Chapter IV Maritime Injunction

Article 51 A maritime injunction means the compulsory measures adopted on the application of a maritime claimant by the maritime court to compel the person against whom a claim is made to do or not to do certain things, so as to prevent the lawful rights and interest of the claimant from being infringed upon.

Article 52 A party who wishes to apply for a maritime injunction before bringing an action shall file an application with the maritime court of the place where the maritime dispute arose.

Article 53 A maritime injunction shall not be bound by the jurisdiction agreement or arbitration agreement reached between the parties in respect of the maritime claim.

Article 54 A maritime claimant who wishes to apply for a maritime injunction shall file an application in writing with the maritime court. In the application shall be stated the reasons therefor, with relevant evidence attached.

Article 55 The maritime court, having entertained an application for a maritime injunction, may enjoin the maritime claimant to provide security. Where the maritime claimant fails to do so, It shall reject the application.

Article 56 The following conditions shall be met before a maritime injunction is granted:

(1) the claimant has a specific maritime claim;

(2) a breach of legal provisions or contractual provisions by the person against whom a claim is made needs to be redressed; and

(3) in a situation of emergency, losses will be caused or will become worse if a maritime injunction is not granted forthwith.

Article 57 The maritime court, having accepted an application, shall make an order within 48 hours. Where the order grants a maritime injunction, it shall be executed forthwith; where the conditions for a maritime injunction are not met, it shall make an order to reject the application.

Article 58 A party who is dissatisfied with an order may, within five days after receipt thereof, apply for review not more than once. The maritime court shall, within five days after receipt of the application therefor, give the result of the review. Execution of the order shall not be suspended during the period of review.

Where a maritime injunction is objected by an interested person, the maritime court, having examined the objection and considering the reasons therefor justified, shall cancel the maritime injunction.

Article 59 Where a person against whom a claim is made refuses to comply with the maritime injunction, the maritime court may, according to the seriousness of the case, impose a fine or put him under detention; if his act constitutes a crime, criminal liability shall be investigated in accordance with law.

A fine imposed upon an individual shall be not less than RMB 1,000 yuan but not more than RMB 30,000 yuan. A fine imposed upon a unit shall be not less than RMB 30,000 yuan but not more than RMB 100,000 yuan.

The detention period shall be not more than 15 days.

Article 60 A maritime claimant who has wrongly applied for a maritime injunction shall indemnify the person against whom the claim is made or the interested person for the losses thus incurred.

Article 61 Where legal proceedings or arbitral proceedings are not commenced in respect of a maritime dispute after execution of the maritime injunction, any party may bring an action in respect of the maritime claim in the maritime court granting the maritime injunction or in another maritime court having jurisdiction, unless a jurisdiction agreement or arbitration agreement has been concluded between the parties.

Chapter V Preservation of Maritime Evidence

Article 62 Preservation of maritime evidence means the compulsory measures adopted, on the application of a maritime claimant, by the maritime court to take, preserve or seal up the evidence related to a maritime claim.

Article 63 A party who wishes to apply for preservation of maritime evidence before instituting an action shall file an application with the maritime court of the place where the evidence is to be preserved.

Article 64 Preservation of maritime evidence shall not be bound by the jurisdiction agreement or arbitration agreement reached between the parties in respect of the maritime claim.

Article 65 A maritime claimant who wishes to apply for preservation of maritime evidence shall file an application in writing with the maritime court. In the application shall be stated the evidence to be preserved, the connection of the evidence with the maritime claim and the reasons therefor.

Article 66 The maritime court, having entertained an application for preservation of maritime evidence, may enjoin the maritime claimant to provide security. When the maritime claimant fails to do so, it shall reject the application.

Article 67 The following conditions shall be met before preservation of maritime evidence is granted:

(1) the applicant is a party to the maritime claim;

(2) the evidence, preservation of which is requested, substantiates the maritime claim;

(3) the person against whom the application is made is a party relevant to the evidence, preservation of which is requested; and

(4) in a situation of emergency, the evidence relevant to the maritime claim might be lost or hard to obtain, unless the evidence is immediately preserved.

Article 68 The maritime court, having accepted an application, shall make an order within 48 hours. Where the order involves adoption of measures for preservation of the maritime evidence, it shall be executed forthwith; where the conditions for preservation of the maritime evidence are not met, the court shall make an order to reject the application.

Article 69 A party who is dissatisfied with the order may, within five days after receipt thereof, apply for review not more than once. The maritime court shall, within five days after receipt of the application therefor, give the result of the review. Execution of the order shall not be suspended during the period of review. If the reasons given by the person against whom a claim is made are justified, the evidence under preservation shall be returned to that person.

Where preservation of the maritime evidence is objected by an interested person, the maritime court, having examined the objection and considering the reasons therefor justified, shall make an order to cancel preservation of the maritime evidence.

Article 70 To preserve maritime evidence, the maritime court may, taking into account the specific circumstances, seal up the evidence, or take the reproductions, duplicates, photographs, or make video recording, extracts or records of inquests. It may also take the original evidence where definitely necessary.

Article 71 A maritime claimant who has wrongly applied for preservation of maritime evidence shall indemnify the person against whom the claim is made or the interested person for the losses thus incurred.

Article 72 Where legal proceedings or arbitral proceedings are not commenced in respect of a maritime dispute after preservation of the maritime evidence, any party may bring an action in respect of the maritime claim in the maritime court that adopts the measures for preservation of the evidence or another maritime court that has jurisdiction, unless a jurisdiction agreement or arbitration agreement has been concluded between the parties.

Chapter VI Maritime Security

Article 73 Maritime security consists of securities involved in such procedures as preservation of maritime claims, maritime injunction and preservation of maritime evidence provided for in this Law.

The types of security include cash, guarantee, mortgage or pledge.

Article 74 The security of a maritime claimant shall be submitted to the maritime court; the security of a person against whom a claim is made may be submitted to the maritime court or the maritime claimant.

Article 75 The type and amount of the security provided by a maritime claimant shall be determined by the maritime court. The type and amount of the security provided by a person against whom the claim is made shall be determined through consultation by the maritime claimant and the person against whom the claim is made; if consultation fails, the matter shall be determined by the maritime court.

Article 76 The amount of the security requested for preservation of a maritime claim by a maritime claimant from a person against whom the claim is made shall be equal to the amount of his credit, but shall not exceed the value of the property preserved.

The amount of the security provided by a maritime claimant shall be equal to the loss the person against whom the claim is made may suffer as a result of his application. The exact amount shall be determined by the maritime court.

Article 77 After providing security, the provider may apply to the maritime court for reduction, alteration or cancellation of such security, if he has good reasons to do so.

Article 78 If the amount of the security requested by the maritime claimant is so excessive as to cause losses to the person against whom the claim is made, the maritime claimant shall bear the liability to compensate for the losses.

Article 79 The provisions of this Chapter may apply mutatis mutandis to securities involved in the procedures such as constitution of maritime limitation fund and advance execution.