THE OWNER OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "ASIA STAR" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "ASIA STAR"

HCAJ000001/1999

HCAJ 1/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMIRALTY ACTION NO. 1 OF 1999

-------------

Admiralty Action in rem against the ship or vessel "ASIA STAR"
of Singaporean flag

-------------

BETWEEN
	THE OWNER OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "ASIA STAR"	Plaintiffs
	AND
	THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "ASIA STAR"	Defendants

-------------

Coram: Hon Waung J in Chambers

Date of Hearing: 23 June 2000

Date of Judgment: 23 June 2000

 

-----------------------

J U D G M E N T

-----------------------

 

1. This is an application by the plaintiffs, supported by the Chief Bailiff, for directions from the court as to the matter of a cargo lying on board the ship which had been arrested at the instance of the plaintiffs on 22 June 2000. The arrest of the ship took place late at night, at about 9:30 p.m.

2. There is a cargo lying on board the arrested ship. The cargo, asserted the plaintiffs, is not under arrest, and that was made very clear by the affidavit leading to the Warrant of Arrest which seeks only to arrest the vessel and not separately the cargo.

3. The unfortunate aspect of this matter is there was some misunderstanding. The cargo owners got in touch with the Chief Bailiff for the release of the cargo who immediately sought the directions of the Registrar, and the matter was then referred to me. I have had a look at the papers and it seems to me that a very clear application needed to be made by the plaintiffs if they sought to arrest the cargo. The Warrant of Arrest unfortunately, contained the words "and the freight due for the transportation of the cargo now or lately laden therein" and that may have given rise to the misunderstanding.

4. Now that the misunderstanding has been cleared up, it is accordingly directed by the court that there should be no impediment to the cargo being taken delivery by the cargo owner.

 

 

 

 

Representation:

Mr Ronald Sum of Messrs Dibb Lupton Alsop, for the Plaintiffs

Mr C.W. Tsang, Chief Bailiff, present