### High Court Ordinance 《高等法院條例》

12C. Restrictions on entertainment of actions in personam in collision and other similar cases
(1) This section applies to any claim for damage, loss of life or personal injury arising out of—
(a) a collision between ships;
(b) the carrying out of, or omission to carry out, a manoeuvre in the case of 1 or more of 2 or more ships; or
(c) non-compliance, on the part of 1 or more of 2 or more ships, with the collision regulations.
(2) The Court of First Instance shall not entertain any 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;
(b) the cause of action arose within the 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.
(3) The Court of First Instance shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Hong Kong against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.
(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.
(5) Subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.
(6) Subject to subsection (3), the Court of First Instance shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the Rules Committee constituted under section 55 to be appropriate having regard to the provisions of this subsection.
(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the Court of First Instance being transferred, in accordance with the enactments in that behalf, to some other court.
(8) For the avoidance of doubt, it is hereby declared that this section applies in relation to the jurisdiction of the Court of First Instance not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction.
(Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 22 U.K.]

### High Court Ordinance 《高等法院條例》

12D. Court of First Instance not to have jurisdiction in cases within Rhine Navigation Convention
The Court of First Instance shall not have jurisdiction to determine any claim or question certified by the Governor to be a claim or question which under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the Court of First Instance shall be set aside.
(Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 23 U.K.]

### High Court Ordinance 《高等法院條例》

12F. Transfer of proceedings to the Lands Tribunal
The Court of First Instance may, either of its own motion or on the application of any party, order at any stage the transfer to the Lands Tribunal of all or part of any action or proceedings before it which are within the jurisdiction of the Lands Tribunal.
(Added 3 of 2008 s. 43)

### High Court Ordinance 《高等法院條例》

14AB. Decision on leave to appeal final
No appeal lies from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted.
(Added 3 of 2008 s. 25)

14A. Appeal from order on application for judicial review in criminal cause or matter
An appeal shall lie to the Court of Appeal from a judgment or order of the Court of First Instance given or made on an application for judicial review referred to in section 21K(1) and relating to a criminal cause or matter.
(Added 2 of 1993 s. 4. Amended 25 of 1998 s. 2)

15. Application for new trial
(1) Where any cause or matter or any issue in any cause or matter has been tried in the Court of First Instance, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal.
(2) Nothing in this section shall alter the practice in bankruptcy.
(Replaced 52 of 1987 s. 11. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 17 U.K.]

### High Court Ordinance 《高等法院條例》

16. Law and equity to be administered in High Court
(1) The Court of Appeal and the Court of First Instance, when exercising jurisdiction in any civil cause or matter, shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) The Court of Appeal and the Court of First Instance shall give the same effect as hitherto—
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom or created by any Ordinance,
and shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or the Court of First Instance to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
(Replaced 52 of 1987 s. 11. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 49 U.K.]

17. Power to award damages as well as, or in substitution for, injunction or specific performance
Where the Court of Appeal or the Court of First Instance has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.
(Replaced 52 of 1987 s. 11. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 50 U.K.]

20. Power of Court of First Instance to impose charging order
(1) Where, under a judgment or order of the Court of First Instance, a person (in this section and in sections 20A and 20B referred to as the debtor