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Journal of the Institute of Seatransport Diplomatic Crisis of Qatar: Possible Legal Implications to Shipping Industry

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Journal of the Institute of Seatransport Diplomatic Crisis of Qatar: Possible Legal Implications to Shipping Industry 119 秋季 Autumn 2017 JOURNAL OF THE INSTITUTE OF SEATRANSPORT Diplomatic Crisis of Qatar: Possible Legal Implications to Shipping Industry 買舊船時要注意的事項 Honorary Presidents of the Institute : Dr. H.Sohmen, Mr. Frank Tsao, Mr. C.C. Tung, Mr. Tsui Shung Yiu, Mr. Du Bao Ming, Mr. Andrew Chen, Mr. Frederick Tsao, Mr. Kenneth Koo, Mr. Stephen Pan, Mr. David Koo, Mr. Su Xin Gang, Mr. Edward Cheng, Mr. Gao Yan Ming, Mr. Wu Chang Zheng, Mr. Li Hua, Ms. Sabrina Chao, Mr. Lau Hoi 2016/2018 Executive Committee Members are as follows : Chairman : Wong Tak Chiu, Raymond Secretary (English) : Lee Hing Wai, Henry Vice Chairman (Internal Affairs) : Lam Ming Fung, Lothair Secretary (Chinese) : Feng Jia Pei, Gilbert 海運學會名譽會長如下： 蘇海文先生 曹文錦先生 董建成先生 崔崇堯先生 Vice Chairman (External Affairs) : Wong Mo Yiu, Gary Treasurer : Chu Chi Tung, Peter 杜寶明先生 程 義先生 曹慰德先生 顧建綱先生 Vice Chairman (General Affairs) : Li Yiu Kwong, Stephen 潘裕國先生 顧建舟先生 蘇新剛先生 鄭承忠先生 Other Executive Committee Members : Chan Kam Wing, Chan Yin Ting Amy, Chan Ming Shun Rocky, 高彥明先生 吳昌正先生 李 樺先生 趙式明女士 Cheng Duen Lam Simon, Cheung Pui Ching Vivian, Lau Yui Yip Joseph, Leung Wing Shun Basil, 劉 海先生 Ng Che Kan Deforest, Shum Yee Hong, Tai Sik Kwan, Tsang Chiu Ming, Wu Ming Eric, Yip Tsz Leung. 海運學會2016/2018 年度理事如下 : Legal Adviser : Rosita S.Y. Lau 主席 ： 王德超 秘書（英文） ：李慶偉 Editorial Board : 副主席（內務） ： 林銘鋒 秘書（中文） ：馮佳培 Lam Kit, Li Yiu Kwong, Gilbert Feng, Raymond Wong, Jimmy Ng, Wong Chi Chung, Tai Sik Kwan, 副主席（外務） ： 王武堯 財政 ：朱志統 Jon W. Zinke, Paul Apostolis, Brenda Chark, Barry Chen, Joseph Lau, Vicky Yip, Cheung Ka Wan, 副主席（總務） ： 李耀光 Eric Wu, Peter Fei. 其他理事 ： 陳錦榮﹑陳燕婷﹑陳銘遜﹑鄭端霖﹑ “SEAVIEW” is the offi cial quarterly journal of the Institute of Seatransport and is distributed free of charge to all members 張佩貞﹑劉銳業﹑梁永順﹑吳矢勤﹑ of the Institute and related organisations. No part of this publication may be reproduced in any form without the written 岑爾康﹑戴錫崑﹑曾超銘﹑胡 明﹑ permission of the publishers. The Journal of the Institute of Seatransport is a leading scholarly journal in the English 葉子良 and Chinese languages on maritime and shipping affairs in Greater China. All contributions are refereed. All opinions 法律顧問 ： 劉瑞儀 or views stated in “SEAVIEW” are those of the respective authors and do not necessary refl ect the views and opinions of 編輯委員會： the editor or publishers. No responsibility can be accepted for any errors or omissions. 林 傑﹑ 李耀光﹑ 馮佳培﹑ 王德超﹑ 伍占美﹑ 黃治中﹑ 戴錫崑﹑ Jon W. Zinke ﹑Paul Apostolis ﹑胡 明﹑ Not for sale ©copyright reserved 翟玉英﹑ 秦俊浩﹑劉銳業﹑葉殷碧﹑張嘉尹﹑費曉明 Correspondence Address : Room 1605-7C, China Merchants Building, 152-155 Connaught Road C, H.K. 本刊物為海運學會季刊，免費寄與各會員及有關團體。未經 G.P.O. Box 6081, Hong Kong 出版人書面同意不可以任何形式複製本刊物。本刊物是領導 Telephone : (852) 2581 0003 學術期刊以英文和中文述及大中華的海事和航運事宜，所有 Fax : (852) 2581 0004 文章已經評核。本刊物所有文章只代表作者個人觀點或意見。 Website : www.seatransport.org 編輯委員會並不負責文章內容所引起的一切法律責任。本刊 E-mail : [email protected] 所有文章，文責自負。 — 編輯委員會啟 非賣品 © 版權所有，不得翻載 通訊地址 ： 香港上環干諾道中 152-155 號 承印： 鴻潤印刷公司 Printed By : Hung Yuen Printing Press 招商局大廈 16 樓 1605-7C 室 地址： 香港九龍旺角西海庭道 8 號 Address : 7K, Block 12, Charming Garden, 8 Hoi Ting Road, 香港郵政總局信箱 6081 號 富榮花園 12 座 7 樓 K 室 Mongkok West, Kowloon, Hong Kong. 電話：(852) 2581 0003 傳真：(852) 2581 0004 電話： (852) 2552 7008 Telephone : (852) 2552 7008 網址：www.seatransport.org 傳真： (852) 2552 6384 Fax : (852) 2552 6384 電郵：[email protected] 電郵： [email protected] E-mail : [email protected] SEAVIEW 119 Issue Autumn, 2017 Journal of the Institute of Seatransport 3 兩岸三地航運物流研討會 2017 海運學會 ( 香港 ) 主辦 海運協會 ( 深圳 ) 及中華航運學會 ( 台灣 ) 協辦 主題 – 開創兩岸三地合作契機 1. 日期：2017 年 11 月 20 日 ( 星期一 ) 2. 時間：上午 9 時至下午 5 時 ( 繼後晚宴 ) 3. 地點：香港跑馬地黃泥涌道 188 號 紀利華木球會 4. 費用：$1,000/ 位 ( 包括研討會入場費，午，晚宴，論文集 , 紀念品 ) 「兩岸三地航運物流研討會」是在香港、深圳、台北三個城市輪流舉行，以增加、增進兩岸三 地航運學會及同行業之間的瞭解、友誼、交流和合作，促進兩岸三地航運業的可持續發展。經 過多年的舉辦，研討會已得到各方的肯定，並在當地政府和業界享有一定的影響力；本屆由本 會主辦。本會榮幸邀請到香港特別行政區政府政務司司長張建宗先生 , 大紫荊勳章 , GBS, JP 作 為主禮嘉賓，涖臨主持開幕。 細節請參考本會網頁，並逕向秘書處報名，踊躍參加。 Cross-Strait Conference 2017 Institute of Seatransport (Hong Kong) (Host organizer) Maritime Shipping Association (Zhenzhen) (Co-organizer) Maritime Institute (Taipei) (Co-organizer) THEME Breaking New Grounds in Cross-Strait Co-operations Date : 20 November 2017 (Monday) Time : 9:00 am to 5:00 pm (followed by dinner) Venue : Craigengower Cricket Club 188 Wong Nai Chung Road, Happy Valley, Hong Kong Charge per person: $1,000 (inclusive of admission, lunch, dinner, conference proceedings and souvenir) Three shipping/maritime related institutions in Hong Kong, Shenzhen and Taipei take turn to organize the Cross-Strait Conference (the Conference). The Conference promotes the understanding, friendship, exchange and co-operations among the institutions and participants for the eventual enhancement of the continuing development of the shipping/maritime industries. The Conference earns its recognition from the local governments and the industries in these regions. The Institute of Seatransport will host the Conference this year and have the honour to invite Mr. CHEUNG Kin Chung, Matthew, GBM, GBS, JP Chief Secretary for Administration of the Hong Kong Special Administrative Region Government as the guest of honour to inaugurate the Conference. For details, please refer to the news announced on the Institute’s website. Do not miss your opportunity. 4 SEAVIEW 119 Issue Autumn, 2017 Journal of the Institute of Seatransport Diplomatic Crisis of Qatar: Possible Legal Implications to Shipping Industry Owen Tang / Brian Sun A. Introduction of their flag) from calling at its port or offshore anchorage. As the Port of Fujairah On June 05, 2017, the United Arab is the main bunkering point in the region, Emirates (UAE), Saudi Arabia, Bahrain, this decision obviously impacts ocean Yemen, the eastern based government carriers operating in this region in terms in Libya, the Maldives and Egypt of costs and delays. An article published announced their intention to cut land, air in Tradewinds entitled “OSV Sector faces and sea transport links with Qatar. Such Fallout from Qatar Crisis” (June 08, 2017)1 a diplomatic crisis may create a major predicted that offshore vessel operators concern for the shipping industry in the could be among those shipping companies region. likely to suffer from the diplomatic crisis surrounding Qatar, as Qatar has a Qatar has a major role in some signifi cant offshore oil and gas sector, with specific sections of the global economy. many foreign flagged OSVs employed Qatar is the world’s largest exporter of there. liquefi ed natural gas. The Qatar Investment Authority holds large stakes in important One day after the June 05 decision, western companies such as Volkswagen DP World issued a notice prohibiting and Barclays, and has major invested the following vessels from calling at any interests in Harrods department store and DP World port or anchorage in the UAE the Shard (London’s tallest building). region: Before the crisis, the UAE had been Qatar’s sixth largest trading partner, and the • all vessels owned by Qatar or flying decision to suspend sea transport between its fl ag; the two nations would certainly cause panic for ocean carriers operating on both • all vessels going to/coming from Qatar sides. as last/next port of call (irrespective of fl ag); The UAE’s Port of Fujairah has issued a notice prohibiting all vessels destined • all vessels loading/discharging cargo to or arriving from Qatar ports (regardless destined to/from Qatar. SEAVIEW 119 Issue Autumn, 2017 Journal of the Institute of Seatransport 5 In addition, Saudi Arabia has with the parties’ obligations in situations announced that Qatar flagged/owned when cargoes are prevented from being vessels will not be allowed to enter Saudi shipped or delivered by government waters. Bahrain has also prohibited vessels actions. For example, the “BIMCO Sanctions moving from and to Qatar from calling at Clause For Time Charterparties” sets out the its ports. Egypt has banned Qatar-flagged rights and obligations for ship owners and ships but allows access to the Suez Canal. time charterers in the event the contract is affected by ‘any sanction or prohibition The Qatar political crisis may also imposed by any State, Supranational or affect the ordinary course of shipping International Governmental Organisation’. payments. On June 09, 2017, the UAE government published Resolution No. 18 Originally the inclusion of the clause of 2017 which listed 59 individuals and 12 was prompted by the Iranian sanctions Qatar-linked entities [‘specially designated regime. Affected parties should check nationals’ (SDNs)] as terrorist individuals whether the specific wordings of these and organizations. However, the Central clauses may be wide enough to embrace Banks in the UAE, Bahrain, Saudi Arabia the prohibition imposed by the current and Egypt have stopped dealing with the Qatar crisis. Qatar Riyal. Besides, the Saudi Arabian Monetary Agency has told banks in The related parties should check their Saudi Arabia not to process payments contracts to see whether they are entitled denominated in Qatar riyals. Therefore, to deliver the cargo to a destination other there may be expected delays relate to than the destination originally agreed shipping payments involving UAE fi nancial when there is a “blockade” (Conwartime institutions. and Conwarvoy 2013); if yes, they have to check whether they have cover from the This paper aims to provide a brief P&I Club to carry the cargo to the revised overview about the possible legal issues destination. concern with shipping industry that may be caused by this diplomatic crisis. (2) Liberty to Deviate B. Impacts on Contracts of Carriage The contractual right to deliver the cargo to a destination other than the (1) Sanctions Clause destination originally agreed is closely related to the “liberty to deviate”. For Shippers who have contracted to carry vessels destined for Qatar ports but calling cargo to or from Qatar need to check the at UAE or other affected ports en route, written terms listed in the bill of lading and the parties should check whether they may charterparty.
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