USA v Yong Soon Ee and Another (The Hai Hsuan)

• Jurisdiction: Singapore
• Judgment Date: 28 March 1950
• Date: 28 March 1950
• Docket Number: Case No. 44
• Court: High Court (Singapore)

Singapore, High Court.

(Murray-Aynsley C.J.)

Case No. 44

The Hai Hsuan. United States of America

and

Yong Soon Ee and Another.

Jurisdictional Immunity — Government-Owned Vessels Engaged in Trade — Effect of Possession by Foreign Government — The Law of Singapore.

The Facts.—The Hai Hsuan was a ship registered in Formosa. She appears to have been owned by the Nationalist Government of China, and did not at any time enter the territorial waters of the Chinese mainland after the so-called People's Republic of China had gained full control of it. At the time of the action that Government, which was recognized by a number of States, including the United Kingdom, was not recognized by the U.S.A. The United States claimed the vessel by virtue of an hypothecation in its favour. An injunction was obtained to restrain the acting Captain and the third officer from taking the vessel out of port. The defendants moved to have the writ set aside. They claimed that the Hai Hsuan was the property of a foreign sovereign State, the People's Republic of China, on whose behalf they had possession of the ship and that any legal proceedings against the vessel would therefore implead a foreign sovereign. The plaintiffs argued that there was no sovereign immunity in respect of merchant ships engaged in...