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

days.

　　Article 60 A maritime claimant wrongfully submitting an application for a maritime injunction shall compensate losses incurred by the party who opposes the claim or an interested party.

　　Article 61 If no litigation or arbitration procedures start for relevant maritime disputes after the execution of the maritime injunction, the parties may bring a law suit for this maritime claim to the maritime court making the maritime injunction or the other maritime court having jurisdiction, except that a jurisdiction agreement or an arbitration agreement has been concluded between the parties.

　　Chapter V Maritime Evidence Preservation

　　Article 62 Maritime evidence preservation means any of compulsory measures by which a maritime court obtains, retains or seals up evidence related to the maritime claim on application by the maritime claimant.

　　Article 63 An interested party applying for maritime evidence preservation before bringing a law suit shall refer to the maritime court at the place where the evidence to be preserved is located.

　　Article 64 Maritime evidence preservation shall not be restrained by a jurisdiction agreement or an arbitration agreement relating to the maritime claim as agreed upon between the parties.

　　Article 65 A maritime claimant applying for maritime evidence preservation shall submit a written application to a maritime court. The application shall clearly set forth the evidence to be preserved on application, the relation between the evidence and the maritime claim and causes for application.

　　Article 66 A maritime court accepting an application for maritime evidence preservation may order the maritime claimant to provide guarantee. If the maritime claimant fails to provide guarantee, the application shall be rejected.

　　Article 67 To impose maritime evidence preservation, the following conditions shall be fulfilled:

　　(1) The claimant is the party to the maritime claim;

　　(2) The evidence to be preserved on application provides proof for the maritime claim;

　　(3) The party who opposes the claim is the person related to the evidence to be preserved on application; and

　　(4) In case of emergency, failure to impose evidence preservation immediately will result in loss or difficulty in obtaining the evidence for the maritime claim.

　　Article 68 After accepting the application, a maritime court shall make an order within 48 hours. If an order is made for imposing maritime evide

nce preservation measures, it shall be executed immediately; if the conditions for maritime evidence preservation are not fulfilled, an order shall be made to reject the application.

　　Article 69 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 the causes for applying for reconsideration by the party who opposes the claim are tenable, the evidence preserved shall be returned to the party who opposes the claim.

　　If an interested party lodges an objection to maritime evidence preservation, the maritime court shall order to cancel maritime evidence preservation if it deems the causes are tenable through investigation; if preservation has been imposed, evidence related to the interested party shall be returned to the interested party.

　　Article 70 A maritime court imposing maritime evidence preservation may seal up the evidence, may obtain reproductions or duplicates, or take photos, conduct tape-recording, make extracts or records of investigation. If really necessary, the original of the evidence shall be obtained.

　　Article 71 A maritime claimant wrongfully submitting an application for maritime evidence preservation shall compensate losses incurred by the party who opposes the claim or an interested party.

　　Article 72 If no litigation or arbitration procedures start for relevant maritime disputes after the imposition of maritime evidence preservation, the parties may bring a law suit for the maritime claim to the maritime court imposing maritime evidence preservation or the other maritime court having jurisdiction, except that a jurisdiction agreement or an arbitration agreement has been concluded between the parties

　　Chapter VI Maritime Guarantee

　　Article 73 Maritime guarantee includes guarantee involved in procedures provided in this Law such as maritime claim preservation, maritime injunction, maritime evidence preservation.

　　The guarantee shall be in form of providing cash or surety, establishing mortgage or pledge.

　　Article 74 A guaranty provided by a maritime claimant shall be delivered to the maritime court; a guaranty provided by the person against whom the application for maritime preservation is made may be delivered to the maritime court, or delivered to the maritime claimant.

　　Article 75 The modes and quantity of a guaranty provided by a maritime claimant shall be determined by the maritime court. The modes and quantity of a guaranty provided by the person against whom the application for maritime preservation is made shall be determined through consultation between the maritime claimant and the person against whom the application for maritime preservation is made; if failing such consultation, they shall be determined by a maritime court.

　　Article 76 Where a maritime claimant requests a person against whom the application for maritime preservation is made to provide guaranty on a maritime claim, the quantity of the guaranty shall equal to the quantity of his creditor's rights, but shall not exceed the value of the preserved property.

　　The quantity of a guaranty provided by a maritime claimant shall equal to the losses possibly caused to a person against whom the application for maritime preservation is made due to his claim. The specific quantity thereof shall be determined by the maritime court.

　　Article 77 After a guaranty is provided, the person providing the guaranty may, for any justified reasons, file an application to the maritime court to reduce, modify or cancel the guaranty.

　　Article 78 Where losses are caused to a person against whom the application for maritime preservation is made due to

excessive quantity of the guaranty claimed by a maritime claimant, the maritime claimant shall bear the liability for compensation.

　　Article 79 The guaranty involved in constituting a limitation fund for maritime claims liability and in advance execution as well as other procedures may be handled by reference to the provisions of this Chapter.

　　Chapter VII Service

　　Article 80 In serving a maritime litigation document, the relevant provisions of the Civil Procedure Law of the People's Republic of China are applicable, and the following methods may also be adopted:

　　(1) to serve on an agent ad litem commissioned by the person on whom the litigation document is to be served.

　　(2) to serve on a representative office or branch office established in the People's Republic of China by the person on whom the service is to be made or on his business agent;

　　(3) to serve by employing other appropriate methods by which the receipt can be confirmed.

　　A legal paper relating to the arrest of a ship may also be served on the captain of the ship involved.

　　Article 81 If the person who has the obligation of receiving a legal paper refuses to sign and receive the legal paper, the person serving the paper shall record on the receipt the situations. After the person serving the paper and the witness have affixed their signatures or seals to the receipt, the legal paper shall be left at his domicile and the service shall be deemed completed.

　　Chapter VIII Trial Procedures

　　Section 1 Provisions on Trying Cases Involving Collision of Ships

　　Article 82 When a plaintiff brings an action and a defendant files a defence, the Investigation Form of Maritime Accident shall be truthfully completed.

　　Article 83 When serving a statement of complaint or a defence on any party, the maritime court shall not attach thereto any relevant evidential materials.

　　Article 84 The parties shall finish the provision of evidence before a court session. After having finished the provision of evidence and issued a note stating the provision of evidence to the maritime court, the parties may apply to consult evidential materials relating to the collision of ships.

　　Article 85 The parties shall not repudiate their statements in the Investigation Form of Maritime Accident and the evidence they have provided, except that they have new evidence and full reasons which explain that such evidence cannot be provided during the period of providing evidence.

　　Article 86 The inspection and evaluation of a ship shall be conducted by an institution or individual with authority granted by the State or with professional qualifications. An inspection or evaluation conclusion drawn by an institution or individual without authority granted by the State or without professional qualifications shall not be accepted by the maritime court.

　　Article 87 A maritime court trying a case involving collision of ships shall conclude the case within one year after placing the case on the docket. Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.

　　Section 2 Provisions on Trying Cases In

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