In December 2021, Kenneth X, president of Myanmar Chamber of Commerce in Thailand and legal representative of Myanmar Intermediary X Group Company expressed his New Year’s wishes to the judge presided at the green channel of Dalian Maritime Court on the WeChat of Shi X, a lawyer from Liaoning X Law Firm, for recovering 870,000 yuan for 9 Burmese crew and refunding the legal fees.
One day in early January 2020, the MV “Changda” registered in Taiwan region was traveling through the area when a storm broke out at Dalian sea areas, which was stuck in critical condition. Dalian Coast Guard Bureau rescued the ship in time, and the ship with a gross tonnage of 1,600 tons was saved from danger.
Then the ship was found to be carrying unquarantined frozen goods during the investigation by Dalian Coast Guard Bureau, and Taiwan X Enterprise Co., the shipowner, was suspected of smuggling. There was only one manager from Taiwan region on board, and the remaining 9 crew were all of Burmese nationality. Dalian Coast Guard Bureau took criminal compulsory measures against the manager according to the law, and the ship involved in the case was temporarily anchored in Dalian anchorage for further processing.
On purpose of solving the urgent needs of 9 crew, Dalian Coast Guard Bureau provided its own supplies to the crew. Despite this, unpaid wages continued to be a problem for the crew. In the absence of the effect of multiple remedies, the crew’s family entrusted Hu X, a lawyer from Liaoning X Law Firm as an agent to file a civil lawsuit in Dalian Maritime Court.
When accepting the documents related to the lawsuit, the judge of Dalian Maritime Court’s filing division opened the green channel, patiently listened to the agent’s statement about the case, guided to submit additional documents. Due to the incorrect information provided by the crew, the case could not be approved for filing, then the judge formulated a work plan to protect the rights and interests of the crew, that is, non-proceeding mediation. Under conditions where the shipowner could not be contacted, the judge actively contacted Dalian Coast Guard Bureau to obtain the fact about the crew’s personal data, the crew’s living conditions and the shipowner’s outstanding payment. Finally, with the assistance of Dalian Coast Guard Bureau, the shipowner agent was contacted, and the conflict was resolved through mediation.
In December 2021, the crew received full wages from the shipowner and the legal fees refunded from the Court. As the crew could not express their gratitude to the Court in person due to the epidemic prevention and control measures, the crew requested lawyer Shi to convey their recognition and trust on China’s maritime trail.
By Wang Zhengyu