Schedule 2 PROVISIONS OF SECTIONS 21, 22, 23 AND 24 OF PART II OF THE SUPREME COURT ACT 1981 EXTENDED TO HONG KONG AND ADAPTATIONS AND MODIFICATIONS THERETO

Subsection (2) shall be deleted and the following subsection shall be substituted—

“(2)

No court in Hong Kong shall entertain an action in personam to enforce a claim to which this section applies unless—

(a)

the defendant has his habitual residence or a place of business in Hong Kong; or

(b)

the cause of action arose within the territorial waters of Hong Kong; or

(c)

an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

In this subsection “territorial waters of Hong Kong” include any port, dock or harbour in Hong Kong.”.

In subsections (3), (6), (7) and (8) after the words “High Court” shall be inserted the words “of Hong Kong”.

In subsection (3) the words “England and Wales” shall be deleted and the words “Hong Kong” shall be substituted.

In subsection (1) in the definition of “collision regulations”, the words “or made or adopted under Part IX of the Merchant Shipping (Safety) Ordinance ^f1” shall be inserted before the semicolon.

In subsection (1), the definition of ship shall read: ““ship” includes any description of vessel used in navigation and (except in subsection (2)(c) of this section) includes, subject to any regulations made by the Governor, a hovercraft;”

In subsection (2)(a) after the words “High Court” shall be inserted the words “of Hong Kong” .

In subsection (2)(c), for the words “subject to section 2(3) of the Hovercraft Act 1968” there shall be substituted the words “subject to any regulations made by the Governor”.

In subsection (2)(c) the words “, or of any ship, aircraft, hovercraft, cargo or other property belonging to the Government of Hong Kong” shall be inserted before the full stop.

In subsection (3) in the definition of “Her Majesty's hovercraft” the words “Northern Ireland” shall be deleted and the words “Hong Kong” shall be substituted.