When talking about Harbor Master, it refers to Maritime Safety Administration (MSA) in China.  There are 14 MSA(s) at provincial level under direct leadership of MSA China, located mainly along the coastal lines and along the Yangtze River.  According to The Marine Traffic Safety Law of the PRC (effective as of January 1^st 1984), the Harbor Superintendence Administration (re-named in late 1990s as Maritime Safety Administration or MSA) shall be the competent authorities responsible for the unified supervision and administration of traffic safety in the coastal waters.  The law clearly sets that it is for the Harbor Superintendence Administration (MSA) for investigation and handling of traffic accidents within Chinese water.

China MSA investigates marine casualty accidents in PRC coastal and inland waters, as well as accidents involving China-flagged ships in international waters, in accordance with The Marine Traffic Safety Law of PRC, the Regulations of PRC on the Investigation and Handling of Maritime Traffic Accidents, the Regulations of PRC Concerning the Administration of Traffic Safety on Inland Waters, and SOLAS Chapter XI.

1.      Collision

The parties involved in a collision are obliged to report the marine traffic accidents (including actual collision, indirect collision; fire or explosion, sinking of a vessel which cause damage to the vessel or other property and personal injury) to MSA within designated period - 24 hours and no longer than 48 hours and should submit MSA a written Accident Report and relative materials for investigation.  Failing to report or failing to submit a written accident report, MSA may give warning or impose fine against Master or impose fine against owners or managers of the vessel.  In recent years, with increasing volume of trading products, collision occurs increasingly in China.  The lawyers and surveyors are instructed to attend on board promptly for investigation.  MSA will investigate collisions and produce a report on collision liability.

 

MSA investigation report will constitute key evidence in court, close cooperation with MSA is therefore important.  Chinese courts pay attention to the crew’s statement, but rely more on the ship’s operational documents e.g. deck log, VDR(Vessel data record), radar records and third party evidences - such as the statements of persons on passing-by vessels or the observation and communication stations to establish facts.

 

According to Civil Procedure Law and Special Maritime Procedure Law of PRC, China maritime court will acquire/seize jurisdiction for collision case if the court is located at one of the following places:

1)      where the collision occurred or,

2)      where the ship in collision first docked after the incident or,

3)      where the ship at fault was detained or,

4)      where the defendant has its domicile or,

5)      where the ship’s port of registry is located. 

 

2.       Regulations of PRC on the Prevention and Control of Marine Pollution from Ships &

Pollution clean-up contract with MSA approved Ship Pollution Response Organization before vessel enters a PRC port