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

ed in a form of guaranty, the quantity of the guaranty shall be the quantity of the fund together with the interests therefrom during the existence of the fund.

　　Where the fund is constituted in a form of cash, the date on which the fund reaches the account designated by the maritime court shall be the date of the constitution of the fund. Where the fund is constituted in a form of guaranty, the date on which the guaranty is accepted by the maritime court shall be the date of the constitution of the fund.

　　Article 109 After the constitution of a limitation fund for maritime claims, for any maritime disputes, the parties shall bring an action in the maritime court constituting a limitation fund for maritime claims, except that the parties reach an agreement on litigation jurisdiction or arbitration.

　　Article 110 Where the application for constituting a limitation fund for maritime claims is wrong, the applicant shall indemnify the losses therefrom suffered by the interested parties.

　　Chapter X Procedures for Registering Creditors' Rights and Repayment of Debt

　　Article 111 After the publishing of a public announcement of the maritime court concerning the order relating to the compulsory auction of a ship, the creditors shall apply to register the creditors' rights relating to the ship that is to be auctioned within the period of the public announcement. Where no registration is conducted by the expiration of the period of the public announcement, the right to the repayment of debt from the proceeds of the auction of the ship shall be deemed as having been waived.

　　Article 112 After the publishing of a public announcement concerning the entertaining of an application by the maritime court for constituting a limitation fund for maritime claims, the creditors shall, within the period of the public announcement, apply to register the creditors' rights relating to the maritime accident occurred in specific circumstances. Where no registration is conducted by the expiration of the period of the public announcement, the creditors' right shall be deemed as having been waived.

　　Article 113 When applying to register the creditors' rights with a maritime court, the creditors shall submit written applications, and shall provide evidence of creditors' rights.

　　Evidence of creditors' rights include written judgment, order in writing, conciliation statement, arbitration award and document evidencing creditors' rights, as well as other evidential materials certifying the existence of maritime claims.

　　Article 114 The maritime court shall examine the application of a creditor; where evidence of creditors' rights is provided, it shall order to approve the registration; where no evidence of creditors' rights is provided, it shall order to reject the application.

　　Article 115 With respect to the written judgment, order in writing, conciliation statement, arbitration award and document evidencing creditors' rights provided by the creditors to certify the creditors' rights, the maritime court shall, if ascertaining that the above-mentioned documents are true and lawful upon examination, make an order to have them affirmed.

　　Article 116 Where any other evidence for maritime claims is provided, the creditors shall, after registering the creditors' rights, bring an action for affirming rights in the maritime court entertaining the registration of creditors' rights. Where the parities conclude an arbitration agreement, that shall promptly apply for arbitration.

　　The judgment and order made by the maritime court on an action for affirming rights shall be legally effective, the parties shall not file an appeal.

　　Article 117 After trying and affirming the rights, the maritime court shall issue a notice of the creditors' meeting to the creditors, and organize to convene the creditors' meeting.

　　Article 118 The creditors' meeting may propose through consultation the proceeds of the ship or a plan for the distribution of the limitation fund for maritime claims, and conclude an agreement on the repayment of debt.

　　The agreement on the repayment of debt shall be legally effective upon the approval by an order of the maritime court.

　　Where the creditors' meeting fails to conclude an agreement, the maritime court shall, in accordance with the order of the repayment of debt as stipulated in the Maritime Code of the People's Republic of China and other relevant laws, make a written order to determine the proceeds of the ship or the plan for the distribution of the limitation fund for maritime claims.

　　Article 119 The proceeds of the auction of a ship and the interests therefrom, or the limitation fund for maritime claims and the interests therefrom, shall be distributed simultaneously.

　　When distributing the proceeds of a ship, the litigation costs ought to be borne by the persons liable, the expenses for preserving and auctioning the ship and distributing the proceeds of ship, and other expenses incurred for the common interests of the creditors, shall be deducted and paid first from the proceeds of the ship.

　　The remnant after repaying the debt shall be returned to the original shipowner or the person constituting the limitation fund for maritime claims.

　　Chapter XI Procedures for Publicizing Notice for Assertion of Maritime Liens

　　Article 120 When a ship is transferred, the transferee may apply to the maritime court for publicizing notice for assertion of maritime liens, so as to urge the persons enjoying maritime liens to promptly claim their rights and to extinguish the maritime liens attached to the ship.

　　Article 121 Where applying for publicizing notice for assertion of maritime liens, the transferee shall submit its application to the maritime court of the place where the transferred ship is delivered or the place where the transferee has its domicile.

　　Article 122 When applying for publicizing notice for assertion of maritime liens, an application, the ship transfer contract, the technical information of the ship and other documents shall be submitted to the maritime court. The application shall specify the name of the ship, the facts of and reasons for applying for publicizing notice for assertion of maritime liens.

　　Article 123 After receiving the application and relevant documents, the maritime court shall examine them and make an order approving or disapproving the application within seven days.

　　Where the transferee is not satisfied with the order, it may apply for reconsideration which could be granted only once.

　　Article 124 After the order approving the application takes effect, the maritime court shall publish a public announcement in ne

wspapers or through other news media, so as to urge the persons enjoying maritime liens to promptly claim their rights within the period of publication of the notice.

　　The period of publication of a notice for maritime liens shall be sixty days.

　　Article 125 Where a person enjoying maritime liens claims his rights within the period of publication of a notice for maritime liens, he shall undergo registration procedures with the maritime court; where no rights are claimed, the maritime liens shall be deemed as having been waived.

　　Article 126 Where no one claims the maritime liens by the expiration of the period of publication of a notice for maritime liens, the maritime court shall, in accordance with the application of the parties, make a judgment to declare that no maritime liens are attached to the transferred ship. The contents of the judgment shall be publicly announced.

　　Chapter XII Supplementary Provisions

　　Article 127 This Law takes effect as of July 1, 2000

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