Before the Labor Day holiday, an oil company from Hainan initiated an urgent application to Haikou Maritime Court, complaining that its oil depot dock was collided by a tanker “Zhong x 6” owned by a shipping company based in Maoming, Guangdong and caused an estimated loss up to 35 million yuan. The oil company hence requested the court to arrest the ship and preserve evidence.
After checking the materials, the court accepted the case just before the shutdown of its old trial system and activated an emergency preservation plan to arrest the ship within 24 hours. Knowing that the oil-laden vessel got damaged in the collision and posted great safety risks, the responsible judges resolved to forgo their holidays and came to contact the parties concerned to work out a solution. The parties finally reached a settlement and the respondent agreed to pledge 68 parking spaces as substitute guarantee. After sealing up the guarantee, the court released the vessel on the very first working day after the holiday. The court’s vigorous action was highly praised by the parties.
Against the backdrop of increasing emergency maritime preservation cases accepted in recent years, the court has introduced a series of effective measures that offer replicable models to facilitate efficient handling of similar cases, safeguard the legitimate rights and interest of the parties, and improve the law-based business environment continuously.
First, improve efficiency by implementing multiple mechanisms to enable easier access to justice
The court implements an all-weather acceptance system to respond to ship preservation applications that runs for 24 hours a day and 365 days throughout the year. A hot line is serving for 24 hours. And a green pass is in place to ensure that preservation requests are heard during holidays and off hours and preservation measures are taken promptly.
Second, enhance a sense of responsibility to handle cases without delay
Off hours and fragmented time are employed efficiently to quicken the arrest of ship. A task that can be finished today will never hold off until tomorrow, and an urgent case will never span a holiday.
Third, take measures as applicable to bring out practical effects
Judges will give explanation and instruction to the parties as required by law according to different situations and issues, and hence address the concerns of the parties successfully. For instance, in the case mentioned above, the party did not give precise information and made unreasonable preservation request, but the handling judges patiently explained the unfavorable consequences that might arise from the inappropriate application and guided the party to improve its preservation application.
Fourth, keep good awareness in serving the state’s overall plan and in prevention and control of risk
The court has handled cases with orientation towards the construction of Hainan Free Trade Port and the national pilot zone for ecological conservation, keeping in mind a sense of serving the overall plan of the state and fending off risks. In the case discussed above, to eliminate the risks as early as possible, the judges had worked hard to come up with a solution and pushed on actively. With the proactive efforts of the judges, the case finally delivered good social and judicial outcomes.