Purpose The purpose of this paper is to review the development of registered seafarers working onboard Hong Kong ships. Design/methodology/approach Data obtained from the Marine Department showing the number of registered seafarers from 1960 to 2015. Findings The registered seafarers can be observed in three different stages, namely, the peak stage from 1960 to 1982, the declining stage from 1983 to 1996 and the reforming stage from 1997 to 2015. Originality/value Very few papers can be found in Hong Kong to review the development of registered seafarers from 1960 to 2015.
Purpose The purpose of this paper is to examine the implementation of the verified gross mass (VGM) rules in Hong Kong. Design/methodology/approach The purpose of this paper is to compare the IMO Guidelines and the Guidelines produced by the Marine Department in Hong Kong. Findings The drafting of the Hong Kong Guidelines is not as clear and detailed as the International Maritime Organization (IMO) Guidelines. Practical implications Shipping companies should review their sea carriage contracts to see whether new clauses should be inserted to solve problems arising from the VGM requirement. Originality/value A research by direct analysis of the IMO and the Hong Kong Guidelines on the implementation of the VGM rules in the Safety of Life at Sea (SOLAS) is shown in this paper.
Purpose-It is commonly known that numerous incidents of container security failure are detected on a daily basis for which nobody is held legally liable. This state of affairs is essentially due to the shippers providing erroneous information, either inadvertently or by design. However, none of the stakeholders such as the carrier, the port operator, the inland transporter or the dry port operator are saddled with the legal responsibility of verifying the correctness of the information provided by the shippers or moving against them legally for misrepresentation of facts. Design/methodology/approach-This paper discusses the issue of container security from a legal perspective with a specific focus on the liability for security failure. While discussing the reasons for nondevelopment of a globally standardized legal regime for container security, this paper also endeavors to suggest possible solutions for the abysmal state of affairs. Findings-This state of affairs persists despite the shipper being saddled with the additional responsibility of providing documentary evidence of verified gross mass of the cargo stuffed in the container by International Maritime Organization. Originality/value-There is apparently no visible legal action that appears to have been taken against the culprit responsible for the security failure. Thus, the loopholes in the existing legal regime are exploited by all concerned for commercial reasons.
The carrier's liability during the sea leg of transportation is quite unambiguous. However, the shipper's concerns during the land leg remain yet to be adequately addressed. In India, the land leg of container transportation between gateway ports and dry ports is conducted by the road/rail transporters appointed by the carrier or the dry port operators. The inland transportation of containers, however, is governed by different legal instruments, the provisions of which are not congruent, especially with regard to the liabilities and responsibilities of the dry port operator against the carrier. Understanding such deficiency, this paper attempts to ascertain the implications of ratifying the Rotterdam Rules for India's existing maritime law regime, especially those applicable to dry ports. We examine the maritime law regimes of different countries which are already signatories to the Rotterdam Rules and apply a similar reasoning in the Indian context. We conclude that one of the effects of ratification by India would be the reduction of ambiguities concerning the liabilities of dry port operators, being now considered a maritime performing party. Consequently, dry port operators would now be held responsible for container security and thus would be perforce to exercise due diligence in discharging its duties as a custodian of the cargoes in its charge. In addition to the efficiency gains that such development would bring about, it would be beneficial for the evolution of an appropriate container security policy for the Indian dry ports sector.
Purpose -In 2011, the new Arbitration Ordinance took effect in Hong Kong. This paper aims to discuss the new features on maritime arbitration. Design/methodology/approach -The relevant provisions of the Arbitration Ordinance 2011 and the legal cases are examined.Findings -Hong Kong is a first class maritime arbitration centre in the Asia Pacific Region. Originality/value -This paper is one of the very few general reviews of the maritime arbitration under the Arbitration Ordinance 2011.
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