Though Pakistan has been an independent State for over 30 years, there was no legislation which clearly established the limits of the Admiralty jurisdiction of the High Courts in Pakistan. The matter was governed by the Courts of Admiralty (Pakistan) Act 1891 (originally called the Colonial Courts of Admiralty Act 1891), the Admiralty Court Act 1840 and Admiralty Court Act 1861 (the two latter being British statutes) in so far as they applied to and operated in Pakistan. A definitive decision as to the precise extent of the jurisdiction of the High Court at Karachi was only available as late as 1978, and was to the effect that the Sind High Court’s jurisdiction was confined to the limits set out in the Acts of 1840 and 1861. This was a very restricted jurisdiction, and did not go as far as the jurisdiction conferred on the English courts by the Administration of Justice Act 1956.

The Government of Pakistan has passed the Admiralty Jurisdiction of High Courts Ordinance 1980. A preliminary reading shows that the Acts of 1840, 1861 and 1891 have been repealed and that the 1980 Ordinance will now be the definitive statute governing the Admiralty jurisdiction of the High Courts in Pakistan. The Ordinance closely follows the English Administration of Justice Act 1956, and considerably extends the jurisdiction of the High Courts in Pakistan. The High Courts of Sind and Baluchistan have been given Admiralty jurisdiction in their respective territories over both ships and aircraft, whereas the inland High Courts at Lahore and Peshawar have been given jurisdiction in their respective territories in cases relating to aircraft.

The principal port in Pakistan, Karachi, falls within the jurisdiction of the High Court of Sind, as will the new port, called Port Qasim, which is currently under development. The port at Gadani, which is not yet developed and is chiefly used by the shipbreaking industry, falls within the territorial jurisdiction of the High Court of Baluchistan which has its seat at Quetta (some 400 miles from Karachi), though Gadani beach is readily accessible by road from Karachi.

Not only does the Ordinance consolidate and define the Admiralty jurisdiction of the respective High Courts in Pakistan, but it also introduces fundamental changes which could have far-reaching effect.