Maritime
Code of the People's Republic of China
(Adopted at the 28th Meeting of the
Standing Committee of the Seventh National People's Congress on November 7,
1992 and promulgated
by Order No.64 of the President of the People's Republic of
China on November 7, 1992)
Contents
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 and 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 Foreign-related Matters
Chapter XV
Supplementary Provisions
Chapter
I
General
Provisions
Article 1 This Code is enacted with a view to regulating the relations
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.
Article 2 "Maritime transport" as referred to in this Code
means the carriage of goods and passengers by sea, including the sea-river
and
river-sea direct transport.
The provisions concerning contracts of
carriage of goods by sea as 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.
Article 3 "Ship" as referred to in this Code means sea-going
ships and 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.
The term "ship" as referred to
in the preceding paragraph shall also include ship's apparel.
Article 4 Maritime transport and towage services between the ports of
the 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.
No foreign ships may engage in the
maritime transport or towage services between the ports of the People's
Republic of China unless
permitted by the competent authorities of transport
and communications under the State Council.
Article 5 Ships are allowed to sail under the national flag of the
People's Republic of China after being registered, as required by law, and
granted
the nationality of the People's Republic of China.
Ships illegally flying the national flag of the People's Republic of
China shall be prohibited and fined by the authorities concerned.
Article 6 All matters pertaining to maritime transport shall be
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
Section
1
Ownership
of Ships
Article 7 The ownership of a ship means the shipowner's rights to
lawfully possess, utilize, profit from and dispose of the ship in his ownership.
Article 8 With respect to a State-owned ship operated by an enterprise
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.
Article 9 The acquisition, transference or extinction of the ownership
of 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.
The transference of the ownership of a
ship shall be made by a contract in writing.
Article 10 Where
a ship is jointly owned by two or more legal persons or 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.
Section
2
Mortgage
of Ships
Article 11 The right of mortgage with respect to a ship is the right of
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.
Article 12 The owner of a ship or those authorized thereby may
establish the mortgage of the ship.
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 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.
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 designation and address of the mortgagor of the ship;
(2) Name and nationality of the mortgaged
ship and the authorities that issued the certificate of ownership and the
certificate number
thereof;
(3) Amount of debt secured, the interest
rate and the period for the repayment of the debt.
Information about the registration of
mortgage of ships shall be accessible to the public for enquiry.
Article 14 Mortgage may be established on a ship under construction.
In registering the mortgage of a ship
under construction, the building contract of the ship shall as well be
submitted to the ship
registration authorities.
Article 15 The mortgaged ship shall be insured by the mortgagor unless
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.
Article 16 The establishment of mortgage by the joint owners of a ship
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.
The mortgage established by the joint
owners of a ship shall not be affected by virtue of the division of ownership
thereof.
Article 17 Once a mortgage is established on a ship, the ownership of
the mortgaged ship shall not be transferred without the consent of the
mortgagee.
Article 18 In case the mortgagee has transferred all or part of his
right to debt secured by the mortgaged ship to another person, the mortgage
shall
be transferred accordingly.
Article 19 Two
or more mortgages may be established on the same ship. The ranking of the
mortgages shall be determined according to the dates
of their respective registrations.
In case two or more mortgages are
established, the mortgagees shall be 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.
Article 20 The mortgages shall be extinguished when the mortgaged ship
is 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.
Section
3
Maritime
Liens
Article 21 A maritime lien is the right of the claimant, subject to the
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.
Article 22 The following maritime claims shall be
entitled to maritime liens:
(1) Payment claims for wages, other
remuneration, crew repatriation and 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;
(2) Claims in respect of loss of life or
personal injury occurred in the operation of the ship;
(3) Payment claims for ship's tonnage
dues, pilotage dues, harbour dues and other port charges;
(4) Payment claims for salvage payment;
and
(5) Compensation claims for loss of or
damage to property resulting from tortious act in the course of the operation
of the ship.
Compensation claims for oil pollution
damage caused by a ship carrying 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.
Article 23 The maritime claims set out in paragraph 1 of Article 22
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
sub-paragraph (4), those arising
later shall be satisfied first.
Article 24 The legal costs for enforcing the maritime liens, the
expenses 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.
Article 25 A maritime lien shall have priority over a possessory lien,
and a possessory lien shall have priority over ship mortgage.
The possessory lien referred to in the
preceding paragraph means the right 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.
Article 26 Maritime liens shall not be extinguished by virtue of the
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.
Article 27 In case the maritime claims provided for in Article 22 of
this Code are transferred, the maritime liens attached thereto shall be
transferred accordingly.
Article 28 A maritime lien shall be enforced by the court by arresting
the ship that gave rise to the said maritime lien.
Article 29 A maritime lien
shall, except as provided for in Article 26 of this Code, be extinguished under
one of the following circumstances:
(1) The maritime claim attached by a
maritime lien has not been enforced within one year of the existence of such
maritime lien;
(2) The ship in question has been the
subject of a forced sale by the court; or
(3) The ship has been lost.
The period of one year specified in
sub-paragraph (1) of the preceding paragraph shall not be suspended or
interrupted.
Article 30 The provisions of this Section shall not affect the
implementation of the limitation of liability for maritime claims provided for
in Chapter Xl of this Code.
Chapter
III
Crew
Section
1
Basic
Principles
Article 31 The term "crew" means the entire complement of the
ship, including the Master.
Article 32 The Master, deck officers, chief engineer, engineers,
electrical engineer and radio operator must be those in possession of
appropriate
certificates of competency.
Article 33 Chinese "crew" engaged in international voyages
must possess Seaman's Book and other relevant certificates issued by the
harbour superintendency authorities of the People's Republic of China.
Article 34 In the absence of specific stipulations in this Code as
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.
Section
2
The
Master
Article 35 The Master shall be responsible for the management and
navigation of the ship.
Orders given by the Master within the
scope of his functions and powers must be carried out by other members of the
crew, the passengers
and all persons on board.
The Master shall take necessary measures
to protect the ship and all persons on board, the documents, postal matters,
the goods as
well as other property carried.
Article 36 To ensure the safety of the ship and all persons on board,
the 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.
The Master, having taken actions as
referred to in the preceding paragraph 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.
Article 37 The Master shall make entries in the log book of any
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.
Article 38 Where a sea casualty has occurred to a ship and the life and
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.
Upon abandoning the ship, the Master must
take all measures first to 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.
Article 39 The duty of the Master in the management and navigation of
the ship shall not be absolved even with the presence of a pilot piloting
the
ship.
Article 40 Should death occur to the Master or the Master be unable to
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
Section
1
Basic
Principles
Article 41 A contract of carriage of goods by sea is a contract under
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.
Article 42 For the purposes of this Chapter:
(1) "Carrier" means the person
by whom or in whose name a contract of carriage of goods by sea has been
concluded with a
shipper;
(2) "Actual carrier" means the
person to whom the performance of carriage 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;
(3) "Shipper" means:
a) The person by whom or in whose name or
on whose behalf a contract of carriage of goods by sea has been concluded with
a carrier;
b) The person by whom or in whose name or
on whose behalf the goods have been delivered to the carrier involved in the
contract of
carriage of goods by sea;
(4) "Consignee" means the person
who is entitled to take delivery of the goods;
(5) "Goods" includes live
animals and containers, pallets or similar articles of transport supplied by
the shipper for consolidating
the goods.
Article 43 The carrier or the shipper may demand confirmation of the
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.
Article 44 Any stipulation in a contract of carriage of goods by sea or
a 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.
Article 45 The provisions of Article 44 of this Code shall not
prejudice the increase of duties and obligations by the carrier besides
those set out in this Chapter.
Section
2
Carrier's
Responsibilities
Article 46 The responsibilities of the carrier with regard to the goods
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.
The provisions of the preceding paragraph
shall not prevent the carrier 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.
Article 47 The carrier shall, before and at the beginning of the
voyage, 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.
Article 48 The carrier shall properly and carefully load, handle, stow,
carry, keep, care for and discharge the goods carried.
Article 49 The carrier shall carry the goods to the port of discharge
on the agreed or customary or geographically direct route.
Any deviation in saving or attempting to
save life or property at sea or any reasonable deviation shall not be deemed to
be an act
deviating from the provisions of the preceding paragraph.
Article 50 Delay in delivery occurs when the goods have not been
delivered at the designated port of discharge within the time expressly agreed
upon.
The carrier shall be liable for the loss
of or damage to the goods caused 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.
The carrier shall be liable for the
economic losses caused by delay in 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.
The person entitled to make a claim for
the loss of goods may treat the 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.
Article 51 The carrier shall not be liable for the loss of or damage to
the goods occurred during the period of carrier's responsibility arising
or
resulting from any of the following causes:
(1) Fault of the Master, crew members,
pilot or servant of the carrier in the navigation or management of the ship;
(2) Fire, unless caused by the actual
fault of the carrier;
(3) Force majeure and perils, dangers and
accidents of the sea or other navigable waters;
(4) War or armed conflict;
(5) Act of the government or competent
authorities, quarantine restrictions or seizure under legal process;
(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; and
(12) Any other cause arising without the
fault of the carrier or his servant or agent.
The carrier who is entitled to exoneration
from the liability for 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.
Article 52 The carrier shall not be liable for the loss of or damage to
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.
Article 53 In case the carrier intends to ship the goods on deck, he
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.
When the goods have been shipped on deck
in accordance with the provisions 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.
If the carrier, in breach of the
provisions of the first paragraph of this Article, has shipped the goods on deck and the goods
have consequently suffered loss or damage, the carrier shall be liable
therefore.
Article 54 Where loss or damage or delay in delivery has occurred from
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.
Article 55 The amount of indemnity for the loss of the goods shall be
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.
The actual value shall be the value of the
goods at the time of shipment plus insurance and freight.
From the actual value referred to in the
preceding paragraph, deduction 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.
Article 56 The carrier's liability for the loss of or damage to the
goods 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.
Where a container, pallet or similar article of transport is used to
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.
Where the article of transport is not
owned or furnished by the carrier, such article of transport shall be deemed to
be one package
or one shipping unit.
Article 57 The liability of the carrier for the economic losses
resulting 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.
Article 58 The defence and limitation of liability provided for in this
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.
The provisions of the preceding paragraph
shall apply if the action 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.
Article 59 The carrier shall not be entitled to the benefit of the
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.
The servant or agent of the carrier shall
not be entitled to the benefit 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.
Article 60 Where the performance of the carriage or part thereof has
been 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.
Notwithstanding the provisions of the
preceding paragraph, where a 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.
Article 61 The provisions with respect to
the responsibility of the 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.
Article 62 Any special agreement under which the carrier assumes 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.
Article 63 Where both the carrier and the actual carrier are liable for
compensation, they shall jointly and severally be liable within the scope
of
such liability.
Article 64 If claims for compensation have been
separately made against 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.
Article 65 The provisions of Article 60 through 64 of this Code shall
not affect the recourse between the carrier and the actual carrier.
Section
3
Shipper's
Responsibilities
Article 66 The shipper shall have the goods properly packed and shall
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 indemnify the
carrier against any loss resulting from inadequacy
of packing or inaccuracies
in the above-mentioned information.
The carrier's right to indemnification as
provided for in the preceding paragraph shall not affect the obligation of the
carrier under
the contract of carriage of goods towards those other than the
shipper.
Article 67 The shipper shall perform all necessary procedures at the
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.
Article 68 At the time of shipment of dangerous goods, the shipper
shall, 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.
Notwithstanding the carrier's knowledge of
the nature of the dangerous 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.
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 be paid by the consignee. However, such an
agreement shall
be noted in the transport documents.
Article 70 The shipper shall not be liable for the loss sustained
by the 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.
The servant or agent of the shipper shall
not be liable for the loss 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.
Section
4
Transport
Documents
Article 71 A bill of lading is a document which serves as an evidence
of 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.
Article 72 When the goods have been taken over by the carrier or have
been loaded on board, the carrier shall, on demand of the shipper, issue
to the
shipper a bill of lading.
The bill of lading may be signed by a
person authorized by the carrier. A bill of lading signed by the Master of the
ship carrying
the goods is deemed to have been signed on behalf of the carrier.
Article 73 A bill of lading shall contain the following particulars:
(1) Description of the goods, mark, number
of packages or pieces, weight or quantity, and a statement, if applicable, as
to the dangerous
nature of the goods;
(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 carrier at the port of loading;
(7) Port of discharge;
(8) Place where the goods were taken over
and the place where the goods are to be delivered in case of a multimodal
transport bill
of lading;
(9) Date and place of issue of the bill of
lading and the number of originals issued;
(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 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.
Article 74 If the carrier has issued, on demand of the shipper, a
received-for-shipment 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 received-for-shipment bill of lading or other similar
documents
shall be deemed to constitute a shipped bill of lading.
Article 75 If the bill of lading contains particulars concerning the
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.
Article 76 If the carrier or the other person issuing the bill of
lading 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 77 Except for the note made in accordance with the provisions
of 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.
Article 78 The relationship between the carrier and the holder of the
bill of lading with respect to their rights and obligations shall be defined
by
the clauses of the bill of lading.
Neither the consignee nor the holder of
the bill of lading shall be liable
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.
Article 79 The negotiability of a bill of lading shall be governed by
the following provisions:
(1) A straight bill of lading is not
negotiable;
(2) An order bill of lading may be
negotiated with endorsement to order or endorsement in blank;
(3) A bearer bill of lading is negotiable
without endorsement.
Article 80 Where a carrier has issued a document other than a bill of
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.
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
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.
Where the loss of or damage to the goods
is not apparent, the provisions of the preceding paragraph shall apply if the
consignee has
not given the notice in writing within 7 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 notice in writing regarding the loss
or damage need not be given if 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.
Article 82 The carrier shall not be liable for compensation if no
notice 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.
Article 83 The consignee may, before taking delivery of the goods at
the 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.
Article 84 The carrier and the consignee shall mutually provide
reasonable facilities for the survey and inspection stipulated in Articles 81
and 83 of this Code.
Article 85 Where the goods have been delivered by the actual carrier,
the 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.
Article 86 If the goods were not taken delivery of at the port of
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.
Article 87 If the freight, contribution in general average, demurrage
to 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 88 If the goods under lien in accordance with the provisions of
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.
The proceeds from the auction sale shall
be used to pay off the expenses 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.
Section
6
