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CHAPTER 14 Limitation of liability for maritime claims

Maritime Law and Practice in China

Page 151


Limitation of liability for maritime claims

Limitation of liability for maritime claims

14.1 The draft of the provisions regarding the limitation of liability for maritime claims in the CMC 1992 heavily relied upon the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976). Although China has not acceded to nor ratified the LLMC 1976, the maritime claims for limitation of liability and the amount of limitation are similar in both the CMC 1992 and the LLMC 1976.1 The main differences between the relevant provisions in the CMC 1992 and the LLMC 1976 are the application to various types of ships for limitation purposes and the jurisdiction of the limitation fund.2 The limitation of liability for ships with a gross tonnage not exceeding 300 tons and those engaging in transport services between the ports of the PRC as well as those for other coastal works is not governed by the CMC 1992, but instead by administrative regulations. The limitation of liability in respect of claims for loss of life or personal injury to passengers carried by sea is also governed by administrative regulations.

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