Rights of shipbuilders and ship , repairers
Where a preferential right arises, pursuant to the provisions of the State Debtors Ordinance or the Insolvency Ordinance in respect of a ship in the possession of
(a) a shipbuilder, in order to secure claims for the building of the ship, or
(b) a ship repairer, in order to secure claims for the repair of the ship, effected during such possession, such right shall be postponed to all the maritime liens set out in section 83 but may take precedence of any mortgage or other preferential right registered under Chapter 4, so long as the ship is in the possession of the shipbuilder or ship repairer, as the case may be.
Overriding nature of maritime liens
The maritime liens set out in section 83
(a) shall arise whether the claims secured by such liens are against the owner, charterer, manager or operator of the ship;
(b) shall (subject to the provisions of section 92) follow the ship, notwithstanding any change of ownership or of registration.
Saving in relation to claims arising from radioactive products, & c.
A maritime lien shall not attach to a ship to secure a claim under paragraph (c) or (d) of section 83 where such claim arises out of or results from the radioactive properties (or a
combination of the radioactive properties with toxic, explosive or other hazardous properties) of nuclear fuel or of radioactive products or waste.
(b) such arrest has led to a forced sale.
The one-year period of prescription referred to in section 89 shall not be subject to interruption or suspension, pursuant to the provisions of any written law for the time being in
Limitation period
The maritime liens relating to a ship set out in section 83 shall be barred by prescription after a period of one year from the time when the claims secured thereby arose unless, prior
The maritime liens relating to a ship set out in section 83 shall be barred by prescription after a period of one year from the time when the claims secured thereby arose unless, prior
to the expiry of such period
(a) the ship has been arrested ; and
(b) such arrest has led to a forced sale.
When limitation period is interrupted
The one-year period of prescription referred to in section 89 shall not be subject to interruption or suspension, pursuant to the provisions of any written law for the time being in
force relating to prescription or the limitation of actions, but any period in which the person in whose favour a maritime lien exists is legally prevented from arresting the ship shall constitute an interruption of such period.
