ADMIRALTY JURISDICTION ACT

Arrangement of Sections

1. Short title.

2. Admiralty jurisdiction of the High Court of the Republic of Sri Lanka.

3. Mode of exercise of admiralty jurisdiction.

4. Jurisdiction in personam in collision and other cases.

5. Wages.

6. Jurisdiction not to be exercised in cases falling within Rhine Navigation Convention.

7. Power of High Court to order arrest of a ship.

8. Costs and charges.

9. Marshal and Deputy Marshal.

10. Stamps.

11. Savings and transitional provisions.

12. Court to have the same powers as a Court having admiralty jurisdiction in England in certain cases.

13. Construction of certain expressions in the Merchant Shipping Act, No. 52 of 1971.

14. Interpretation.

SCHEDULE

40 of 1983.

AN ACT to amend and consolidate the law relating to admiralty jurisdiction, legal proceedings in connection with ships and the arrest of ships and other property and to provide for all matters connected therewith.

[Date of Commencement: 12th October, 1983]

1. Short title.

This Act may be cited as the Admiralty Jurisdiction Act.

2. Admiralty jurisdiction of the High Court of the Republic of Sri Lanka.

(1) The admiralty jurisdiction of the High Court of the Republic of Sri Lanka shall, notwithstanding anything to the contrary in any other law, be as follows, that is to say, jurisdiction to hear and determine any of the following questions or claims—

(a) any claim to the possession or ownership of a ship or to the ownership of any share therein;

(b) any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

(c) any claim in respect of a mortgage of or charge on a ship or any share therein;

(d) any claim for damage received by a ship;

(e) any claim for damage done by a ship;

(f) any claim for loss of life or personal injury sustained in consequence of—

(i) any defect in a ship or in her apparel or equipment; or

(ii) the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglect or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of good on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(g) any claim for loss of or damage to goods carried in a ship;

(h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or, hire of a ship;

(i) any claim in the nature of salvage;

(j) any claim in the nature of towage in respect of a ship;

(k) any claim in the nature of pilotage in respect of a ship;

(l) any claim in respect of—

(i) goods or materials supplied, or

(ii) services rendered, to a ship for her operation or maintenance;

(m) any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

(n) any claim by a master or member of the crew of a ship for wages and any claim by or in respect of a master or member of the crew of a ship for any money or property which under any law in force for the time being is recoverable as wages;

(o) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

(p) any claim arising out of an act which is or is claimed to be a general average act;

(q) any claim arising out of bottomry;

(r) any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for jetsam, flotsam, lagan and derelict found in or on the sea, the shores of the sea or any tidal water or for property found in the possession of convicted pirates, together with any other jurisdiction connected with ships which may be vested by any other written law.

(2) —

(a) Nothing in subsection (1) shall be read and construed as conferring upon the High Court jurisdiction to hear and determine any question or claim arising from any act or thing done or in any proceedings under the provisions of the Customs Ordinance or any other written law read with the provisions of the Customs Ordinance.

(b) Nothing in section 13 of the Judicature Act, No. 2 of 1978, or subsection (1) shall be read and construed as affecting any jurisdiction conferred by any other law, on any other court or tribunal to hear and determine any such question or claim as is referred to in subsection (1).

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FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


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