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Qingdao ship dispute resolved in orderly fashion: Court

By XIE CHUANJIAO in Qingdao, Shandong and ZHANG XIAOMIN | (chinadaily.com.cn) | 2023-05-15

After a foreign ship accidentally entered a maritime culture zone in Yantai, Shandong province, last month, the local court promptly fulfilled its legal duties and protected the rights of both parties involved.

"The vessel carrying liquefied petroleum gas was unloading at Longkou Port. Eight aquaculture farmers claimed it entered their scallop breeding area near Changdao Island and damaged 265 rows and 6,870 meters of breeding rafts," said Fan Junkai, a judge's assistant with the Yantai Tribunal of Qingdao Maritime Court.

"They applied to arrest the vessel and requested the ship's owner provide nearly 7 million yuan ($1 million) in cash guaranty."

Upon receiving the application from the farmers, the Yantai tribunal promptly examined the facts and communicated with government departments. The next morning, Fan and other two officers went to the berthing place of the vessel and delivered the arrest document.

At first, the captain refused to cooperate. The second officer insisted after comparing the coordinates of the breeding area and the ship's navigation trajectory, the vessel had not entered it.

"We patiently explained the sea chart they use might be different from the latest version, or the ship, despite not entering the area, might have caused damage by passing too close," Fan said.

They also explained the provisions of the Law of the People's Republic of China on Special Procedures for Maritime Proceedings and judicial procedures, informing them pre-litigation arrest of the ship was not a qualitative judgment of its behavior, but a means to avoid leaving the damaged party unprotected. The applicant had also provided a guaranty of the same amount to prevent the risk of overpriced or erroneous ship detention.

"After nearly half an hour of communication, the captain expressed understanding. After signing the arrest document, he inquired about the resolution of the dispute and immediately contacted the ship's owner," Fan said.

Two days later, the ship owner provided sufficient guaranty to the Qingdao Maritime Court, and the arrested vessel left the port.

"From the receipt of the application for ship arrest to the release of the vessel, our colleagues took less than 72 hours. Their professionalism and attitude gained the respect of both sides," said Xue Mingyou, Chief Judge of the Yantai Tribunal.

According to Xue, the two sides can resolve their dispute through negotiation since both of them have provided guaranty, or the applicant can file a lawsuit within 30 days.

"We will strictly implement the principle of equal protection for both parties and provide high-quality and efficient maritime judicial services for a higher level of opening-up," Xue said.