CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
Compensation arising from Ship Collision and Allision; and • International Convention on Salvage, 1989. 2.3 1976 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime 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, whatever 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, includ - ing damage to harbour works, basins and water - ways and aids to navigation occurring on board or in direct connection with the operation of the ship or with salvage operations, as well as con - sequential 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 accordance with the provi -
sions 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 limitation of liability. However, with respect to the remuneration 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 general average; (2) Claims for oil pollution damage under the International Convention on Civil Liability for Oil Pollution Damage to which the PRC is a party; (3) Claims for nuclear damage under the Inter - national Convention on Limitation of Liability for Nuclear Damage to which the PRC is a party; (4) Claims against the ship-owners of a nuclear ship for nuclear damage; (5) Claims by the servants of the ship-owners or salvor, if under the law governing the contract of employment, the ship-owner or salvor is not entitled to limit his liability or if he is by such law only permitted to limit his liability to an amount greater than that provided for in this Chapter”. Articles 210 and 211 regulate the calculation of limitations of liability, which is generally identi - cal to the limitation level regulated by the 1976
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