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Laws of the People's Republic of China |
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| Category | MARITIME AFFAIRS | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1992-11-07 | Effective Date | 1993-07-01 |
|
Maritime Code of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Ships
Section 1 Ownership of Ships
Section 2 Mortgage of Ships
Section 3 Maritime Liens
Chapter III Crew
Section 1 Basic Principles
Section 2 The Master
Chapter IV Contract of Carriage of Goods by Sea
Section 1 Basic Principles
Section 2 Carrier's Responsibilities
Section 3 Shipper's Responsibilities
Section 4 Transport Documents
Section 5 Delivery of Goods
Section 6 Cancellation of Contract
Section 7 Special Provisions Regarding Voyage Charter Party
Section 8 Special Provisions Regarding Multimodal Transport Contract
Chapter V Contract of Carriage of Passengers by Sea
Chapter VI Charter Parties
Section 1 Basic Principles
Section 2 Time Charter Party
Section 3 Bareboat Charter Party
Chapter VII Contract of Sea Towage
Chapter VIII Collision of Ships
Chapter IX Salvage at Sea
Chapter X General Average
Chapter XI Limitation of Liability for Maritime Claims
Chapter XII Contract of Marine Insurance
Section 1 Basic Principles
Section 2 Conclusion, Termination and Assignment of Contract
Section 3 Obligations of the Insured
Section 4 Liability of the Insurer
Section 5 Loss of or Damage to the Subject Matter Insured and
Abandonment
Section 6 Payment of Indemnity
Chapter XIII Limitation of Time
Chapter XIV Application of Law in Relation to Foreignrelated Matters
Chapter XV Supplementary Provisions Article 1 This Code is enacted with a view to regulating the relations Article 2 "Maritime transport" as referred to in this Code means the The provisions concerning contracts of carriage of goods by sea as Article 3 "Ship" as referred to in this Code means sea-going ships and The term "ship" as referred to in the preceding paragraph shall also Article 4 Maritime transport and towage services between the ports of the No foreign ships may engage in the maritime transport or towage services Article 5 Ships are allowed to sail under the national flag of the Ships illegally flying the national flag of the People's Republic of China Article 6 All matters pertaining to maritime transport shall be Section I Ownership of Ships Article 7 The ownership of a ship means the shipowner's rights to Article 8 With respect to a State-owned ship operated by an enterprise Article 9 The acquisition, transference or extinction of the ownership of The transference of the ownership of a ship shall be made by a contract in Article 10 Where a ship is jointly owned by two or more legal persons or Section 2 Mortgage of Ships Article 11 The right of mortgage with respect to a ship is the right of Article 12 The owner of a ship or those authorized thereby may establish The mortgage of a ship shall be established by a contract in writing. Article 13 The mortgage of a ship shall be established by registering the The main items for the registration of the mortgage of a ship shall be: (1) Name or designation and address of the mortgagee and the name or (2) Name and nationality of the mortgaged ship and the authorities that (3) Amount of debt secured, the interest rate and the period for the Information about the registration of mortgage of ships shall be Article 14 Mortgage may be established on a ship under construction. In registering the mortgage of a ship under construction, the building Article 15 The mortgaged ship shall be insured by the mortgagor unless Article 16 The establishment of mortgage by the joint owners of a ship The mortgage established by the joint owners of a ship shall not be Article 17 Once a mortgage is established on a ship, the ownership of the Article 18 In case the mortgagee has transferred all or part of his right Article 19 Two or more mortgages may be established on the same ship. The In case two or more mortgages are established, the mortgagees shall be Article 20 The mortgages shall be extinguished when the mortgaged ship is Section 3 Maritime Liens Article 21 A maritime lien is the right of the claimant, subject to the Article 22 The following maritime claims shall be entitled to maritime (1) Payment claims for wages, other remuneration, crew repatriation and (2) Claims in respect of loss of life or personal injury occurred in the (3) Payment claims for ship's tonnage dues, pilotage dues, harbour dues (4) Payment claims for salvage payment; (5) Compensation claims for loss of or damage to property resulting from Compensation claims for oil pollution damage caused by a ship carrying Article 23 The maritime claims set out in paragraph 1 of Article 22 Article 24 The legal costs for enforcing the maritime liens, the expenses Article 25 A maritime lien shall have priority over a possessory lien, The possessory lien referred to in the preceding paragraph means the right Article 26 Maritime liens shall not be extinguished by virtue of the Article 27 In case the maritime claims provided for in Article 22 of this Article 28 A maritime lien shall be enforced by the court by arresting Article 29 A maritime lien shall, except as provided for in Article 26 of (1) The maritime claim attached by a maritime lien has not been enforced (2) The ship in question has been the subject of a forced sale by the (3) The ship has been lost. The period of one year specified in sub-paragraph (1) of the preceding Article 30 The provisions of this Section shall not affect the Section 1 Basic Principles Article 31 The term "crew" means the entire complement of the ship, Article 32 The Master, deck officers, chief engineer, engineers, Article 33 Chinese "crew" engaged in international voyages must possess Article 34 In the absence of specific stipulations in this Code as Section 2 The Master Article 35 The Master shall be responsible for the management and Orders given by the Master within the scope of his functions and powers The Master shall take necessary measures to protect the ship and all Article 36 To ensure the safety of the ship and all persons on board, the The Master, having taken actions as referred to in the preceding paragraph Article 37 The Master shall make entries in the log book of any Article 38 Where a sea casualty has occurred to a ship and the life and Upon abandoning the ship, the Master must take all measures first to Article 39 The duty of the Master in the management and navigation of the Article 40 Should death occur to the Master or the Master be unable to Section 1 Basic Principles Article 41 A contract of carriage of goods by sea is a contract under Article 42 For the purposes of this Chapter: (1) "Carrier" means the person by whom or in whose name a contract of (2) "Actual carrier" means the person to whom the performance of carriage (3) "Shipper" means: a) The person by whom or in whose name or on whose behalf a contract of b) The person by whom or in whose name or on whose behalf the goods have (4) "Consignee" means the person who is entitled to take delivery of the (5) "Goods" includes live animals and containers, pallets or similar Article 43 The carrier or the shipper may demand confirmation of the Article 44 Any stipulation in a contract of carriage of goods by sea or a Article 45 The provisions of Article 44 of this Code shall not prejudice Section 2 Carrier's Responsibilities Article 46 The responsibilities of the carrier with regard to the goods The provisions of the preceding paragraph shall not prevent the carrier Article 47 The carrier shall, before and at the beginning of the voyage, Article 48 The carrier shall properly and carefully load, handle, stow, Article 49 The carrier shall carry the goods to the port of discharge on Any deviation in saving or attempting to save life or property at sea or Article 50 Delay in delivery occurs when the goods have not been The carrier shall be liable for the loss of or damage to the goods caused The carrier shall be liable for the economic losses caused by delay in The person entitled to make a claim for the loss of goods may treat the Article 51 The carrier shall not be liable for the loss of or damage to (1) Fault of the Master, crew members, pilot or servant of the carrier in (2) Fire, unless caused by the actual fault of the carrier; (3) Force majeure and perils, dangers and accidents of the sea or other (4) War or armed conflict; (5) Act of the government or competent authorities, quarantine (6) Strikes, stoppages or restraint of labour; (7) Saving or attempting to save life or property at sea; (8) Act of the shipper, owner of the goods or their agents; (9) Nature or inherent vice of the goods; (10) Inadequacy of packing or insufficiency or illegibility of marks; (11) Latent defect of the ship not discoverable by due diligence; (12) Any other causes arising without the fault of the carrier or his The carrier who is entitled to exoneration from the liability for Article 52 The carrier shall not be liable for the loss of or damage to Article 53 In case the carrier intends to ship the goods on deck, he When the goods have been shipped on deck in accordance with the provisions If the carrier, in breach of the provisions of the first paragraph of this Article 54 Where loss or damage or delay in delivery has occurred from Article 55 The amount of indemnity for the loss of the goods shall be The actual value shall be the value of the goods at the time of shipment From the actual value referred to in the preceding paragraph, deduction Article 56 The carrier's liability for the loss of or damage to the goods Where a container, pallet or similar article of transport is used to Where the article of transport is not owned or furnished by the carrier, Article 57 The liability of the carrier for the economic losses resulting Article 58 The defence and limitation of liability provided for in this The provisions of the preceding paragraph shall apply if the action Article 59 The carrier shall not be entitled to the benefit of the The servant or agent of the carrier shall not be entitled to the benefit Article 60 Where the performance of the carriage or part thereof has been Notwithstanding the provisions of the preceding paragraph, where a Article 61 The provisions with respect to the responsibility of the Article 62 Any special agreement under which the carrier assumes Article 63 Where both the carrier and the actual carrier are liable for Article 64 If claims for compensation have been separately made against Article 65 The provisions of Article 60 through 64 of this Code shall not Section 3 Shipper's Responsibilities Article 66 The shipper shall have the goods properly packed and shall The carrier's right to indemnification as provided for in the preceding Article 67 The shipper shall perform all necessary procedures at the Article 68 At the time of shipment of dangerous goods, the shipper shall, Notwithstanding the carrier's knowledge of the nature of the dangerous Article 69 The shipper shall pay the freight to the carrier as agreed. The shipper and the carrier may reach an agreement that the freight shall Article 70 The shipper shall not be liable for the loss sustained by the The servant or agent of the shipper shall not be liable for the loss Section 4 Transport Documents Article 71 A bill of lading is a document which serves as an evidence of Article 72 When the goods have been taken over by the carrier or have The bill of lading may be signed by a person authorized by the carrier. A Article 73 A bill of lading shall contain the following particulars: (1) Description of the goods, mark, number of packages or pieces, weight (2) Name and principal place of business of the carrier; (3) Name of the ship; (4) Name of the shipper; (5) Name of the consignee; (6) Port of loading and the date on which the goods were taken over by the (7) Port of discharge; (8) Place where the goods were taken over and the place where the goods (9) Date and place of issue of the bill of lading and the number of (10) Payment of freight; (11) Signature of the carrier or of a person acting on his behalf. In a bill of lading, the lack of one or more particulars referred to in Article 74 If the carrier has issued, on demand of the shipper, a Article 75 If the bill of lading contains particulars concerning the Article 76 If the carrier or the other person issuing the bill of lading Article 77 Except for the note made in accordance with the provisions of Article 78 The relationship between the carrier and the holder of the Neither the consignee nor the holder of the bill of lading shall be liable Article 79 The negotiability of a bill of lading shall be governed by the (1) A straight bill of lading is not negotiable; (2) An order bill of lading may be negotiated with endorsement to order or (3) A bearer bill of lading is negotiable without endorsement. Article 80 Where a carrier has issued a document other than a bill of Such documents that are issued by the carrier shall not be negotiable. Section 5 Delivery of Goods Article 81 Unless notice of loss or damage is given in writing by the Where the loss of or damage to the goods is not apparent, the provisions The notice in writing regarding the loss or damage need not be given if Article 82 The carrier shall not be liable for compensation if no notice Article 83 The consignee may, before taking delivery of the goods at the Article 84 The carrier and the consignee shall mutually provide Article 85 Where the goods have been delivered by the actual carrier, the Article 86 If the goods were not taken delivery of at the port of Article 87 If the freight, contribution in general average, demurrage to Article 88 If the goods under lien in accordance with the provisions of The proceeds from the auction sale shall be used to pay off the expenses Section 6 Cancellation of Contract Article 89 The shipper may request the cancellation of the contract of Article 90 Either the carrier or the shipper may request the cancellation Article 91 If, due to force majeure or any other causes not attributable In deciding the discharge of the goods, the Master shall inform the Section 7 Special Provisions Regarding Voyage Charter Party Article 92 A voyage charter party is a charter party under which the Article 93 A voyage charter party shall mainly contain, interalia, name Article 94 The provisions in Article 47 and Article 49 of this Code shall The other provisions in this Chapter regarding the rights and obligations Article 95 Where the holder of the bill of lading is not the charterer in Article 96 The shipowner shall provide the intended ship. The intended Article 97 If the shipowner has failed to provide the ship within the Where the charterer has suffered losses as a result of the delay in Article 98 Under a voyage charter, the time for loading and discharge and Article 99 The charterer may sublet the ship he chartered, but the rights Article 100 The charterer shall provide the intended goods, but he may Where the shipowner has suffered losses as a result of the failure of the Article 101 The shipowner shall discharge the goods at the port of Section 8 Special Provisions Regarding Multimodal Transport Contract Article 102 A multimodal transport contract as referred to in this Code The multimodal transport operator as referred to in the preceding Article 103 The responsibility of the multimodal transport operator with Article 104 The multimodal transport operator shall be responsible for The multimodal transport operator may enter into separate contracts with Article 105 If loss of or damage to the goods has occurred in a certain Article 106 If the section of transport in which the loss of or damage to Article 107 A contract of carriage of passengers by sea is a contract Article 108 For the purposes of this Chapter: (1) "Carrier" means the person by whom or in whose name a contract of (2) "Actual carrier" means the person by whom the whole or part of the (3) "Passenger" means a person carried under a contract of carriage of (4) "Luggage" means any article or vehicle shipped by the carrier under (5) "Cabin luggage" means the luggage which the passenger has in his cabin Article 109 The provisions regarding the responsibilities of the carrier Article 110 The passage ticket serves as an evidence that a contract of Article 111 The period of carriage for the carriage of passengers by sea The period of carriage for the cabin luggage of the passengers shall be Article 112 A passenger travelling without a ticket or taking a higher Article 113 No passenger may take on board or pack in their luggage The carrier may have the contraband or dangerous goods brought on board by The passenger shall be liable for compensation if any loss or damage Article 114 During the period of carriage of the passengers and their The claimant shall bear the burden of proof regarding the fault of the If the death of or personal injury to the passengers or loss of or damage As to any loss of or damage to the luggage other than the passenger's Article 115 If it is proved by the carrier that the death of or personal If it is proved by the carrier that the death of or personal injury to the Article 116 The carrier shall not be liable for any loss of or damage to If the passenger has entrusted the above-mentioned valuables to the Article 117 Except the circumstances specified in paragraph 4 of this (1) For death of or personal injury to the passenger: not exceeding 46,666 (2) For loss of or damage to the passengers' cabin luggage: not exceeding (3) For loss of or damage to the passengers' vehicles including the (4) For loss of or damage to luggage other than those described in An agreement may be reached between the carrier and the passengers with A higher limitation of liability than that set out in sub-paragraph (1) The limitation of liability of the carrier with respect to the carriage of Article 118 If it is proved that the death of or personal injury to the If it is proved that the death of or personal injury to the passenger or Article 119 In case of apparent damage to the luggage, the passenger (1) Notice with respect to cabin luggage shall be made before or at the (2) Notice regarding luggage other than cabin luggage shall be made before If the damage to the luggage is not apparent and it is difficult for the If the passenger fails to send in the notice in writing in time in Where the luggage has been jointly surveyed or inspected by the passenger Article 120 With regard to the claims made to the carrier's servant or Article 121 Where the performance of the carriage of passengers or part Article 122 Any special agreement under which the carrier assumes Article 123 Where both the carrier and the actual carrier are liable for Article 124 Where separate claims have been brought against the carrier, Article 125 The provisions of Articles 121 through 124 of this Code shall Article 126 Any of the following clauses contained in a contract of (1) Any clause that exonerates the statutory responsibility of the carrier (2) Any clause that reduces the limitation of liability of the carrier as (3) Any clause that contains provisions contrary to those of this Chapter (4) Any clause that restricts the right of claim of the passenger. The nullity and voidness of the clauses set out in the preceding paragraph Section 1 Basic Principles Article 127 The provisions concerning the rights and obligations of the Article 128 Charter parties including time charter parties and bareboat Section 2 Time Charter Party Article 129 A time charter party is a contract under which the shipowner Article 130 A time charter party mainly contains the name of the Article 131 The shipowner shall deliver the ship within the time agreed Where the shipowner acts against the provisions of the preceding The shipowner shall be liable for the charterer's loss resulting from the Article 132 At the time of delivery, the shipowner shall exercise due Where the shipowner acts against the provisions in the preceding Article 133 During the charter period, if the ship is found at variance Where the ship has not been operated normally for 24 consecutive hours due Article 134 The charterer shall guarantee that the ship shall be employed If the charterer acts against the provisions of the preceding paragraph, Article 135 The charterer shall guarantee that the ship shall be employed Where the ship is to be employed by the charterer to carry live animals or The charterer shall be liable for any loss of the shipowner resulting from Article 136 The charterer shall be entitled to give the Master Article 137 The charterer may sublet the ship under charter, but he shall Article 138 Where the ownership of the ship under charter has been Article 139 Should the ship be engaged in salvage operations during the Article 140 The charterer shall pay the hire as agreed upon in the Article 141 In case the charterer fails to pay the hire or other sums of Article 142 When the charterer redelivers the ship to the shipowner, the Where, upon redelivery, the ship fails to remain in the same good order Article 143 If, on the basis of a reasonable calculation, a ship may be Section 3 Bareboat Charter Party Article 144 A bareboat charter party is a charter party under which the Article 145 A bareboat charter party mainly contains the name of the Article 146 The shipowner shall deliver the ship and its certificates to Where the shipowner acts against the provisions of the preceding Article 147 The charterer shall be responsible for the maintenance and Article 148 During the bareboat charter period, the ship shall be Article 149 During the bareboat charter period, if the charterer's Should the ship be arrested due to any disputes over its ownership or Article 150 During the bareboat charter period, the charterer shall not Article 151 The shipowner shall not establish any mortgage of the ship Where the shipowner acts against the provisions of the preceding paragraph Article 152 The charterer shall pay the hire as stipulated in the Should the ship be lost or missing, payment of hire shall cease from the Article 153 The provisions of Article 134, paragraph 1 of Article 135, Article 154 The ownership of a ship under bareboat charter containing a Article 155 A contract of sea towage is a contract whereby the tugowner The provisions of this Chapter shall not be applicable to the towage Article 156 A contract of sea towage shall be made in writing. Its Article 157 The tugowner shall, before and at the beginning of the The tow party shall, before and at the beginning of the towage, make all Article 158 If before the commencement of the towage service, due to Article 159 If after the commencement of the towage service, due to force Article 160 Where the object towed could not reach its destination due to Article 161 Where the tow party fails to pay the towage price or other Article 162 In the course of the sea towage, if the damage suffered by Notwithstanding the provisions of the preceding paragraph, the tugowner (1) Fault of the Master or other crew members of the tug or the pilot or (2) Fault of the tug in saving or attempting to save life or property at The provisions of this Article shall only apply if and when there are no Article 163 If death of or personal injury to a third party or damage to Article 164 Where a tugowner towing a barge owned or operated by him to Article 165 Collision of ships means an accident arising from the Ships referred to in the preceding paragraph shall include those Article 166 After a collision, the Master of each of the ships in The Master of each of the ships in collision is likewise bound so far as Article 167 Neither of the parties shall be liable to the other if the Article 168 If the collision is caused by the fault of one of the ships, Article 169 If the colliding ships are all in fault, each ship shall be The ships in fault shall be liable for the damage to the ship, the goods If the ships in fault have caused loss of life or personal injury to a Article 170 Where a ship has caused damage to another ship and persons, Article 171 The provisions of this Chapter shall apply to salvage Article 172 For the purposes of this Chapter: (1) "Ship" means any ship referred to in Article 3 of this Code and any (2) "Property" means any property not permanently and intentionally (3) "Payment" means any reward, remuneration or compensation for salvage Article 173 The provisions of this Chapter shall not apply to fixed or Article 174 Every Master is bound, so far as he can do so without serious Article 175 A contract for salvage operations at sea is concluded when an The Master of the ship in distress shall have the authority to conclude a Article 176 The salvage contract may be modified by a judgment of the (1) The contract has been entered into under undue influence or the (2) The payment under the contract is in an excessive degree too large or Article 177 During the salvage operation, the salvor shall owe a duty to (1) Carry out the salvage operation with due care; (2) Exercise due care to prevent or minimize the pollution damage to the (3) Seek the assistance of other salvors where reasonably necessary; (4) Accept the reasonable request of the salved party to seek the Article 178 During the salvage operation, the party salved is under an (1) Cooperate fully with the salvor; (2) Exercise due care to prevent or minimize the pollution damage to the (3) Promptly accept the request of the salvor to take delivery of the ship Article 179 Where the salvage operations rendered to the distressed ship Article 180 The reward shall be fixed with a view to encouraging salvage (1) Value of the ship and other property salved; (2) Skill and efforts of the salvors in preventing or minimizing the (3) Measure of success obtained by the salvors; (4) Nature and extent of the danger; (5) Skill and efforts of the salvors in salving the ship, other property (6) Time used and expenses and losses incurred by the salvors; (7) Risk of liability and other risks run by the salvors or their (8) Promptness of the salvage services rendered by the salvors; (9) Availability and use of ships or other equipment intended for salvage (10) State of readiness and efficiency of the salvors' equipment and the The reward shall not exceed the value of the ship and other property Article 181 The salved value of the ship and other property means the The value prescribed in the preceding paragraph does not include the value Article 182 If the salvor has carried out the salvage operations in If the salvor has carried out the salvage operations prescribed in the The salvor's expenses referred to in this Article means the salvor's Under all circumstances, the total special compensation provided for in If the salvor has been negligent and has thereby failed to prevent or Nothing in this Article shall affect the right of recourse on the part of Article 183 The salvage reward shall be paid by the owners of the salved Article 184 The distribution of salvage reward among the salvors taking Article 185 The salvors of human life may not demand any remuneration Article 186 The following salvage operations shall not be entitled to (1) The salvage operation is carried out as a duty to normally perform a (2) The salvage operation is carried out in spite of the express and Article 187 Where the salvage operations have become necessary or more Article 188 After the completion of the salvage operation, the party Without prejudice to the provisions of the preceding paragraph, the owner Without the consent of the salvor, the ship or other property salved shall Article 189 The court or the arbitration organization handling the On the basis of the payment on account made by the party salved in Article 190 If the party salved has neither made the payment nor provided The proceeds of the sale shall, after deduction of the expenses incurred Article 191 The provisions of this Chapter shall apply to the salvor's
Chapter I General Provisions
arising from maritime transport and those pertaining to ships, to securing and
protecting the legitimate rights and interests of the parties concerned, and
to promoting the development of maritime transport, economy and trade.
carriage of goods and passengers by sea, including the sea-river and river-sea
direct transport.
contained in Chapter IV of this Code shall not be applicable to the maritime
transport of goods between the ports of the People's Republic of China.
other mobile units, but does not include ships or craft to be used for
military or public service purposes, nor small ships of less than 20 tons
gross tonnage.
include ship's apparel.
People's Republic of China shall be undertaken by ships flying the national
flag of the People's Republic of China, except as otherwise provided for by
laws or administrative rules and regulations.
between the ports of the People's Republic of China unless permitted by the
competent authorities of transport and communications under the State Council.
People's Republic of China after being registered, as required by law, and
granted the nationality of the People's Republic of China.
shall be prohibited and fined by the authorities concerned.
administered by the competent authorities of transport and communications
under the State Council. The specific measures governing such administration
shall be worked out by such authorities and implemented after being submitted
to and approved by the State Council.
Chapter II Ships
lawfully possess, utilize, profit from and dispose of the ship in his
ownership.
owned by the whole people having a legal person status granted by the State,
the provisions of this Code regarding the shipowner shall apply to that legal
person.
a ship shall be registered at the ship registration authorities; no
acquisition, transference or extinction of the ship's ownership shall act
against a third party unless registered.
writing.
individuals, the joint ownership thereof shall be registered at the ship
registration authorities. The joint ownership of the ship shall not act
against a third party unless registered.
preferred compensation enjoyed by the mortgagee of that ship from the proceeds
of the auction sale made in accordance with law where and when the mortgagor
fails to pay his debt to the mortgagee secured by the mortgage of that ship.
the mortgage of the ship.
mortgage of the ship with the ship registration authorities jointly by the
mortgagee and the mortgagor. No mortgage may act against a third party unless
registered.
designation and address of the mortgagor of the ship;
issued the certificate of ownership and the certificate number thereof;
repayment of the debt.
accessible to the public for enquiry.
contract of the ship shall as well be submitted to the ship registration
authorities.
the contract provides otherwise. In case the ship is not insured, the
mortgagee has the right to place the ship under insurance coverage and the
mortgagor shall pay for the premium thereof.
shall, unless otherwise agreed upon among the joint owners, be subject to the
agreement of those joint owners who have more than two-thirds of the shares
thereof.
affected by virtue of the division of ownership thereof.
mortgaged ship shall not be transferred without the consent of the mortgagee.
to debt secured by the mortgaged ship to another person, the mortgage shall be
transferred accordingly.
ranking of the mortgages shall be determined according to the dates of their
respective registrations.
paid out of the proceeds of the auction sale of the ship in the order of
registration of their respective mortgages. The mortgages registered on the
same date shall rank equally for payment.
lost. With respect to the compensation paid from the insurance coverage on
account of the loss of the ship, the mortgagee shall be entitled to enjoy
priority in compensation over other creditors.
provisions of Article 22 of this Code, to take priority in compensation
against shipowners, bareboat charterers or ship operators with respect to the
ship which gave rise to the said claim.
liens:
social insurance costs made by the Master, crew members and other members of
the complement in accordance with the relevant labour laws, administrative
rules and regulations or labour contracts;
operation of the ship;
and other port charges;
tortious act in the course of the operation of the ship.
more than 2,000 tons of oil in bulk as cargo that has a valid certificate
attesting that the ship has oil pollution liability insurance coverage or
other appropriate financial security are not within the scope of sub-paragraph
(5) of the preceding paragraph.
shall be satisfied in the order listed. However, any of the maritime claims
set out in sub-paragraph(4) arising later than those under sub-paragraph (1)
through (3) shall have priority over those under sub-paragraph (1) through
(3). In case there are more than two maritime claims under sub-paragraphs
(1),(2),(3) or (5) of paragraph 1 of Article 22, they shall be satisfied at
the same time regardless of their respective occurrences; where they could not
be paid in full, they shall be paid in proportion. Should there be more than
two maritime claims under subparagraph (4), those arising later shall be
satisfied first.
for preserving and selling the ship, the expenses for distribution of the
proceeds of sale and other expenses incurred for the common interests of the
claimants, shall be deducted and paid first from the proceeds of the auction
sale of the ship.
and a possessory lien shall have priority over ship mortgage.
of the ship builder or repairer to secure the building or repairing cost of
the ship by means of detaining the ship in his possession when the other party
to the contract fails in the performance thereof. The possessory lien shall be
extinguished when the ship builder or repairer no longer possesses the ship he
has built or repaired.
transfer of the ownership of the ship, except those that have not been
enforced within 60 days of a public notice on the transfer of the ownership of
the ship made by a court at the request of the transferee when the transfer
was effected.
Code are transferred, the maritime liens attached thereto shall be transferred
accordingly.
the ship that gave rise to the said maritime lien.
this Code, be extinguished under one of the following circumstances:
within one year of the existence of such maritime lien;
court;
paragraph shall not be suspended or interrupted.
implementation of the limitation of liability for maritime claims provided for
in Chapter XI of this Code.
Chapter III Crew
including the Master.
electrical engineer and radio operator must be those in possession of
appropriate certificates of competency.
Seaman's Book and other relevant certificates issued by the harbour
superintendency authorities of the People's Republic of China.
regards the employment of the crew as well as their labour-related rights and
obligations, the provisions of the relevant laws and administrative rules and
regulations shall apply.
navigation of the ship.
must be carried out by other members of the crew, the passengers and all
persons on board.
persons on board, the documents, postal matters, the goods as well as other
property carried.
Master shall be entitled to confine or take other necessary measures against
those who have committed crimes or violated laws or regulations on board, and
to guard against their concealment, destruction or forging of evidence.
of this Article, shall make a written report of the case, which shall bear the
signature of the Master himself and those of two or more others on board, and
shall be handed over, together with the offender, to the authorities concerned
for disposition.
occurrence of birth or death on board and shall issue a certificate to that
effect in the presence of two witnesses. The death certificate shall be
attached with a list of personal belongings of the deceased, and attestation
shall be given by the Master to the will, if any, of the deceased. Both the
death certificate and the will shall be taken into safe keeping by the Master
and handed over to the family members of the deceased or the organizations
concerned.
property on board have thus been threatened, the Master shall, with crew
members and other persons on board under his command, make best efforts to run
to the rescue. Should the foundering and loss of the ship have become
inevitable, the Master may decide to abandon the ship. However, such
abandonment shall be reported to the shipowner for approval except in case of
emergency.
evacuate the passengers safely from the ship in an orderly way, then make
arrangements for crew members to evacuate, while the Master shall be the last
to evacuate. Before leaving the ship, the Master shall direct the crew members
to do their utmost to rescue the deck log book, the engine log book, the oil
record book, the radio log book, the charts, documents and papers used in the
current voyage, as well as valuables, postal matters and cash money.
ship shall not be absolved even with the presence of a pilot piloting the
ship.
perform his duties for whatever reason, the deck officer with the highest rank
shall act as the Master; before the ship sails from its next port of call, the
shipowner shall appoint a new Master to take command.
Chapter IV Contract of Carriage of Goods by Sea
which the carrier, against payment of freight, undertakes to carry by sea the
goods contracted for shipment by the shipper from one port to another.
carriage of goods by sea has been concluded with a shipper;
of goods, or of part of the carriage, has been entrusted by the carrier, and
includes any other person to whom such performance has been entrusted under a
sub-contract;
carriage of goods by sea has been concluded with a carrier;
been delivered to the carrier involved in the contract of carriage of goods by
sea;
goods;
articles of transport supplied by the shipper for consolidating the goods.
contract of carriage of goods by sea in writing. However, voyage charter shall
be done in writing. Telegrams, telexes and telefaxes have the effect of
written documents.
bill of lading or other similar documents evidencing such contract that
derogates from the provisions of this Chapter shall be null and void. However,
such nullity and voidness shall not affect the validity of other provisions of
the contract or the bill of lading or other similar documents. A clause
assigning the benefit of insurance of the goods in favour of the carrier or
any similar clause shall be null and void.
the increase of duties and obligations by the carrier besides those set out in
this Chapter.
carried in containers covers the entire period during which the carrier is in
charge of the goods, starting from the time the carrier has taken over the
goods at the port of loading, until the goods have been delivered at the port
of discharge. The responsibility of the carrier with respect to
non-containerized goods covers the period during which the carrier is in
charge of the goods, starting from the time of loading of the goods onto the
ship until the time the goods are discharged therefrom. During the period the
carrier is in charge of the goods, the carrier shall be liable for the loss of
or damage to the goods, except as otherwise provided for in this Section.
from entering into any agreement concerning carrier's responsibilities with
regard to non-containerized goods prior to loading onto and after discharging
from the ship.
exercise due diligence to make the ship seaworthy, properly man, equip and
supply the ship and to make the holds, refrigerating and cool chambers and all
other parts of the ship in which goods are carried, fit and safe for their
reception, carriage and preservation.
carry, keep, care for and discharge the goods carried.
the agreed or customary or geographically direct route.
any reasonable deviation shall not be deemed to be an act deviating from the
provisions of the preceding paragraph.
delivered at the designated port of discharge within the time expressly agreed
upon.
by delay in delivery due to the fault of the carrier, except those arising or
resulting from causes for which the carrier is not liable as provided for in
the relevant Articles of this Chapter.
delivery of the goods due to the fault of the carrier, even if no loss of or
damage to the goods had actually occurred, unless such economic losses had
occurred from causes for which the carrier is not liable as provided for in
the relevant Articles of this Chapter.
goods as lost when the carrier has not delivered the goods within 60 days from
the expiry of the time for delivery specified in paragraph 1 of this Article.
the goods occurred during the period of carrier's responsibility arising or
resulting from any of the following causes:
the navigation or management of the ship;
navigable waters;
restrictions or seizure under legal process;
servant or agent.
compensation as provided for in the preceding paragraph shall, with the
exception of the causes given in sub-paragraph (2), bear the burden of proof.
the live animals arising or resulting from the special risks inherent in the
carriage thereof. However, the carrier shall be bound to prove that he has
fulfilled the special requirements of the shipper with regard to the carriage
of the live animals and that under the circumstances of the sea carriage, the
loss or damage has occurred due to the special risks inherent therein.
shall come into an agreement with the shipper or comply with the custom of the
trade or the relevant laws or administrative rules and regulations.
of the preceding paragraph, the carrier shall not be liable for the loss of or
damage to the goods caused by the special risks involved in such carriage.
Article, has shipped the goods on deck and the goods have consequently
suffered loss or damage, the carrier shall be liable therefor.
causes from which the carrier or his servant or agent is not entitled to
exoneration from liability, together with another cause, the carrier shall be
liable only to the extent that the loss, damage or delay in delivery is
attributable to the causes from which the carrier is not entitled to
exoneration from liability; however, the carrier shall bear the burden of
proof with respect to the loss, damage or delay in delivery resulting from the
other cause.
calculated on the basis of the actual value of the goods so lost, while that
for the damage to the goods shall be calculated on the basis of the difference
between the values of the goods before and after the damage, or on the basis
of the expenses for the repair.
plus insurance and freight.
shall be made, at the time of compensation, of the expenses that had been
reduced or avoided as a result of the loss or damage occurred.
shall be limited to an amount equivalent to 666.67 Units of Account per
package or other shipping unit, or 2 Units of Account per kilogramme of the
gross weight of the goods lost or damaged, whichever is the higher, except
where the nature and value of the goods had been declared by the shipper
before shipment and inserted in the bill of lading, or where a higher amount
than the amount of limitation of liability set out in this Article had been
agreed upon between the carrier and the shipper.
consolidate goods, the number of packages or other shipping units enumerated
in the bill of lading as packed in such article of transport shall be deemed
to be the number of packages or shipping units. If not so enumerated, the
goods in such article of transport shall be deemed to be one package or one
shipping unit.
such article of transport shall be deemed to be one package or one shipping
unit.
from delay in delivery of the goods shall be limited to an amount equivalent
to the freight payable for the goods so delayed. Where the loss of or damage
to the goods has occurred concurrently with the delay in delivery thereof, the
limitation of liability of the carrier shall be that as provided for in
paragraph 1 of Article 56 of this Code.
Chapter shall apply to any legal action brought against the carrier with
regard to the loss of or damage to or delay in delivery of the goods covered
by the contract of carriage of goods by sea, whether the claimant is a party
to the contract or whether the action is founded in contract or in tort.
referred to in the preceding paragraph is brought against the carrier's
servant or agent, and the carrier's servant or agent proves that his action
was within the scope of his employment or agency.
limitation of liability provided for in Article 56 or 57 of this Code if it is
proved that the loss, damage or delay in delivery of the goods resulted from
an act or omission of the carrier done with the intent to cause such loss,
damage or delay or recklessly and with knowledge that such loss, damage or
delay would probably result.
of limitation of liability provided for in Article 56 or 57 of this Code, if
it is proved that the loss, damage or delay in delivery resulted from an act
or omission of the servant or agent of the carrier done with the intent to
cause such loss, damage or delay or recklessly and with knowledge that such
loss, damage or delay would probably result.
entrusted to an actual carrier, the carrier shall nevertheless remain
responsible for the entire carriage according to the provisions of this
Chapter. The carrier shall be responsible, in relation to the carriage
performed by the actual carrier, for the act or omission of the actual carrier
and of his servant or agent acting within the scope of his employment or
agency.
contract of carriage by sea provides explicitly that a specified part of the
carriage covered by the said contract is to be performed by a named actual
carrier other than the carrier, the contract may nevertheless provide that the
carrier shall not be liable for the loss, damage or delay in delivery arising
from an occurrence which takes place while the goods are in the charge of the
actual carrier during such part of the carriage.
carrier contained in this Chapter shall be applicable to the actual carrier.
Where an action is brought against the servant or agent of the actual carrier,
the provisions contained in paragraph 2 of Article 58 and paragraph 2 of
Article 59 of this Code shall apply.
obligations not provided for in this Chapter or waives rights conferred by
this Chapter shall be binding upon the actual carrier when the actual carrier
has agreed in writing to the contents thereof. The provisions of such special
agreement shall be binding upon the carrier whether the actual carrier has
agreed to the contents or not.
compensation, they shall jointly be liable within the scope of such liability.
the carrier, the actual carrier and their servants or agents with regard to
the loss of or damage to the goods, the aggregate amount of compensation shall
not be in excess of the limitation provided for in Article 56 of this Code.
affect the recourse between the carrier and the actual carrier.
guarantee the accuracy of the description, mark, number of packages or pieces,
weight or quantity of the goods at the time of shipment and shall indemnity
the carrier against any loss resulting from inadequacy of packing or
inaccuracies in the abovementioned information.
paragraph shall not affect the obligation of the carrier under the contract of
carriage of goods towards those other than the shipper.
port, customs, quarantine, inspection or other competent authorities with
respect to the shipment of the goods and shall furnish to the carrier all
relevant documents concerning the procedures the shipper has gone through. The
shipper shall be liable for any damage to the interest of the carrier
resulting from the inadequacy or inaccuracy or delay in delivery of such
documents.
in compliance with the regulations governing the carriage of such goods, have
them properly packed, distinctly marked and labelled and notify the carrier in
writing of their proper description, nature and the precautions to be taken.
In case the shipper fails to notify the carrier or notified him inaccurately,
the carrier may have such goods landed, destroyed or rendered innocuous when
and where circumstances so require, without compensation. The shipper shall be
liable to the carrier for any loss, damage or expense resulting from such
shipment.
goods and his consent to carry, he may still have such goods landed, destroyed
or rendered innocuous, without compensation, when they become an actual danger
to the ship, the crew and other persons on board or to other goods. However,
the provisions of this paragraph shall not prejudice the contribution in
general average, if any.
be paid by the consignee. However, such an agreement shall be noted in the
transport documents.
carrier or the actual carrier, or for the damage sustained by the ship, unless
such loss or damage was caused by the fault of the shipper, his servant or
agent.
sustained by the carrier or the actual carrier, or for the damage sustained by
the ship, unless the loss or damage was caused by the fault of the servant or
agent of the shipper.
the contract of carriage of goods by sea and the taking over or loading of the
goods by the carrier, and based on which the carrier undertakes to deliver the
goods against surrendering the same. A provision in the document stating that
the goods are to be delivered to the order of a named person, or to order, or
to bearer, constitutes such an undertaking.
been loaded on board, the carrier shall, on demand of the shipper, issue to
the shipper a bill of lading.
bill of lading signed by the Master of the ship carrying the goods is deemed
to have been signed on behalf of the carrier.
or quantity, and a statement, if applicable, as to the dangerous nature of the
goods;
carrier at the port of loading;
are to be delivered in case of a multimodal transport bill of lading;
originals issued;
the preceding paragraph does not affect the function of the bill of lading as
such, provided that it nevertheless meets the requirements set forth in
Article 71 of this Code.
receivedforshipment bill of lading or other similar documents before the goods
are loaded on board, the shipper may surrender the same to the carrier as
against a shipped bill of lading when the goods have been loaded on board. The
carrier may also note on the received-for-shipment bill of lading or other
similar documents with the name of the carrying ship and the date of loading,
and, when so noted, the receivedforshipment bill of lading or other similar
documents shall be deemed to constitute a shipped bill of lading.
description, mark, number of packages or pieces, weight or quantity of the
goods with respect to which the carrier or the other person issuing the bill
of lading on his behalf has the knowledge or reasonable grounds to suspect
that such particulars do not accurately represent the goods actually received,
or, where a shipped bill of lading is issued, loaded, or if he has had no
reasonable means of checking, the carrier or such other person may make a note
in the bill of lading specifying those inaccuracies, the grounds for suspicion
or the lack of reasonable means of checking.
on his behalf made no note in the bill of lading regarding the apparent order
and condition of the goods, the goods shall be deemed to be in apparent good
order and condition.
Article 75 of this Code, the bill of lading issued by the carrier or the other
person acting on his behalf is prima facie evidence of the taking over or
loading by the carrier of the goods as described therein. Proof to the
contrary by the carrier shall not be admissible if the bill of lading has been
transferred to a third party, including a consignee, who has acted in good
faith in reliance on the description of the goods contained therein.
bill of lading with respect to their rights and obligations shall be defined
by the clauses of the bill of lading.
for the demurrage, dead freight and all other expenses in respect of loading
occurred at the loading port unless the bill of lading clearly states that the
aforesaid demurrage, dead freight and all other expenses shall be borne by the
consignee and the holder of the bill of lading.
following provisions:
endorsement in blank;
lading as an evidence of the receipt of the goods to be carried, such a
document is prima facie evidence of the conclusion of the contract of carriage
of goods by sea and the taking over by the carrier of the goods as described
therein.
consignee to the carrier at the time of delivery of the goods by the carrier
to the consignee, such delivery shall be deemed to be prima facie evidence of
the delivery of the goods by the carrier as described in the transport
documents and of the apparent good order and condition of such goods.
of the preceding paragraph shall apply if the consignee has not given the
notice in writing within seven consecutive days from the next day of the
delivery of the goods, or, in the case of containerized goods, within 15 days
from the next day of the delivery thereof.
the state of the goods has, at the time of delivery, been the subject of a
joint survey or inspection by the carrier and the consignee.
on the economic losses resulting from delay in delivery of the goods has been
received from the consignee within 60 consecutive days from the next day on
which the goods had been delivered by the carrier to the consignee.
port of destination, and the carrier may, before delivering the goods at the
port of destination, request the cargo inspection agency to have the goods
inspected. The party requesting such inspection shall bear the cost thereof
but is entitled to recover the same from the party causing the damage.
reasonable facilities for the survey and inspection stipulated in Article 81
and 83 of this Code.
notice in writing given by the consignee to the actual carrier under Article
81 of this Code shall have the same effect as that given to the carrier, and
that given to the carrier shall have the same effect as that given to the
actual carrier.
discharge or if the consignee has delayed or refused the taking delivery of
the goods, the Master may discharge the goods into warehouses or other
appropriate places, and any expenses or risks arising therefrom shall be borne
by the consignee.
be paid to the carrier and other necessary charges paid by the carrier on
behalf of the owner of the goods as well as other charges to be paid to the
carrier have not been paid in full, nor has appropriate security been given,
the carrier may have a lien, to a reasonable extent, on the goods.
Article 87 of this Code have not been taken delivery of within 60 days from
the next day of the ship's arrival at the port of discharge, the carrier may
apply to the court for an order on selling the goods by auction; where the
goods are perishable or the expenses for keeping such goods would exceed their
value, the carrier may apply for an earlier sale by auction.
for the storage and auction sale of the goods, the freight and other related
charges to be paid to the carrier. If the proceeds fall short of such
expenses, the carrier is entitled to claim the difference from the shipper,
whereas any amount in surplus shall be refunded to the shipper. If there is no
way to make the refund and such surplus amount has not been claimed at the end
of one full year after the auction sale, it shall go to the State Treasury.
carriage of goods by sea before the ship sails from the port of loading.
However, except as otherwise provided for in the contract, the shipper shall
in this case pay half of the agreed amount of freight; if the goods have
already been loaded on board, the shipper shall bear the expenses for the
loading and discharge and other related charges.
of the contract and neither shall be liable to the other if, due to force
majeure or other causes not attributable to the fault of the carrier or the
shipper, the contract could not be performed prior to the ship's sailing from
its port of loading. If the freight has already been paid, it shall be
refunded to the shipper, and, if the goods have already been loaded on board,
the loading/discharge expenses shall be borne by the shipper. If a bill of
lading has already been issued, it shall be returned by the shipper to the
carrier.
to the fault of the carrier or the shipper, the ship could not discharge its
goods at the port of destination as provided for in the contract of carriage,
unless the contract provides otherwise, the Master shall be entitled to
discharge the goods at a safe port or place near the port of destination and
the contract of carriage shall be deemed to have been fulfilled.
shipper or the consignee and shall take the interests of the shipper or the
consignee into consideration.
shipowner charters out and the charterer charters in the whole or part of the
ship's space for the carriage by sea of the intended goods from one port to
another and the charterer pays the agreed amount of freight.
of the shipowner, name of the charterer, name and nationality of the ship, its
bale or grain capacity, description of the goods to be loaded, port of
loading, port of destination, laydays, time for loading and discharge, payment
of freight, demurrage, dispatch and other relevant matters.
apply to the shipowner under voyage charter party.
of the parties to the contract shall apply to the shipowner and the charterer
under voyage charter only in the absence of relevant provisions or in the
absence of provisions differing therefrom in the voyage charter.
the case of a bill of lading issued under a voyage charter, the rights and
obligations of the carrier and the holder of the bill of lading shall be
governed by the clauses of the bill of lading. However, if the clauses of the
voyage charter party are incorporated into the bill of lading, the relevant
clauses of the voyage charter party shall apply.
ship may be substituted with the consent of the charterer. However, if the
ship substituted does not meet the requirements of the charter party, the
charterer may reject the ship or cancel the charter. Should any damage or loss
occur to the charterer as a result of the shipowner's failure in providing the
intended ship due to his fault, the shipowner shall be liable for
compensation.
laydays fixed in the charter, the charterer is entitled to cancel the charter
party. However, if the shipowner had notified the charterer of the delay of
the ship and the expected date of its arrival at the port of loading, the
charterer shall notify the shipowner whether to cancel the charter within 48
hours of the receipt of the shipowner's notification.
providing the ship due to the fault of the shipowner, the shipowner shall be
liable for compensation.
the way of calculation thereof, as well as the rate of demurrage that would
incur after the expiration of the laytime and the rate of dispatch money to be
paid as a result of the completion of loading or discharge ahead of schedule,
shall be fixed by the shipowner and the charterer upon mutual agreement.
and obligations under the head charter shall not be affected.
replace the goods with the consent of the shipowner. However, if the goods
replaced is detrimental to the interests of the shipowner, the shipowner shall
be entitled to reject such goods and cancel the charter.
charterer in providing the intended goods, the charterer shall be liable for
compensation.
discharge specified in the charter party. Where the charter party contains a
clause allowing the choice of the port of discharge by the charterer, the
Master may choose one from among the agreed picked ports to discharge the
goods, in case the charterer did not, as agreed in the charter, instruct in
time as to the port chosen for discharging the goods. Where the charterer did
not instruct in time as to the chosen port of discharge, as agreed in the
charter, and the shipowner suffered losses thereby, the charterer shall be
liable for compensation; where the charterer has suffered losses as a result
of the shipowner's arbitrary choice of a port to discharge the goods, in
disregard of the provisions in the relevant charter, the shipowner shall be
liable for compensation.
means a contract under which the multimodal transport operator undertakes to
transport the goods, against the payment of freight for the entire transport,
from the place where the goods were received in his charge to the destination
and to deliver them to the consignee by two or more different modes of
transport, one of which being sea carriage.
paragraph means the person who has entered into a multimodal transport
contract with the shipper either by himself or by another person acting on his
behalf.
respect to the goods under multimodal transport contract covers the period
from the time he takes the goods in his charge to the time of their delivery.
the performance of the multimodal transport contract or the procurement of the
performance therefor, and shall be responsible for the entire transport.
the carriers of the different modes defining their responsibilities with
regard to the different sections of the transport under the multimodal
transport contracts. However, such separate contracts shall not affect the
responsibility of the multimodal transport operator with respect to the entire
transport.
section of the transport, the provisions of the relevant laws and regulations
governing that specific section of the multimodal transport shall be
applicable to matters concerning the liability of the multimodal transport
operator and the limitation thereof.
the goods occurred could not be ascertained, the multimodal transport operator
shall be liable for compensation in accordance with the stipulations regarding
the carrier's liability and the limitation thereof as set out in this Chapter.
Chapter V Contract of Carriage of Passengers by Sea
whereby the carrier undertakes to carry passengers and their luggage by sea
from one port to another by ships suitable for that purpose against payment of
fare by the passengers.
carriage of passengers by sea has been entered into with the passengers;
carriage of passengers has been performed as entrusted by the carrier,
including those engaged in such carriage under a sub-contract.
passengers by sea. With the consent of the carrier, a person supervising the
carriage of goods aboard a ship covered by a contract of carriage of goods is
regarded as a passenger;
the contract of carriage of passengers by sea, with the exception of live
animals.
or is otherwise in his possession, custody or control.
as contained in this Chapter shall be applicable to the actual carrier, and
the provisions regarding the responsibilities of the servant or agent of the
carrier as contained in this Chapter shall be applicable to the servant or
agent of the actual carrier.
carriage of passengers by sea has been entered into.
commences from the time of embarkation of the passengers and terminates at the
time of their disembarkation, including the period during which the passengers
are transported by water from land to the ship or vice versa, if such cost of
transport is included in the fare. However, the period of carriage does not
include the time when the passengers are at a marine terminal or station or on
a quay or in or on any other port installations.
the same as that stipulated in the preceding paragraph. The period of carriage
for luggage other than the cabin luggage commences from the time when the
carrier or his servant or agent receives it into his charge and terminates at
the time when the carrier or his servant or agent redelivers it to the
passengers.
class berth than booked or going beyond the distance paid for shall pay for
the fare or the excess fare as required by relevant regulations, and the
carrier may, according to the relevant regulations, charge additional fare.
Should any passenger refuse to pay, the Master is entitled to order him to
disembark at a suitable place and the carrier has the right of recourse
against him.
contraband goods or any article of an inflammable, explosive, poisonous,
corrosive or radioactive nature or other dangerous goods that would endanger
the safety of life and property on board.
the passenger or packed in his luggage in breach of the provisions of the
preceding paragraph discharged, destroyed or rendered innocuous at any time
and at any place or sent over to the appropriate authorities, without being
liable for compensation.
occurs as a result of his breach of the provisions of paragraph 1 of this
Article.
luggage as provided for in Article 111 of this Code, the carrier shall be
liable for the death of or personal injury to passengers or the loss of or
damage to their luggage resulting from accidents caused by the fault of the
carrier or his servant or agent committed within the scope of his employment
or agency.
carrier or his servant or agent, with the exception, however, of the
circumstances specified in paragraphs 3 and 4 of this Article.
to the passengers' cabin luggage occurred as a result of shipwreck, collision,
stranding, explosion, fire or the defect of the ship, it shall be presumed
that the carrier or his servant or agent has committed a fault, unless proof
to the contrary has been given by the carrier or his servant or agent.
cabin luggage, unless the carrier or his servant or agent proves to the
contrary, it shall be presumed that the carrier or his servant or agent has
committed a fault, no matter how the loss or damage was caused.
injury to the passenger or the loss of or damage to his luggage was caused by
the fault of the passenger himself or the faults of the carrier and the
passenger combined, the carrier's liability may be exonerated or appropriately
mitigated.
passenger or the loss of or damage to the passenger's luggage was
intentionally caused by the passenger himself, or the death or personal injury
was due to the health condition of his, the carrier shall not be liable
therefor.
the monies, gold, silver, jewellery, negotiable securities or other valuables
of the passengers.
safe-keeping of the carrier under an agreement for that purpose, the carrier
shall be liable for compensation in accordance with the provisions of Article
117 of this Code. Where the limitation of liability agreed upon between the
carrier and the passenger in writing is higher than that set out in Article
117 of this Code, the carrier shall make the compensation in accordance with
that higher amount.
Article, the limitation of liability of the carrier under each carriage of
passengers by sea shall be governed by the following:
Units of Account per passenger;
833 Units of Account per passenger;
luggage carried therein: not exceeding 3,333 Units of Account per vehicle;
subparagraphs (2) and (3) above: not exceeding 1,200 Units of Account per
passenger.
respect to the deductibles applicable to the compensation for loss of or
damage to the passengers' vehicles and luggage other than their vehicles.
However, the deductible with respect to the loss of or damage to the
passengers' vehicles shall not exceed 117 Units of Account per vehicle,
whereas the deductible for the loss of or damage to the luggage other than the
vehicle shall not exceed 13 Units of Account per piece of luggage per
passenger. In calculating the amount of compensation for the loss of or damage
to the passenger's vehicle or the luggage other than the vehicle, deduction
shall be made of the agreed deductibles the carrier is entitled to.
above may be agreed upon between the carrier and the passenger in writing.
passengers by sea between the ports of the People's Republic of China shall be
fixed by the competent authorities of transport and communications under the
State Council and implemented after its being submitted to and approved by the
State Council.
passenger or the loss of or damage to the passenger's luggage resulted from an
act or omission of the carrier done with the intent to cause such loss or
damage or recklessly and with knowledge that such death or personal injury or
such loss or damage would probably result, the carrier shall not invoke the
provisions regarding the limitation of liability contained in Articles 116 and
117 of this Code.
the loss of or damage to the passenger's luggage resulted from an act or
omission of the servant or agent of the carrier done with the intent to cause
such loss or damage or recklessly and with knowledge that such death or
personal injury or such loss or damage would probably result, the servant or
agent of the carrier shall not invoke the provisions regarding the limitation
of liability contained in Articles 116 and 117 of this Code.
shall notify the carrier or his servant or agent in writing according to the
following:
time of his embarkation;
or at the time of redelivery thereof.
passenger to discover such damage at the time of his disembarkation or of the
redelivery of the luggage, or if the luggage has been lost, the passenger
shall notify the carrier or his servant or agent in writing within 15 days
from the next day of disembarkation of the passenger or of the redelivery of
the luggage.
accordance with the provisions of sub-paragraphs (1) and (2) of this Article,
it shall be presumed that the luggage has been received undamaged, unless
proof to the contrary is made.
and the carrier at the time of redelivery thereof, the abovementioned notice
need not be given.
agent, such servant or agent shall be entitled to invoke the provisions
regarding defence and limitation of liability contained in Articles 115, 116
and 117 of this Code if such servant or agent proves that his act or omission
was within the scope of his employment or agency.
thereof has been entrusted by the carrier to an actual carrier, the carrier
shall, as stipulated in this Chapter, remain liable for the entire carriage.
Where the carriage is performed by the actual carrier, the carrier shall be
liable for the act or omission of the actual carrier or the act or omission of
his servant or agent within the scope of his employment or agency.
obligations not provided for in this Chapter or waives the rights conferred by
this Chapter shall be binding upon the actual carrier where the actual carrier
has expressly agreed in writing to the contents thereof. Such a special
agreement shall be binding upon the carrier whether the actual carrier has
agreed to its contents or not.
compensation, they shall be liable jointly and severally within the scope of
such liability.
the actual carrier and their servants or agents with respect to the death of
or personal injury to the passengers or the loss of or damage to their
luggage, the aggregate amount of compensation shall not be in excess of the
limitation prescribed in Article 117 of this Code.
not affect the right of recourse between the carrier and the actual carrier.
carriage of passengers by sea shall be null and void:
in respect of the passenger;
contained in this Chapter;
concerning burden of proof;
shall not prejudice the validity of the other clauses of the contract.
Chapter VI Charter Parties
shipowner and the charterer in this Chapter shall apply only when there are no
stipulations or no different stipulations in this regard in the charter party.
charter parties shall be concluded in writing.
provides a designated manned ship to the charterer, and the charterer employs
the ship during the contractual period for the agreed service against payment
of hire.
shipowner, the name of the charterer; the name, nationality, class, tonnage,
capacity, speed and fuel consumption of the ship; the trading area; the agreed
service, the contractual period, the time, place and conditions of delivery
and redelivery of the ship; the hire and the way of its payment and other
relevant matters.
upon in the charter party.
paragraph, the charterer is entitled to cancel the charter. However, if the
shipowner has notified the charterer of the anticipated delay in delivery and
has given an estimated time of arrival of the ship at the port of delivery,
the charterer shall notify the shipowner, within 48 hours of the receipt of
such notice from the shipowner, of his decision whether to cancel the charter
or not.
delay in delivery of the ship due to the shipowner's fault.
diligence to make the ship seaworthy. The ship delivered shall be fit for the
intended service.
paragraph, the charterer shall be entitled to cancel the charter and claim any
losses resulting therefrom.
with the seaworthiness or the other conditions agreed upon in the charter, the
shipowner shall take all reasonable measures to have them restored as soon as
possible.
to its failure to maintain the seaworthiness or the other conditions as agreed
upon, the charterer shall not pay the hire for the operating time so lost,
unless such failure was caused by the charterer.
in the agreed maritime transport between the safe ports or places within the
trading area agreed upon.
the shipowner is entitled to cancel the charter and claim any losses resulting
therefrom.
to carry the lawful merchandise agreed.
dangerous goods, a prior consent of the shipowner is required.
the charterer's violation of the provisions of paragraph 1 or paragraph 2 of
this Article.
instructions with respect to the operation of the ship. However, such
instructions shall not be inconsistent with the stipulations of the time
charter.
notify the shipowner of the sublet in time. The rights and obligations agreed
upon in the head charter shall not be affected by the sub-charter.
transferred by the shipowner, the rights and obligations agreed upon under the
original charter shall not be affected. However, the shipowner shall inform
the charterer thereof in time. After such transfer, the transferee and the
charterer shall continue to perform the original charter.
charter period, the charterer shall be entitled to half of the amount of the
payment for salvage operations after deducting therefrom the salvage expenses,
compensation for damage, the portion due to crew members and other relevant
costs.
charter. Where the charterer fails to pay the hire as agreed upon, the
shipowner shall be entitled to cancel the charter party and claim any losses
resulting therefrom.
money as agreed upon in the charter, the shipowner shall have a lien on the
charterer's goods, other property on board and earnings from the sub-charter.
ship shall be in the same good order and condition as it was at the time of
delivery, fair wear and tear excepted.
and condition as it was at the time of delivery, the charterer shall be
responsible for rehabilitation or for compensation.
able to complete its last voyage at around the time of redelivery specified in
the charter and probably thereafter, the charterer is entitled to continue to
use the ship in order to complete that voyage even if its time of redelivery
will be overdue. During the extended period, the charterer shall pay the hire
at the rate fixed by the charter, and, if the current market rate of hire is
higher than that specified in the charter, the charterer shall pay the hire at
the current market rate.
shipowner provides the charterer with an unmanned ship which the charterer
shall possess, employ and operate within an agreed period and for which the
charterer shall pay the shipowner the hire.
shipowner and the name of the charterer; the name, nationality, class, tonnage
and capacity of the ship; the trading area, the employment of the ship and the
charter period; the time, place and condition of delivery and redelivery; the
survey, maintenance and repair of the ship; the hire and its payment; the
insurance of the ship; the time and condition for the termination of the
charter and other relevant matters.
the charterer at the port or place and time as stipulated in the charter
party. At the time of delivery, the shipowner shall exercise due diligence to
make the ship seaworthy. The ship delivered shall be fit for the agreed
service.
paragraph, the charterer shall be entitled to cancel the charter and claim any
losses resulting therefrom.
repair of the ship during the bareboat charter period.
insured, at the value agreed upon in the charter and in the way consented to
by the shipowner, by the charterer at his expense.
possession, employment or operation of the ship has affected the interests of
the shipowner or caused any losses thereto, the charterer shall be liable for
eliminating the harmful effect or compensating for the losses.
debts owed by the shipowner, the shipowner shall guarantee that the interest
of the charterer is not affected. The shipowner shall be liable for
compensation for any losses suffered by the charterer thereby.
assign the rights and obligations stipulated in the charter or sublet the ship
under bareboat charter without the shipowner's consent in writing.
during the bareboat charter period without the prior consent in writing by the
charterer.
and thereby causes losses to the charterer, the shipowner shall be liable for
compensation.
charter. In default of payment by the charterer for seven consecutive days or
more after the time as agreed in the charter for such payment, the shipowner
is entitled to cancel the charter without prejudice to any claim for the loss
arising from the charterer's default.
day when the ship was lost or last heard of. Any hire paid in advance shall be
refunded in proportion.
Article 142 and Article 143 of this Code shall be applicable to bareboat
charter parties.
leasepurchase clause shall be transferred to the charterer when the charterer
has paid off the leasepurchase price to the shipowner as stipulated in the
charter.
Chapter VII Contract of Sea Towage
undertakes to tow an object by sea with a tug from one place to another and
the tow party pays the towage.
service rendered to ships within the port area.
contents shall mainly include name and address of the tugowner, name and
address of the tow party, name and main particulars of the tug and name and
main particulars of the object to be towed, horse power of the tug, place of
commencement of the towage and the destination, the date of commencement of
the towage, towage price and the way of payment thereof, as well as other
relevant matters.
towage, exercise due diligence to make the tug seaworthy and towworthy and to
properly man the tug and equip it with gears and tow lines and to provide all
other necessary supplies and appliances for the intended voyage.
necessary preparations therefor and shall exercise due diligence to make the
object to be towed towworthy and shall give a true account of the object to be
towed and provide the certificate of towworthiness and other documents issued
by the relevant survey and inspection organizations.
force majeure or other causes not attributable to the fault of either party,
the towage contract could not be performed, either party may cancel the
contract and neither shall be liable to the other. In such event, the towage
price that had already been paid shall be returned to the tow party by the
tugowner, unless otherwise agreed upon in the towage contract.
majeure or other causes not attributable to the fault of either party, the
towage contract could not be performed, either party may cancel the towage
contract and neither shall be liable to the other.
force majeure or other causes not attributable to the fault of either party,
unless the towage contract provides otherwise, the tugowner may deliver the
object towed to the tow party or its agent at a place near the destination or
at a safe port or an anchorage chosen by the Master of the tug, and the
contract of towage shall be deemed to have been fulfilled.
reasonable expenses as agreed, the tugowner shall have a lien on the object
towed.
the tugowner or the tow party was caused by the fault of one of the parties,
the party in fault shall be liable for compensation. If the damage was caused
by the faults of both parties, both parties shall be liable for compensation
in proportion to the extent of their respective faults.
shall not be liable if he proves that the damage suffered by the tow party is
due to one of the following causes:
other servants or agents of the tugowner in the navigation and management of
the tug:
sea.
provisions or no different provisions in this regard in the sea towage
contract.
property thereof has occurred during the sea towage due to the fault of the
tugowner or the tow party, the tugowner and the tow party shall be liable
jointly and severally to that third party. Except as otherwise provided for in
the towage contract, the party that has jointly and severally paid a
compensation in an amount exceeding the proportion for which it is liable
shall have the right of recourse against the other party.
transport goods by sea from one port to another, it shall be deemed as an act
of carriage of goods by sea.
Chapter VIII Collision of Ships
touching of ships at sea or in other navigable waters adjacent thereto.
nonmilitary or public service ships or craft that collide with the ships
mentioned in Article 3 of this Code.
collision is bound, so far as he can do so without serious danger to his ship
and persons on board to render assistance to the other ship and persons on
board.
possible to make known to the other ship the name of his ship, its port of
registry, port of departure and port of destination.
collision is caused by force majeure or other causes not attributable to the
fault of either party or if the cause thereof is left in doubt.
the one in fault shall be liable therefor.
liable in proportion to the extent of its fault; if the respective faults are
equal in proportion or it is impossible to determine the extent of the
proportion of the respective faults, the liability of the colliding ships
shall be apportioned equally.
and other property on board pursuant to the proportions prescribed in the
preceding paragraph. Where damage is caused to the property of a third party,
the liability for compensation of any of the colliding ships shall not exceed
the proportion it shall bear.
third party, they shall be jointly and severally liable therefor. If a ship
has paid an amount of compensation in excess of the proportion prescribed in
paragraph 1 of this Article, it shall have the right of recourse against the
other ship(s) in fault.
goods or other property on board that ship, either by the execution or
nonexecution of a manoeuvre or by the nonobservance of navigation regulations,
even if no collision has actually occurred, the provisions of this Chapter
shall apply.
Chapter IX Salvage at Sea
operations rendered at sea or any other navigable waters adjacent thereto to
ships and other property in distress.
other non-military, public service ship or craft that has been involved in a
salvage operation therewith;
attached to the shoreline and includes freight at risk.
operations to be paid by the salved party to the salvor pursuant to the
provisions of this Chapter.
floating platforms or mobile offshore drilling units when such platforms or
units are on location engaged in the exploration, exploitation or production
of sea-bed mineral resources.
danger to his ship and persons on board, to render assistance to any person in
danger of being lost at sea.
agreement has been reached between the salvor and the salved party regarding
the salvage operations to be undertaken.
contract for salvage operations on behalf of the shipowner. The Master of the
ship in distress or its owner shall have the authority to conclude a contract
for salvage operations on behalf of the owner of the property on board.
court which has entertained the suit brought by either party, or modified by
an award of the arbitration organization to which the dispute has been
submitted for arbitration upon the agreement of the parties, under any of the
following circumstances:
influence of danger and its terms are obviously inequitable;
too small for the services actually rendered.
the salved party to:
environment;
participation in the salvage operation of other salvors. However, if the
request is not wellfounded, the amount of payment due to the original salvor
shall not be affected.
obligation to the salvor to:
environment;
or property salved when such ship or property has been brought to a place of
safety.
and other property have had a useful result, the salvor shall be entitled to a
reward. Except as otherwise provided for by Article 182 of this Code or by
other laws or the salvage contract, the salvor shall not be entitled to the
payment if the salvage operations have had no useful result.
operations, taking into full account the following criteria:
pollution damage to the environment;
and life;
equipment;
operations;
value thereof.
salved.
assessed value of the ship and other property salved or the proceeds of the
sale thereof, after deduction of the relevant taxes and customs dues,
quarantine expenses, inspection charges as well as expenses incurred in
connection with the discharge, storage, assessment of the value and the sale
thereof.
of the salved personal belongings of the crew and that of the cabin luggage of
the passengers.
respect of a ship which by itself or its goods threatened pollution damage to
the environment and has failed to earn a reward under Article 180 of this Code
at least equivalent to the special compensation assessable in accordance with
this Article, he shall be entitled to special compensation from the owner of
that ship equivalent to his expenses as herein defined.
preceding paragraph and has prevented or minimized pollution damage to the
environment, the special compensation payable by the owner to the salvor under
paragraph 1 of this Article may be increased by an amount up to a maximum of
30% of the expenses incurred by the salvor. The court which has entertained
the suit or the arbitration organization may, if it deems fair and just and
taking into consideration the provisions of paragraph 1 of Article 180 of this
Code, render a judgment or an award further increasing the amount of such
special compensation, but in no event shall the total increase be more than
100% of the expenses incurred by the salvor.
outofpocket expenses reasonably incurred in the salvage operation and the
reasonable expenses for the equipment and personnel actually used in the
salvage operation. In determining the salvor's expenses, the provisions of
subparagraphs (8), (9) and (10) of paragraph 1 of Article 180 of this Code
shall be taken into consideration.
this Article shall be paid only if such compensation is greater than the
reward recoverable by the salvor under Article 180 of this Code, and the
amount to be paid shall be the difference between the special compensation and
the reward.
minimize the pollution damage to the environment, the salvor may be totally or
partly deprived of the right to the special compensation.
the shipowner against any other parties salved.
ship and other property in accordance with the respective proportions which
the salved values of the ship and other property bear to the total salved
value.
part in the same salvage operation shall be made by agreement among such
salvors on the basis of the criteria set out in Article 180 of this Code;
failing such agreement, the matter may be brought before the court hearing the
case for judgment, or, upon the agreement of the parties, submitted to the
arbitration organization for an award.
from those whose lives are saved. However, salvors of human life are entitled
to a fair share of the payment awarded to the salvors for salving the ship or
other property or for preventing or minimizing the pollution damage to the
environment.
remuneration:
towage contract or other service contract, with the exception, however, of
providing special services beyond the performance of the above said duty.
reasonable prohibition on the part of the Master of the ship in distress, the
owner of the ship in question and the owner of the other property.
difficult due to the fault of the salvor or where the salvor has committed
fraud or other dishonest conduct, the salvor shall be deprived of the whole or
part of the payment payable to him.
salved shall, at the request of the salvor, provide satisfactory security for
salvage reward and other charges.
of the ship salved shall, before the release of the goods, make best
endeavours to cause the owners of the property salved to provide satisfactory
security for the share of the payment that they ought to bear.
not be removed from the port or place at which they first arrived after the
completion of the salvage operation, until satisfactory security has been
provided with respect to the ship or other property salved, as demanded by the
salvor.
salvor's claim for payment may, in light of the specific circumstances and
under fair and just terms, decide or make an award ordering the party salved
to pay on account an appropriate amount to the salvor.
accordance with the provisions of the preceding paragraph, the security
provided under Article 188 of this Code shall be reduced accordingly.
satisfactory security for the ship and other property salved after 90 days of
the salvage, the salvor may apply to the court for an order on forced sale by
auction. With respect to the ship or the property salved that cannot be kept
or cannot be properly kept, or the storage charge to be incurred may exceed
its value, the salvor may apply for an earlier forced sale by auction.
for the storage and sale, be used for the payment in accordance with the
provisions of this Code. The remainder, if any, shall be returned to the party
salved, and, if there is no way to return the remainder or if the remainder
has not been claimed after one year of the forced sale, it shall go to the
State Treasury. In case of any deficiency, the salvor has the right of
recourse against the party salved.
right to the payment for the salvage operations carried out between the ships
of the same owner.