Recently, when Guangzhou Maritime Court (GZMC) was delivering the notification of case conclusion and enforcement to the judgement debtor—a ship manufacturing company in Zhuhai, the “certification of fulfilling obligation with initiative” was also delivered. This is the first case that was eligible for the validation of obligation fulfilling with initiative based on effective judgements. The contract dispute was between the plaintiff Mr. Cai and the defendant—a ship manufacturing company in Zhuhai. Handled by judge Le Zhang of Zhuhai Tribunal, both sides reached settlement agreement, according to which the defendant should pay the plaintiff 325，000 CNY as settlement payment. However, when the settlement had been reached, the defendant indicated that due to the pandemic, the company was going through financial difficulties. Besides the balance in the account frozen by GZMC for property preservation, the company didn’t have extra money to pay the plaintiff. In order to help the plaintiff get the settlement amount as soon as possible, both parties agreed to transfer the case for enforcement. The Collegial Panel of the Bureau of Enforcement considered this case being different from the other cases where the judgement debtor avoid the debts. In this case, the debtor took the initiative to pay the settlement, but failed to complete the payment due to the reason of judicial freezing of the company account, which caused the inability to independently perform the agreement. Besides, because of the pandemic, the company didn’t have extra money to pay for the settlement. The defendant took the initiative to request payment to the plaintiff through enforcement procedure, which made the defendant eligible for waiving the enforcement fee. According to “Opinions of the Supreme People's Court on Further Intensifying the Ideal of Enforcement with Goodwill and Politeness in the Enforcement Work” and “Notice by the Supreme People's Court of Issuing the Guiding Opinions for Fully Maximizing the Role of Judicial Functions to Boost the Development of Micro, Small and Medium-Sized Enterprises” published by the Supreme People’s Court, while ensuring the legal benefits of the party winning the suit, courts have the right to help the debtor to fix credits by delivering required files of certification and proof. In this way, the negative effect can be eliminated for the debtor who took proactive steps to fulfill the obligations. In this case, the defendant carried out the settlement agreement actively, so the Collegial Panel decided to issue the judgement debtor “certification of fulfilling obligation with initiative”. The way this case was handled showed the execution of the judicial philosophy of working proactively for the people by the officers of GZMC Zhuhai Tribunal and the Bureau of Enforcement. The court responded people’s legal requests and solved the problems actively, using creative methods when it’s necessary. The court has implemented the “We Make Practical Efforts for the People” slogan by carrying out enforcement with goodwill and politeness, facilitating the development of micro, small and medium-sized enterprises.

  For the purpose of improving the officers’ knowledge of ship, on June 22nd, 2022, more than 50 officers of GZMC headed to CSSC HUANGPU WENCHONG SHIPBUILDING COMPANY LIMITED, Longxuechang Branch (located in Nansha District), and attended an on-site teaching and learning session. Officers had visited the ship “Yu Lin Hai”, which was built in March, 2012, by CSSC HUANGPU WENCHONG SHIPBUILDING COMPANY LIMITED. The ship was all steel welded, stern-engined and power-driven, and longitudinally framed. The ship was a bulk carrier which featured single engine, single screw, single rudder and single deck. The length of the ship was 217 meters, and the width was 32 meters. With a full displacement of 88000 tons, the ship had a full complement of 27 persons. At the dock, before guiding participants to visit the ship, the captain announced the attention points about getting on board and introduced the ship’s structure and water gauge in detail. Inside the wheel house, the captain focused on introducing how ship berthed and unberthed, navigation operation, and anchoring jobs. In the control room and engine room, the captain introduced the structure of cargo hold and operation in engine room. Participants had active discussions with the captain and chief engineer. According to the feedback from the participants, the on-site teaching and learning session was impressive and helpful since it provided access to the actual object and gave chance to have discussion with experienced personnels along with theoretical lectures. Comparing to the lecture-only teaching method, participants could better understand the contents and it felt more practical. As a result, the feedback showed that those who participated would like to have more on-site teaching and learning sessions in the future.

  On June 17th, 2022, The news conference “Maritime Trials of 2022 · Serving and Assuring the Construction of the Greater Bay area” was held in GZMC. The court published the white paper of maritime trials in 2021, typical cases of serving and assuring the building of the Greater Bay Area, ten enforcement cases in 2021 in Chinese, English and Portuguese. The goal of publishing white paper and introducing past cases in three language was to analyze the features of maritime and admiralty disputes, so that in the Greater Bay Area, the existing or potential problems of the shipping economy can be diagnosed and solved, while the ocean economy can develop in a sustainable way. This is the sixth time that GZMC published trilingual white paper in Chinese, English and Portuguese, while it’s the twelfth time that the court publish bilingual white paper in Chinese and English. According to the vice president of GZMC, Sibin Liu, in 2021, GZMC accepted 4092 cases of various types (43.08% increase year-on-year), subject matter of action at a value of more than 8 billion CNY, and the amount of accepted cases was only slightly below the year 2019, which  was 4795. The amount of cases has almost recovered to the level before the pandemic. In recent years, due to the impact of environmental remediation for marine ecology, the amount of accepted administrative lawsuits had reached record high in 2021, and the cases had apparent characteristics of collectivity. In 2021, the amount of accepted administrative lawsuits of first instance was 271, and concluded case amount was 336. Both the accepted and concluded administrative cases had outnumbered past years. The proportion of foreign-related cases increased. The amount of accepted civil cases of first instance that related to foreign parties, or related to Hongkong, Macau or Taiwan was 747, which was 38.56% among all accepted civil cases of first instance. The foreign-related civil cases of first instance and concluded cases exceeded the total amount of accepted cases and concluded civil cases of first instance by one-third in quantity. In terms of enforcement, the conclusion and enforcement rate of property cases in statutory period was 98.18%, and the conformity rate was 100%; online judicial auction coverage rate reached 100%, and a total amount of 480 million of CNY had been fully paid in enforcement cases.

On the occasion the 12th "Day of the Seafarer" (June 25), Guangzhou Maritime Court (GZMC) distributed over 3 million RMB of unpaid wages for the attorney of 15 foreign crews from Greece and Philippines of the Vessel of Angelic Power on June 23. It is to salute seafarers through the implementation of judgment. A Greek ship Angelic Power was detained by GZMC due to debt disputes on April 16, 2021. The shipowner was required to provide guarantees before the ship left Guangzhou Port. However, the shipowner abandoned the ship with exhausted materials, food and fresh water, that undermined the health of 15 crew members on that ship. According to the Court, it has consulted all creditors involved in this case by law to distribute the salaries from the auction of the vessel. That is to protect their interests as much as possible in terms of difficulties brought by the pandemic and the fluctuation of shipping market. The on-site implementation of maritime judgment indicates that China's maritime courts is making efforts to create a preferred choice for maritime dispute resolution, and shows the ability and determination to maintain an orderly shipping market, to equally protect the legitimate rights of foreign seafarers and the underprivileged, said Wang Yufei, Vice President of GZMC. After being asked for help from the crews, GZMC had worked with relevant departments and adopted a series of measures to resolve their survival dilemma. GZMC provided help for those crews including sending professional repairers for the ship's maintenance, to offer oil, daily supplies and common medicines for their living, and offer litigation guidance for foreign crews, said Deng Jinbiao, Deputy Chief Judge of the Maritime Administrative Division of GZMC. "From February 2021, the vessel was abandoned by the shipowner while leaving crews unpaid, we stayed there without food, without support, without supplies. But thanks to the efforts of GZMC, they gave us the opportunity to survive, to be saved," said Syrianos via a video link, who is former captain of Angelic Power. In July 2021, the crews finally left the ship and boarded plane to return home. Later in October 2021, the ship was auctioned off 64 million RMB, with priority is given to pay the crews' salaries. In GZMC's concluded cases involving disputes over foreign seafarers' labor contracts since 2020, they all received compensation for their wage claims.   Author: Will  Video: Qin Shaolong Editor: Wing, Nan, Jerry  Editor: Will  Source: newsgd.com

In the afternoon of June 6th, 2022, a special handover of bill of lading(hereinafter referred to simply as B/L) took place in the second court of Shenzhen Maritime Tribunal. The respondent of a maritime injunction application returned the B/L to the claimant. The maritime injunction case caused by freight forwarder exerting pressure on the consignee overseas by detaining the B/L was settled by pre-litigation mediation. Three days ago, when the two parties first attended the court hearing,  the contradiction between the two parties were sharp and both sides were engaged in heated argument. The respondent insisted that this case should be handled along with all other cargo transportation disputes of the consignee and rejected mediation on the grounds of trade practice. When the judge assistant Zhang Weiquan asked the respondent to show the B/L involved to the court to prove that the respondent was in possession, the respondent denied the request and persisted that the consignee should pay before viewing the B/L. The case thus reached a deadlock. Considering the cargo ship would soon arrive at the port in Bangladesh, which would incur large amount of demurrage and storage charge and potentially intensify the conflict if the respondent kept on detaining the B/L, Judge Luo Chun made a great effort to negotiate with the claimant and the respondent back and forth. After analyzing the facts and potential outcomes, the judge gave the respondent instructions to protect his legitimate rights and interests with legal methods, and helped the claimant to contact the consignee to pay for part of the fees. In the end, Both sides met in the middle. The respondent submitted a commitment letter and agreed to release the B/L, and completed the handover under the witness of judges and other attendants in the trial.

In the afternoon of June 6th, 2022, a special handover of bill of lading(hereinafter referred to simply as B/L) took place in the second court of Shenzhen Maritime Tribunal. The respondent of a maritime injunction application returned the B/L to the claimant. The maritime injunction case caused by freight forwarder exerting pressure on the consignee overseas by detaining the B/L was settled by pre-litigation mediation. Three days ago, when the two parties first attended the court hearing,  the contradiction between the two parties were sharp and both sides were engaged in heated argument. The respondent insisted that this case should be handled along with all other cargo transportation disputes of the consignee and rejected mediation on the grounds of trade practice. When the judge assistant Zhang Weiquan asked the respondent to show the B/L involved to the court to prove that the respondent was in possession, the respondent denied the request and persisted that the consignee should pay before viewing the B/L. The case thus reached a deadlock. Considering the cargo ship would soon arrive at the port in Bangladesh, which would incur large amount of demurrage and storage charge and potentially intensify the conflict if the respondent kept on detaining the B/L, Judge Luo Chun made a great effort to negotiate with the claimant and the respondent back and forth. After analyzing the facts and potential outcomes, the judge gave the respondent instructions to protect his legitimate rights and interests with legal methods, and helped the claimant to contact the consignee to pay for part of the fees. In the end, Both sides met in the middle. The respondent submitted a commitment letter and agreed to release the B/L, and completed the handover under the witness of judges and other attendants in the trial.

  “Hello Mr. Chen, this is Jiangmen Aquatic Traffic Safety Legal Service Center. Your scheduled inquiries will now be answered and handled by Judge Zhang Le from Zhuhai Tribunal of Guangzhou Maritime Court…” In the afternoon of March 29, 2022, the legal service team built by Guangzhou Maritime Court and Jiangmen Maritime Safety Administration had provided legal advisory and answered questions through hotline for water transport practitioners such as crew members and directors of shipping agencies. Due to the impact of the COVID-19 pandemic, the legal service took place through online platform this time. The contents covered in the advisory included salary of crew members, maritime accident investigation, litigation and conviction criteria. In the online advisory session, the legal service team had introduced knowledge about maritime profession and law in detail, facilitated problem solving for the public and answered FAQs. Providing reliable and direct service for the public had been made possible by the online service provided by the legal service team, and the team had also delivered a message that nomocracy could be warm. The next step for Jiangmen Aquatic Traffic Safety Legal Service Center is to explore and build new working modes. The new sessions include “door-to-door service” and “customized service”. We are aiming to fulfill the coming demands more precisely and efficiently, resolve maritime disputes from the origin, and provide more efficient, high-quality and convenient legal service for the wide majority of water transport practitioners .

  On the afternoon of May 23rd, 2022, Deputy Director of MSA of the Bridge, Sanlan He, with his head and vice-head of General Service, Yulong Huang and Shan Jiang, as well as Zhouling Xu and Kaizhong Huang, visited Zhuhai Maritime Tribunal. Chunlong Xu, Le Zhang, and Zihao Zhang, judges of Zhuhai Maritime Tribunal, had an exchange with them. In the exchange, Sanlan He introduced the foundation of MAS of the Bridge, how it developed, its staff composition, and their exercise of maritime administrative power in accordance with the law. Judge Chunlong Xu introduced Zhuhai Maritime Tribunal’s development, jurisdiction, number and types of maritime cases handled in recent years. They had in-depth discussions of issues of their common concern. Topics included building of the Party, team building, maritime accident investigation, protection of crew members’ legal rights, applying for the Youth Model Unit Award, and trial attending of the MSA staff. They further discussed their future in-depth interaction and cooperation.

  During the process of handling a case related to marine exploitation, Guangzhou Maritime Court (GZMC) checked and verified that the administration bureau of National Huidong Nature Sea Turtle Reserve had built marine engineering constructions in its sea turtle conservation area without completing Environmental Impact Assessment or acquiring the right of using sea areas, which had crossed the ecological conservation redline. The sea turtle species affected in this case have been listed as endangered animal. Their habitats and spawning areas are under  threat of being disturbed, damaged, even lost due to human activities. Including National Huidong Nature Sea Turtle Reserve, most sea turtle spawning areas have been having no spawning for years. Being the administration bureau of a state-level sea turtle conservation area, the bureau built marine engineering construction in ecologically sensitive areas with neither proper protection nor evaluation about potential effect on marine resources or ecosystem, such as influence on sea turtle migration, is undoubtedly a shocking news. GZMC entered judgement that denied the validity of the investment and building agreement signed by related parties. By proactively examination, the court concluded that the agreement which sabotaged the public interest and the society was invalid, and dismissed the claims made by the administration bureau of National Huidong Nature Sea Turtle Reserve according to law. After the second instance trial, the judgement made by GZMC has been supported by the High People’s Court of Guangdong Province and taken legal effects. In order to ensure ecologically sensitive areas such as Sea Turtle Bay under proper protection, GZMC submitted judicial opinions to Guangdong Provincial Department of Natural Resources. We suggested to strengthen law-enforcing supervision to ensure ecological conservation redline not be crossed firstly; secondly, to give warning or punishment to related parties in accordance with law in time. Guangdong Provincial Department of Natural Resources informed GZMC that their related department leader had read our submission and took it very seriously. The related department of Guangdong Provincial Department of Natural Resources immediately cooperated with Forestry Administration of Guangdong Province, and executed what we mentioned in the judicial opinions by comparing how things stand at present with how things should be according to the law. All related departments expressed their appreciation of GZMC’s suggestions, and they are going to use this case as an opportunity, to further enhance regulation and management for marine-related nature reserve. By improving the quality of case-handling, strengthening the administration of trials, introducing legal policies to the public using real cases, GZMC has effectively sustained the order in terms of natural resource exploitation and protected marine ecological system. What GZMC has accomplished will have significant and positive impact on implementing protection of natural resources from the headstream and the accountability system, which guarantees reliable judicial services and safeguard for enhancing protection of marine ecological system and sustainability.  

  When the eighth national Constitution Day comes, on December 3rd, 2021, GZMC inaugurated the ceremony of Pledging Allegiance to the Constitution of the PRC, and Oath of Office for newly-appointed judges. The theme of the ceremony was “Elevate Nomocracy Spirit, and Strengthen Political Faith”.   The ceremony started with bailiffs carrying the Five-starred Red Flag into the venue, and all attendants stood up and sang the National Anthem of the PRC. During the ceremony, the newly-appointed judge Liming Zhao swore an Oath of Office with his hands touching the constitution. After that, guided by Chao Chen, Secretary of the Leading Party Group and the president of GZMC, all political-legal workers of GZMC pledged allegiance to the constitution of the PRC.   When the pledging was completed, the song “Asking Your Raised Hands” composed by Hong’an Wu, was performed by the composer. The impassioned singing had delivered the political-legal workers’ loyalty and faith to the constitution of the PRC, the country, and the people.  The oath ceremony inaugurated this time was an important action to thoroughly study and implement Xi Jinping Thought on the Rule of Law, move forward on the study and education of the Party’s history, and execute the advanced education and rectification for the political-legal team. It encouraged all political-legal workers to perform duties in accordance with the law, be faithful to the constitution, strengthen their faith and move forward. The ceremony was also meant to promote the spirit of nomocracy, strengthen political faith, improve the capability of performing political duties, and promote incorruptibility, so that the political-legal team can be built into a loyal, clean, and invincible team.