Ten Typical Cases of Guangzhou Maritime Court Serving the “One Country, Two Systems” Policy during 20 Years since Hongkong’s Return to the Motherland

Updated:2017-08-14 Views:2670

 

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 judgmentwhich 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!