Regarding the limitation of liability for maritime claims, the provisions of Article 210 of the Maritime Code which apply to one of the ships in a collision accident, can also apply to the other ship in the same accident who applied for the constitution of a limitation fund for maritime liability
In the case where the applicant Zhongran Shipping (Dalian) Co., Ltd. (hereinafter referred to as Zhongran Company) applied for the constitution of a limitation fund for maritime liability, the ship “Zhongran 39” owned by Zhongran Company collided with the North Korean ship “KUM SAN”. Zhongran Company applied to the Court for the constitution of a limitation fund for maritime liability for all maritime claims for non-personal injuries and loss of life that could limit liability due to the collision. The ship “Zhongran 39” is 2,548 tons in gross tonnage and engages in the transportation among Chinese ports. According to Paragraph 2 of Article 210 of the Maritime Code, the limitation of liability should accord with the Provisions Concerning the Limitation of Liability for Maritime Claims for Ships with Gross Tonnages Not Exceeding 300 Tons and Those Engaging in Coastal Transport Services as Well as Those for Other Coastal Operations. Article 5 of the Provisions stipulates: “Regarding the limitation of liability for maritime claims, the provisions of Article 210 of the Maritime Code or Article 3 of the Provisions which apply to one of the ships in an accident should also apply to the other ships in the same accident.” The ship “KUM SAN” is 5,552 tons in gross tonnage and engages in international transportation, and its limitation of liability shall accord with the provisions of Article 210 of the Maritime Code. Although the ship owner of “KUM SAN” did not apply to the Court for the constitution of a limitation fund for maritime liability, the limitation of liability of the ship “Zhongran39” in its collision with the ship “KUM SAN” should still accord with Article 210 of the Maritime Code in accordance with the higher limitation.