The delegation of Hong Kong Seamen’s Union visited GZMC on October 12, 2019. Then subsequently came the discussion, which President Ye Liudong and Vice President Wang Yufei, and Members of the Party Leadership Dongqing and Song Weili, mid-level leaders, members of Guangdong-Hong Kong-Macao maritime judicial cooperation research group participated. After visiting the second-floor lobby of the Nanzhou court building, litigation service center, Guangzhou International Shipping Judicial Research Center, ten-floor executive command center, Law Branch of Guangzhou Library and watched the publicity film, the delegation joined the discussion at the Guangzhou International Maritime Judicial Base of SPC. President Ye introduced the trial, execution, informatization, building of the team and showed the expectations of enhancing communication and understanding to promote development. Participants of our court made clear introduction and illustration on the issues raised by the delegation, including cultivation mechanism of maritime judges, judge quato system, collegial system, bill of lading remarks, the responsibility period of the carrier and appellate mechanism of maritime cases. The members of the delegation also actively consulted on other relative issues, and our judges also made professional explanations for them. Both parties also discussed heatedly on other issues of concerns. In the end, both exchanged souvenirs.    

Maritime Accident Research Chamber (MARC), the first research institute to study maritime accidents happening in Guangdong, Hong Kong and Macau, had its opening ceremony on 26/9/2019 in Zhuhai. By the cooperation of investigation and research of these three areas, it is believed maritime administration in GBA will be improved, and development of the community of shared future in water transport safety will be boosted.   Cofounded by Zhuhai MSA (Maritime Safety Administration) and GZMC, MARC aims at providing services for local economy and assistance to development of GBA on the basis of deepening communication by way of studying the investigation, dealing with, judgment, application of law of maritime accidents in GBA. It is based in Zhuhai MSA and is headed by Wu Guining, head of Zhuhai Court of GZMC, and Tang Wan, commissar of Zhuhai MSA. Its purpose is to carry out maritime accident research, training and communication, publicity of law, consultancy under the guidance of GZMC and Guangdong MSA. Assistance of professors, lawyer and judges will be included to give MARC a cutting edge throughout the county.   According to Yang Wen, Vice Director of Guangdong MSA, the establishment of MARC will prove a brand new platform for communication on maritime accident research in GBA,and it will play an important role in deepening communication between maritime administrations and maritime courts, prospective study, training and development, high quality development enhancement and service to the development of GBA.   As is pointed out by Ye Liudong, President of GZMC, the establishment of MARC will improve both investigation and maritime judgment, services will be done to harbour and shipping enterprises, and the international competitiveness of harbours in Pearl River Delta will be boosted.   A memorandum of cooperation had been signed by President Ye and Cheng Jinchao, Director of Zhuhai MSA in the opening ceremony, and a symposium was held afterwards.  

Wang Shumei of SPC came to Zhanjiang Court on her research visit on the afternoon of September 11, 2019, where she was shown around the offices and the history chamber. She also listened as head of Zhanjiang Court gave a report. According to Wang, great importance is attached to Zhanjiang Court and a lot has been done. She came up with some expectations. First, the work of maritime trial should be done on a political and international basis. In the context of the strategy of building a maritime power, maritime trial should function in its full play, maritime jurisdiction should be actively exercised, and influence of our maritime courts should be expanded. Second, management of division staff and judicial process management of local divisions should be strengthened so as to continuously improve case handling skills and case quality. Professional communication between the headquarter and local divisions should be enhanced, and when it comes to further study in higher courts and SPC, staff of local divisions should be given priority. Third, local divisions of maritime courts should have active parts in service and safeguard to local social and economic development. Visits to local government and enterprises of shipping and harbor industry should be paid to learn what the local needs in terms of maritime justice. Fourthly, the court should pay more attention to the maritime classical cases cultivation. Adhere to the unification of the effect of politics, legal and society to handling the classical cases. Fourth, exemplary maritime cases should be "fostered". No effort is too great when it comes to working on exemplary cases where political, legal and societal effects harmonize. Fifth, all work should be concentrated on the people and the work of justice for the people should be carried on properly. It was required by SPC that cross region case filing be realized before August 30 at all maritime courts, while on that day we already made it happen for 3 cases, for which credit should be given. All staff of local divisions should put into action the belief of justice for the people in every part of our work. On behalf of the Party Group of GZMC, Vice President Wang Yufei thanked Chief Judge Wang for taking time out to visit Zhanjiang court, he said that the requirements of Chief Judge Wang are the encouragement and expectation for all officers of the court and the guidelines for the trial of GZMC. He said that officers of Zhanjiang court should make it into implementation accordingly and strive to make new progress.        

On the morning of September 6, Guangdong Maritime Trial Communication and Coordination Conference of 2019 was successfully held at the 11th floor of Nanzhou court building of GZMC. More than 60 people attended the conference, they were Deputy Chief Judge Rao Qing of Civil Adjudication Tribunal NO.4 of Guangdong Higher People’s Court, Secretary of the Party Leadership Group and President Ye Liudong, Members of the Party Leadership, judges and judge assistants of GZMC and maritime trial team of Higher People’s Court. Participants opened a heated discussion on ten knotty issues which collected and selected by the maritime trial center of GZMC, some of which were “Whether the typhoon-induced inwelling is belonged to force majeure concerning the given goods damage in the port during warranty period of the carrier, and the exemption clauses are applicable to the carrier as stipulated in Maritime Law”, “The return of delivery package charge”, “Carriers release goods with the L/G instead of an original B/L”, “Cases, concerning injuries and deaths caused by ship collision at sea, are applicable to Tort Liability Law because both the two ships are below tonnage standard of Maritime Law. Should the two ship owners take joint liability or shared liability under such circumstance”, “In domestic waterway freight transport, if the actual carriercaused damage of goods, should carriers get the compensation for the damage on the premise of compensating the loss tothe actual carriers”, “Disputes involving cruises”. Finally, they reached some consensus and formed the majority and minority opinions on some issues. Rao reported maritime case trial in 2018 of Higher People’s Court in the conference, from which we can see that maritime cases of first instance were with good quality and maintaining a lower retrial rate, which means the communication and coordination mechanism of maritime trial established by the two courts has achieved remarkableoutcomes in unifying the adjudication determination and improving the quality and efficiency of trial in provincial maritime. Ye said that during the conference, judges of the two courts were actively discussed, expressed opinions, sparked contend, enlighten of wisdom and helped each other to get improvement, which is beneficial to the formation of judicial consensus and the unification of adjudication determination. It is significant and honorable to do well in maritime trial. He hopes that maritime judges would focus on the general thought of quality strategy of GZMC, further transform their concepts and the mode of thinking and make new efforts to promote maritime trial into a new level.  

Guangzhou Maritime Court Auction Announcement (2019) Y72Z No.384-391   By the Enforcement Ruling of (2019) Y72Z No.384-391, this Court ruled to auction M/V “BRAMCO1” owned by BRAMCOW. L.L. It’s hereby announced as follows:   1.      Article on auction: M/V “BRAMCO1”. The vessel is now berthing at the quay of COSCO Shipping Heavy Industry (Guangdong) Co., Ltd.Other details of the vessel will be set out in the description of the article on auction. For the survey and assessment report of the vessel, please download related documents attached in the description of the article on auction.   2.      Auction method: this Court formed a committee for the auction of the subject vessel by online bidding through Taobao Judicial Auction website. Bidders may first login the website of Guangzhou MaritimeCourt and click “Judicial Auction” for the access to the auction platform.   3.      Bidder’s qualification: citizen, legal person and other organization with full capacity of civil conduct may participate into the auction.   Bidders, who do not run an account on Taobao Judicial Auction website, may entrust a proxy (a natural person of full capacity of civil conduct), who has an account on the said website, to make the bidding. In such case, a Letter of Authorization signed or stamped by the principal shall be submitted to this Court 3 working days before the commencement of the auction. After winning the bidding, the buyer or its proxy shall sign the Sales Confirmation on Auction of Vessel and go through the formalities for delivery of the article on auction before this Court. In case of a lack of completed authorization by the principal, the bidding shall be deemed as individual act of the proxy.   Bidders, who do not satisfy the requirements for the auction, shall bear corresponding legal responsibilities.   4.      Auction time schedule: from 10am on 8 October 2019 till 10am on 9 October 2019. The auction sets a function of delayed bidding. Before the closure of the auction, if there is a bidder making a bid at every last 5 minutes, the auction will automatically be extended for 5 minutes.   5.      Bidding rules: the starting price is RMB23,100,000. The deposit for the bidding is RMB2,000,000 or USD300,000 (deposit in USD may be remitted to the USD account of this Court 10 days before the commencement of the auction with the bank slip sent by fax to +86（20）80929025). The bid increment is RMB100,000. If there is no less than one bidder and the bidding price it offers is higher than the starting price, it wins the bidding.   The Taobao system will, before the commencement of the auction, freeze the funds in the bidder’s account as the deposit, which will automatically be released without any interests within 24 hours if the bidder does not win the bidding. For bidder who wins the bidding, the frozen deposit will automatically be transferred to the account designated by the Court and the balance of the bidding price shall be paid within 10 working days after winning the bidding into the account designated by the court (beneficiary: Guangzhou Maritime Court; bank: Agricultural Bank of China Guangzhou Xinjiao Sub-branch; RMB account No.: 44048201040020917; USD account No.: 44048214040000136. Balance of the bidding price paid in USD would be calculated at the closing exchange rate of RMB against USD on the dateon which the bidder wins the bidding.) In case the auction fails, the bidder’s deposit will automatically be released within 24 hours without any interests.   Bidders shall, before making bidding, peruse the Auction Announcementpublished by this Court.   6.      Time and method for auction consultation and vessel inspection: auction consultation and vessel inspection could be applied as of the day of this Announcement. You may, 10 days prior to the commencement of auction, send a text message in a form of “vessel inspection-last name-phone number” to 189 2225 5730. Fixed time and location for vessel inspection would be notified separately. Alternatively, you may proceed to the quay of COSCO Shipping Heavy Industry (Guangdong) Co., Ltd. for vessel inspection on your own.   7.      The vessel is auctioned on an “as is” basis, and this Court will not assume any guarantee liability if it has any defects. As special notes, bidders are suggested to personally inspect the vessel on site. Bidders who fail to do so shall be deemed to have confirmed the physical conditions of the vessel and shall bear related liability in this respect. The vessel will be delivered at the abovementioned berthing location on an “as is” basis. The cost of bunkers remaining onboard shall be separately paid by the successful biddercalculated at the market price, i.e. the cost of the bunkers remaining onboard isnot included in this auction price.   8.      The successful bidder can handle the procedures for the transfer of ownership by presenting the legal instruments rendered by this Court to the competent ship registration department. Taxes, fees and other possible costs arising therefrom shall be for the successful bidder’s account. (note: as it’s a foreign vessel on auction, the bidders shall consult with the competent department about the procedures for the transfer of ownership and taxes/fees which are different from handling a domestic vessel).   9.      Interested parties to the subject vessel (including the parties to the case, guarantor and parties who have the right of first refusal) may participate in the bidding. Those who do not participate in the bidding are suggested paying attention on this auction. If the parties who have the right of first refusal fail to participate in the bidding, it shall be deemed a waiver of the right of first refusal by such parties.   10.  All creditors to the vessel on auction shall, within 60 days after the third day of the publication of the auction announcement for the first auction of the subject vessel, apply before this Court for registration of their claims. Failure in making such an application within the said prescribed time period shall be deemed as a waiver by the creditors in recovery from the proceeds in the auction of the ship.   11.  Contacts: Tel. (for claims registration): 020-89441831,34063863 Tel. (for vessel inspection): 020-80929136,18922255730, 18038231032,13602726118 Tel. (for online auction): 020-34063680, 89104345 Tel. (supervision): 020-34063810, 89024639 For Taobao technical support: 4008222870 Address of this Court: No.863, Nanzhou Road, Haizhu District, Guangzhou Website: http://www.gzhsfy.gov.cn Email: pm@gzhsfy.gov.cn     4 September 2019  

Vice Director He Junqi of Social and Legal Affairs Committee of National Religion of CCPPCC Guangzhou Committee led a research group visited GZMC for research on the morning of September 3, 2019. President showed a warm welcome to them, introduced the trial of GZMC in recent years and made a report for the implementation of the Outline for the Development Plan of Guangdong-Hong Kong-Macao Greater Bay Areafrom the perspectives of handling the Area’s maritime cases fairly and efficiently, carrying out“Great Visit, Great Research” activity, serving the new requirement of maritime justice for the Area’s construction. Also within the Area, we will explore maritime judicial cooperation, consociation with universities and academic societies, expand communication among law officersand co-cultivate maritime top talents. Director Song Weili of executive Board introduced the practices and explorations in the area offoreign-related trial, Internet trial, people’s accessors from HK and Macao, invited mediators and the consideration for the reform of working mechanism. Members of the Committee including Professor Yang Songcai, director Chen Zhumei and senior consultant Zeng Baochun made deep exchanges with us on the issues of the feasibility of setting up cross-border trial institution and the harmony and application of litigation rules in the Area, deepen cooperation in regional justice and Area’s law firms, the improvement of arbitration disputes settlement mechanism, encourage and support the legal service agencies go global, build an Area’s high-efficiency dispute resolution mechanism and explore the construction of judicial talent exchanges mechanism. According to members of the group, GZMC rich in experience,  innovative in exploration and creative in enlightment when it comes to serving and safeguarding the construction of the Greater Bay Area, which provides bountiful practical information for the research of them, and it also beneficial to both deepening the research on the judicial cooperation and jointly serving the construction for the Area.    

Four people from the People’s Procuratorate of Guangdong Province Guangzhou Branch of Railway Transportation visited GZMC on the morning of August 27, 2019. They were Secretary of Party Leadership Group and Procurator Genral Li Xiaodong, Office Director Xue Qi, Director of Civil Administrative Procuratorial Department Weng Chongwu and Secretary of the Party Group Wu Ming. President Ye Liudong and Vice President Wang Yufei warmly received them. Accompanied by Ye, Li was shown around the Nanzhou court building, litigation service center, watched a trial video recording of court hearing in the Internet courtroom and listened as Deputy Chief Judge Xu Chunlong introduced the case-filling of maritime litigation, diversified dispute resolution and lawyer reconciliation studio. Ye introduced the jurisdiction of cases and the trial situation in the following discussion. This year, GZMC accepted 3293 new cases and closed 2585, a year-on-year increase of 85.52% and 99.92% respectively. The amount of subject of accepted cases is RMB 8.6 billion, the settlement rate within time limits is 98.25%, mediation rate is 14.88% and withdrawal is 41.47%. Some of the casesbefore GZMC are quiet foreign-related, new in type, highly specialized and complicated, and hard to handle, and the subject matters are huge financially. The judge teams are highly professional and no one has ever been under charges connected with case handling and enforcement since the establishment of GZMC. And the informatization forged ahead steadily and smart court construction has made some achievements. Li thanked for the hospitality of Ye and said that courts and procuratorates should strengthen cooperation in team construction, informatization and sharing of specialists think tank, further explore the new patterns of supervision and support of procuratorates for courts under the new circumstances, thence advocate the correct implementation of law and jointly make contribution to the construction of the “Belt and Road Initiative” and the Greater Bay Area.  They also made deep exchanges on the specialized issues like the jurisdiction and trial of maritime criminal cases and the trial of marine ecological public interest litigation cases. Office Director Ye Zuxi and Research Office Director Ni Xuewei and secretary Bai Shaguang also took part in the reception.  

The Forum “Focus on the Development Outline, Realize Bay Area’s Innovative Development” was held in Nansha District of Guangzhou on the afternoon of August 15, 2019. It was hosted by Supply Chain Institute of Studies for the Great Bay Area and co-organized by Nansha Development Area Management Committee and Shanghai Maritime Universities and so on. About 360 peoples presented to it, they were Vice Secretary of Nansha District Committee and Warden Dong Ke, Secretary of the Party Committee of Shanghai Maritime University Song Baoru, representatives from departments of Nansha district, supply chainenterprises, harbor and shipping enterprises and other industries, and the press. Vice President Wang Yufei, Director Deng Yufeng and Vice Director Xu Chunlong of Case-filing Division were invited to it. Focusing on the topics of technology development of harbor and shipping network intelligence, business environment of Nansha FTA, future shipping development in the Bay Area, HK participateion in the construction of the Bay Area, how to seek development by seizing the opportunity in these unprecedented changes in a century, Vice President of SMU Yan Wei, vice director Pan Yuzhang of Nansha Development Area Management Committee, Counselor Liang Jianwei of People’s Government of Guangdong Province, Director Wang Guofan of investHK, media commentator of Phoenix TV, researcher Shi Qiping of CUHK and SSAAPS shared and made exchanges with the participants separately. A round-table conference for the discussion of infrastructure connectivity in the Greater Bar Area was held, Deputy Director Zhang Lechun of Bureau of Construction and Communication of Nansha District, Vice General Manager Ma Jinqi of Guangzhou Port Group, Deputy Secretary-General Feng Jiapei of HK Shipowners Association, Secretary-General Yang Zicheng of HK Cruise and Yacht Association and Chairman Li Guohui of Macao Logistics and Freight Association participated in it. Vice President Wang introduced some measures adopted by GZMC to help with the development of the Bay Area during the forum and made exchanges with some guests on the issues of how to improve the safeguard of maritime justice, provide assistance for the construction of the Bay Area and the development of FTA.  

Member of Party Leadership Group and Vice President Hu Ying and Director Yang Ming and Vice Director Yang Jie of Executive Board of Guangdong Higher People’s Court came to GZMC on July 31, 2019. The work of “basically solving enforcement difficulties” of GZMC were evaluated and reviewed by them, and they operated research and guidance for us under the theme of “remain true to our original aspiration and keep our mission firmly in mind”. President Ye made a report of the main methods and achievements in the work of “basically solving enforcement difficulties” in more than three years of GZMC, and analyzed the difficulties and problems in execution circle, application of enforcement measures and the construction of enforcement difficulties solving mechanism. And he suggested that the maritime executive should separately assessed, GZMC should be taken into combined execution of various departments under the leadership of provincial Party committee and strengthen the executive team building. Hu said that after listening to the report from Ye, he felt that GZMC do well in execution, morale of the executive staffs is high, the quality index and key work are complete in accordance with the requirement of higher court, and they solve difficulties effectively by the combination of maritime cases and team status and further explore a work mode which meet the regulation in maritime trial and enforcement. As to the difficulties and the request of GZMC, he will strive to solve it as soon as possible.He hoped that GZMC will promote its execution into a high level combined with “Five Year Plan Outline” and improve its auxiliary and supporting facilities to keep its lead in maritime courts. Hu also inspected the command center actually works and visited the Internet courtroom and Guangzhou International Maritime Judicial Base of the Supreme People’s Court.  

The 27th national maritime trial seminar successfully held at the 3rd-floor meeting hall in the new trial building of GZMC on July 12, 2019. About 110 peoples of leaders, research office directors, paper authors from ten maritime courts, chief judges and judge representatives from Superior People’s Courts and special speakers attended the meeting. Member of the Party Leadership and Vice President Luo Dongchuan, Director Wang Shumei and the judge team of Civil Adjudication Tribunal NO.4 of the Supreme People’s Court presented and Luo made a speech for it. Luo pointed out that maritime trial theoretical research is the basis of judicial service for maritime power strategy, the important measures to improve the maritime legal system, the key to enhancing maritime judicial capacity and the window to demonstrate China maritime judicial image. And it should stir into the right political direction, by providing theoretical support for the improvement of relevant legislation and unified judicial adjudication criterion for promoting the maritime trial system and modernization of trial ability. He requested that the current and the future period of time, maritime trial should focus on meeting the priority tasks of the Party and the government and take into consideration both the domestic and the international situations, by deepening the implementation of maritime trial high-quality strategy and make steady headway in the construction of international maritime judicial center as a crucial step, to improve the level of it in perspective in serve the overall interests, high-quality in case handling, systematic in system construction, informatization in litigation service and specialization in team construction, thence provide a strong justice service guarantee for the Belt and Road Initiative and other implementation of major decisions and arrangements of the state and the Party. The theme of this meeting is to carry out the important spirit of the speeches in maritime trial made by President Zhou Qiang and Vice President Luo Dongchuan, research the measures of maritime judicial service for the Belt and Road, Yangtze R    iver Economic Zone, free trade zone and the Greater Bay area, discuss the amendment of Special Maritime Procedure Law, electronic evidence in maritime trial and other issues in trial practice and exchange maritime trial experiences.Twelve winning paper authors made presentations around the theme, and specialists gave their incisive comment to it. Presidents of maritime courts made exchanges in maritime judicial service in national strategy during the president parallel forum. Some chief judges and senior judges also made thorough discussions in voyage charter party, actual carrier, the port operator and multimodal transport contract. There were 96 papers submitted to the seminar and 29 of them were from GZMC, which had a rich harvest in the amount and awards. Judge Xu Chunlong made a speech in the meeting.