| 99. |
In assessing the
duration of proceedings, it is necessary to recognize that in certain areas, actions are
begun for special purposes. One illustration can be found in the Admiralty Jurisdiction
("HCAJ" cases). |
|
|
| 99.1 |
In the years 1998, 1999
and 2000 respectively, 432, 338 and 312 HCAJ writs were issued. As at April 2001, 162
(38%), 167 (49%) and 170 (54%) cases commenced in those years were cases where no step had
been taken beyond the issue of the writ or acknowledgment of service. |
|
|
| 99.2 |
Bearing in mind the
short limitation periods often applicable in shipping litigation, it is reasonable to
infer that those writs were issued to protect the claims from becoming time-barred in case
it might subsequently be possible to arrest a vessel arriving in Hong Kong and to found
jurisdiction locally. |
|
|
| 99.3 |
The writs in those
cases therefore did not signal the start of a live action and their continued presence
"on the books" should not be considered to involve delay. |
