126 夏季 Summer 2019 JOURNAL OF THE INSTITUTE OF SEATRANSPORT The Framework For Canada-China Cooperation On Arctic Shipping And The Development Of The Arctic Area 粵港澳大灣區建設給香港航運帶來的發展機遇 3 The Framework For Canada-China Cooperation Adolf K.Y. Ng On Arctic Shipping And The Development Of The Arctic Area 7 ICSHK Column - Sharad Gupta Enclosed Spaces – Dangers and Precautions 11 粵港澳大灣區建設給香港航運帶來的發展機遇 馮佳培 15 Specialized Warehouse in Maritime Logistics Leung Ka Sin 18 Law Column - Christian Dwyer / Court Finds Defective Passage Plan Sophie Henniker-Major Rendered Vessel Unseaworthy 23 船舶各類速度 林傑 27 The Changing Arctic Sea Route Sarah Gutter / Emily Gagnon / and its New Opportunities Becky Souriyavong / Scott Messing 29 AA Talk Raymond Wong HULL INSURANCE CLAUSES – Scope of Insurance (I) 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 2018/2020 Executive Committee Members are as follows : Chairman : Wong Tak Chiu, Raymond Secretary : Feng Jia Pei, Gilbert Vice Chairman (Internal Affairs) : Cheung Ka Wan, Karen Treasurer : Yuen Chung Ah, Michael 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) : Cheng Duen Lam, Simon 杜寶明先生 程 義先生 曹慰德先生 顧建綱先生 Vice Chairman (General Affairs) : Cheung Shun Man, Manson 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 Ka Ho, Davin, Chan Ming Shun, Rocky, Chan Yin Ting, Amy 高彥明先生 吳昌正先生 李 樺先生 趙式明女士 Lam Kong Hei, Yale David, Lau Yui Yip, Joseph, Li Yiu Kwong, Stephen, Lui Kam Leung, Stanley, 劉 海先生 So Ping Chi, Tai Choi Pan, Anthony, Tsang Cheuk Yin, Joe, Wan Yim Yu, Brian, Wu Ming, Eric, 海運學會2018/2020 年度理事如下 : Yim Man Lung, Yip Tsz Leung. 主席 ： 王德超 秘書 ：馮佳培 Legal Adviser : Rosita S.Y. 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Ng The unprecedented rate of ice melt more than $700 million over a decade for has paved way for increased shipping Canada’s Arctic and northern communities’ activities in the Arctic, thanks to its initiatives. Indeed, tackling the gap perceived natural resource reserves and infrastructure deficit in Canada’s north is shorter inter-continental sailing distancer. corresponding to Prime Minister Justin Even non-Arctic countries are showing their Trudeau’s 2016 commitment to co-develop interests, where China has made the Arctic the Arctic and Northern Policy Framework a key pillar of its Belt & Road Initiatives with local residents and stakeholders. At (BRI), such as the ‘Ice Silk Road’ concept the same time, large-scale researches on the in 2018. In fact, China even published impacts of shipping activities on the socio- a guidebook for cargo ships navigating economic environment in northern Canada, through the Northwest Passage (NWP). including local (indigenous) communities, Nevertheless, we are yet fully prepared in are taking place. The genomics and socio- opening the Arctic area. economic research projects in preparedness and emergency response in the Arctic that This is also true for Canada. In the involves collaboration between scholars past decade, vessels that sailed through from diversified disciplines in several Canadian waters in the Arctic area have Canadian universities (e.g., University of risen from 86 in 2009 to 125 in 2018. Manitoba, University of Calgary, McGill Indeed Canada’s (relatively) unexplored University) and public agents (e.g., see territorial north possesses substantial genice.ca and ccapptia.com) serves as a potential. Here one should note that schematic exposition. However, it is still developing the Arctic, including shipping, in its embryonic stage and the country still is not only a technical, operational has much catching-up to do with its Arctic question. It is also a regional question that counterparts. affects local economy and population, especially indigenous people, and that Despite such efforts, there is still the involvement of both operational a lack of solid cooperative framework stakeholders (e.g., ship operators) and between different countries in developing regional right holders (e.g., indigenous the Arctic, including shipping. Such a communities) is compulsory. Indeed, framework is more fragile between Arctic there are hints that Canada finally takes and non-Arctic countries (e.g., Canada- the initiatives to develop its Arctic policy. China) where substantial differences and For instance, the Honorable Bill Morneau, misunderstandings exist between them. the Minister of Finance, has earmarked Some initiatives are already taking place but SEAVIEW 126 Issue Summer, 2019 Journal of the Institute of Seatransport 3 far from being completed. This illustrates and so ‘specialization’ is the best way that there are still many challenges in forward. Given the physical and socio- opening up the Canadian Arctic, but economic characteristics of the area, simultaneously indicate the numerous as well as the fundamental differences opportunities that scholars, policymakers, of planning systems between different and industrial practitioners from Canada Arctic countries (e.g., Canada vs. and China can work together to open Russia), an ‘one-size-fits-all’ solution up the Arctic area and improve the well- to Arctic shipping and development being of the world. The following are a is not the best approach and the number of suggestions on how to kickstart Canadian Arctic area, as well as all a Canada-China cooperative framework on other Arctic areas, should only focus the Arctic: on particular sectors. Recognizing such, it means that we must be 1. Governance: Canada and China ‘selective’ in terms of what and should establish a bilateral framework how much resources that should be on how a ‘sustainable Sino-Canadian committed to develop the Canadian Arctic supply chain’ can/should Arctic. be developed and governed. The framework should address key 3. Capacity Building: Canada and China issues of mutual interests, such should jointly build the capacity as (but not limited to): (i) identify (e.g., jointly establish a research and strategic resources in the Arctic that education institute, an institution are pivotal for the well-being of similar to the UN’s World Maritime Canada and the Asia-Pacific region; University) specializing on bilateral (ii) find ways to ensure that local, collaborative research, education, and especially indigenous, communities training for Arctic experts, specialists, in northern Canada can be involved and other relevant personnel. The and benefi ted from this process. This objective of the institute should be to requires a fundamental understanding train relevant high-quality personnel on how Arctic shipping would who understand the interests and affect both global supply chains problems of jointly developing the and regional well-being. It is also a Arctic, hereby possessing the expertise great opportunity to investigate the knowledge and skills in developing possibility on how the BRI philosophy sound solutions in addressing such can be integrated and fit into the challenges. Also, the establishment Canadian, especially northern, political of a high-level joint council/forum agenda. that facilitates the continuous exchange of scholars, policymakers, 2. Specialization: Recognize that different and practitioners from Canada and Arctic passages (notably NWP, China on this area will be highly Northern Sea Route, ad Trans-Polar desirable. In this case, it is highly Route) have fundamental differences important for any Chinese (and other 4 SEAVIEW 126 Issue Summer, 2019 Journal of the Institute of Seatransport expatriate) stakeholders taking part interests are sustainable shipping, ports, and in Arctic shipping and development climate change adaptation, and the Arctic.