The Maritime Law was promulgated in 1992 and entered into force on July 1, 1993.
There are 278 articles in total. It is divided into fifteen parts:
Chapter I General Provisions;
Chapter II Ships;
Chapter III Crew;
Chapter IV Contract of Carriage of Goods by Sea;
Chapter V Contract of Carriage of Passengers by Sea;
Chapter VI Charter Parties;
Chapter VII Contract of Sea Towage;
Chapter VIII Collision of Ships;
Chapter IX Salvage at Sea;
Chapter X General Average;
Chapter XI Limitation of Liability for Maritime Claims;
Chapter XII Contract of Marine Insurance;
Chapter XIII Limitation of Time;
Chapter XIV Application of Law in Relation to Foreign-related Matters;
Chapter XV Supplementary Provisions.
The key points are as follows:
1.No foreign ships may engage in the maritime transport or towage services between the ports of the China unless permitted by the competent authorities of transport and communications under the State Council.(Article 4)
2.All matters pertaining to maritime transport shall be administered by the competent authorities of transport and communications under the State Council.(Article 6)
3.The following maritime claims shall be entitled to maritime liens: (1) Payment claims for wages, other remuneration, crew repatriation and social insurance costs made by the Master, crew members and other members of the complement in accordance with the relevant labour laws, administrative rules and regulations or labour contracts; (2) Claims in respect of loss of life or personal injury occurred in the operation of the ship; (3) Payment claims for ship’s tonnage dues, pilotage dues, harbour dues and other port charges; (4) Payment claims for salvage payment; and (Article 5) Compensation claims for loss of or damage to property resulting from tortious act in the course of the operation of the ship. (Article 23)
4.The parties to a contract may choose the law applicable to such contract, unless the law provides otherwise. Where the parties to a contract have not made a choice, the law of the country having the closest connection with the contract shall apply. (Article 269)
5.Article 270 The law of the flag State of the ship shall apply to the acquisition, transfer and extinction of the ownership of the ship. (Article 270)
6.The law of the place where the court hearing the case is located shall apply to matters pertaining to maritime liens. (Article 272)
7.The law of the place where the infringing act is committed shall apply to claims for damages arising from collision of ships. The law of the place where the court hearing the case is located shall apply to claims for damages arising from collision of ships on the high sea. If the colliding ships belong to the same country, no matter where the collision occurs, the law of the flag State shall apply to claims against one another for damages arising from such collision. (Article 273)
8.The law of the place where the court hearing the case is located shall apply to the limitation of liability for maritime claims. (Article 275)