On the afternoon of Nov. 30th, 2017, President Ye Liudong led his research team of 7, including Dong Qing, the Secretary of Committee for Discipline Inspection and staffs of Maritime Administrative Division, paid a visit to the Oceanic and Fishery Department of Guangdong Province for research and study. His counterpart, Wang Zhongbing, gave a warm welcome and held talks with the team. President Ye briefly introduced the development history, jurisdiction, staff composition and achievements of Guangzhou Maritime Court. The team is trying to learn about the new needs of oceanic administrative organs in law-based administration and maritime litigation so as to solve the new problems arose during the trial of maritime administrative cases. Wang Zhongbing pointed out that the current function transformation of the Oceanic and Fishery Department of Guangdong Province is focusing on five aspects, including marine equipment, marine organism, offshore wind power, combustible ice and marine public services. They are standing in need of stronger communication with Guangzhou Maritime Court. Further more, they put a high value on the research activities of Guangzhou Maritime Court and made adequate preparation for the research. During the talks, responsible officers of related divisions in the Oceanic and Fishery Department not only answered all the questions  fro m Guangzhou Maritime Court, but also fully exchanged views and reached a preliminary consensus with Guangzhou Maritime Court on marine pollution, illegal fishing, illegal cultivation, sea areas management, fishing ports management and application for execution.  

  On Saturday night of Nov. 4th, 2017, judges Song Weili, Song Ruiqiu, Chang Weiping and judge assistant Geng Lijun of Guangzhou Maritime Court were invited to Dongguan Broadcasting Station as special guests to attend the live talk show “Along with the Law”, which is a mainstay legal program of the station. The theme of the program on that day was “Maritime Trial in the Doorway in Dongguan”. Judge Song Weili and her team exchange din-depth views with the hosts Jiang Xiao and An Qi on the theme. They referred to the first case tried in Dongguan Circuit Court to introduce the necessity of setting up Dongguan Circuit Court and the proceedings there, and introduce the basic information of case trial and typical cases of Guangzhou Maritime Court.   During the live broadcast, the listeners were very responsive. They not only constantly sent greetings to the judges and interacted with them on Microblog, but also consulted about the maritime legal problems happening around them. The broadcast received very good responses in the society and achieved the anticipated goal, which is the publicity of Guangzhou Maritime Court providing high quality maritime justice safeguard for the construction of powerful marine province and Guangdong-Hong Kong-Macau Greater Bay Area.      

  On October 30th, 2017, professors and students of Guangzhou Maritime College, a total of 45, attended a court trial heard by the maritime administrative division of Guangzhou Maritime Court. In this case, the plaintiff, as the carrier claims that the defendant, as the consignor caused the goods to be impounded by the local customs to whom they declared the fireworks and crackers as toothpicks and that the defendant is liable for the container demurrage at the destination port. The defendant counterclaims that they already paid the deposit to the plaintiff after the container was impounded, but the plaintiff never told them the condition of the goods at the destination port and that the plaintiff should pay back the deposit. During the trial, the collegial panel sorted the evidences provided by both parties, summarized the uncontroversial facts and points at issue, then guided both parties to further provide evidence and state their cross-examination opinions on the points, which includes “the basis of the plaintiff’s claim for the loss of container demurrage costs” and “whether the amount paid by the defendant is inside the range of deposit”, so as to present the case facts objectively. During the trial, both parties’ views collided and confronted with each other, which greatly attracted the attention of the professors and students of Guangzhou Maritime College and helped the whole trial to obtain favorable effects. After the trial, judges who presided over the trial communicated with the professors and students of Guangzhou Maritime College. The judges not only explained the general process of the court handling cases in detail, but also answer questions raised by students about the laws applied in maritime trial in the aspects of freight forwarding business and carriage of container cargo. The students said that they have better understanding of shipping practice and relative legal affairs after hearing the court trial. Besides, the trial has stimulated their learning enthusiasm for navigation laws.      

   On Oct. 10, Zhuhai Detached Tribunal of Guangzhou Maritime Court tried a case concerning disputes over shipbuilding contracts. A collegial panel consisting of Presiding Judge and President Ye Liudong, Judge Han Haibin and People’s Accessor from Macau Hu Jingguang was formed to conduct the trial. This is the first time for Guangzhou Maritime Court to bring in resident of the Macao Special Administrative Region on case trial as the people’s accessor. This case is concerning disputes over shipbuilding contracts. Before the trial, President Ye gathered all members of collegial panel to study the case and clear the thoughts. During the trial, members of collegial panel not only shared out the work and cooperated with one another, but also conducted the court trial and ascertained the facts of the case according to the legal procedures. Hong Kong and Macau are two international metropolises tightly connected with the world economy. In particular, Hongkong is an important international finance center, trade center and shipping center in addition to being the third-ranking finance center of the world. To give full play to the talents superiority of Hongkong and Macau in international finance, trading and shipping industry and broaden the channel for people’s accessors to participate in the trial of maritime cases, Zhuhai Detached Tribunal brought in Macau resident on case trial base on the research and discussion on the feasibility of Macau residents participating in the case trial, so as to expand the influence to the outside world and better serve the construction of the national maritime justice center.    

  Ten Typical Cases of Guangzhou Maritime Court Serving the “One Country, Two Systems” Policy during 20 Years since Hongkong’s Return to the Motherland     Member of Leading Party Group & Vice President of Guangzhou Maritime Court Huang Weiqing Aug. 4, 2017     Friends from the press, maritime experts, lawyers, all the guests: Good afternoon! Guangzhou Maritime Court was one of the first batch of maritime courts established in 1985 with approval of the Standing Committee of the National People’s Congress, located in Guangdong Province. As the pioneer of China's reform and opening up policies, Guangzhou Maritime Court specialized in handling maritime cases involving foreign or Hong Kong, Macau, Taiwan elements. In 1983, to better serve the parties from Hong Kong and Macau and promote the economic development of shipping industry , Guangzhou Maritime Court established the very first detached tribunal in the special economic zones among China’s maritime courts in Shekou District of Shenzhen, so as to handle nearby maritime cases involving Hong Kong elements. 20 years later, in 2014, Promoted by the construction of Hong Kong-Zhuhai-Macao Bridge, Guangzhou Maritime Court withdrew the Jiangmen Detached Tribunal and established Zhuhai Detached Tribunal to make litigation convenient for Hong Kong and Macao people. Hong Kong has returned to the motherland for 20 years since July 1, 1997. As always, Guangzhou Maritime Court persists in fully and faithfully implementing the “One Country, Two Systems” Policy. We have handled more than 2,000 maritime cases involving Hong Kong elements and their execution in strict accordance with Maritime Law and the Laws of the Hong Kong Special Administrative Region. In this way, we not only help maintain the shipping traffic order and protect the Hong Kong’s marine environmental resource, but also safeguard and promote the construction of building Hong Kong into an international shipping hub and make a great contribution on maintaining the prosperity and stability of Hong Kong. During this period, a great deal of typical cases with reference value have sprung up. Today, on the occasion of the 20th anniversary of Hong Kong’s return to the motherland, we release ten typical cases concerning disputes over delivery under contract of carriage of goods by sea, including Ranbaxy Laboratories Co., Ltd(Hong Kong) v. Hong Kong Zhonghao Group Co., Ltd. Trial of these cases all accurately applied the international shipping rules and the Laws of the Hong Kong Special Administrative Region, what’s more, some even fill the gap in law with typicality and representativeness to some extent. Next please allow me to declare these ten typical Cases of Guangzhou Maritime Court serving the “One Country, Two Systems” Policy during 20 years since Hong Kong’s return to the motherland. 1. Case concerning disputes over delivery under carriage of goods by sea of Ranbaxy Laboratories Co., Ltd(Hongkong) against Hongkong Zhonghao Group Co., Ltd In this case, the court entered the (1997) GHFSZ No.149 civil judgment，which accurately applied the international shipping rules and safeguarded Hong Kong's status as the trade and shipping center in accordance with law. 2. Case concerning disputes over delivery of goods without an original bill of lading of Qirong Trading Co., Ltd against Anhui Ocean Shipping Co., Ltd In this case, the court entered the (1997) GHFSZ No.74 civil judgment, which improved the judicial rules on delivery of goods without bill of lading and stabilized Hong Kong’s trade order in accordance with law. 3. Case concerning disputes over delivery of goods without an original bill of lading of Jiangsu Guanyun County International Trade Company against CMA CGM SA In this case, the court entered the (1999) GHFSZ No.41 civil judgment, which accurately defined the scope of carrier’s liability and safeguarded the legitimate rights of Hong Kong’s enterprises in accordance with law. 4. Case concerning disputes over ship mortgage loan contracts of Panbillion Fiance Co., Ltd against Carlie International Shipping (Panama) S.A. In this case, the court entered the (2000) GHFSZ No.79 civil judgment, which applied the Laws of the Hong Kong Special Administrative Region and maintained the order of Hong Kong’s  international financial market in accordance with law. 5. Case of application for affirming the arbitral clauses on the bill of lading null and void by P & O Nedlloyd Co., Ltd and  P & O Nedlloyd (HK) Co., Ltd In this case, the court entered the (2000) GHFSZ No.37 civil ruling, which accurately applied the provisions of New York Convention and confirmed the effect of arbitration clause involving Hong Kong elements in accordance with law. 6. Case concerning disputes over contracts of labor services provided by the crew of Guangzhou COSCO Shipping Co., Ltd against Pallister Group Co., Ltd In this case, the court entered the (2002) GHFCZ No.228 civil judgment, which distributed the proceeds of the auction sale of Orient Princess Vessel in accordance with law and duly handled the major sensitive case involving Hong Kong elements. 7. Cases on disputes over cargo damage and shortage under contracts of carriage of goods by sea of Guangzhou Branch of The People's Insurance Company of China Limited against COSCO(Hong Kong) Shipping Co., Ltd In this case, the court entered the (2002) GHFCZ No.302 civil judgment, which accurately applied the provisions of maritime law and promoted the development of Hong Kong’s marine insurance market. 8. Case concerning disputes over claims for damages arising out of collisions of vessels of Guangzhou Haichang Oil Shipping Company against Li Shiba In this case, the court entered the (2005) GHFCZ No.268 civil judgment, which accurately applied the International Regulations for the Prevention of Collisions at Sea and safeguarded Hong Kong’s shipping traffic order in accordance with law. 9. Case concerning disputes under marine salvage contracts of Nanhai Rescue Bureau of the Ministry of Transport against Archangelos Investments E.N.E, Shanghai Representative Office of Hong Kong Andaousen Co., Ltd. In this case, the court entered the (2012) GHFCZ No.898 civil judgment, which clarified the nature of marine salvage contract. Live broadcast in the trial of second instance by the Supreme People's Court presented the judicial justice of China. 10. Case concerning disputes over liability for damage arising out of vessel-induced pollution of Zhuhai Maritime Safety Administration of PRC against Hong Kong Xiatian Shipping Co., Ltd. In this case, the court entered the (2015) GHFZZ No.466 civil mediation, which effectively solved the case concerning vessel-induced pollution involving Hong Kong elements and promoted the marine environmental resource conservation in accordance with law.   All the guests: At this historic moment of 20th anniversary of Hong Kong’s return to the motherland, we should not only summarize the past, but also have our eyes on the future. The State Council have approved for the planning and construction of the city cluster in Guangdong-Hong Kong-Macao Greater Bay Area, which is creating 13% GDP with less than 1% area of the whole country as one of the most vigorous and open-ended economic entity in the world. Guangzhou Maritime Court is exactly located in the important position among the city cluster. We believe, with the accomplishment of the infrastructure construction of Hong Kong-Zhuhai-Macao Bridge and Guangzhou-Shenzhen-Hong Kong Express Rail Link, the mutual advancement and win-win cooperation in finance, economy and trade, shipping industry between Guangdong Province and Hong Kong will be further promoted. Hence, Guangzhou Maritime Court will further enhance the judicial ability of serving and safeguarding the strategy of “One Belt, One Road” Policy and the construction of Guangdong Pilot Free Trade Zone and building Guangzhou into an international shipping hub, try and execute maritime cases involving Hong Kong elements with high efficiency and justice in accordance with law, strive to be the pioneer in the construction of international maritime judicial center, continue to make contribution to maintain long-time prosperity and stability in Hong Kong, so as to safeguard the practice of the "One country, Two systems" Policy in Hong Kong. Thank you all!      

    On Aug. 4, 2017, Guangzhou Maritime Court held a press conference and released the Guangzhou Maritime Court Report on Trials 2016 to the public, which analyzes the problems in the shipping industry and provides suggestions. This is the 7th time for Guangzhou Maritime Court to release maritime judicial report to the public in the form of white paper since 2010. On account of the large proportion of cases involving Hong Kong, Macau, Taiwan elements, apart from Chinese edition, meanwhile, Guangzhou Maritime Court also released the English edition and Portuguese edition.   Vice president Huang Weiqing released the Guangzhou Maritime Court Report on Trials 2016. In 2016, Guangzhou Maritime Court accepted a total of 2,562 new cases and closed 2,403 cases. The amount of the subject matters totaled up to CNY 5,357 billion in the new cases and CNY 6,328 billion in the closed cases. The features of maritime cases accepted in 2016 are as follows: first, large proportion of cases involving foreign or Hong Kong, Macau, Taiwan elements. Second, fairly large number of FTZ-involved cases. Third, unchanged frequent occurrence of disputes over seafarer service contract. Forth, continue increase of maritime administrative cases. Fifth, significant decrease of procedural cases and enforcement cases. Sixth, debut of online judicial auction.   During 20 years since Hongkong returned to the motherland on July 1, 1997, Guangzhou Maritime Court has handled more than 2,000 maritime cases involving Hongkong elements and their execution in strict accordance with Maritime Law and the Laws of the Hong Kong Special Administrative Region. In this way we not only help ensure the shipping traffic order but also protect the marine environmental resource in Hongkong. Vice-president Huang Weiqing released ten typical cases concerning disputes over delivery under contract of carriage of goods by sea of Guangzhou Maritime Court serving the “One Country, Two Systems” Policy during 20 years since Hongkong’s return to the motherland, including Ranbaxy Laboratories Co., LTD(Hongkong) v. Hongkong Zhonghao Group Co., Ltd. Trial of these cases all accurately applied the international shipping rules and the Laws of the Hong Kong Special Administrative Region, to some extent, some even fills the gap in law with typicality and representativeness.   Since 2016, Guangzhou Maritime Court has stuck to people-oriented judicial justice and grasped the top priority of the trial and enforcement. Wang Yufei, Party Leadership Group Member and Director of Enforcement Bureau, released top ten events, top ten typical cases and top ten research reports of Guangzhou Maritime Court in 2016.   China Maritime Arbitration Committee has a history of nearly 60 years since its establishment in 1959. Chen Bo, Deputy Secretary General of China Maritime Arbitration Committee and Vice President of Court of Arbitration, introduced the working mechanism of entrusting mediation of maritime disputes. Vice President Huang Weiqing of Guangzhou Maritime Court signed the Memorandum of Understanding on the Establishment of Working Mechanism of Entrusting Mediation of Maritime Disputes with Chen Bo, the representative of China Maritime Arbitration Committee on the conference. This move will not only further improve the mechanism of cohesion between maritime disputes and non-litigation resolution, but also promote the benign interaction between maritime justice and maritime arbitration, strengthen the construction of soft environment for maritime legal service in South China Region and Guangdong Pilot Free Trade Zone.   More than 60 people including judges from Guangzhou Maritime Court, experts and scholars in the field of maritime law, representatives of port and shipping enterprises, lawyers, practitioners from the press attended the press conference.    

On Aug. 3, 2017, Editorial Department of China Maritime Trial Annuals of Guangzhou Maritime Court held an editorial meeting. President and Editor-in-Chief Ye Liudong of Guangzhou Maritime Court presided the meeting. Part of the Editorial Committee members including Huang Weiqing, Ni Xuewei,Deng Yufeng, Xu Yuanping, Tang Xiaolong and Luo Zhenrong attended the meeting.

At the meeting, the work of edit and publication of China Maritime Trial Annuals(2015) was concluded and the time schedule of edit work for 2016 annuals was determined.

President and Editor-in-Chief Ye Liudong pointed out that China Maritime Trial Annuals has not only achieved a good reputation in maritime trial and sailing practice industry in China, but also gained certain influence overseas since it was launched in 1989. Therefore, it has become a brand of Guangzhou Maritime Court. President Ye requested that the Editorial Committee should make innovations on the basis of inheritance and fully present all the theoretical achievements in maritime trial in China over the past year, so as to promote the academic research of maritime trial to develop in depth and breadth, give full play to the function of the Annuals as a think tank and provide intellectual support for trial practice.

 

 

 

On July 18, 2017, a civil public interest litigation case on disputes over liability for pollution to marine environment was tried in the Guangdong Pilot Free Trade Zone Circuit Court of Guangzhou Maritime Court. This is not only the first case tried by Guangdong Pilot Free Trade Zone Circuit Court since its establishment, but also the first civil public interest litigation case on disputes over liability for pollution to marine environment of China instituted by People's Procuratorate. Nearly 20 deputies to the People's Congress and members to the National People's Political Consultative Conference of Guangzhou or Nansha District attended the trial.

 

On 3:50 a.m. of Aug. 30, 2016, when the law enforcement officers of State Oceanic Administration patrolled around the Hongqili waterway near Pearl River estuary, they found that Li Weilai was driving the ‘Guigang Guilong 8090’ vessel and dumping 100 cubes construction clay into the sea. On April 20, 2017, People's Procuratorate of Guangzhou instituted proceedings against Li Weilai to Guangzhou Maritime Court and requested the court to order him to assume the compensation for the loss caused by his dumping behavior of RMB 251,678. Guangdong Pilot Free Trade Zone Circuit Court of Guangzhou Maritime Court accepted the case.

 

On 3 p.m. of July 18, 2017, Guangdong Pilot Free Trade Zone Circuit Court of Guangzhou Maritime Court tried the case. In the court, People's Procuratorate of Guangzhou, as the public interest litigator, provided an environmental damage assessment report made by the South China Institute of Environmental Sciences to prove that the consequential economic loss of the incident was RMB 251,678 in total. However, the defendant Li Weilai argued that, evidence from the public interest litigator is not enough to prove the damage caused by dumping construction clay. The court will schedule a date to announce the judgment.

 

Ye Liudong, President of Guangzhou Maritime Court and presiding judge of the case, pointed out that the trial of this environmental civil public interest litigation case will not only further enrich the trial experience of such cases of Guangzhou Maritime Court, but also provide practical basis for improvement of compensation rules for marine environmental damage of China, so as to provide better judicial safeguard and service for marine ecological civilization construction and building China into a beautiful country.

 

On July 14, 2017, President Ye Liudong of Guangzhou Maritime Court, leading his team of Huang Weiqing, Zhou Yongping, Wang Yufei, Dong Qing, visited Guangzhou Intellectual Property Court for study and research. President Wang Haiqing of Guangzhou Intellectual Property Court gave President Ye and his team a warm welcome.

Accompanied by President Wang Haiqing, President Ye and his team toured around the trial courts, offices, the litigation service center and the culture exhibition hall under construction to know about the infrastructure construction conditions of Guangzhou Intellectual Property Court. The two sides also held a meeting to exchange views on team construction and logistical support.

President Ye introduced the overall conditions of trial work of Guangzhou Maritime Court, from the aspects of implementation and achievement of the strategy of producing fine works, broadening the global vision of judges and vigorously promoting the construction of the International Maritime Justice Center.

 

On the afternoon of May 11, 2017, Guangdong Pilot Free Trade Zone Circuit Court of Guangzhou Maritime Court held an opening ceremony. Chen Jianhua, Chairman and Party Leadership Group Secretary of Standing Committee of Guangzhou People’s Congress, Xu Chunjian, Party Leadership Group Member and Vice President of Guangdong High People’s Court, Ye Liudong, Party Leadership Group Secretary and President of Guangzhou Maritime Court, Cai Chaolin, Secretary of Standing Committee of Nansha District, Zeng Jinze, Vice Secretary and leader of Nansha District, Liang Ling, Secretary of Standing Committee and Political and Legislative Affairs Committee of Nansha District, Wu Xiang, Party Leadership Group Secretary and President of Nansha People’s Court attended the ceremony.

 

President Ye Liudong pointed out that the opening ceremony indicates that Guangzhou Maritime Court officially starts the circuit trial of commercial and maritime cases related to Guangdong Pilot Free Trade Zone. Guangzhou Maritime Court will fairly and efficiently try the maritime cases related to Guangzhou international shipping hub and establish the expectation of market entity against the transaction rules, effectively maintain the shipping market order, make contribution on the improvement of legal environment for the construction of Nansha Free Trade Zone and build Guangzhou into an international shipping hub.

 

Xu Chunjian, Party Leadership Group Member and Vice President of Guangdong High People’s Court, raised that, adjoining Hongkong and Macau, Guangdong Pilot Free Trade Zone is the forefront of the reform and opening up policy and the highland of legal construction. He hoped that judges of Guangdong Pilot Free Trade Zone Circuit Court could produce fine quality cases through fair and efficient trial of foreign-related cases to improve the speaking right of China in the field of maritime and legislation among the international community , and to shape a good image and enhance the international credibility of Chinese judiciary, so as to expand the international influence of Chinese judiciary.