12D and this section, unless the context otherwise requires-
"collision regulations" means regulations made or deemed to have been made under Part IX of the Merchant Shipping (Safety) Ordinance (Cap.369); "goods" includes baggage;
"hovercraft" means a vehicle designed to be supported when in motion wholly, or partly, by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle; "master" includes every person (except a pilot) having command or charge of a ship;
"Rhine Navigation Convention" means the Convention of 7 October 1868 as revised by any subsequent convention;
16
CAP. 4
Supreme Court
[1989 Ed.
(6) Subject to subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the Rules Committee constituted under section 55 to be appropriate having regard to the provisions of this subsection.
(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with the enactments in that behalf, to some other court.
(8) For the avoidance of doubt, it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction.
12D. High Court not to have jurisdiction in cases
within Rhine Navigation Convention
( Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 22 U.K.]
The High Court shall not have jurisdiction to determine any claim or question certified by the Governor to be a claim or question which under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the High Court shall be set aside.
(Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 23 U.K.]
12E. Supplementary provisions as to
Admiralty jurisdiction
(1) In sections 12A to 12D and this section, unless the context otherwise requires-
"collision regulations" means regulations made or deemed to have been made
under Part IX of the Merchant Shipping (Safety) Ordinance (Cap. 369); "goods" includes baggage;
"hovercraft" means a vehicle designed to be supported when in motion wholly, or partly, by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle; "master" includes every person (except a pilot) having command or charge of a
ship;
"Rhine Navigation Convention" means the Convention of 7 October 1868 as
revised by any subsequent convention;
No comments yet.
Private notes are available after approval.