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First Maritime Administrative Case Heard by Shanghai Maritime Court

 

On December 14th, Shanghai maritime court heard a case brought by the plaintiff Jingxi SANSHANG Mining Co., Ltd (hereinafter referred to as the Company) against the administrative punishment of the maritime bureau. This is the first administrative case since the SPC affirmed maritime courts’jurisdiction over maritime administrative cases. More than 20 cadres of the Shanghai Maritime Safety Administration, including Li Gao, Deputy Director of Wusong Maritime Safety Administration, attended the court trial.

 

On March 16, 2017, Wusong Maritime Safety Administration seized a batch of goods owned by the Company which were identified as dangerous according to category 5.1 of “marine pollution hazardous goods” and had not been declared, in Zhanghuabang, Shanghai. The Administration made a written decision on the maritime administrative penalty of RMB 21,000 for the Company according to Regulations on the Prevention and Control of Vessel-induced Sea Pollution from Marine Environment. The Company petitioned to revoke the penalty.

 

In the trial, the Company claimed that the goods MnO₂ shall not be deemed as dangerous marine pollution product and could be traditionally transported by ordinary packaging. The administrative punishment was lack of sufficient basis, furthermore, the procedures were illegal. The defendant, Wusong Maritime Safety Administration held the different view. The trial lasted for more than 2 hours and the judgment would be given on a fixed date since this case is complex and controversial.

 

“Provisions of the Supreme People’s Court on the Scope of Cases to Be Accepted by Maritime Courts ” and “Provisions of the Supreme People’s Court on Issues concerning the Jurisdiction over Maritime Actions” were known coming into force on March 1, 2016, which affirm the jurisdiction of maritime courts over maritime administrative cases and stipulate that the cases should be under the jurisdiction of maritime courts where administrative enforcement happens.