Yang & Lin Successfully Co-hosted Seminar on Expanding the Application of the Maritime Code (Revised Draft) to Inland Water Transport and Vessel

Yang & Lin Successfully Co-hosted Seminar on Expanding the Application of the Maritime Code (Revised Draft) to Inland Water Transport and Vessel

The Seminar on Expanding the Application of the Maritime Code (Revised Draft) to Inland Water Transport and Vessel was successfully held in Guangzhou on 19 Sep 2018. The seminar was hosted by Yangtze River Maritime Law Society, Guangzhou Maritime Judges Association, Maritime Law Committee of Guangdong Lawyers Association, co-hosted by Guangdong Shipowners Association, GIFFA, Shipping Law Research Association of China Law Society, and organized by Yang & Lin Co Law Firm. Present at the seminar were about 75representatives from the Guangdong Higher People's Court, Wuhan Maritime Court, Guangzhou Maritime Court, Beihai Maritime Court, Guangdong Maritime Safety Administration, Guangzhou MSA, universities, arbitration committees, insurance companies, P&I clubs, shipowners associations, shipping companies, forwarding associations, cargo owners, brokerage Agencies, law firms and other institutions.

Mr. Yang Yunfu from Yang & Lin was the first speaker as the vice director of the

Maritime Committee of All China Lawyers Association and the director of the Maritime Law Committee of Guangdong Lawyers Association. He pointed out that China, though a large country prosperous in sea and river transportation, was weak in sufficient utilization of inland water resources, the inland waterway transportation service and the regularity of market. After the Domestic Waterway Transportation Rules was repealed on 30 May, 2016, China merely adjusted the basic law Contract Law without any amendment to more specific laws, regulations and rules. As inland water vessel was not entitled to liability limitation and maritime lien, there are massive difficulties in handling the case after the accident. Considering the legislative resources and other issues, it is very unlikely that special legislation will be made on inland water transport in recent years. Therefore, it’s a great opportunity to include the inland water transport and inland vessels in the amendment to Maritime Code at this time, and it is very necessary.

Mr. Yang Yunfu delivers a speech as the vice director of the Maritime Committee of All China Lawyers Association and the director of the Maritime Law Committee of Guangdong Lawyers Association

Mr. Du Yixing president of the Fourth Civil Court of the Guangdong Higher People’s Court, Wang Yufei, vice president of the Guangzhou Maritime Court, and Hou Zhenkun, a full-time member of the Judging Committee of Wuhan Maritime Court dilivered speeches respectively. Mr. Du Yixing proposed that it was legislatively and judicially practical, fair, justice to include the inland water transport and vessels in the amendment of the Maritime Code. Mr. Wang Yufei demonstrated the neccessity and feasibility of including inland water transport and vessel in the amendment. Mr. Hou Zhenkun introduced the relevant situation of the inclusion, and gave a detailed analysis on the necessity and feasibility of expanding the application of the Maritime Code to inland water transport and vessel.

Hou Wei director of the Research Office of Wuhan Maritime Court made a keynote speech. He elaborated on the necessity and feasibility of including inland river transport and vessel into the amendment from seven aspects. He systematically introduced and analyzed the current situation, existing problems, adjustment scope, main body setting, legislative principles, actual carrier, limitation of liability, maritime liens, port operators, restrictions on freedom of contract, etc in China.

Mr. Du Yixing delivers a speech as the president of the Fourth Civil Court of the Guangdong Higher People’s Court

Wang Yufei delivers a speech as the vice president of the Guangzhou Maritime Court

Hou Zhenkun delivers a speech as a full-time member of the Judging Committee of Wuhan Maritime Court

Hou Wei delivers a keynote speech as the director of the Research Office of Wuhan Maritime Court

Ni Xuewei presides over the seminar as the president of Guangzhou Maritime Court

Representatives from the courts, maritime affairs bureaus, universities, shipowners, insurance companies, agencies, and law firms offered advice and suggestions at the seminar on the necessity, feasibility and adjustment scope of expanding the application of the Maritime Code to inland water transport and vessel.

Mr. Hou Zhenkun made a concluding speech of the seminar. He believed that: 1. the attendees were in favor of the inclusion of inland water transport and vessel to the amendment; 2. the liability limitation and maritime liens should be applied to inland water vessels. 3. general average should not be applied to inland water vessels; 4. The limitation of liability for carriage of passenger by inland water is a new issue, and whether to include cruise ship or not is also a new problem.

This seminar has reached a great consensus on the application of the Maritime Code (revised draft) to inland water transport and vessel. The seminar was a great success and achieved fruitful results.