Maritime Law and Practice in China
Page 107
CHAPTER 9
Carriage of passengers by sea
Carriage of passengers by sea
9.1 Carriage of passengers by sea in China is subject to the relevant provisions in the CMC 1992 and the relevant contract of carriage of passengers by sea. A contract of carriage of passengers by sea is a contract where the carrier undertakes to carry passengers and their luggage, as the case may be, by sea from one port to another, by ships suitable for that purpose against payment of fare by the passengers.1 The provisions regarding the carriage of passengers by sea in the CMC 1992 apply to both the international carriage of passengers by sea and the coastal carriage between Chinese ports including the direct carriage between a port in rivers and lakes and a sea port through sea waters.2 Both the CMC 1992 and the Contract Law apply to the contract of carriage of passengers by sea in China.3Athens Convention
9.2 The applicable international convention for carriage of passengers by sea is the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (the “Athens Convention”) and the Protocol to the Athens Convention 1976 (the “1976 Protocol”).4 The 1976 Protocol made the unit of account the Special Drawing Right, replacing the “Poincaré franc”, based on the “official” value of gold, as the applicable unit of account. In 1994, China acceded to the Athens Convention and 1976 Protocol. The contents of the CMC 1992 are similar to those in the Athens Convention, and the carrier’s liability and the limitation of liability are the same in the CMC 1992 and the 1976 Protocol. 9.3 The Athens Convention shall apply to any international carriage if:5- (a) the ship is flying the flag of, or is registered in, a State Party to the Convention, or
- (b) the contract of carriage has been made in a State Party to the Convention, or
- (c) the place of departure or destination, according to the contract of carriage, is in a State Party to the Convention.