Arrest of Ships in Hong Kong

1. International Conventions

By virtue of Sections 12B-12E of the High Court Ordinance ("HCO"), and with a number of exceptions, the provisions of the International Convention Relating to the Arrest of Seagoing Ships, Brussels, 10 May 1952 (the "1952 Convention") now apply in Hong Kong.

2. Orders for sale

Probably the first piece of advice a lawyer will offer to a client when a shipowner is defaulting in some way will be to arrest and sell the ship. However, it is not as simple as that and there are different routes which can be followed.

An order for sale can be of two types:

(i) pendente lite; or

(ii) order upon judgment.

The first is the more common form of judicial sale. Before the order is granted, an admiralty action in rem must have been commenced by the claimant, a writ served on the vessel and the vessel arrested. The court also has jurisdiction to enforce a foreign judgment or arbitral award. A claimant who has such a judgment or award may