Macao International Conference on Marine Administration, Utilization and Development was held at Macau Tower between August 3 and 4.  Officials attended and addressed the opening ceremony, and they were Chief Executive Chui Sai On of the Macau Special Administrative Region, Director Zheng Xiaosong of Liaison Office of the Central People’s Government in the Macao S.A.R, Vice Director Huang Liuquan of Hong Kong and Macao Affairs Office of the State Council, Director Zhang Zhanhai of Ministry of Natural Resource Marine Strategy Planning and Economic Working Group. Nearly 200 participants from Germany, the UK and Portugal, and inland China, Hong Kong and Macau attended the conference, including representatives, experts and scholars from government authorities, research institutes and enterprises. Forty-seven experts and scholars gave papers and delivered speeches, including Jin xianglong and Dai Minghan, the academicians of Chinese Academy of Sciences, Wu Yousheng, the academician of the Chinese Academy of Engineering, Yang Luwan, the emeritus chair professor of geography at the Chinese University of Hong Kong and Jürgen Basedow from Max Planck Institute for Comparative and International Law. President Ye Liudong of Guangzhou Maritime Court contributed Legal Research on Marine Environment Protection of Guangdong-Hong Kong-Macao Greater Bay Area to the conference. The purpose of the conference is to improve scientificity and perceptiveness of Macao marine planning by learning advanced experiences and methods from other countries and regions in marine administration, utilization and development, and listening to beneficial opinions and advices. Basing on the marine environmental pollution cases before Guangzhou Maritime Court in recent five years, President Ye pointed out the urgency of legislative protection for marine environment in the Bay Area, and analyze the status pro quo of the legal protection of the Bay Area and came up with protection some measures which has provided valuable experiences and practical proposals for Macao Special Administrative Region Government on medium and long term plan for utilization and development of sea area, which have caused huge response and received high evaluation by appraisal guests and organizer. President Sam Hou Fai of the Court of Final Appeal of the Macao Special Administrative Region gave a warm reception to President Ye during the conference. He spoke highly of the work of Guangzhou Maritime Court in recent years and hopes that we can provide experiences and suggestions on the increasing trial of maritime cases for Macao court system and sincerely invite our judges to Macao for exchange and discussion.

The Supreme People’s Court published ten representative maritime trial cases in 2017 last week. Dispute over a Contract for Carriage of Goods by Sea in the Case of Fujian Itawa Industry Co., Ltd v. Guangzhou Haide Cargotrans Co., Ltd [( 2015) GHFCZ No.363] tried by Guangzhou Maritime Court has been selected in it, the case was undertaken by former judge Yang Yaxiao of Maritime Administrative Division, Director Xiong Shaohui was the Presiding Judge and Vice Director Zhang Kexiong was the member of the Collegiate Panel. The selected case involved the identification of the fact that releasing goods without bill of lading in South American countries, where it is difficult to obtain evidences and take a long time for trial. During the first instance, the Collegiate Panel allowed the plaintiff to delay the presentation of evidences for several times. But by the day of judgment, the case was already 18months behind the time limit for trial. The plaintiff cannot obtain the original of the main evidence because he did not complete the authorization procedure for the investigator he entrusted, as a result the ongoing authentification procedure need to be gone through from where it started. So the Panel decided to give judgment on the basis of available evidences. During the second-instance, the plaintiff completed the evidence-taking, and the Higher People’s Court of Guangdong Province amended the judgment after accepting the new evidences.  

Guangzhou Maritime Court (GZMC) made public its White Paper on Maritime Trial in an afternoon press conference on 24 Aug 2018, the second of such in Chinese, English and Portuguese, making it the eighth consecutive time for GZMC to release it in Chinese and English since 2010. This White Paper on Maritime Trial of more than 20,000 words is divided into eight parts, covering right of action by parties concerned, cargo transportation, sale of ships, seafarers’ rights and interests, objection to execution, civil litigations of public interests on marine environment, maritime administrative litigations and non-litigations disputes. In White Paper, relevant legislation in these fields is interpreted and illustrated with cases, risks are disclosed, and suggestions on these issues are made. It is hoped this White Paper can help government departments in decision making and enterprises in operation and management, and better serve the healthy development of marine economy. The press conference was attended by more than 60 people, including judges of GZMC, experts and scholars in the field of maritime law, representatives of shipping enterprises and lawyers and was covered by Nanfang Daily, GMW, News Guangdong, YCWB, Souhu China and Net Ease and other medias.

 

Guangzhou Maritime Court and Guangdong Provincial Ocean and Fishery Bureau officially signed the Cooperation Framework Agreement on Serving the Construction of Building Guangdong into a Strong Marine Economic Province on June 9, 2018 which marks further and deepened cooperation between the two sides in promoting judicial justice, law-based administration and serving the construction of building Guangdong into a strong marine economic province.

Secretary of Party Leadership Group and President of Guangzhou Maritime Court Ye Liudong led another six of the court visit Guangdong Provincial Ocean and Fishery Bureau for research on Nov. 30, 2017. Maritime Administrative Division of the Court and Policy and Regulations Division of the Bureau actively exchanged views and jointly finished the drafting, consultation and modification of the agreement afterwards.

The agreement is mainly to promote the construction of building Guangdong into a strong marine economic province, and both sides make full use of their respective advantages to strengthen communication and cooperation in ocean and fishery administrative law enforcement and maritime judiciary. The content of the agreement includes building a mechanism to connect the administrative law enforcement and judicial practice, strengthening bilateral cooperation and communication, refining operational process of poverty preservation, investigation and evidence-taking and execution in cases involving marine fishery administrative departments. The both sides henceforth will implement the framework agreement to contribute to the development marine economy and legal construction of Guangdong Province.

  Guangzhou Maritime Court successfully held Seventy-one Party Festival Poetry Recitation Contest Themed“Eulogizing the New Era, Expressing the Emotions of Safeguarding the Sea”on the afternoon of June 29 in order to celebrate the 97th anniversary of the founding of the Communist Party of China and the 40th anniversary of the reform and opening up, thoroughly study and implement the spirit of the 19th CPC National Congress, strengthen the cultural construction of it. After more than one month’s elaborate preparation, the contestants attended the contest base on their own characteristics. With warm atmosphere on site, contestants were animated. Zhou Tiantian of the Commercial Division wrote the poem “the Belief of the people of Guangzhou Maritime Court”, which expressed the original aspiration of Communist is the belief of the people of Guangzhou Maritime Court. Bai Shaguang of the Office recited the poem “keep our mission firmly in mind and courageously first” under the beautiful melody to express the faith and the mission of serving the people, safeguarding fairness and justice as well as protecting the South China Sea. “Please Try to Understand Me” written by Cheng liang of Zhanjiang Tribunal even drove all people to tears and pushed the contest to climax. The splendid performance of contestants won applause by all. At the end of the contest, Vice Director Chen Honghao of Guangdong Province High People’s Court made comments on it, he said, it’s very meaningful that Guangzhou Maritime Court held the contest on the occasion of Seventy-one Party Festival, the whole contest took poems as carrier which the contents of ideological and political work and the Party building embedded in it. That shows the innovation of the work of Party building and the achievements of Guangzhou Maritime Court studied the spirit of the 19th CPC National Congress. It’s also the first large-scale party building cultural activity since we moved into the new trial building. President Ye Liudong and Vice President Wang Yufei played a leading role in the contest because they not only took the lead in performing but also attended rehearsals and gave guidance personally. Comrades of dispatched tribunals overcame the long journey to attended the rehearsal on time and all participators were in meticulously preparation. It has made the party building cultural works of Guangzhou Maritime Court usher in a new high through this contest, and aroused all comrades’ fervor to love the Party and the country and cultivating career, also, it has improved its team cohesion, centripetal force and fighting capacity.    

 

On June 26, 2018, in the first tribunal of Zhongshan Intermediate People’s Court of Guangdong Province, Guangzhou Maritime Court pronounced its first-instance judgment on a civil public interest litigation of liabilities for marine environmental pollution. The first of such filed by a Procuratorate after the revision of the Civil Procedure Law of the People’s Republic of China.

On August 30, 2016, as staffs of Zhongshan Ocean and Fishery Bureau of Guangdong Province conducted an inspection alongside the waters under the jurisdiction, they discovered the vessel was dumping rubbish into the sea at beacon 12 light of Hengmen east-toward seaward channel in Minzhong Town of Zhongshan City. Upon the investigation public security organs of Zhongshan City found that between July and August of 2016, on the excuse of reinforcing the bound, Peng, among four other Foshan citizens were transported waste from a paper mill in Sanchong Dock of Zhongtang Town of Dongguan City and dumped it near the said beacon, which caused great pollution to the surrounding marine environment.

On April 16, 2016, Zhongshan Ocean and Fishery Bureau filed a civil lawsuit against Peng and another three to Guangzhou Maritime Court, claiming damages over 3,000,000RMB for ecological restoration and another 3,000,000RMB more caused by pollution and assessment, and that  Yuan, the last of the five, shall be liable to 24.29% of the total compensation jointly. The case is heard publicly on April 18.

On June 26, Guangzhou Maritime Court pronounced its first-instance judgment on the case, ordered Peng and other four defendants are liable to a total of more than RMB7,820,000 for ecological restoration, pollution and assessment. Yuan shall bear liability within a certain range. The compensation will be turned over to the state treasury for the restoration of the local ecology.

From 11^th to 15^th of June, 2018, Ni Xuewei, Judge of Guangzhou Maritime Court and Secretary General of Guangzhou Maritime Judges Association led an eight-people research group of “Feasibility Research on the construction of Guangzhou Free Trade Port” for special research at Shanghai Maritime Court, Shanghai Maritime University, East China University of Political Science and Law, Qingdao Maritime Court and Ocean University of China. The research topic is one of the two key subjects of Guangzhou International Shipping Judicial Research Society(in preparation) this year. Combined with judicial practice from various scopes, it provides reference for the construction of Guangzhou Free Trade Port according to the basic situation and existing legal issues of the Pilot Free Trade Zone and Free Trade Port’s construction.

On the morning of June 12^th, 2018, the research group first arrived at Shanghai Maritime University. Secretary of the Party Committee Li Xiping and Dean Wang Guohua of Law School of Shanghai Maritime University conducted an in-depth discussion with the research group in the aspects of legal factors hindering the institution innovation of Shanghai Pilot Free Trade Zone and giving full play to maritime judicial to ensuring the construction of Free Trade Port.

On the afternoon of June 12^th, 2018, the research group arrived at Shanghai Maritime Court. Director Jin Xiaofeng of Free Trade Zone Division of Shanghai Maritime Court and the research group had an in-depth exchange of views. Issues such as institutionalized bonded vessel registration to attract the Chinese-funded ships to return , perfecting the integrated endorsement measure on ship entering or exiting ports, improving the judicial measures of maritime courts to safeguarding the construction of Free Trade Zone and Free Trade Port were carried on the through discussion.

On the morning of June 13^th, 2018, the research group arrived at East China University of Political Science and Law. Vice Dean Du Tao of International Law School of East China University of Political Science and Law and Executive Vice-President He Xiaoyong of Free Trade Zone Law Institute hold an in-depth discussion with the research group on the issues of the reform of the administrative approval system in the fields of foreign investment management and expanding trade facilitation.

On the morning of June 14^th, 2018, the research group arrived at Qingdao Maritime Court. Vice President Li Shouqin of Qingdao Maritime court held talks with the research group focusing on the problems existing in the construction of Weihai China-Korea Free Trade Area, and exchanged views on deepening judicial system reform, strengthening the construction of trial team and the dispatched tribunals.

On the afternoon of June 14^th, 2018, the research group arrived at Ocean University of China. Dean of School of Law and Political Science Liu Huirong made in-depth exchanges with the research group on the issues concerning the application of law in the context of Chinese-funded ship companies conducting piggybacking business on cargo imports and exports, the foundation of diversified dispute settlement mechanism of Free Trade Zone and Free Trade Port, the improvement of ship management and the informatization of logistic disposal in Free Trade Port, and disputes over the Maritime Silk Road.

 

On the afternoon of June 8^th, 2018, Vice President Wang Yufei of Guangzhou Maritime Court was invited to attend the forum themed “Focusing on Guangdong-Hong Kong-Macao Greater Bay Area and Promoting the Innovative Development of Supply Chain” which was held in Nansha District of Guangzhou. Director Deng Yufeng and Vice Director Xu Chunlong of Case-filling Division also attended the forum.

The forum was mainly held by Guangdong-Hong Kong-Macao Greater Bay Area Supply Chain Research Institute, supported by the Administrative Committee of Nansha Development Zone and Shanghai Maritime University. More than 300 guests attended the forum including Director Cai Chaolin of Administrative Committee of Nansha Development Zone and President Huang Youfang of Shanghai Maritime University.

The discussion and communicaiton among guests during the forum were focused on the construction and innovation of Nansha Development Zone, the development of blockchain technology and supply chain, opportunities and challenges in Guangdong-Hong Kong-Macao Greater Bay Area’s future construction and the analysis of current global economic situation.

During the forum, Vice President Wang Yufei had a full exchange of views with some guests on the promotion of maritime judicial service and the facilitation of the developing Guangdong-Hong Kong-Macao Greater Bay Area and Free Trade Zone.

 

On the morning of May 31^th , 2018, Director Chen Jianhua of the Standing Committee of Guangzhou People’s Congress visited Guangzhou Maritime Court, accompanied by Vice Director Yu Mingyong and Secretary General Chen Xiaoqing of the Standing Committee of Guangzhou People’s Congress, Zheng Liecheng of the Working Committee for Internal and Judicial Affairs and Director Hu Aibin of Research Office of the Committee. President and Secretary of Party Leadership Group Ye Liudong and Vice President and Member of the Party Leadership Group Wang Yufei, Members of the Party Leadership Group Dong Qing and Li Weipeng and office ditector Ye Zuxi of Guangzhou Maritime Court attended the research activity.

Director Chen Jianhua and his team visited the litigation service center, the case filing hall, the digital courtroom and Guangzhou International Shipping Justice Research Society of Guangzhou Maritime Court, and watched the display film of Guangzhou Maritime Court.

President Ye Liudong reported to Director Chen Jianhua on the work of Guangzhou Maritime Court in the first half of this year and arrangements in the next half year. President Ye said that Guangzhou Maritime Court had accepted 1034 new cases and closed 648 cases. In the next half year, it will innovate case trial mode and promote the construction of smart court. After listening to the debrief, director Chen highly appreciated the work of Guangzhou Maritime Court, saying that it’s trial work has always been in the forefront of ten maritime courts in China, and it has attained an international reputation with its effectiveness enforcement and strong trial teams. 

Director Chen also requested that Guangzhou Maritime Court should solve practical problems to promote the overall construction of itself. Firstly, site selection and reconstruction of Shenzhen and Zhuhai dispatched courts. Secondly, strengthen its self-construction and attach importance to the training of talents to build an international maritime trial team. Thirdly, strengthen the construction of smart court and boost equal justice through judicial openness. Finally, enhance cases mediation through the cooperation with Arbitration Committee. Meanwhile, it should base on Guangzhou Maritime Judicial Research Society to convene academic conferences and collect conference papers into electronic journal.

Director Chen also said that this year “Nansha Action” will be carried out in Guangzhou to utterly regulate the behavior of dumping rubbish at Pearl River Estuary, Guangzhou Maritime Court should enhance the publicity of environmental civil public interest litigation with the Committee jointly so as to set up good examples in the field of environmental public interest litigation.

 

President and Secretary of Party Leadership Group of Guangzhou Maritime Court Ye Liudong held talks with the visiting Vice President and Member of the Party Leadership Group of Xiamen Maritime Court Zhou Hongyan on the morning of June 1^st, 2018. They exchanged views in the fields of impartial trial, judicial reform, team construction and informatization. Director Tian Xingyu of Fuzhou Court of Xiamen Maritime Court, Office Director Guo Wuhuan, Director Chen Pingping of Admiralty Division and Judge Assistant You Caimo of Case-filing Division also participated in it.

President Ye stressed that on the occasion of the establishment of 34^th anniversary of Guangzhou Maritime Court, it’s a great pleasure to welcome Vice President Zhou. In March 23th, our trial operational departments moved into the new trial building as well as the opening ceremony of  “Guangzhou Maritime Judical Base of the Supreme Court” and Portuguese nations judicial culture exhibition were held in March 27^th. Also, we have advanced facilities and complete function in technology courtroom, litigation service center and executive command center, all  judges work with their full enthusiasm.With the deepening of the judicial reform of our court, the maritime trial center has been established and operated well, the work of dispatched court has been advancing in an orderly way, those makes this year’s key tasks a sooth start.

Vice President Zhou thanked President Ye for taking time out of his busy schedule for her to visit the new trial building and introduce the advanced experiences of Guangzhou Maritime Court. As two adjacent special courts, Xiamen and Guangzhou Maritime Courts assist and cooperate with each other in trial enforcement work and jointly provide high-quality judicial services for national maritime power strategy. Guangzhou Maritime Court is located at the frontier city of reform and opening up, with varieties of cases, stable judge teams, fruitful trial experiences and accumulated many typical cases which can be written into Chinese maritime trial history, and rich experiences in team management, information construction, these are well worth learning for Xiamen Maritime Courts.

Director Deng Yufeng introduced some measures taken in case-filing to promote the split-flow of complicated and easy cases to Vice President Zhou. Director Ni Xuewei introduced the specific practice in personnel management and case trial of dispatched tribunals. Director Song Weili introduced appraisal and evidence preservation of ship collision, marine pollution and mariculture cases. Director Zhao Zongwen introduced experiences in informatization and the construction of technology courtroom.