Circular 10/20: New revised People's Republic of China (PRC) law on the prevention and control of environmental pollution by solid wastes – Effective 1st September 2020
A new revision to the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (new Revision) becomes effective on 1st September 2020
These Guiding Opinions will be of assistance to all Members trading to or from China, or who are currently involved in litigation proceedings in China.
Further to their recent Circular Ref No: PNI  05 bringing to our attention China MSA’s version 2.0 of their “Guidance on the Prevention and Control of COVID-19 on board”, the Club’s Correspondents, Messrs Huatai Marine, have now issued a new Circular Ref No: PNI  06 providing Members with the latest update on crew changes in Chinese ports.
Collision between “CMA CGM FLORIDA” and “CHOU SHAN” - PRC Supreme Court rules that non-spilling ship is liable for pollution damage
On 19 March 2013, MV “CMA CGM Florida” (CCF) collided with MV “Chou Shan” (CS) in the estuary of the Yangtze River, resulting in a serious rupture to the hull of CCF followed by a substantial bunker oil spill into the sea.
China: MSA Guidance on “Implementation Scheme of 2020 Global Marine Fuel Oil Sulphur Cap” announced on 23 October 2019
Members are referred to Huatai Circular PNI1907 which sets out in some detail MSA China’s implementation scheme for compliance with IMO Sulphur 2020.
The following table lists countries which have imposed bans on vessels fitted with open-loop SOx scrubbers calling at their ports, and on the discharge of washwater from these scrubber systems within their port waters.
The UK Club has received the following update from Oasis P&I Services Company Ltd., regarding breach of low-sulphur fuel requirements in ECA in China.
Legal Update: China and Hong Kong: Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitration Proceedings
Hong Kong and China have agreed new measures to allow parties to an arbitration seated in one jurisdiction to attach assets in the other jurisdiction pending an award. This is an important extension to arbitration proceedings of measures previously restricted to litigants before Hong Kong and Chinese courts. It also reflects the increasing use of Hong Kong as a forum for arbitration.
The Club has recently been notified of an increase in Port State Control (PSC) detentions experienced by Singapore ships, due to sewage treatment plant defects.
INTERTANKO have recently received reports from Members in relation to uncharted terminals in China ports. Hydrographic inaccuracies and the non-marking of existing terminals on charts pose serious navigational risks and prevent ship Masters from carrying out proper passage planning and risk assessment.
Helen Huang – Senior Claims Executive from Thomas Miller’s Hong Kong office provides an introduction to China’s marine oil pollution laws with a discussion on the relevant International Conventions, China’s domestic laws and Ship Pollution Response Organisations (SPROs).
China – Introduction of Ship Routing System and Ship Reporting System in the Minjiang River Estuary of Fuzhou Port - from 1 June 2019
China MSA has issued a Notice on the implementation of a Ship Routing System and a Ship Reporting System in the Minjiang River Estuary of Fuzhou Port for the purpose of enhancing traffic efficiency and ensuring safety of navigation in the Fuzhou water area.
The UK Club have received the attached circular from local correspondents Huatai, regarding vessels making contact with fishing nets in Ningde waters in China.
Legal Update: China - Measures for Supervision and Management of Ship Ballast Water and Sediment - in force from 22 January, 2019
We would like to draw Members’ attention to the attached Circular PNI1902 - Measures for Supervision and Management of Ship Ballast Water and Sediment.
Legal Update: 2018 HKIAC Administered Arbitration Rules - in effect from 1st November 2018
The Hong Kong International Arbitration Centre (“HKIAC”) completed a comprehensive revision of its Rules at the end of last year. The 2018 HKIAC Rules, hereafter “the New Rules”, came into effect on 1st November 2018. They are accompanied by a Practice Note on the Appointment of Arbitrators (“Practice Note”) which came into effect on the same day.
The UK Club has received the attached circular from our local correspondents, Huatai Insurance Agency & Consultant Service Ltd, regarding the prohibition of discharging waste water generated by open-loop exhaust gas cleaning systems (Scrubbers) within Emission Control Areas in China.
China ECAs - Members are reminded that from 1 January, 2019, all seagoing ships sailing in Chinese territorial waters will need to use fuel with a sulphur content of no higher than 0.5% m/m
Vessels entering Suzhou and Nantong ECA Area in Yangtze River Delta ECA to use fuel with sulphur content not exceeding 0.5% m/m as from 1 October 2018