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

n of the ship, shall issue notices to the registration authorities of the country of registry of the ship to be auctioned, and to the known lienor, mortgagee and owner of the ship.

　　The contents of the notice contain the name of the ship to be auctioned, time and place for auction of the ship, causes and basis for auction of the ship, and registration of claims.

　　The notice shall be in writing or take other appropriate forms by which receipt can be confirmed.

　　Article 34 Auction of a ship shall be executed by a ship auction committee. The ship auction committee shall be composed of three or five persons, that is, execution officers appointed, as well as auctioneers and surveyors engaged by the maritime court.

　　The ship auction committee organizes appraisal and valuation of the ship; organizes and presides over the auction; signs a letter of confirmation for conclusion of the auction with the bidder; and handles procedures for the transfer of the ship.

　　The ship auction committee shall be responsible to the maritime court and subject to supervision of the maritime court.

　　Article 35 Bidders shall register with the ship auction committee within a prescribed time limit. For registration, they shall submit for inspection the identity certificates of themselves, enterprises' legal representatives, or persons-in-charge of other organizations, as well as powers of attorney of agents, and pay a certain amount of bonds for purchase of the ship.

　　Article 36 A ship auction committee shall display the ship to be auctioned before the auction of the ship, and shall provide facilities for inspecting the ship to be auctioned and relevant data.

　　Article 37 The vendee shall pay without delay not less than 20 percent of the ship's price after he signs a letter of confirmation, and the remainder of the ship's price shall be settled within seven days of the date of concluding the auction, however, except otherwise agreed upon between the ship auction committee and the vendee.

　　Article 38 Once the vendee has settled the price in full, the original shipowner shall delivery the ship to the vendee on the basis of the current condition of the ship, at the place of berth of the ship, within a fixed time limit. The ship auction committee shall organize and supervise the delivery of the ship, and sign a letter of confirmation of ship's delivery with the vendee after the delivery of the ship.

　　After the delivery of the ship is finished, the maritime court shall issue an order releasing the arrest of the ship.

　　Article 39 After the delivery of the ship, the maritime court shall issue a public notice through newspapers or other news media, announcing that the ship has been auctioned openly and delivered to the vendee.

　　Article 40 After accepting the ship, the vendee shall undergo formalities for registration of the ship's ownership at the ship registration authorities on the basis of the letter of confirmation for conclusion of auction and relevant data. The original shipowner shall undergo formalities for cancellation of registration of the ship's ownership at the original ship registration authorities. Failure to undergo formalities for cancellation of registration of the ship's ownership by the original shipowner shall not affect the transfer of the ship's ownership.

　　Article 41 Malicious collusion between bidders makes the auction invalid. Any bidder involved in malicious collusion shall pay expenses for auctioning the ship and compensate losses incurred. The maritime court may impose upon the bidder involved in malicious collusion a fine of not more than ten percent and not less than 30 percent of the highest price offered.

　　Article 42 In addition to the provisions in this Section, auction shall be governed by the relevant provisions of the Auction Law of the People's Republic of China.

　　Article 43 Auction of an arrested ship for debt payment during the procedure of execution may be referred to the relevant provisions of this Section.

　　Section 3 Arrest and Auction of the Goods on Board

　　Article 44 A maritime claimant may apply to arrest the goods on board for ensuring the fulfillment of his maritime claim.

　　The goods on board to be arrested on application shall be un

der ownership of the party who opposes the claim.

　　Article 45 The value of the goods on board to be arrested on application by a maritime claimant shall be equivalent to the amount of his claim.

　　Article 46 The period of arresting the goods on board for maritime claim preservation shall be 30 days.

　　If a maritime claimant brings a law suit or applies for arbitration within 15 days, and applies for arrest of the goods on board in the course of the litigation or arbitration, the arrest of the goods on board shall not be restrained by the period stipulated in the preceding paragraph.

　　Article 47 If, on the expiration of the period of arresting the goods on board, the party who opposes the claim fails to provide guarantee, and the goods are not suitable for being arrested longer, the maritime claimant may apply to the maritime court arresting the goods on board for auction of the goods after bringing a law suit or applying for arbitration.

　　For articles which cannot be stored, or are difficult to be stored, or the storage expense may exceed their value, the maritime claimant may apply for auction in advance.

　　Article 48 A maritime court shall conduct examination after receiving the application for auction of the goods on board, and make an order approving or disapproving the auction of the goods on board.

　　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 49 Auction of the goods on board shall be executed by an auction organization composed of execution officers appointed, and auctioneers engaged by the maritime court, or executed by an agency authorized by the maritime court.

　　Auction of the goods on board, if not covered by the provisions of this Section, shall be referred to the relevant provisions of Section 2 of this Chapter on auction of a ship.

　　Article 50 Application by a maritime claimant for maritime claim preservation imposed upon fuel and materials used by a ship related to the maritime claim shall be governed by the provisions of this Section.

　　Chapter IV Maritime Injunction

　　Article 51 A maritime injunction means any of compulsory measures by which a maritime court, on application by a maritime claimant, orders an act or omission by the party who opposes the claim, in order to protect the lawful rights and interests of the maritime claimant against any infringement.

　　Article 52 An interested party applying for a maritime injunction before bringing a law suit shall refer to the maritime court at the place where the maritime dispute occurred.

　　Article 53 A maritime injunction shall not be restrained by a jurisdiction agreement or an arbitration agreement relating to the maritime claim as agreed upon between the parties.

　　Article 54 A maritime claimant applying for a maritime injunction shall submit a written application to a maritime court. The application shall clearly set forth causes for application with relevant evidence attached thereto.

　　Article 55 A maritime court accepting an application for a maritime injunction may order the maritime claimant to provide guarantee. If the maritime claimant fails to provide guarantee, the application shall be rejected.

　　Article 56 To make a maritime injunction, the following conditions shall be fulfilled:

　　(1) The claimant has a specific maritime claim;

　　(2) There is a need to rectify an act committed by the party who opposes the claim, in violation of the provisions of the law or the stipulations of a contract; and

　　(3) In case of emergency, failure to make a maritime injunction immediately will cause dama

ge or expand damage.

　　Article 57 After accepting the application, a maritime court shall make an order within 48 hours. If an order is made for making a maritime injunction, it shall be executed immediately; if the conditions for a maritime injunction are not fulfilled, an order shall be made to reject the application.

　　Article 58 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 not be suspended during the time of reconsideration.

　　If an interested party lodges an objection to a maritime injunction, the maritime court shall order to cancel the maritime injunction if it deems the causes are tenable through investigation.

　　Article 59 If the party who opposes the claim refuses to obey a maritime injunction, the maritime court may impose a fine or detain him in accordance with the seriousness of the circumstances; if a crime has been constituted, criminal liability shall be investigated according to the law.

　　A fine on an individual shall not be less than 1,000 yuan and not more than 30,000 yuan . A fine on a unit shall not be less than 30,000 yuan and not more than 100,000 yuan.

　　The period of detention shall not be longer than 15

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