The Maritime Advocate-Issue 675



1. Hong Kong–Summary Judgment not Available for Fraud
2. Container Revolution Eats its Children
3. MARS Rollout Done Deal in Australia
4. The Forgotten Shipwreck
5. Detection Using Data–Stalking a Rogue Train
6. People and Places

The Maritime Advocate–A Growing Concern

This publication, nicknamed "the Avo" passed
a milestone this summer. It has passed the 20 000 subscriber mark, the
highest total since its foundation in 2001. As a result of hand-ons
and internal republications within firms, it is fair to assume a total
readership of around 60 000 located in 120 countries. This gives the
Avo a very wide footprint in the maritime world. If you have a message
or product to promote or circulate, the Avo can promise to get the word
out at affordable rates. Give us a try why don’t you..


1. Hong Kong–Summary Judgment not Available for Fraud

The latest newsletter issued by Richard and Simon Chan reports on the
Hong Kong High Court case of Hyundai Merchant Marine (Hong Kong) Limited
v Ma Chun Kit [HCA 619/2016] where Deputy High Court Judge Sakhrani
ruled in Chambers that Summary Judgment was not available to plaintiffs
under Hong Kong law in cases of fraud.

Read the note in full here:-

The Judgment can be red in full here:-


2. Container Revolution Eats its Children

A very good piece by Andrew Craig-Bennett which appeared in Splash
24/7, the new wave daily news zine. Here is a flavour:-

And thus the container revolution eats its children. Amongst the legacy
liner companies, few are very old. They saw off the old guard of the
conference carriers – even the boys in blue were once ‘tolerated
outsiders’ – and soon they, in turn, will be swallowed up
by, in effect, ‘virtual’ liner companies.

Who loses in this orgy of value destruction? At first glance, the banks,
but the banks are bailed out by the taxpayers. Which is to say, gentle
reader, that the people who lose are you and I.

Read the column in full here:-


3. MARS Rollout Done Deal in Australia

We learn from the latest Bio-Security Matters Bulletin that MARS is
now in full sail across all Australian sea ports

The Maritime Arrivals Reporting System (MARS) commenced on the 26 September
after the successful completion of a pilot in Mackay and Gladstone.
Stage 1 of the rollout was in the Pilbara Region. The final round of
implementation commenced on 4 November and has now been rolled out across
all Australian locations.

The implementation included a comprehensive period of training and
readiness activities between July and November 2016 for approximately
200 staff and 300 hundred shipping agencies and vessel masters around
Australia. Industry have provided extremely positive feedback to the
implementation overall.

More than 4000 reports have already been submitted online

As of 29 November 2016, the following submissions, assessment and inspection
activities have been successfully completed in MARS:

2,154 Ballast Water Reports
2,098 Pre-arrival Reports
1,555 Inspections

._____________________________________________________________________________________…………………….+44 (0)20
3326 4514

4. The Forgotten Shipwreck

There are times when we think the world is a dangerous place where
the weak and helpless go to the wall without a care from the forces
of government, order, safety or compassion. Well here is a new entry
for the life-is-cheap casebook supplied by Amina Ismail and Stephen
Grey of Reuters. And the authors are right. It is a terrible case which
says terrible things about our times:-

Five hundred would-be migrants drowned when their boat sank off Egypt
in April, heading for Italy. And nobody cares enough to ask why. “In
the seven months since the mass drowning, no official body, national
or multinational, has held anyone to account for the deaths or even
opened an inquiry”. Compare and contrast with the response to an
EgyptAir plane crash in May which killed 66. Four countries searched
for survivors and wreckage; an international investigation continues.


5. Detection Using Data–Stalking a Rogue Train

Courtesy of the Browser we read this item by Daniel Sim et al which
appeared in a Government of Singapore transport blog. Here is the trailer:-

Data scientists investigate “a spate of mysterious disruptions”
over a period of months on the Singapore metro. Their story unfolds
like a thriller, with traces of Edward Tufte. “What we’d established
was that there seemed to be a pattern over time and location: Incidents
were happening one after another, in the opposite direction of the previous
incident. It seemed almost like there was a ‘trail of destruction’.
Could it be something that was not in our dataset that caused the incidents?”

The sector and the case are near the outer limits of the field we normally
cover in this zine, but we admire the numeric approach, the inquisitive
spirit of the investigators and use of maths and statistics in the pursuit
of practical answers to real transport problems.


6. People and Places

Stéphane Le Diraison , who works for the Marine and Offshore
division of Bureau Veritas is competing in the Vendée Globe 2016,
the legendary single-handed yacht race. After five weeks at sea, Stéphane,
sailing the IMOCA 92 "Compagnie du Lit – Boulogne-Billancourt",
is currently on his way into the Pacific Ocean, in 10th place.


The Board of Directors of Venezia Terminal Passeggeri (VTP) has appointed
Galliano Di Marco as the new Director General of the company.

Mr. Di Marco will work with Sandro Trevisanato, who has been confirmed
as VTP President, to further strengthen VTP’s positioning as the
first cruiser homeport in the Mediterranean Sea.


The Mission to Seafarers Annual Festival of Nine Lessons and Carols
took place last week at its headquarters at St Michael Paternoster Royal
Church, London.

The event was attended by the charity’s President HRH The Princess
Royal, who read the first lesson, and Vice Admiral Sir Timothy Laurence.

Faz Peermohamed, Global Head of Shipping for Ince and Co., the event’s
sponsors also read one of the nine lessons.
The other readers at this years’ service included: Admiral Lord
West, Chancellor Southampton Solent University; Commander Peter Snow,
former Mission to Seafarers Regional Chair, Oceania; Ms Susan Dio, Chief
Executive Officer, BP Shipping Ltd; The Most Rev. Fredrick James Hiltz,
Primate of the Anglican Church of Canada and Chairman MtS Canada; and
the Rt Hon John Hayes MP, Minister of State Responsible of Maritime,
Department of Transport.


The new publication from brokers Tysers, called Talking Tysers has
an entertaining interviw with Tokio Marine Kiln underwriter Tom Wallace
who specialises in US Property, Liability and Motor business. A Southampton
University Archeology graduate, he describes how he fell into the business.


Hill Dickinson has announced that Julian Clark will be joining the
firm as global head of shipping.
Julian, who joins in January, is a founding partner of Campbell Johnston
Clark (CJC) and specialises in both wet and dry shipping. Prior to founding
CJC, Julian spent seven years as a partner at Holman Fenwick Willan
LLP. He will be based in Hill Dickinson’s City of London office
but will travel between the firm’s international offices in Piraeus,
Monaco, Hong Kong and Singapore.


The International Maritime Prize for 2015 has been awarded to Frank
Wiswall, former chair of the IMO Legal Committee and Vice President
(Honoris Causa) of the Comité Maritime International (CMI) for
his contribution to the work of the IMO over many years.


From the Avo Archive

The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.

Surprisingly, the archive abounds with references to"revolution"
and "revolutionary", some oblique some overt, a reflection
perhaps of the conservative nature of all things maritime. Take this
posting from the Avo’s woman in Havana, Georgina Noakes, visiting the
offices of Rado & Associates, which appeared all the way back in
paper form in Back Issue – 17 of January 2002:-


LA HABANA (Havana), Cuba, is one of the most exciting cities in the
world. But visit it quickly before it gets totally restored. The city
has been declared a world heritage site and, with the help of UNESCO
grants, the baroque Spanish architecture, hailing from the 16th century
onwards, is being renovated, bit by bit. A Cuban historian, Leal Eusebio,
is director of the restoration of Old Havana.

Historic cities around the world (Singapore comes to mind) have been
destroyed to make way for late 20th century buildings, but it could
be said that post-revolutionary Cuba saved Old Havana. Thousands of
families from rural areas flocked to the city to live in the grand houses
of pre-revolutionary days. State money was poured into health and education
programmes, not housing. Nowadays, you will find old women hanging washing
in the ballrooms of yesteryear and ten or twenty families living beyond
the grand staircases of the old Spanish colonial summer palaces and
houses, of which there are many.

The city is throbbing with energy and lures you into an atmosphere
akin to an old black and white movie set. Foreigners started visiting
Cuba about ten years ago. Now there are hustlers who will sell you cigars
or offer to take you on a tour of the city. Your hotel (new ones are
opening at a pace) will give you personal recommendations. Guides are
available to help you make the most of the treasures hidden behind the
streets and alleyways of old Havana.

There is music around every street corner. Just a couple of turns off
Obispo, the main street in Old Havana, will lead you into squares like
jewels, restaurants in the shade of leafy courtyards filled with roaming
chickens, and museums aplenty. One of the intriguing things about museums
in Havana is that most have a school attached to them, so that children
can literally grow up surrounded by their history and culture. Pictures
of Che Guevara dominate not only the Plaza de la Revolucion but also
many school classrooms. His presence, along with that of Fidel Castro,
permeates everything in post-revolutionary Cuba.

Artists work off many of the main squares and will invite you to watch
them at work as well as sell you their wares (licences are required
for export). The trademark Havana post-war American cars, still used
on a daily basis, some held together literally with elastic bands and
old coat hangers (I joke not), pass by on the street and can be seen
parked outside the Museo de la Revolucion and near the Parque de Fraternidad.

So, what does all this have to do with shipping? A lot. Due to trade
embargoes with the USA (at the time of going to print the first US shipment
of aid since 1961 had arrived in Cuba for survivors of the recent hurricanes),
food and goods not produced on the island are imported by ship. And
produce, such as lobster, is exported as far as Japan.

After the break-up of the former Soviet Union, a great deal of foreign
aid to Cuba stopped and the island was nearly crippled by lack of external
investment. However, over the last decade the growth of the tourist
industry has brought foreign investment, and dollars, back into the
country. Joint ventures with foreign businesses, though not yet (officially)
with America, are on the increase. Unofficially, it is said that Cuban
families in Miami support and probably own most of the non-state-owned
restaurants in Havana. I met lots of American tourists, who fly in via
Mexico. Most said US trade embargoes should be lifted.

Enroute to the port and situated in one of the prettiest squares at
the very heart of Old Havana, La Calle de los Oficious, is the Cuban
law firm Rado & Associates. It is well placed to advise on joint
ventures with Cuba and is the recognised shipping practice in the country.
Set up in 1994, the firm dealt exclusively with maritime affairs for
the government but now its legal services have broadened from advising
P&I clubs to surveying, cargo inspection, shipmanagement, port advice
and claims as well as representing clubs in law suits and arbitrations
in Cuba.

Cuban jurisdiction is similar to Roman law. There are three levels
of courts – Regional, Provincial and the Supreme Court. The Provincial
Court is where most claims are heard, but arbitration or mediation is
the general rule for settling cases. Normally there is an agreement
at the outset not to go to the Supreme Court. Ninety per cent of Rado’s
foreign work is provided by P&I clubs, and several of the firm’s
lawyers have spent time in the UK office as well as at London maritime
law firms. Captain Cambes and Captain Blanco are both former Cuban Mercantile
Marine officers and advise on condition surveys, collisions and pollution

"The traditional industries of fishing and transportation are
on the decrease in Cuba, but Havana is increasingly prepared for trade
embargoes to be lifted with the US," said Meisi Weis and Alina
Copperi of Rado & Associates.

"The firm can advise foreign investors not only on legal issues
but can also give general advice to people wanting to set up businesses
in Cuba, including feasibility studies, and valuations of assets. We
can connect investors to architects, engineers, auditors and accountants.
We also advise on insurance, risk management and real estate."

One of the main new hotels, The Hotel Tulip on Parque Central, is owned
by a Dutch company. This is a departure from the post-revolutionary
state ownership of all business in Cuba. Time will tell what foreign
investment will do to influence and shape Cuba’s future. Rado &
Associates are just part of a greater move, and mood, of businesses
that are interested in developing maritime and corporate legal connections
around the world

"You have to talk about the Cuban culture," enthuses Alina
Copperi, who likens it to the coffee that’s drunk black, with sugar,
in copious amounts. "It is rich and everybody likes it. We are
a happy people, we love music, painting, theatre and dancing. There
is a great fusion of different cultures and races here but we are bound
by a strong self-belief, a sense of belonging and solidarity.

"We are loyal, friendly, clear and direct to do business with,"
she concludes.


Warning–Maturity Under Attack

Have you ever noticed that when you’re of a certain age, everything
seems uphill from where you are? Stairs are steeper. Groceries are heavier.
And, everything is farther away. Yesterday I walked to the corner and
I was dumbfounded to discover how long our street had become!

And, you know, people are less considerate now, especially the young
ones. They speak in whispers all the time! If you ask them to speak
up they just keep repeating themselves, endlessly mouthing the same
silent message until they’re red in the face! What do they think I am,
a lip reader?

I also think they are much younger than I was at the same age. On the
other hand, people my own age are so much older than I am. I ran into
an old friend the other day and she has aged so much that she didn’t
even recognize me.

I got to thinking about the poor dear while I was combing my hair this
morning, and in doing so, I glanced at my own reflection…….. Well,
REALLY NOW. even mirrors are not made the way they used to be!

Another thing, everyone drives so fast today! You’re risking life and
limb if you just happen to pull onto the freeway in front of them. All
I can say is, their brakes must wear out awfully fast, the way I see
them screech and swerve in my rear view mirror.

Clothing manufacturers are less civilized these days. Why else would
they suddenly start labeling a size 10 or 12 dress as 18 or 20? Do they
think no one notices that these things no longer fit around the waist,
hips, thighs, and bosom?

The people who make bathroom scales are pulling the same prank, but
in reverse. Do they think I actually "believe" the number
I see on that dial? HA! I would never let myself weigh that much! Just
who do these people think they’re fooling?

I’d like to call up someone in authority to report what’s going on
— but the telephone company is in on the conspiracy too: they’ve printed
the phone books in such small type that no one could ever find a number
in here!

All I can do is pass along this warning: Maturity is under attack!
Unless something drastic happens, pretty soon "everyone" will
have to suffer these awful indignities.


A Bad Day–Various Examples


A woman came home to find her husband in the kitchen shaking frantically,
almost in a dancing frenzy, with some kind of wire running from his
waist towards the electric kettle. Intending to jolt him away from the
deadly current, she whacked him with a handy plank of wood, breaking
his arm in two places. Up to that moment, he had been happily listening
to his Walkman.


Two animal rights protesters were protesting the cruelty of sending
pigs to a slaughterhouse in Bonn, Germany. Suddenly, all two thousand
pigs broke loose and escaped through a broken fence, stampeding madly.
The two hopeless protesters were trampled to death.


There was a case in one hospital’s Intensive Care ward where patients
always died in the same bed, on Sunday morning, at about 11am, regardless
of their medical condition.

This puzzled the doctors and some even thought that it had something
to do with the supernatural. No one could solve the mystery as to why
the deaths occurred around 11 A. M. on Sundays. So a Worldwide team
of experts was assembled to investigate the cause of the incidents.
The next Sunday morning, a few minutes before 11am, all doctors and
nurses nervously wait outside the ward to see for themselves what the
terrible phenomenon was all about. Some were holding wooden crosses,
prayer books and other holy objects to ward off the evil spirits. Just
when the clock struck 11… Pookie Johnson, the part-time Sunday sweeper,
entered the ward and unplugged the life support system so that he could
use the vacuum cleaner.


The average cost of rehabilitating a seal after the Exxon Valdez oil
spill in Alaska was $80,000. At a special ceremony, two of the most
expensively saved animals were being released back into the wild amid
cheers and applause from onlookers. A minute later, in full view, a
killer whale ate them both.

[source: Paul Dixon]


Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a weekly digest of news and views on the
maritime industries, with particular reference to legal issues and dispute
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week and republished within firms and organisations all over the maritime
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