Haikou Maritime Court

 

Several Opinions on the Provision of Maritime Judicial Guarantee to Boost the Development of Cruise and Yacht Industry of Hainan Province    

 

 (Adopted on 23 August 2019 at the meeting No.2019-4 of the Judicial Committee of Haikou Maritime Court)

 

For the purpose of fully implementing the spirits of the important remark of President Xi Jinping delivered on April 13 and the No.12 central document, making the maritime judicial service for the construction of the free trade zone (port) better targeted and more effective, and creating a law-based business environment for the cruise and yacht industry of Hainan province in an efficient manner to safeguard and boost the development of the industry, we hereby offer several opinions as below. 

 

Article 1  We will carry out further research into the legal policies in relation to the cruise and yacht industry, providing intellectual support for the formulation of the development plan and legal issues concerning the cruise and yacht industry in the free trade zone (port). We will review the current laws and regulations and normative documents concerning the building, operation, trading limit, berthing permit, and maintenance and repair of cruises and yachts, and actively and promptly make legislation proposals in response to the pursuit of the free trade zone (port) in building an international tourist consumption center.

  

Article 2 We will develop a collaboration mechanism to boost the development of the cruise and yacht industry by promoting the construction of a collaboration platform that connects maritime judiciary with administrative law-enforcement departments, industry associations, and enterprises. The forum on developing the cruise and yacht industry in free trade zone (port) with the support of maritime judicial guarantee initiated by this Court involves wide participation from the relevant authorities and enterprises. By fully understanding the status and defining the purposes of the development of the industry, we will set certain topics for discussion at regular intervals and work out innovative measures to address problems popping up during the development of the industry, ensuring that the industry secures a law-based, orderly, rapid, and healthy growth.

 

Article 3 We will strengthen maritime judicial guidance to the cruise and yacht industry, and provide special and tailored maritime judicial services. We will give different maritime judicial opinions to different subjects such as the relevant competent authorities, industry associations, merchants, and consumers, regulating and promoting the development of the industry. We will timely review the judicial practices in the handling of cruise- and yacht-related disputes, and release legal risk tips and guiding opinions for resolution of such disputes from time to time, providing risk control and dispute resolution guidance to different subjects.  

 

Article 4 We will handle cases in relation to the development of the cruise and yacht industry according to laws and regulations, and timely review and publish typical cases to guide the development of the industry.  

 

We will handle maritime cases related to the emerging tourist consumption markets such as cruise tourism, yacht tourism, island tourism, and open sea tourism according to law, with a view to regulating maritime travel services and the use of sea areas for tourist purpose by setting maritime judicial precedents.  

 

We will handle cruise- and yacht-related administrative cases according to law, and give judicial opinions promptly when detecting any maritime administrative actions that go against the principles of the construction of the free trade zone (port) of Hainan province, promoting the building of a law-based international business environment for cruise and yacht industry.  

 

Article 5 We will advance the building of circuit courts for maritime travel cases to efficiently hear and resolve disputes arising from cruise tourist activities. The first “maritime travel circuit court” has been established on cruises operating on Sanya-Xisha Yongle Island line, and maritime judges are serving onboard to accept, mediate, and hear disputes occurring during the voyages to protect the legitimate rights and interests of the parties concerned. The judges also hear and respond to the maritime judicial needs of the cruise operators and passengers, carry out legal publicity activities, and provide legal consultancy services.    

 

We will timely review the practices of maritime travel circuit trials, and expend the coverage of the circuit trial as appropriate to more Chinese and foreign cruises which base their home port in Sanya, with a view to expanding our maritime jurisdiction in the South China Sea and facilitating the pursuit of providing maritime judicial guarantee to promote the development of the cruise industry of Hainan province.     

 

Article 6 We will advance the construction of circuit trial offices for cruise- and yacht-related disputes on the principles of “convenience, efficiency, and quality” for circuit trials. We have established the first batch of circuit trial offices in Hainan province, including the “Circuit Trial Office of Sanya Tribunal for Cruise-related Disputes” at cruise home port and “Circuit Trial Office of Sanya Tribunal for Yacht-related Disputes” at the yacht terminals of popular destinations of independent tours to Hainan, Hong Kong, and Macau. These circuit offices accept and hear cases onsite and make speedy judgments to resolve disputes efficiently. We also set billboards in conspicuous positions of the two offices to introduce the court and give litigation guidance, and offer convenient services such as telephone litigation consultancy and case filing appointments to the people.

 

We will timely review the practice of hearing and judging cases of cruise- and yacht-related disputes onsite, add more circuit trial offices at cruise ports and yacht terminals as appropriate to resolve such disputes more efficiently and to promote the construction of the international tourist consumption center.

 

Article 7 We will prepare a series of written judgment templates for speedy judgment of different types of cruise- and yacht-related disputes to further improve the efficiency of maritime judicial services.  

 

Upon the implementation of new policies and measures concerning the administration of the use of cruises and yachts, for instance the temporal use of sea areas by yachts employed in independent tours to Hainan, Hong Kong, and Macau and those travel from foreign countries, and the administration of the leasing of yachts, small claims disputes over the service, survey, repair and maintenance, and administrative permits and punishments in relation to cruises and yachts will see drastic increase. To address the new situation, we will make arrangements in the procedures, manners, and timetables for the trial of small claims disputes in relation to cruises and yachts, and prepare a series of written judgment templates to facilitate speedy trial of different cases, by which it is expected to promote the efficiency of trial and meet the demands of litigants for maritime judicial services.  

 

Article 8 We will explore diversified dispute resolution mechanism and develop a new model for the resolution of cruise- and yacht-related disputes with the participation of the judiciary, administrative organs, and public organizations, making new advances for a concerted and positive development of the cruise and yacht industry.

 

We will invite notary public to assist in the handling of cruise- and yacht-related disputes by signing a framework agreement on the provision of maritime judicial ancillary support and launching a judicial ancillary support service center to cooperate in aspects such as mediation, service, preservation, collection of evidence, and enforcement to better resolve disputes.  

 

We will invite or entrust sea-related departments such the maritime safety administrations to participate in mediation and dispute resolution as appropriate by taking the advantage of their expertise and experiences in the resolution and mediation of disputes related to sea, ships, and ports.

 

We will encourage people’s assessors to take part in the trial, mediation, and enforcement of cruise- and yacht-related disputes by relying on their expertise and connection to the mass.

 

Article 9 The Opinions is implemented from the date of adoption by the Judicial Committee of Haikou Maritime Court, and the Judicial Committee reserve the right of interpretation of the Opinions.

 

 

General Office of Haikou Maritime Court          Printed and Issued on 26 August 2019