On Mar.26th, 2018, the Conference of Presidents of Supreme Courts of China and Portuguese-speaking Countries on the topic of “challenge and transcendence——justice in today’s Internet era ” was convened in Guangzhou., President of People’s Republic of China, Xi Jinping sent a congratulatory message to the conference, indicating the important significance of this conference. Li Xi, Secretary of Guangdong Provincial Party Committee, and Zhou Qiang, Chief Justice of China and President of the Supreme People’s Court of China attended the opening ceremony and made speeches. Ma Xingrui, Guangdong Governor also attended the opening ceremony.
President Zhou Qiang brought forward four suggestions for keeping closer communication and cooperation between China and Portuguese-speaking countries: First, build consensus of cooperation, uphold the principle of consultation,co-construction and sharing, jointly promote a community with shared future for humanity. Second, strengthen the judicial exchange and accelerate the realization of through and in-depth cooperation, so as to improve the overall level of judicial cooperation between China and Portuguese-speaking countries. Third, deepen the judicial cooperation and strengthen the rule of law in the field of internet, make in-depth exchange on the experience of judicial publicity and informationization, jointly build up the judicial capacity. Forth, reinforce the judicial assistance and improve the international judicial assistance mechanism to provide effective judicial service and safeguard for the “Belt and Road” initiative.
The conference passed the Guangzhou Statement. The statement points out that, as the Belt and Road Initiative becoming reality from vision, the trade and personnel exchanges between China and Portuguese-speaking countries are becoming more and more frequent, the need for judicial cooperation is constantly growing. China and Portuguese-speaking countries will strengthen the exchanges and cooperation to provide legislative guarantee for implementing the Belt and Road Initiative.
President Ye Liudong of Guangzhou Maritime Court attended the full Conference of Presidents of Supreme Courts of China and Portuguese-speaking Countries on invitation.
On the morning of April 17th of 2018, President Ye Liudong of Guangzhou Maritime Court met with President Yves Armand Frassati of Cusset-Vichy Tribunal De Grande Instance of France.
President Ye Liudong accompanied President Frassati of Cusset-Vichy Tribunal De Grande Instance of France to visit the case filing hall in the litigation service center, the digital court, Guangzhou International Shipping Justice Seminar and the Guangzhou International Maritime Judicial Base of The Supreme Court. After watching the display film of Guangzhou Maritime Court, President Ye Liudong, on behalf of Guangzhou Maritime Court, gave a warm welcome to President Frassati of Cusset-Vichy Tribunal De Grande Instance of France and his team. President Ye also introduced the establishment, jurisdiction, personnel and trial team, trial cases, information construction of Guangzhou Maritime Court and its highlights to President Frassati.
President Frassati made in-depth exchange on the issue of informatization construction, digital court and judge evaluation system. He expressed his genuine appreciation to the reception of Guangzhou Maritime Court and hoped both sides could strengthen the interaction and cooperation.
Vice-president Wang Yufei, Director Lin Xiaofeng, Director Deng Yufeng, Director Song Weili and Vice-director Liu Xiaomu attended the meeting and discussion.
On Apr.20th, 2018, on the occasion of the 3rd anniversary of establishment of Nansha Free Trade Zone, President Ye Liudong was invited to the International Arbitration Exchange Event on the theme of “New Opportunity and Charm of Shipping and Arbitration”, which was jointly hosted by Regulatory Commission of Guangzhou Nansha Development Zone(Nansha Free Trade Zone Area) and Guangzhou Arbitration Commission and Guangzhou Law Society.
The meeting was offically opened in the afternoon,which attracting more than 400 people, including experts and scholars from England, Switzerland, Germany, Singapore and other countries, legal professionals from Hong Kong and Macau, representatives from more than ten well-known arbitration institutions, representatives from nearly one hundred law firms, industry associations, related companies and Chinese media. Xie Xiaodan, Secretary of the Standing Committee and the Politics and Law Committee of Guangzhou Municipal Committee, President of Guangzhou Law Society, Cai Zhaolin, Secretary of Standing Committee of Guangzhou Municipal Committee and Nansha District Committee, Li Tianen, Senior Assistant Commissioner of Legal Policies of Department of Justice(Hong Kong) each delivered a speech at the opening ceremony. They all expressed a good vision of the coordinated development of Guangdong-Hong Kong-Macau Greater Bay Area.
During the discussion on the issue of “Sail on the Silk Road——Explore the New Direction of the Construction of Free Trade Port”, President Ye took Guangdong Pilot Free Trade Zone for example to express that maritime litigation, with shipping arbitration together, will help building Guangzhou into an international Shipping Center. He pointed out that, on the occasion of the 3rd anniversary of establishment of Guangdong Pilot Free Trade Zone, concluding Guangzhou Maritime Court’s trial experience of cases related to shipping arbitration has practical instructive meaning for fully using the dispute settlement mechanism, which is arbitration, to provide better support and supervision to the maritime justice. It is also the best commemoration for the 3rd anniversary of Guangzhou Pilot Free Trade Zone.
Recently, 13 newly-appointed mediators accepted the offer and went on duty. Under the cooperation of Guangzhou Maritime Court and China Maritime Arbitration Commission, the working mechanism of admiralty dispute entrusting mediation is put into implementation officially.
President Ye Liudong of Guangzhou Maritime Court said, to improve the cohesive mechanism between litigation and non-litigation resolution of admiralty dispute, last August, Guangzhou Maritime Court and China Maritime Arbitration Commission signed a memorandum of cooperation on establishing a working mechanism of admiralty dispute entrusting arbitration and mediation and reached a consensus. To further ensure the standardization and normalization of the mechanism, promote the positive interaction between maritime judicature and maritime arbitration and to enhance the cooperation with China Maritime Arbitration Commission, both sides officially start to carry out the work of admiralty dispute entrusting mediation on the basis of the signed memorandum of cooperation.
President Ye Liudong of Guangzhou Maritime Court also pointed out that, the entrusting mediation mechanism will be able to give full play to the characteristics and advantages of the expert mediation mechanism, including the mediators’ extensive arbitration experience, comprehensive technologies, recognition of the shipping industry. The mechanism not only conforms with the actual need of the parties, but also effectively releases the pressure of the court in case handling and reasonably allocates the judicial resources. In 2018, Guangzhou Maritime Court will gradually increase the quantity of entrusting mediation cases and improve the litigation efficiency, so as to handle and solve more cases concerned maritime matters in a quick, convenient, fair and harmony way.
On Nov. 29th, 2017, Indonesian “SC Warrior” Vessel exploded which caused the sailors injured. Recently, for the advancing payment of medical expenses of five sailors, an applicant filed an application to Guangzhou Maritime Court for the arrest of the vessel involved. Guangzhou Maritime Court opened a green pass immediately. They made documents for the arrest at that night and hurried to the wharf to implement the arrest on the next day. When going onboard beside the “SC Warrior”, Guangzhou Maritime Court communicated and coordinated with the two parties and helped to bring about an agreement between the applicant and the respondent upon the guarantee. At last, the applicant withdrew the applicant for the arrest of vessel and the two parties both expressed their satisfaction for the result.
On the night of Nov. 29th, 2017, Indonesian “SC Warrior” Vessel exploded during the tank washing procedure and caused 5 sailors injured, including 3 serious injuries and 2 minor injuries. On the afternoon of Jan. 3th, applicant Xie filed an application to Guangzhou Maritime Court for the arrest of the vessel involved which was owned or bare-boat chartered by the respondent and berthing at the Guangzhou Port for the reason that he paid the advancing payment of medical expenses for 5 injuries in the explosion of “SC Warrior” Vessel, including Yan. He also requested Guangzhou Maritime Court to order the respondent to provide guarantee.
Upon review, Guangzhou Maritime Court held that the applicant’s application for the arrest of vessel is in accordance with the laws and regulations, they opened a green pass for the parties immediately. The judges worked overtime till 11pm at night until they have finished the documents for the arrest. The next day, the judges hurried to the wharf and implemented the arrest. Beside the wharf, the judges communicated and coordinated with the applicant and the respondent with patience. At last, the respondent agreed to provide guarantee and the applicant withdrew the application for the arrest of vessel. The two sides reached an agreement upon the guarantee issue. Finally the case was closed and both sides are satisfied with the result.
On the morning of Jan. 11th, 2018, the third meeting of the Fifteenth Guangzhou People’s Congress was solemnly opened at Guangzhou Baiyun International Convention Center. Municipal Party Secretary Ren Xuefeng, Chairman Liu Yuelun of the Committee of Guangzhou People's Political Consultative Conference attended the meeting hosted by Director Chen Jianhua of the Standing Committee of Guangzhou People' s Congress. Mayor Wen Guohui delivered a report on the work of the government. President Ye Liudong of Guangzhou Maritime Court attended the meeting with Vice-president Huang Weiqing and Vice-president Wang Yufei as observers.
Guangzhou Maritime Court sent out an advisory service team of four, including Director Ni Xuewei of Judicial Supervision Division, Judge Wu Guining, Judge Assistant Geng Lijun and Ouyang Di, to provide advisory service for the deputies of People’s Congress. Mayor Wen Guohui and Director Chen Jianhua of the Standing Committee of Guangzhou People' s Congress met with the advisory service team cordially. The team answered comprehensively to the questions raised by Deputy Zhuang Weiyan about the trial, preventive measures, assessment and accreditation of cases involving marine environmental pollution, then, gave the 2016 Guangzhou Maritime Court Report on Trials in three languages of Chinese, English and Portuguese to the deputies as presents.
In the past year, the economic strength of Guangzhou improved steadily and the pace of innovation has accelerated markedly. The emerging industry continued to grow. The "Three go, one drop, one supplement" Policy has scored obvious results. Social governance was strengthened. According to the requirements of “four insists, three supports and two front ranks” and the general objective of “striving to make people to feel the justice and fairness in very judicial case”, Guangzhou Maritime Court, a special court dealing with maritime litigation, made every effort to provide excellent judicial safeguard service for the Belt and Road Initiative and the Strategies of constucting the Guangzhou international shipping center,the Guangdong Pilot Free Trade Zone and the Guangdong-Hong Kong-Macau Greater Bay Area, of building Guangdong into a powerful maritime province and China into a maritime power. In 2017, there are 2614 new cases and 616 remained cases last year tried by the judges of Guangzhou Maritime Court, 2806 cases claiming for CNY 7.351 billion of which are concluded in the same year. The amounts of trial, conclusion and claim are increased by 7.1%, 16.8% and 16.2% over the last year respectively. Judges at the front line concluded 100.2 trials per person this year. They made important contribution to the construction of building Guangdong into the safest,fairest,and the most stable region with the best legal environment.
After the meeting, President Ye Liudong came to the service counter to inquire about the advisory service and accepted the reporters’ interview.
At the beginning of the year, Judges Zhang Kexiong and Yang Yaxiao of Maritime Administrative Division of Guangdong Maritime Court were invited to give lessons to Huizhou Division of Guangdong Oceanic Fishery Administration for research and communication.
Judge Zhang Kexiong gave a lecture on the topic of Maritime Administrative Trials and Administrative Enforcement of Marine Fisheries for nearly 40 backbones of Huizhou Division. He focused on the jurisdiction of Guangzhou Maritime Court on maritime administrative cases, which effectively helps the executors of marine fishery administrative division to clarify their misunderstanding between exclusive jurisdiction of maritime courts and centralized jurisdiction of railway transportation courts on administrative cases. At the same time, he reviewed the issues that he found and abstracted in the cases involving the marine fishery administrative divisiontried by the Maritime Administrative Division of Guangzhou Maritime Court in recent years. The lecture was a lively law lesson as it was closely related to the legality of administrative enforcement, which the executors at the front line care about.
The two judges also held talks and communicated with the fishery administrative enforcement backbones, answered their questions about the enforcement procedure and the application of laws and regulations and won their consistent praise. This communication was a good publicity of the jurisdiction of Guangzhou Maritime Court on maritime administrative cases, fully showed the specialty and fairness of Guangzhou Maritime Court on maritime administrative trial.
On the morning of Jan.5th, 2018, Political Commissar Kong Siping, Deputy Director General Sui Guoqing of Zhaoqing Maritime Safety Administration, Director Su Yu, Vice-director Kang Huawei of Law Enforcement Supervision Division, Vice-captain Cheng Yuanlin of Marine Patrol Division, Director Jiang Chao of Gaoyao Maritime Safety Division visited Guangzhou Maritime Court. Tasked by President Ye Liudong, Vice-president Huang Weiqing held talks and communicated with the guests about the issues related to administration by laws under the topic of ‘New Concepts, New Ideas and New Strategies of Xi Jinping’s Thought on the Governance of China’.
Vice-president Huang gave a warm welcome to the guests and briefly introduced the overall working condition of Guangzhou Maritime Court in 2017. He reviewed the good interaction and cooperation in the arrest and registration of vessels with Guangdong Maritime Safety Administration, especially Zhaoqing Maritime Safety Administration.Then Vice-president Huang had full communication and explanation with the guests on the issues found in the judicial practice,including the determination procedures and treatment of ownerless vessels, the identified conditions and evidence collection in the application for ownerless vessels and how to apply for negotiorum gestio of ownerless vessels.
Political Commissar Kong expressed gratitude to Vice-president Huang for the warm reception. He pointed out that, to better serve the strategic layout of the People's Government of Guangdong Province of building up theXijiang River into a golden waterway, Zhaoqing Maritime Safety Administration will further strengthen the work on maritime administrative enforcement and management by strengthening the law enforcement and supervision of ships with "three noes", ships not conform with the certificates, ships excavating sands in the river without license, so as to develop a beautiful Xijiang River under governance by laws.
Director Xiong Shaohui of Maritime Administrative Division, Director Ni Xuewei of Judicial Supervision Division of Guangzhou Maritime Court also attended the talks.
On the morning of Dec. 18, 2017, Brenda Hannigan, head of Southampton Law School and Professor of Southampton Institute of Maritime Law, Dr Jenny Jingbo Zhang of Southampton Law School visited Guangzhou Maritime Court and held an academic seminar for academic exchange with judges and judge assistants of Guangzhou Maritime Court.
President YeLiudong, on behalf of Guangzhou Maritime Court, gave a warm welcome to the two, and introduced the basic information of the court. President Ye said, Southampton Law School leads the world(is at the cutting edge) in the field of maritime law research, especially the Southampton Institute of Maritime Law, which covers the research of maritime law(ship collision, oil contamination, limitation of liability, etc.), law of carriage of goods by sea(chartering, bill of lading, etc.), marine insurance act, law of the international sale of goods, international commercial arbitration law, international jurisdiction, law of the sea and etc.. He indicated that this academic seminar will provide the judges and judge assistants some guidance and insight into the latest updates and trends of maritime law research.
Basing on the topic of cross-border group insolvency Professor Brenda Hannigan talked about the methods of Britain’s courts in handling legal affairs in respect of cross-border insolvency. She introduced the 2015 European Act in terms of insolvency liquidation among European Union countries, 1997 UNCITRAL Model Law on Cross-Border Insolvency and the effect of these unified regulations in practice.
Dr Jenny Jingbo Zhang started fr om the document of title of bill of lading under English Law, analyzed the carrier’s liability over delivery of goods without original bill of lading under order bill of lading and straight bill of lading, the relationship among letter of guarantee, exception clause, electronic bill of lading and carrier's responsibility of delivery of goods without original bills of lading.
Judges and judge assistants of Guangzhou Maritime Court exchanged in-depth views and had a heated discussion on the interested topics with Professor Brenda Hannigan and Dr Jenny Jingbo Zhang.
President Ye also discussed the potential collaboration with Professor Brenda Hannigan in terms of judge training and joint research projects. Both sides agreed that they should broaden the path for the cultivation of maritime judicial professionals. Southampton Law School will provide support for Guangzhou Maritime Court on the cultivation of maritime judges with international perspectives. Next they will strengthen their interaction and cooperation.
On the afternoon of Dec. 4, 2017, accompanied by President Ye Liudong, Vice President Huang Weiqing of Guangzhou Maritime Court, Deputy Director Yu Mingyong of the Standing Committee of Guangzhou Municipal People' s Congress, Director Zheng Liecheng of the Committee for Internal and Judicial Affairs, led some of the members and deputies of the Standing Committee of the Municipal People's Congress to visit the Shenzhen Detached Tribunal.
After looking around the working environment, the members and deputies highly appreciated the achievements of digital court and informatization construction of the Shenzhen Detached Tribunal. Then they held talks with the staff of the tribunal. Director Cheng Shengxiang reported the basic information of Shenzhen Detached Tribunal and introduced the formation of the judge team, main characteristic of accepted cases, classic cases tried by the tribunal and research achievements. He put emphasis on the case involving the arrest of vessels of Hanjin Shipping Co., Ltd. and the case of disputes over the right to use sea areas which was handled after multi-party coordination. President Ye Liudong gave a warm welcome to the team and briefly introduced the main work and achievement of Guangzhou Maritime Court in this year and the plan for next year.
After hearing President Ye’s report, Deputy Director Yu Mingyong indicated his full recognition on the achievements and the great judge team of Shenzhen Detached Tribunal. Then he brought forward his opinions and advice on the work of the tribunal.
粤公网安备44010502002715
