单词 | Foreign jurisdiction |
释义 | 外國司法管轄權 A jurisdiction outside of the Hong Kong SAR. Following the English courts, Hong Kong courts also have extraterritorial jurisdiction and may grant leave for service of process out of the jurisdiction: Rules of High Court (Cap 4A) O11 r 1(1). However, the jurisdiction conferred by this rule is regarded as exceptional (Siskina (Cargo Owners) v Distos Compania Naviera SA (The Siskina) [1979] AC 210) and as an ‘exorbitant’ jurisdiction which is not to be lightly exercised (Tay Choo Wah v Singapore-Johore Express (Pte) Ltd [1991] 2 HKC 180). Leave to serve out of the jurisdiction is not required where extraterritorial jurisdiction is expressly conferred by statute. Examples may be found in the fields of aviation and shipping law. See also Jurisdiction. |
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