The 15th Interim meeting of the Asian Shipowners Forum (ASF) Ship Insurance and Liability
Committee was held in Hong Kong on Tuesday, 13th April 2010.
Attending the meeting were the Secretary-General of the ASF and delegates representing the
shipowner associations of China, Chinese Taipei, Hong Kong, Japan, and the Federation of
ASEAN Shipowners’ Associations (FASA), as represented by delegates from the shipowner
associations of Indonesia, Malaysia, and Singapore.
The meeting was preceded by a half-day seminar on The Rotterdam Rules, attended by the
delegates to the meeting as well as by members of the Hong Kong Shipowners Association, the
Hong Kong Maritime Law Association and the Hong Kong Shippers Council.
The Committee discussed the Rotterdam Rules, in particular the several areas of concern that
have been expressed by shipowners and shippers. While the Committee was of the opinion that
widespread ratification of the Rules would provide global consistency, which is desirable, it
acknowledged that there remain some aspects of the Rules that shipowners continue to feel
uncomfortable with. Members agreed to continue to further study the Rules with their
governments.
The Regulation of the People’s Republic of China on the Prevention and Control of Marine
Pollution from ships has been causing concern amongst the international maritime community,
for the reason that, although the Regulation came into force on 1st March 2010, no implementing
code or regulations have yet been developed. The Committee noted that some ASF members
had been in touch with the authorities in the PRC, and had been assured that until the
implementing codes had been published, full enforcement of the Regulation would be postponed.
The Committee expressed its deep concern over the wide scope of the proposed United States
sanctions against the exportation of refined petroleum products to Iran. The potential
regulations would seem to indicate that all domestic and foreign entities that might be involved
in shipping such cargoes to Iran, or even insuring or reinsuring the cargo or ships, could be
subject to the sanctions. While the sanctions would be through domestic legislation, the effect
of the sanctions would have international effect. The Committee is of the strong opinion that
legislation that would seek to affect the international community should only be promulgated
through the United Nations, and encourages all Governments to express their concern at the
proposed unilateral action by the United States.
The Committee once again expressed its deep concern at the treatment of seafarers who are
unfortunately involved in maritime accidents. While recognising that local legal procedures
must be followed, the Committee is concerned that seafarers who are involved in accidents are
being treated as criminals as a response to and to satisfy public concern about the effects of the
incident, even when it is clear that there has been no recklessness, criminal intent or obvious
fault involved. There would seem to be many incidents where the only fault of the seafarers
would appear to be in the wrong place at the wrong time. The Committee urges all
Governments, particularly those in the developed world, to reconsider the harm they are doing
both to the recruitment of future seafarers as well as to the reputation of their legal systems by
politicising such incidents and treating seafarers with little regard for their human rights and
being assumed guilty until proven innocent.
The next meeting of the Committee will be held in Hong Kong on 25th May 2010, just before
the 19th annual meeting of the Asian Shipowners Forum.
For more information, please contact the Secretary of the Committee, Arthur Bowring, at the
contact address shown in the header.
Editor’s note:
The Asian Shipowners Forum consists of 8 Shipowner Associations in the Asian region, being
those from Australia, China, Chinese Taipei, Hong Kong, India, Japan, Korea and the
Federation of ASEAN Shipowners’ Associations (FASA), which comprises the Shipowner
Associations of Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam. The
Secretariat of the ASF is located in Singapore. The aims of the ASF are to promote the interests
of Asian shipowners and operators. Between annual ASF meetings, ongoing work is carried out
by five “S” Committees; the Shipping Economics Review Committee, the Seafarers Committee,
the Ship Recycling Committee, the Safe Navigation and Environment Committee, and the Ship
Insurance and Liability Committee. It has been estimated that ASF Owners and Managers
control and operate around 50% of the world’s cargo carrying fleet.