4 This submission based on the construction of the plaint is not well founded. The contention that Halcyon Ocean Shipping Company Limited is the alter ego of Tongli, China was indeed an important part of the pleadings. It, however, was not the only basis for the case that Tongli, China is the actual owner of the vessel and that the plaintiff is therefore entitled to file this action in rem. For instance, in paragraph nos. 52 to 57, 64 and 70, it is averred that Tongli Samoa and the defendant vessel are owned directly or indirectly by Tongli, China through their nominees or agents. The plaint has not refer to Halcyon Ocean Shipping Company Limited as the only nominee and agent. There are several other parties/entities which are alleged to be the nominees or agents of Tongli, China. It is further averred that investigation into the shareholding, bank accounts, management contract, insurance policies and vessel financing of Halcyon Ocean Shipping Limited will also reveal that the beneficial owner and controller of the defendant vessel is Tongli, China. One of the documents disclosed by the defendant recently, is relied upon by the plaintiff in support of this very averment. It cannot therefore be stated that the only basis for contending that Tongli, China is the owner of the defendant vessel is that Halcyon Ocean Shipping Limited is its alter ego.
