The “Hui Rong” and “Peng Yan” – High Court of Hong Kong SAR (Court of First Instance) (Reyes J) – 25 August 2008
Conflict of laws – Forum non conveniens – Vessels colliding in PRC waters resulting in loss of cargo – Plaintiff cargo owners bringing in rem proceedings in Hong Kong – Shipowners applying in PRC to set up limitation fund – Shipowners applying to stay Hong Kong proceedings on ground of forum non conveniens – Whether stay should be granted
On 17 March 2007 the vessels Hui Rong and the Peng Yan collided off Zhou Shan Dao. The Hui Rong sank with the loss of 17 men and all its cargo. On 5 May 2007 the owners of some of the cargo loaded on board the Hui Rong (“the Richards Butler plaintiffs”) brought in rem proceedings against the owners of the Peng Yan (“the owners”). On 12 January 2008 other cargo owners (“the Clyde & Co plaintiffs”) brought a separate set of in rem proceedings against the owners.
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Michael Daiches, Barrister
Nov 12 2008
