Shipping 2026

HONG KONG SAR, CHINA Law and Practice Contributed by: Christopher Andrew Potts, Crump & Co

1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Main Domestic Laws Hong Kong’s maritime and shipping jurisdiction is principally exercised by the High Court, sitting as the Admiralty Court. The foundational legal framework for maritime jurisdiction in 2026 includes: • High Court Ordinance (Chapter 4) Section 12 defines maritime claims and empowers the High Court to hear actions in rem and in personam, including the arrest of vessels; • the Rules of the High Court (Chapter 4A), particu - larly Order 75, govern the admiralty proceedings, such as warrants of arrest and preliminary acts in collision cases; • Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Chapter 434) implements international conventions (Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol (LLMC 1976/1999)) that allow ship-owners and salvors to limit their financial liability; • Carriage of Goods by Sea Ordinance (Chapter 462) enacts the Hague-Visby Rules into local law, governing cargo claims; • District Court Ordinance (Chapter 336) grants lim - ited in personam (against the person) jurisdiction for maritime claims within specific monetary limits; and • other ordinances, including the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance (Chapter 508) and the Bunker Oil Pollution (Liability and Compensation) Ordinance (Chapter 605). Common Maritime Claims High Court The High Court has unlimited jurisdiction and hears the vast majority of maritime disputes in practice, including: • proprietary claims regarding possession, owner - ship or mortgages of a ship;

• damage and collision claims for damage done or received by a ship; • cargo claims arising from the carriage of goods, loss of cargo or breach of bills of lading; • ship arrest and judicial sale to secure maritime claims; • salvage, general average and towage claims; • wages and disbursements claims; and • limitation of liability and pollution claims. District Court The District Court can hear maritime claims only in personam (not against the ship itself), provided the claim value falls within its jurisdiction limits. Arbitration Many shipping disputes – especially charterparty and bill of lading claims – are resolved by arbitration in Hong Kong under the Arbitration Ordinance (Chapter 609). Bodies such as the Hong Kong Maritime Arbitra - tion Group (HKMAG) promote, but do not adjudicate, maritime arbitration. 1.2 Port State Control Port State Control and Marine Casualty Powers Hong Kong appliesportstatecontrol (PSC) in accord - ance with the Tokyo Memorandum of Understanding (the “Tokyo MOU”). The competent authority is the Marine Department (MD), which enforces international maritime standards adopted by the International Mari - time Organization (IMO). The MD’s PSC powers derive from the Shipping and Port Control Ordinance (Chapter 313) and a range of Merchant Shipping Ordinances that implement major IMO conventions, including: • the International Convention for the Safety of Life at Sea (SOLAS); • the International Convention for the Prevention of Pollution from Ships (MARPOL); • the International Convention on Standards of Train - ing, Certification and Watchkeeping for Seafarers (STCW); and • the Maritime Labour Convention (MLC). PSC officers may board foreign vessels in Hong Kong waters to inspect certificates, equipment and crew

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