New rules in China
New rules in China
NEW rules for hearing maritime cases in Chinese courts has been approved. The new Law of Special Procedures for Admiralty Proceedings entered a final round of consultation in December, prior to approval by the People's Congress and passage into law.
"These new rules will have a tremendous impact on the handling of maritime cases in China," says Ruizong Wang, assistant director at The Swedish Club, Hong Kong. "The streamlined procedures will avoid many of the problems experienced in the past, especially in areas such as ship arrest, limitation and jurisdictional disputes between courts".
Powers of arrest are expected to be defined with greater precision. The rules should also end jurisdictional uncertainty as the boundaries between courts are clarified and there are provisions to facilitate the submission of documents and evidence. The new law is due to come into force on 1 July, 2000.
Oil pollution under fire in Thailand
THE Harbour Department of Thailand has recently issued a notice in connection with the country's ratification of the International Convention on Civil Liability for Oil Pollution Damage (CLC), expected sometime this year. The notice stipulates that, before obtaining permission to load or unload, tankers have to provide the harbour department with an insurance policy or certificate of financial guarantee against any damage which might be caused by an oil spill. Failure to do so may result in lengthy delays. (Maritime Services, Bangkok)
Illegal entry warnings
CHANGES have been made to the Immigration Control and Refugee Recognition Act in Japan, which may affect shipowners and their crews. The changes mean that staying illegally in Japan will constitute a 'crime'. Any foreigner who illegally enters or lands in Japan, and remains there, will be subject to criminal prosecution and imprisonment. In addition, if a foreigner is deported from Japan for illegal residency/landing, he/she will not be permitted to return within five years. The time limit was previously one year.
The period of re-entry for legal residents has been extended. A foreigner who has been legally resident in Japan can now re-enter the country for up to three years afterwards. The time within to apply for re-entry prior to the amendments was one year. Even where re-entry is permitted, the foreigner should not exceed the authorised period of stay. (West of England)
Entry visa changes
IMMIGRATION regulations in Thailand now require family members accompanying Indian, Pakistani, Bangladeshi and Sri Lankan seaman to have a valid entry visa for Thailand. Failure to observe this regulation may resulting a fine of up to $530 per person. (The London Club)
Faking it in Canada
THE Shipping Federation of Canada has issued a warning after a series of incidents involving individuals attempting to enter Canada illegally under the pretences of crew changes. Arrests have recently been made at several airports when immigration officials discovered that documents relating to crew changes, which included correspondence on the letterhead of a bona fide Canadian agent, were fake.