By Sharon Li, Colin Ingram
On St Martin's Day 2001,the People’s Republic of China formally turned a member of the area exchange corporation. through the previous twenty years China emerged as an incredible buying and selling and maritime country, has followed greater than twenty maritime comparable legislation and has ratified lots of the very important overseas maritime conventions. Maritime legislation and coverage in China includes new translations of the entire significant maritime legislation of the People’s Republic of China including exact causes of the explanation at the back of the laws. A entire exam of the Maritime Code 1992 is integrated as is a brand new translation of the Maritime strategy legislations of the People’s Republic of China 1999, which lays down the jurisdiction of the maritime courts in China and offers for concerns equivalent to arrest of ships, orders for defense and maritime injunctions. China’s ratification of the overseas maritime conventions is additionally tested intimately. This name might be an necessary reference paintings for maritime attorneys, marine insurers, P I golf equipment, transport businesses and all buying and selling businesses engaging in enterprise with China.
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With the economy developing and reforming, administrative measures have been largely scaled down in many industries, including the maritime transport sector. The MOC plays a vital role in Chinese shipping administration. It lost its function as a ‘Ministry of Transportation’ in 1975 when it became no longer responsible for railways and civil aviation transport. It covers only sea, waterway and highway transportation. Key features in achieving this include maritime strategy-making and maritime policy-making.
These include the Ship Registration Regulations which were promulgated on 2 June 1994 and came into force on 1 January 1995. The MOC, in pursuance of Articles 210(2) and 211(2) of the Maritime Code, approved by the State Council of the PRC, promulgated two special Regulations on 15 November 1993, the Provisions Concerning Limitation of Liability for Small and Coastal Ships (the Coastal Provisions) and the Provisions Concerning Limitation of Liability for Passenger Ships Sailing between Chinese Ports (the Passenger Provisions).
The application for an arrest should be made in writing and in Chinese, specifying the objective and purpose of the application, the name of the ship and quantum of security required with supporting evidence (Article 15 of the MPL). The purpose of the arrest of ships under the MPL is mainly to obtain security before trial (Article 18), and is a preservative measure in nature. The concept of ‘arrest’ in the MPL (Articles 12 and 22) means any detention or restriction on removal of a ship by order of the court to secure maritime claims.