Sri Lanka Consolidated Acts

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Admiralty Jurisdiction Act (No. 40 of 1983) - Sect 2

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

2.
(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,
(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).
(3) The jurisdiction of the Court under paragraph (b) of subsection (1) includes power to settle any account out standing and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the Court thinks fit.
(4) The jurisdiction of the Court under paragraph (e) of subsection (1) includes the jurisdiction to hear and deter mine any claim in respect of a liability incurred under the Marine Pollution Prevention Act, No. 59 of 1981, by reason of the discharge, escape or dumping, of any oil or pollutant in Sri Lanka waters, from or by, any ship.
(5) The reference in paragraph (i) of subsection (1) to claims in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or in preserving cargo, apparel or wreck as by any law in force for the time being are authorized to be made in connection with a ship.
(6) The provisions of subsections (1), (2), (3) and (4) apply -
(a) in relation to all ships whether registered in any port in Sri Lanka or outside and wherever the residence or domicile of their owners may be ;
(b) in relation to all claims, where so ever arising (including in the case of cargo or wreck salvage claims in respect of cargo or wreck found on land) ; and
(c) so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law :


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