INVITATION TO TENDER The ship or vessel STARRY METROPOLIS
INVITATION TO TENDER The ship or vessel STARRY METROPOLIS
Published: 3 March 2021
INVITATION TO TENDER
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
RE: HCAJ 76 of 2020 & HCAJ 91 of 2020
The ship or vessel “STARRY METROPOLIS” (the “Vessel”)
Pursuant to the order for sale of the Vessel made by the High Court of the Hong Kong Special Administrative Region on the 3 February 2021, tenders are invited for the purchase of the Vessel (a general description of which is set out below) upon the following terms.
1. The Vessel is offered for sale as she lies in the waters of Hong Kong in her “as is” “where is” condition at the date of delivery without any warranties or guarantees. The Vessel is sold free from incumbrances, with everything on board belonging to her but excluding any equipment on hire.
2. No error or misdescription in this invitation or otherwise by representatives of the Government or the High Court of the Hong Kong Special Administrative Region shall entitle the successful tenderer (”the Buyer”) to annul the sale.
3. Tenderers are advised to make all and any such enquiries as they think fit. Permission to inspect the Vessel may be obtained from the Chief Bailiff.
4. Tenders for the purchase of the Vessel must:
(a) be in writing addressed to the Registrar of the High Court, Hong Kong Special Administrative Region;
(b) be in a sealed envelope so addressed and marked “HCAJ 76 of 2020 & HCAJ 91 of 2020 – CONFIDENTIAL”;
(c) be accompanied by way of deposit by a cashier’s order or bank draft drawn by a Hong Kong bank or a bank having a branch office or banking correspondents in Hong Kong or certified cheque drawn on such a bank of 10% of the offer payable to “Registrar, High Court” and crossed in “HCAJ 76 of 2020 & HCAJ 91 of 2020” (the “Deposit”);
(d) be expressed to be irrevocable until 1 April 2021;
(e) reach the Registrar c/o Chief Bailiff (Administration & Admiralty) at Bailiff Office, LG 3/F, High Court Building, 38 Queensway, Hong Kong not later than 2:00 p.m. (Hong Kong time) on 25 March 2021, otherwise such tenders will be treated as invalid;
follow the arrangement in respect of tender closing time in the times of gale or rainstorm warnings or “extreme conditions after super typhoons” in Hong Kong as set out below
(i) in case a Black Rainstorm Warning Signal or a Tropical Cyclone Signal No.8 or above or “extreme conditions after super typhoons” is lowered or cancelled before or at 11:00 a.m. (Hong Kong time) on 25 March 2021, the tender closing time will remain unchanged;
(ii) in case a Black Rainstorm Warning Signal or a Tropical Cyclone Signal No.8 or above or “extreme conditions after super typhoons” is lowered or cancelled after 11:00 a.m. (Hong Kong time) on 25 March 2021, the tender closing time will be deferred to 02:00 p.m. (Hong Kong time) on the next weekday (i.e. except Saturday and Sunday) other than public holidays; and
(g) be expressed in Hong Kong Dollars or United States Dollars with payment of the Deposit being made in the same currency as the tender.
5. The Registrar is not bound to accept the highest or any tender.
6. If a tender is accepted the balance (plus the sum payable for bunker fuel) of the purchase price also in the form of a cashier’s order, bank draft or certified cheque payable as aforesaid must be paid within 7 days of the acceptance of the tender and if not so paid the deposit of 10% will be forfeited in which event the Registrar will be at liberty to sell the Vessel to any other party or parties.
7. The Buyer shall within 7 days of the acceptance of the tender pay by the aforesaid methods the Hong Kong market price for the bunker fuel remaining on board on the date of delivery, such quantity and price to be determined by the Chief Bailiff or her agent.
8. Upon payment of the balance of the purchase price, a bill of sale will be duly executed on behalf of the High Court of the Hong Kong Special Administrative Region in favour of the Buyer.
9. The Registrar may in his discretion agree that the Vessel be sold to a nominee of the Buyer. Such nominee and the Buyer shall sign an addendum to this Invitation to Tender in such form as the Registrar may require. Any nomination shall be made no later than 3 working days prior to the delivery of the Vessel. Any nomination made by the Buyer shall be irrevocable. No further nomination is permitted.
10.Deposits will be refunded to unsuccessful tenderers.
11.Any tenderer who does not receive notice by 1 April 2021 that his tender has been accepted may assume that such tender has been rejected.
12. Should the Vessel become a total loss (or be accepted by underwriters as a constructive total loss) before delivery of the Vessel to the Buyer the sale shall be null and void and the Deposit will be refunded to the Buyer.
13. The Buyer shall be liable for any fees, duties, taxes, or dues of whatever nature which may become payable upon the purchase and transfer of the Vessel.
14. On completion of the sale the Buyer will assume all responsibility for complying with all Hong Kong Marine Department directions regarding the Vessel.
15. This invitation and the sale of the Vessel is made and effected without any liability of whatsoever nature of the High Court of the Hong Kong Special Administrative Region or its officers, employees or agents.
16. The Buyer shall be responsible to observe and comply with all the requirements laid down in the Prevention and Control of Disease Ordinance (Cap. 599 of the Laws of Hong Kong) including but not limited to its amendments and subsidiary legislations and to make enquires with the relevant authorities on all the latest requirements which are to be satisfied in relation to the purchase, operation and departure of the Vessel. No error or oversight of the Buyer to observe and comply with the relevant legislations shall entitle the Buyer to annul the sale.
25 February 2021
PARTICULARS OF VESSEL
Vessel’s Name STARRY METROPOLIS
IMO No. 7359498
Port Of Registry De-registered by Register of Ship, Jamaica. Passenger Ship.
Type Of Vessel Passenger Ship
Builder Wartsila Oy, Turku Shipyard, Finland.
Date Of Delivery 15th December 1976.
Classification Society Russian Maritime Register of Shipping. Suspended on 30th April 2020.
LOA 152.26 meters
Breadth (moulded) 21.83 meters.
Depth (moulded) 16.3 meters.
GRT 16.3 meters.
NRT 5,315.00 M/T
Lightweight 9,250.56 M/T, ascertained by Carmichael & Clark Co., Ltd., Aprilin 2019
Main Engine Two (2) Pielstick SEMT 18 pc 2-2 V 400.
Auxiliary Engines 4 x Wartsila Turku Finland VASA 824 TS & 1 x Cummins Engine USA VTA 28 G2.
Max. Number of Passenger 450
Max. Number of Crew 254
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