Changes

Charles Sussex SC and Christopher Chain, instructed by Holman Fenwick & Willan, for the Plaintiff, Intraline Resources

Teresa Cheng SC and Adrian Lai, instructed by DLA Piper Hong Kong, for the Defendant shipowner

This note has been contributed by Ken TC Lee, LLB(Hons), PCLL (University of Hong Kong), BCL (Oxon), an international contributor to this website.

'''Background'''

“Where any person has a claim against the Crown after the commencement of this Ordinance and, if this Ordinance had not been passed, the claim might have been enforced, subject to the consent of the Governor, under the Rules of the Supreme Court, or might have been enforced by the proceedings provided by any statute ceasing to have effect in the Colony by virtue of this Ordinance, the claim may be enforced as of right, and without the consent of the Governor, by proceedings taken against the Crown for that purpose in accordance with the provisions of the Ordinance.”

'''Judgment'''

In any event, there was no reasonable explanation as to why the GZS did not raise the defence of immunity earlier. The present application seemed to have been partly motivated by a desire to delay the impending trial.

'''Comment'''