SECOND READING. (Hansard, 6 December 1911)

THE EARL OF LIVERPOOL

My Lords, this is a Bill to give jurisdiction under Section 76 and Part VIII of the Merchant Shipping Act, 1894, to certain British Courts in foreign countries. It has been brought about by the fact of a certain appeal having been made to the Judicial Committee of the Privy Council in 109 on the question of the steamship "Maori King," and it had reference to a dispute as to the jurisdiction of a foreign Court at Shanghai. I should say that under the Foreign Jurisdiction Act, which relates to the exercise of jurisdiction by the Crown in certain foreign countries, a number of Courts have been established at places abroad and have been furnished with powers for dealing with criminal and civil cases. The expression "foreign countries" is defined in the Act as meaning any country or place out of His Majesty's Dominions, and therefore includes British Protectorates as well as foreign countries properly so called. Of course, in this case it also includes a Treaty port such as Shanghai. The alterations made in the actual clauses are first of all to meet the case of this steamship "Maori King," which was 673 sailing under British colours although owned by Russian owners. The first portion of the amending Bill is intended to give to these foreign Courts the same powers of dealing with ships which have become subject to forfeiture as are conferred by a section of the Merchant Shipping Act, 1894, on Admiralty Courts in the United Kingdom and in British possessions abroad. The second is to make the definition of the powers of these foreign Courts absolutely clear. In this particular case at Shanghai it was argued that the wording of Section 504 of the Merchant Shipping Act, 1894, taken in conjunction with the decision in the "Maori King" case, precludes such Courts from dealing with cases of limitation of liability. It is to make the matter quite clear that this other amending clause is put into this Bill. I beg to move.