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No.8 of Ten Model Cases regarding Arrest and Auction of Vessels by Maritime Courts across the Country: Case regarding Application of Minmetals International Shipping Co., Ltd. for the Arrest of “HOI CHI”
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全国海事法院船舶扣押与拍卖十大典型案例之八：五矿国际货运有限责任公司申请扣押“海芝”轮案
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No.8 of Ten Model Cases regarding Arrest and Auction of Vessels by Maritime Courts across the Country: Case regarding Application of Minmetals International Shipping Co., Ltd. for the Arrest of “HOI CHI”
全国海事法院船舶扣押与拍卖十大典型案例之八：五矿国际货运有限责任公司申请扣押“海芝”轮案
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| No.8 of Ten Model Cases regarding Arrest and Auction of Vessels by Maritime Courts across the Country: Case regarding Application of Minmetals International Shipping Co., Ltd. for the Arrest of “HOI CHI” | | 全国海事法院船舶扣押与拍卖十大典型案例之八：五矿国际货运有限责任公司申请扣押“海芝”轮案 |
| (1) Basic Facts | | （一）基本案情 |
| On September 6, 2000, Minmetals International Shipping Co., Ltd. (hereinafter referred to as “Minmetals Company”) and Hainan Longzhu Shipping Co., Ltd. (hereinafter referred to as “Longzhu Company”) entered into a bareboat charter party, which stipulated that Minmetals Company chartered the vessel, “HOI CHI,” which was operated by Longzhu Company in a bareboat charter manner and the charter period was one year + one year + one year, which was up to Minmetals Company. In November 2000, both parties reached an agreement on redelivery of the vessel and Minmetals Company returned “HOI CHI” to Longzhu Company; however, Longzhu Company still owed Minmetals Company the bareboat charter security deposit and other funds amounting to 3,483,887.37 yuan. On January 18, 2002, Minmetals Company filed an application for preservation of maritime claim before the institution of an action with the Ningbo Maritime Court and requested the Court to arrest “HOI CHI” operated by Longzhu Company in a bareboat charter manner that was berthing at Wenzhou Port and to order Longzhu Company to provide a guarantee of 4 million yuan. | | 2000年9月6日，五矿国际货运有限责任公司（以下简称五矿公司）与海南龙珠船务有限公司（以下简称龙珠公司）签订光船租赁协议，承租龙珠公司光租经营的“海芝”轮，租期为1年+1年+1年，由五矿公司选择。2000年11月，双方达成还船协议，五矿公司将“海芝”轮交还龙珠公司，但龙珠公司拖欠五矿公司光租保证金及其他款项3483887.37元。2002年1月18日，五矿公司向宁波海事法院提出诉前海事请求保全申请，要求扣押龙珠公司光租经营的停泊在温州港的“海芝”轮，责令龙珠公司提供400万元的担保。 |
| (2) Judgment | | （二）裁判结果 |
On January 21, 2002, the Ningbo Maritime Court rendered a ruling to approve the application of Minmetals Company for preservation of maritime claim before the institution of an action and arrested “HOI CHI” at the liquefied gas wharf of Xiaomen Island, Wenzhou City. It was found upon investigation that “HOI CHI” was owned by Ocean Link Shipping Limited registered in the St. Vincent and the Grenadines. On August 5, 1999, it was leased to Longzhu Company in a bareboat charter manner, the formalities for the bareboat charter registration were handled at the Haikou Port Affairs Administration, and it was a vessel subject to the supervision and administration of the Customs. After the arrest of “HOI CHI,” Minmetals Company, China Shipbuilding Trading Co., Ltd. as the vessel mortgagee, and Zhuhai Hongzhou Shipping Co., Ltd. as the vessel manager, filed lawsuits in the Ningbo Maritime Court, respectively; since the seamen of the vessel failed to obtain remunerations, they agreed that the captain would act as their representative to demand payments; and the Haikou Customs applied for its claims and required that the relevant taxes should be withheld in the process of auction of the vessel. After the judgment of the case between Minmetals Company and Longzhu Company for disputes over a bareboat charter party came into force, upon application of Minmetals Company, the Ningbo Maritime Court rendered a ruling to auction “HOI CHI” at the price of 23.38 million yuan (including taxes). After the litigation fees, state tax revenues, vessel custody fees, and auction fees were preferentially appropriated, the balance of proceeds arising from the auction was distributed to all creditors according to the law.
．．．．．． | | 2002年1月21日，宁波海事法院作出裁定，准许五矿公司的诉前海事请求保全，并在温州小门岛液化气码头扣押了“海芝”轮。经查，“海芝”轮登记为圣文森特和格林纳汀斯的力涛航运有限公司（OCEAN LINK SHIPPING LIMITED）所有，1999年8月5日光租给龙珠公司经营，并在海口港监办理了船舶光租登记，属海关监管船舶。“海芝”轮扣押后，五矿公司、船舶抵押权人中国船舶工业贸易公司、船舶管理人珠海市宏舟船务有限公司分别向宁波海事法院提起诉讼；全体船员因得不到劳动报酬，商定由船长作为代表起诉讨要工资；海口海关申请债权，要求在船舶拍卖过程中，扣缴相关税款。五矿公司与龙珠公司光租租赁合同纠纷一案判决生效后，宁波海事法院根据五矿公司的申请，裁定拍卖“海芝”轮，以2338万元（含税款）成交。在优先拨付诉讼费用、国家税收、船舶保管、拍卖等费用后，余款由各债权人依法受偿分配。
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