Shipping 2026

CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co

• Protocol on Preparedness, Response and Co- operation to Pollution Incidents by Hazardous and Noxious Substances, 2000; • International Convention on Civil Liability for Bun - ker Oil Pollution Damage, 2001; • International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001; • Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases of Disputes over Compensation for Vessel-Induced Oil Pollution Damage; and • Nairobi International Convention on the Removal of Wrecks. 3.2 International Conventions: Collision and Salvage The following international conventions and relevant laws have been ratified by the PRC and will impact the liability of owners and interested parties in events of collision and salvage: • Convention on the International Regulations for Preventing Collisions at Sea, 1972; • International Convention for the Safety of Life at Sea, 1974; • International Convention on Standards of Train - ing, Certification and Watchkeeping for Seafarers, 1978; • Maritime Code of the PRC (CMC); • Provisions of the Supreme People’s Court on Some Issues about the Trial of Cases of Ship Collision Disputes; • Provisions of the Supreme People’s Court on the Trial of the Cases of Property Damage Compensa - tion arising from Ship Collision and Allision; and • International Convention on Salvage, 1989. 3.3 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Mar - itime Claims is not applicable in the PRC. The CMC, as a domestic legislation, applies in this regard, and its specific provisions are set out as follows. Article 207 states: “Except as provided otherwise in Article 208 and 209 of this Law, the person liable may limit his liability in

accordance with the provisions of this Chapter, what- ever the basis of liability may be, with respect to the following maritime claims: (1) Claims in respect of loss of life or personal injury or loss of or damage to property, including damage to harbour works, basins and waterways and aids to navi- gation occurring on board or in direct connection with the operation of the ship or with salvage operations, as well as consequential damages resulting therefrom; (2) Claims in respect of loss resulting from delay in delivery in the carriage of goods by sea or from delay in the arrival of passengers or their luggage; (3) Claims in respect of other loss resulting from infringement of rights other than contractual rights occurring in direct connection with the operation of the ship or salvage operations; (4) Claims of a person other than the person liable in respect of measures taken to avert or minimise loss for which the person liable may limit his liability in accord- ance with the provisions of this Chapter, and further loss caused by such measures. All the claims set out in the preceding paragraph, in whatever way they are lodged, may be entitled to limi- tation of liability. However, with respect to the remu - neration set out in sub-paragraph (4) for which the person liable pays as agreed upon in the contract, in relation to the obligation for payment, the person liable may not invoke the provisions on limitation of liability of this Article”. Article 208 states: “The provisions of this Chapter shall not be applicable to the following claims: (1) Claims for salvage payment or contribution in gen- eral average; (2) Claims for oil pollution damage under the Inter- national Convention on Civil Liability for Oil Pollution Damage to which the PRC is a party;

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