Menu
Ince Co wins acquittal for China Resources Logistics in criminal proceedings following container terminal incident

News / / Hong Kong

The incident gave rise to both criminal prosecution by the Hong Kong Government and a series of cargo claims by the relevant carriers of the cargoes and different cargo owners The team acted for China Resources Logistics and their insurers in defending the criminal charges, as well as the related property losses and cargo claims After a trial held in May and June, the team successfully concluded the criminal proceedings with triumph and China Resources Logistics were acquitted from charges under all criminal summonses The civil proceedings are still on-goingThis case is manifold and extensive, said Rosita It involved two years of hard work among the Ince team and the clients, as well as leading defence counsel and experts in Hong Kong on mechanical engineering, industrial safety and related criminal matters We drew our cross-disciplinary expertise in Shipping, Insurance, Trade, and Ports Terminals, and took into thorough considerations of engineering, science and technical issues concerning safety operation at container terminal as well as trade practice and complex questions of law concerning limitation and exclusion of liabilities between the parties including the cargo owners, freight forwarders, carriers, the operator, and the containers yard involved in the processThis victory marks yet another triumph for Rosita who has been acting for leading port and terminal owners and operators in Hong Kong for years in dealing with heavy machinery and industrial safety related criminalcivil proceedings Led by Rosita Lau, the team also includes Simon Cheng (Senior Associate, Hong Kong), Joanna Au (Associate, Hong Kong), and Vincent Zhang (Paralegal, Hong Kong)
Rosita Lau, MH

Rosita Lau, MH Partner

Related sectors:

Related services:

Related news & insights

News / Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

10-08-2022 / Maritime

Kirkwood v. Thélem Assurances [2022] CSOH 53 A recent Outer House Opinion has provided welcome clarity on the recovery of English solicitors’ fees in the Scottish Courts.

Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

News / Court finds extra-contractual counterclaims fell within scope of arbitration agreement

02-08-2022 / Maritime

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.

Court finds extra-contractual counterclaims fell within scope of arbitration agreement

News / Party offered reasonably satisfactory security following collision obliged to accept it

20-07-2022 / Maritime

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.

Party offered reasonably satisfactory security following collision obliged to accept it

News / Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

15-07-2022 / Maritime

In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.

Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

News / Court finds Covid-19 restrictions did not constitute force majeure under MOA

13-07-2022 / Maritime

NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] EWHC 1615 (Comm) The Court has construed a force majeure clause and considered whether Buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented Sellers from transferring title in the Vessel. 

Court finds Covid-19 restrictions did not constitute force majeure under MOA

News / Shipping gets smart

20-06-2022 / Maritime

On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.

Shipping gets smart