On 5 June 2019, Haikou Maritime Court convened a press conference to release the Maritime Trial White Paper 2016-2018 (both Chinese and English), which introduced the full details of maritime trials handled by the court during 2016-2018. The occasion also anticipated the World Oceans Day coming on June 8.

The White Paper comprised of three parts, which presented the overall performance of Haikou Maritime Court in handling maritime trials during 2016-2018. It first analyzed the overall situation, characteristics and the special endeavors of the Court on maritime trial in the past three years, and gave close study and suggestions on four typical and new case types to discuss the various issues during the trial. The Court also released typical cases for public reference.

Overall performance of trial

According to the White Paper, Haikou Maritime Court accepted 3780 cases over the past three years, with 8.472 billion yuan involved in the new cases. The court concluded 3675 cases during the period, with a closing rate at 97.22%. The trial of cases took on the following characteristics:

First, significant rise in maritime administrative cases: the number of cases accepted in 2018 was 108, while there were only 15 in 2016;

Second, rapid decline in disputes over crew service contract, with year-on-year increase in the mediation and withdrawal rate: the number of cases accepted in 2016 was 174, which declined to only 22 in 2018, and the mediation and withdrawal rate increased to 77.27% in 2018 from 37.36% in 2016;

Third, great variation in the acceptance number and percentage for the different types of enforcement cases, with better case handling performance and marked achievements in the campaign of resolving the problem of difficult enforcement;

Fourth, considerable drop in special procedure cases: in 2016, cases subject to special procedures were 134, but dropped to 3 in 2018.

The White Paper also briefed the special endeavors of the Court during its performance of maritime trial:

First, deepening the judicial reform. To improve the efficiency of trial, the Court had introduced several institutional frameworks such as provisional measures on the handling of cases and performance rating measures on trial quality, reaffirmed the supervision and management duties of the president of the court and division heads, regulated case hearing procedures, and improved the supervision and punishment system of the court.

Second, actively serving the development of the State by exercising the distinct functions of maritime trial. The Court formulated the opinions on safeguarding the construction of Hainan pilot free trade zone and free trade port of Chinese characteristics. It also produced a research report titled “Exercise of Jurisdiction over the Sea Areas under the Jurisdiction of China according to Law”, and heard several cases occurring in the waters of Sansha City.

Third, fostering the construction of offshore circuit courts and trial bases on islands. The Court had promulgated the Work Regulations for Offshore Circuit Courts and Trial Bases on Islands. A campaign of offshore circuit trial and publicity of law was carried out to cover the entire area of the South China Sea in a journey of more than 2000 nautical miles. The first island trial base was established on Jinqing Dao of Xisha Qundao, and the first offshore circuit court was erected onboard the law enforcement vessel “Zhong Guo Hai Jian 2166”.

Fourth, improving facilities to provide the people with access to justice. The Court had launched a litigation service platform and implemented various measures such as filing cases online and providing online filing consultation to provide easy access to litigants. A 24-hour fast response system was in place to facilitate urgent preservation.

Fifth, making structural innovations. A reform and innovation research team made up of young judges was established. The standard that only required general identity certificates of oversea litigants and power of attorney was implemented.

Sixth, intensifying external interaction and collaboration. The Court participated in the establishment of an interaction and collaboration platform with administrative organs such as Hainan Maritime Safety Administration and academic institutions like East China University of Political Science and Law for cooperation in research, education & training, and information sharing.

Issues involved in typical cases

The second part of the White Paper discussed more than 20 issues arising from the four typical case types, including disputes over sea-related engineering projects, administrative disputes over the use of sea areas, disputes over crew service contract, and cruise- and yacht-related disputes. The court also gave suggestions to address these issues, which included: preferred repayment of project funds in reclamation projects, impact of the absence of certificate of the right to use sea area on the validity of reclamation project contract, ascertainment of “lawful rights and interests” in administrative compensation cases, externalization and justiciability of an administrative action, ascertainment of the relationship between crew and employer, and charges for berthing at port.

Typical cases

The third part of the White Paper selected seven typical cases for publication, which involved maritime legal issues such as ship insurance, crew labor service, maritime administrative compensation, application for recognition and enforcement of foreign arbitration awards, administrative penalty and administrative reconsideration, and salvage at sea. The adjudication opinions of the court on these cases were conducive to the establishment of a uniform judgment standard, helping to regulate the behaviors of marker players, and improve maritime law publicity and boost the healthy development of the ocean economy.