中华人民共和国海事诉讼特别程序法 Special Maritime Procedure Law of the Peoples Republic of China

h the order, he may, within five days from the date of the receipt of the order, apply for reconsideration which could be granted only once. The maritime court shall make a reconsideration decision within five days from the date of the receipt of the reconsideration application. Execution of the order shall not be suspended during the time of reconsideration.

　　Where the interested party raises objection to the maritime preservation, the maritime court, upon examination and deeming it reasonable, shall cancel the property preservation.

　　Article 18 If the person against whom the application for maritime preservation is made provides guaranty, or the party has justified reasons for applying cancellation of maritime reservation, the people's court shall cancel the property reservation promptly.

　　If the maritime claimant fails to bring an action or apply for arbitration according to the arbitration agreement within the time limit specified by this Law, the people's court shall cancel the property reservation or return the guaranty promptly.

　　Article 19 Where the relevant maritime dispute enters into litigation or arbitration procedure after execution of the maritime preservation, the party may bring an action relating to the maritime claim to the maritime court which has taken maritime claim preservation or other maritime courts having jurisdiction over it, with the exception of signing of a litigation jurisdiction agreement or an arbitration agreement between the parties.

　　Article 20 If an application for maritime preservation is wrongfully made by a maritime claimant, the claimant shall compensate the person against whom the application is made for any loss incurred from maritime preservation.

　　Section 2 Arresting or Auction Sale of Ships

　　Article 21 The following maritime claims may applied for arresting ships:

　　(1) the destruction of or damage to the property occurred in the operation of the ship;

　　(2) the loss of life or personal injury directly relating to the operation of the ship;

　　(3) salvage payment;

　　(4) the damage or threat of damage caused by the ship

to the environment, seashore or the relevant interested parties; the measures taken for prevention, reduction and elimination of such damage; payment for compensation of such damage; the reasonable cost for the measures taken actually or preparing to take for restoring the environment; loses the third party suffered or will probably suffer due to such damage; and the damage, fees or loses which are similar in nature specified in this Item;

　　(5) fees relating to floating, elimination, recycling and destruction of sunken ships, shipwreck, stranded objects, abandoned ships or making them harmless, including fees relating to floating, elimination, recycling and destruction of the objects which still are or were abroad such ships or making them harmless, and fees relating to maintenance of abandoned ships and suppurating the crew members;

　　(6) the agreement or use or charter parties of the ship;

　　(7) an agreement for carriage of goods or passengers;

　　(8) goods (including luggage) on board or loss or damage related thereto;

　　(9) general average;

　　(10) towage service;

　　(11) pilotage service;

　　(12) provision of materials or services for operation, management, maintenance and repair of ships;

　　(13) ship building, rebuilding, repair, refitting or fitting;

　　(14) prescribed fees or fees for ports, canals, wharves, harbors or other waterways;

　　(15) wages of ship's crew or other payments, including the repatriation fee and social insurance premium payable for ship's crew;

　　(16) expenses paid for a ship or shipowner;

　　(17) ship's insurance premium (including mutual insurance membership fee) paid by a shipowner or bareboat charterer, or paid on his behalf;

　　(18) the commission, brokerage or agency fee related to a ship paid by the shipowner or bareboat charterer, or paid on his behalf;

　　(19) a dispute over ownership or possession of a ship;

　　(20) a dispute over use of or profit from a ship between co-owners of the ship;

　　(21) a mortgage of a ship or right of the same nature; or

　　(22) a dispute arising from a contract for sale of a ship.

　　Article 22 No application for arrest of a ship may be filed except for the maritime claims as stipulated in Article 21 of this Law; there are exceptions, however, for executing judgments, arbitral awards or other legal documents.

　　Article 23 If any of the following circumstances exists, a maritime court may arrest the involved ship:

　　(1) where the shipowner is held responsible for a maritime claim and is the owner of the ship when the arrest is executed;

　　(2) where the bareboat charterer of the ship is held responsible for a maritime claim and is the bareboat charterer or the owner of the ship when the arrest is executed;

　　(3) where a maritime claim is entitled to a mortgage of the ship or right of the same nature;

　　(4) where a maritime claim relates to ownership or possession of the ship; or

　　(5) where a maritime claim is entitled to a maritime lien.

　　A maritime court may arrest other ships owned by the shipowner, bareboat charterer, time charterer or voyage charterer who is held responsible for a maritime claim, when the arrest is executed, with the exception of the claims related to ownership or possession of the ship.

　　No ship engaging in military or government duties may be arrested.

　　Article 24 A maritime claimant may not apply to arrest a ship having been arrested for the same maritime claim, except that any of the following circumstances exists:

　　(1) where the party who opposes the claim has not provided a sure guarantee;

　　(2) where the guarantor probably cannot perform his obligation of guarantee wholly or partly; or

　　(3) where the maritime claimant agrees to release the arrested ship or return the existing guarantee for just

ifiable reason; or cannot stop the release of the arrested ship or return of the existing guarantee by justifiable means.

　　Article 25 For a maritime claimant applying to arrest the involved ship, if the name of the party who opposes the claim cannot be ascertained at once, the filing of his application shall not be affected.

　　Article 26 A maritime court may issue the relevant departments with a notice for assistance in execution at the same time it issues or cancels an order for arrest of a ship, and the notice shall clearly set forth the scope and content of the assistance in execution and the relevant departments have the obligation to assist in execution. A maritime may directly dispatch personnel to board the ship for supervision if it deems necessary.

　　Article 27 After a maritime court orders to impose preservation upon a ship, with consent of the maritime claimant, it may allow the ship to continue the operation by ways of restraining the disposition or mortgage of the ship.

　　Article 28 The period of arresting a ship for maritime claim preservation shall be 30 days.

　　If a maritime claimant brings a law suit or applies for arbitration within 30 days, and applies for arrest of a ship in the course of the litigation or arbitration, the arrest of the ship shall not be restrained by the period stipulated in the preceding paragraph.

　　Article 29 If, on the expiration of the period of arresting a ship, the party who opposes the claim fails to provide guarantee, and the ship is not suitable for being arrested longer, the maritime claimant may apply to the maritime court arresting the ship for auction of the ship after bringing a law suit or applying for arbitration.

　　Article 30 A maritime court shall conduct examination after receiving the application for auction of a ship, and make an order approving or disapproving the auction of the ship.

　　If a party is not satisfied with the order, he may apply for reconsideration once within five days of the date of receiving the written order. The maritime court shall make a reconsideration decision within five days of receiving the reconsideration application. Execution of the order shall be suspended during the time of reconsideration.

　　Article 31 Where a maritime claimant, after filing an application for auction of a ship, applies for stopping the auction, whether or not to give a permission shall be ordered by the maritime court. If the maritime court orders to stop the auction of the ship, expenses incurred for auctioning the ship shall be paid by the maritime claimant.

　　Article 32 A maritime court that orders to auction a ship shall issue a public notice through newspapers or other new media. If a foreign ship is to be auctioned, a public notice shall be issued through newspapers or other news media distributed abroad.

　　A public notice shall contain the following particulars:

　　(1) name and nationality of the ship to be auctioned;

　　(2) causes and basis for auction of the ship;

　　(3) composition of the ship auction committee;

　　(4) time and place for auction of the ship;

　　(5) time and place for display of the ship to be auctioned;

　　(6) procedure to be undergone for participating in the bidding;

　　(7) registered items to be handled for claims; and

　　(8) other particulars as required to be publicized.

　　The period of a public notice for auction of a ship shall not less than 30 days.

　　Article 33 A maritime court, 30 days prior to auctio

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