Is a Vessel’s Registration Conclusive Evidence as to Her Legal and Beneficial Ownership?
International Business Articles
ONC Lawyers
Hong Kong
Introduction
Pursuant to s.12A of the High Court Ordinance (Cap. 4) (“HCO”), the Court of First Instance (“CFI”) has Admiralty jurisdiction to determine, among others, any claim arising out of any agreement relating to the use or hire of a ship.
In respect of such claim, s.12B(4) of HCO provides that where (i) the claim arises in connection with a ship; and (ii) the party who would be liable for such claim (the “Relevant Person”) was the owner or charterer of, or in possession or in control of the ship when the cause of action arose, an action in rem may be brought in the CFI against (i) that ship, if at the time when the action is brought the Relevant Person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or (ii) any other ship of which, at the time when the action is brought, the Relevant Person is the beneficial owner of all the shares of the ship.
For more information about the Hong Kong law firm, ONC Lawyers, please visit the International Society of Primerus Law Firms.
November 2014