Press Summary (English)

Press Summary (Chinese)

FACV No. 3 of 2023

[2023] HKCFA 20

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 3 OF 2023 (CIVIL)

(ON APPEAL FROM CACV NO. 102 OF 2021)

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JUDGMENT

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Chief Justice Cheung:

1. I agree with the judgment of Mr Justice Keane NPJ.

Mr Justice Ribeiro PJ:

2. I agree with the judgment of Mr Justice Keane NPJ.

Mr Justice Fok PJ:

3. I agree with the judgment of Mr Justice Keane NPJ.

Mr Justice Lam PJ:

4. I agree with the judgment of Mr Justice Keane NPJ.

Mr Justice Keane NPJ:

5. In January 2019, the Appellant’s ship “ANTEA” collided with the “Star Centurion” while the latter was anchored in Indonesian waters. As a result of the collision, “Star Centurion” was a total loss. The Indonesian Ministry of Transportation issued a wreck removal order requiring the owner of “Star Centurion” to raise the wreck, remove it and render it harmless. [1] The Appellant has accepted that “ANTEA” was entirely responsible for the collision [2] .

6. The owner of “Star Centurion” commenced proceedings in Hong Kong against the Appellant claiming damages for loss of the vessel and a right to be indemnified by the Appellant in respect of the wreck removal expenses incurred by it in complying with the wreck removal order. The Appellant commenced proceedings in Hong Kong against the owner of “Star Centurion” and all other persons claiming or entitled to claim damages arising from the collision with “ANTEA” (the Respondents”) to limit its liability to their claims [3] . The Appellant’s proceedings were brought pursuant to the Convention on Limitation of Liability for Maritime Claims 1976 (“the Convention”), the material provisions of which were incorporated into the law of Hong Kong by the Merchant Shipping (Limitation of Shipowners Liability) Ordinance ( Cap 434 ) (“the Ordinance”).

7. In accordance with the Ordinance, on 26 May 2020, the Appellant constituted a limitation fund in Hong Kong by paying HK$175,062,000 into court in its limitation proceedings. That fund is available for payment of claims in respect of which the Appellant is entitled to limit its liability [4] , and is to be distributed among claimants in proportion to their established claims against the fund [5] . A claim which is not subject to limitation is not subject to the cap on liability set by the limitation fund.