Adjusting Jurisdictional Areas and Scope of Cases for Dalian, Wuhan and Beihai Maritime Courts
2018-08-05 1292
- Area of Law: Maritime Litigation
- Level of Authority: Documents of Judicial
Interpretation Nature
- Date issued:12-10-2002
- Effective Date:12-10-2002
- Issuing Authority: Supreme People's Court
- Status: Effective
Circular of the Supreme
People's Court on Adjusting Jurisdictional Areas and Scope of Cases for Dalian,
Wuhan and Beihai Maritime Courts
(No. 274 [2002] of the Supreme People's Court)
The higher people's courts of all provinces, autonomous regions and municipalities
directly under the Central Government, Military Court of the Liberation Army,
the Branch Court of the Army Corps of Production and Construction of the Higher
People's Court of Xinjiang Uygur Autonomous Region, and all the maritime
courts:
In order to meet the needs in the development of shipping economy and maritime
trial, we hereby, in accordance with the Special
Procedure Law of the People's Republic of China on Maritime Litigation,
make the following adjustments on the jurisdictional areas and scope of cases
for Dalian Maritime Court, Wuhan Maritime Court and Beihai Maritime Court:
I.Scope of area for jurisdiction of maritime and maritime trade cases by Dalian
Maritime Court: in the south, it reaches to the boundary of Liaoning Province
and Hebei Province; in the east, it reaches to the extended sea area at the
estuary of Yalu River and the water area of Yalu River, including a part of the
Yellow Sea and a part of the Bohai Sea and some islands on the sea, as well as
the Heilongjiang River, Songhua River, Wusuli River and other navigable water
areas and ports connecting the sea within Heilongjiang Province.
II.Scope of area for jurisdiction of maritime and maritime trade cases by Wuhan
Maritime Court: the navigable water area connecting the sea which starts from
Hejiangmen in Yibin City, Sichuan Province to the estuary of Liuhe River in
Jiangsu Province.
III.Scope of area for jurisdiction of maritime and maritime trade cases by
Beihai Maritime Court: the ports and water area in Guangxi Zhuang Autonomous
Region, the sea area in Beibu Gulf and the islands and water area there, as
well as the navigable water area connecting the sea which starts from Lancang
River to Meigong River in Yunnan Province.
The jurisdictional area of Beihai Maritime Court and that of Guangzhou Maritime
Court shall be demarcated by the central line of watercourse in Yingluo Gulf.
The maritime and maritime trade cases arising in the east of the central line
of watercourse and the extended sea area shall be under the jurisdiction of
Guangzhou Maritime Court, while those arising in the west of the central line
of watercourse and the extended sea area, including the water area covering
Wuni Island, Weizhou Island, Xieyang Island, etc., shall be under the
jurisdiction of Beihai Maritime Court.
IV.Dalian Maritime Court, Wuhan Maritime Court and Beihai Maritime Court shall
separately have the jurisdiction over the following maritime and maritime trade
cases arising in the water area in Heilongjiang Province (Dalian), the water
area of branches of Changjiang River (Wuhan), the water area in Yunnan Province
(Beihai):
1.cases on collision of vessels, general average, maritime salvage, pollution
by vessels, distrainment and auction of vessels;
2.maritime and maritime trade cases involving foreign interests.
Other maritime and maritime trade cases arising in the above said water areas
shall be under the jurisdiction of the local people's courts.
V.The local people's courts shall, when trying maritime and maritime trade
cases, apply the Maritime Code of the People's
Republic of China, the Special
Procedure Law of the People's Republic of China on Maritime Litigation
and other relevant laws.
December 10, 2002