Mobil Oil Hong Kong Ltd. and another v. Hong Kong United Dockyards Ltd. (The Hua Lien) - Court of Appeal (Cons V.-P., Kempster & Clough JJ.A.) - 2 November 1988

“Dead ship” accepted by dockyard for repairs - Vessel negligently prepared for imminent typhoon - Whether dockyard liable for damage caused by vessel’s breaking free from harbour buoy during typhoon

In April 1983 the Hua Lien , a 10,000 grt. ro-ro ferry struck a submerged rock off Hua Lien and was beached in shallow water. She was subsequently brought to Hong Kong and accepted into the custody of Hong Kong United Dockyard Ltd. (“HUD”). She was a dead ship and allowed to enter the dockyard for repairs only under certain conditions, the first being that she should take up a berth as and when directed. There was also conditions that she should have on board a sufficient complement of deck and engine room officers and “a qualified master during the period that any local storm signal is hoisted”.