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INTERDISCIPLINARY MARITIME PRACTICE WORKSHOP SERIES II Eighth (8th) SESSION

INTERDISCIPLINARY MARITIME PRACTICE WORKSHOP SERIES II Eighth (8th) SESSION ON THURSDAY 15th June 2017

This is the second series of workshops with a theme of “Interdisciplinary Maritime Practice” (IMP), which is jointly organized by The Hong Kong Logistics Management Staff Association (HKLMSA), C.Y. Tung International Centre for Maritime Studies, PolyU (ICMS) and the Hong Kong Seamen Union (HKSU). It employs the same methodology and format like the IMP Workshop Series I of 2014, which was conceived to cover the entire lifespan of a ship, from the decision to purchase to its final loss or scrapping, and to provide a platform for eminent professionals from the Hong Kong Maritime Industry to share their expertise and valuable experience with fellow professionals, young entrants in particular, in the shipping fraternity of the Greater China Region, in interactive sessions of Q&A discussions.

 

The Eighth Session of the IMP Workshop Series II is on Casualty Management Part I with focus on Loss of Life, Pollution & Environmental Damages, Special Compensation or SCOPIC, Removal of Wreck and Collision Liability, with a case study as follows:

When a major maritime casualty occurs….

Tanker collision with a container carrier – fire on board – crew abandoned vessel, most rescued but few missing – LOF signed – vessel being towed to port of refuge – grounded enroute within port limit – a fuel tank breached, slight pollution – Salvors triggered SCOPIC – inspection revealed serious damages to ship – Ship-owners tendered notice of abandonment to H&M Underwriters – cargo STS discharged onto sister-vessel and forwarded to destination – Salvors continued making efforts to refloat vessel …

Guest moderator for this 8th Session will be Mr. Rohan Bray from Steamship Mutual P&I Club, Hong Kong, who will take lead to discuss on the management of the above-mentioned issues. Mr. Raymond Wong who will preside over the case study will join the discussions on treatment of the claims arising from the respective issues in the context of General Average, Property and Liability Insurances.

 

All members, non-members and guests are cordially invited to attend the Eighth Workshop.

Eighth Workshop:

Time/Date :       7:00 pm – 9:45 pm on Thursday 15th June 2017

Venue :                HK Polytechnic University Room QR403 (entrance through Core R)

Language :         English (Questions in Cantonese and/or Putonghua are welcomed, though)

Charge :              Members – HK$50.00  Non-members – HK$100.00

 

Parties who are interested can contact Miss Catherine Chow at Tel: 2771-6180 or info@hklmsa.org.hk for details, or by using this link.

*Please note that sandwiches will be served during the break at about 8.30pm to participants. Hence it would be appreciated if confirmation for attendance can be made as far as possible to facilitate the catering.

The Panel of Moderators is:

Raymond TC Wong          Chairman of IST and Honorary Advisor of HKLMSA

Prof. Chin-Shan Lu           Director of ICMS

Manson Cheung                Executive Member of both ICSHK and HKLMSA

Cho Hor Wong                  Executive Member of HKLMSA

Dr. Tze Leung Yip             Deputy Director of ICMS

 

Supporting Organizations

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IFSPA 2017 – INDUSTRIAL SESSION

IFSPA 2017 – INDUSTRIAL SESSION

Celebrating the 80th anniversary of The Hong Kong Polytechnic University (PolyU) in 2017 the C.Y. Tung International Centre for Maritime Studies (C.Y. Tung ICMS) and the Department of Logistics and Maritime Studies (LMS) of The Faculty of Business (FB) are organizing the 9th International Forum on Shipping, Ports and Airports (IFSPA) 2017 in Hong Kong, from 22nd to 25th May 2017.

 

The Institute of Seatransport, participating in the event, will conduct an Industrial Session on Wednesday afternoon, 24th May 2017, focusing on the professional expertise on marine insurance practice, and the role of Hong Kong as an international maritime centre under OBOR.

 

Mr. Raymond T C Wong, Chairman of the Institute, and Principal of Asia Maritime Adjusting (Hong Kong), will take lead with support of Mr. C H Wong and guest moderators (maritime claims practitioners) to present a 2-hour interactive workshop on:

PRACTICAL ASPECTS OF MARINE INSURANCE – From Casualty to Collection of Claims:

(a) General and Particular Average on Ship (arising from loss of steering control whilst the vessel was proceeding with cargo in containers);

(b) Constructive Total Loss of Vessel (arising from a collision at sea resulting in the vessel voluntarily beaching with cargo on board).

Various issues arising from the casualties where the vessel is insured on Hull & Machinery and Increased Value subject to Institute Time Clauses will be discussed, including:

  • General Average – Identifying GA; decision to declare GA; port of Refuge Expenses; substituted Expenses; insurance on Average Disbursements; provision of security and demand of security; place of Adjustment; applying claim to policies of insurances; Cargo’s refusal to contribute
  • Particular Average – Cause of damage and onus of proof; due diligence proviso; when did the damage occur – which Policy pays; how many accidents and deductibles are involved; what can be claimed – method of repairs and reasonable cost of repairs
  • Constructive Total Loss –  Options open to the Assured; Notice of Abandonment; onus of proof on the Assured; what goes in to calculating CTL on figures; Sue & Labour Charges in addition to CTL

Mr. C H Wong, Member of the Institute, and Director of Five Oceans Maritime Ltd. will then present on:

THE ROLE OF Hong Kong AS AN INTERNATIONAL MARITIME CENTRE UNDER OBOR which will examine its position as an International Ship Finance Centre (ISFC) and International Logistics Hub (ILH).

Wednesday, 24th May 2017

Venue:                       HK Polytechnic University Room R1205

Programme:           1330 – 1530        Practical Aspects of Marine Insurance

 1530 – 1600        Coffee Break – Net-Working

 1600 – 1700        One Belt One Road

Medium:                   English (Questions in Cantonese &/or Putonghua are welcome, though)

Charge:                     Free

For those who are interested, please enrolment by using this link.

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HULL & MACHINERY, PROTECTION & INDEMNITY, OFFSHORE UNITS AND SPECIALIZED VESSELS

INTER-DISCIPLINARY MARITIME PRACTICE WORKSHOP SERIES II

Seventh (7th) SESSION ON THURSDAY 18th May 2017

This is the second series of workshops with a theme of “Inter-disciplinary Maritime Practice” (IMP), which is jointly organized by The Hong Kong Logistics Management Staff Association (HKLMSA), C.Y. Tung International Centre for Maritime Studies, PolyU (ICMS) and the Hong Kong Seamen Union (HKSU). It employs the same methodology and format like the IMP Workshop Series I of 2014, which was conceived to cover the entire lifespan of a ship, from the decision to purchase to its final loss or scrapping, and to provide a platform for eminent professionals from the Hong Kong Maritime Industry to share their expertise and valuable experience with fellow professionals, young entrants in particular, in the shipping fraternity of the Greater China Region, in interactive sessions of Q&A discussions.

The Seventh Session of the IMP Workshop Series II is on MARINE INSURANCE with focus on the risks covered as Hull & Machinery, Protection & Indemnity, Offshore Units and Specialized Vessels.

Guest moderators for this 7th Session will be Mr. Sid Lock and Mr. Thorbjorn Emmanuelson from Gard (HK) Ltd.

All members, non-members and guests are cordially invited to attend the Seventh Workshop.

Seventh Workshop:

Time/Date : 7:00 pm – 9:45 pm on Thursday 18th May 2017

Venue          : HK Polytechnic University Room PQ303

Language   : English (Questions in Cantonese and/or Putonghua are welcomed, though)

Charge        : Members – HK$50.00 Non-members – HK$100.00

Parties who are interested can contact Miss Catherine Chow at Tel: 2771-6180 or info@hklmsa.org.hk for details, or by using this link.

The Panel of Moderators is:

      

Supporting Organizations

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VALUE OF VARIOUS MARITIME PROFESSIONAL SERVICES

INTER-DISCIPLINARY MARITIME PRACTICE WORKSHOP SERIES II

Fifth (5th) SESSION ON THURSDAY 16th March 2017

This is the second series of workshops with a theme of “Inter-disciplinary Maritime Practice” (IMP), which is jointly organized by The Hong Kong Logistics Management Staff Association (HKLMSA), C.Y. Tung International Centre for Maritime Studies, PolyU (ICMS) and the Hong Kong Seamen Union (HKSU). It employs the same methodology and format like the IMP Workshop Series I of 2014, which was conceived to cover the entire lifespan of a ship, from the decision to purchase to its final loss or scrapping, and to provide a platform for eminent professionals from the Hong Kong Maritime Industry to share their expertise and valuable experience with fellow professionals, young entrants in particular, in the shipping fraternity of the Greater China Region, in interactive sessions of Q&A discussions.

The Fifth Session of the IMP Workshop Series II is on the topic of VALUE OF VARIOUS MARITIME PROFESSIONAL SERVICES with focus on the challenges and provision of high quality technical consultancy services in the marine sector today including the application of specific expertise in areas such as:-

Guest moderators for this 5th Session will consist of Messrs. Matthew Fenton and Richard Gains, both Partners of Brookes Bell Hong Kong.

All members, non-members and guests are cordially invited to attend the Fifth Workshop.

Parties who are interested can contact Miss Catherine Chow at Tel: 2771-6180 or info@hklmsa.org.hk for details, or by using this link.

The Panel of Moderators is:

      

Supporting Organizations

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Building a Universal Ship Trading Platform (“USP”)

All members, non-members and guests are cordially invited to attend our coming evening seminar on Building a Universal Ship Trading Platform (“USP”)

About the Talk

Facing a mushroom of Fintech innovations in online trading nowadays, can we trade ships on the Internet? The answer is positive. It will bring down trading cost and operation cost substantially. Moreover, it can avoid most disputes arising from ambiguous terms.  Paradoxically, these terms are implanted by both parties (often represented by brokers) with an original intent to complete a deal. These implantations have always transformed a well-tested standard contract into distorted terms making room for arguments. One primary objective of the USP is to avoid or at

least minimize such ambiguity. Capt. Chu will explain the idea in more details in the seminar, by quoting some contractual terms and illustrating operational problems

commonly encountered in the existing system.  Questions (on sale and purchase) as well as challenges to the idea of USP will be discussed.

 

About the Speaker

Capt. Peter Chu, Director of South Express Ltd.

In 1966 Peter set his foot on a foreign going ship as cadet, since then ship has become a part of his life. He trained the crew and assessed the competency for their certificates; he surveyed ships and carried out casualty investigations; enforced marine legislation; took part in marine arbitration; gave witness in local and foreign courts. In the recent days, his company handles ships for demolition and second hand trading, as well as other related shipping projects.

 

Topic              :Building a Universal Ship Trading Platform (“USP”)

Speaker          :Capt. Peter Chu Chi Tung

Date & Time  :7 March 2017 (Tuesday)         1830 – 2030 hrs.

Venue              :No. 1 Conference Room, 37/F., China Merchants Tower,

                          Shun Tak Centre, 152-155 Connaught Road C., Hong Kong

Language        :Cantonese, Mandarin, English

Charge             :$50/person for Members, $100/ person for Non-Members

Free of charge for Young Members

For those interested persons, please kindly contact info@seatransport.org before 1st March 2017 for our appropriate arrangement.

We thank you for your attention and look forward to seeing you all in that evening.

Yours faithfully,

Chan Kam Wing / Activities Sub-Committee

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AATalk: November 2016

Hong Kong Maritime Awareness Week, 12th-18th November 2016, was jointly organized by the Hong Kong Shipowners Association and the Hong Kong Maritime Museum, arranging various activities and functions with a view to introducing and promoting the development of the HK maritime industry to the younger generation. A few members of the Institute of Seatransport (IST), including Ms. Karen Cheung, Mr. Thomas Cheung and the Editor of this AA Talk column (here below referred to as “I” and “me”), gave talk to secondary school students on maritime careers (shipping lawyer, insurance broker and average adjuster respectively).

Hong Kong Maritime Industry Week (HKMIW 2016), 20th-27th November 2016, was organized by the Hong Kong Maritime and Port Board to “propel Hong Kong” as a renowned international maritime centre. The objectives were to make Hong Kong a preferred based for operating maritime business, and to foster interest and professionalism in various port and maritime services.

During the HKMIW 2016, to celebrate Hong Kong as an international maritime centre that provides superb maritime and port facilities and services, international and local industry luminaries and practitioners came together for a myriad of diversified and fun-filled activities ranging from industry briefings, seminars and conferences, corporate functions, maritime- themed sports to networking events.

The IST was joint organizer of the “Maritime Law Seminar” and “An Interactive Workshop on Marine Insurance and Average”.

Maritime Law Seminar – On Monday evening, 21st November 2016, Ms. Rosita Lau, who was awarded the individual prize at the Lloyd’s List Asia Awards winning the Asia Maritime Lawyer of the Year Award, gave a superb bilingual presentation to over 80 participants at the venue in the China Taiping Tower, highlighting the effect of three recent judgments, namely:

The “Res Cogitans” (2016)

Grand China Logistics Holding (Group) v. Spar Shipping (2016)

Volcafe Ltd. & Others v. Compania Sud Americana De Vapores (2016).

Hopefully the commentary on these law cases will be published in future issue(s) of “SEAVIEW”.

An Interactive Workshop on Marine Insurance and Average – On Friday evening, 25th November 2016, a panel consisting of Messrs. Jon Zinke, Rohan Bray, Stephen Cheng, Thomas Cheung, Richard Oakley and I presented to an audience of exactly 80 at the same venue provided by China Taiping Insurance Co., Ltd. (a) Game Plan for Procurement of Marine Insurance and (b) a hypothetical collision between a container vessel and tanker off the China coast; various aspects were examined, including liability, salvage, pollution, limitation, jurisdiction, cargo claims and general average; also the scope of shipowners’ needs and the interplay between hull and P&I underwriters were discussed.

Readers are requested to visit http://www.hkmiw.hk/english/index.html for more information about the HKMIW 2016.

50 Years in Average Adjusting

I joined the profession of Average Adjusting in November 1966. It was excitingly co-incidental that I was spending my 50th anniversary during the Hong Kong Maritime Industry Week.

On the 9th November I received unexpectedly an email from Mr. D John Wilson, the popular Editor of the 10th, 11th & 12th editions of Lowndes and Rudolf on the Law of General Average and The York Antwerp Rules, advising that his old friend and partner is now 88 years of age! The email reminded me of having burnt the midnight oil for 5 evenings in Tokyo in 1984 reading carefully the draft analysis prepared by John Wilson (who was then based in Tokyo) on the ITC HULLS 1.10.83. The book was for internal use of Richards Hogg International, the world leading average adjusting firm and has never been published to the public though arrangements were made to have the book translated into Chinese and published in Taiwan in 1988. John kindly granted me the copy right to produce the second edition to which I did not pay much attention since I never imagined that after 30+ years, the ITC-Hulls 1/10/83 remains being the most popular standard clauses!

Another prominent average adjuster, Mr. Christopher J Barstow who spent some 8 years working in Hong Kong, 1975/82, visited Hong Kong during November and a small get together lunch with few old colleagues and clients (with large complicated claims) was full of joy and laughter – those were the days!

A question was raised – What is the most interesting case I have ever had?

In 1984, a 2-year old tanker whilst proceeding in ballast under a time charter in the Arabian Gulf to load cargo for the Far East, was hit by a missile in the accommodation, followed by fire.

The crew failing to fight the fire abandoned the ship and was picked up by Royal Saudi Navy ships with the injured ones being sent to hospital. The fire was subsequently extinguished and the vessel towed to a safe place in Bahrain waters by salvage tugs under LOF. Inspection revealed severe damage to the vessel’s wheelhouse/ accommodation. Specification for repairs was drawn up and tenders for repairs invited from shipyards. The quotations ranged from US$2.45m requiring 100 days (Dubai) to US$4.50m requiring 60 days (Singapore) whilst a shipyard in Japan quoted US$3.40m requiring 45 days. The Shipowners decided to tow the damaged vessel from Bahrain waters to Japan for repairs!

The professionals assisting the Shipowners included mainly the Insurance Brokers, the Solicitors (for the salvage proceedings and possible legal action against the time charterers) and the Average Adjusters. We attended frequent meetings in the early stages to follow up closely on the progress of the casualty. We did not have mobile phones and we had to standby at home after the office. Over the very first weekend, these professionals arranged to standby together playing mahjong at my home, which was quite relaxing though, as anticipated, intermittently.

The most interesting and exciting adjusting aspect in this case was to consider the choice of repair yard which was most material in determining the “reasonable cost of repairs” in terms of the policy of insurance. The investigations on this topic involved considerable correspondence and meetings with various parties concerned, also third parties (other independent ship- owners, technical consultants, etc.) focusing on quality of repair work, war risk, the Dubai Dockyard and time on repairs. After giving due consideration to the outcome of the investigations, I set out a comparison of the overall financial position had repairs been effected at Dubai as against Japan taking into account repairs etc. necessary for towage, towage cost and insurance premiums, tender price for repairs, cost of repairs additional to the original specification, spares used on additional repairs, superintendence on permanent repairs, additional insurance premiums on war risks, loss of hire and the likely effect on the ship’s value, resulting in it being in favour of the Shipowners’ choice. Obviously the last two items are conjectural and are taken in to account to test the Shipowners’ argument that on commercial grounds alone repair at a Japanese yard was to them the prudent choice.

The test that seems to be closest to what the Courts have held is “What would the prudent uninsured owner have done?” It was believed that in this case two paramount considerations led to the Shipowners avoiding the use of the Dubai Dockyard, namely its geographical position, unhealthily close to the war zone, and its then unproven ability to repair the particular type of damage in a satisfactory and timely manner.

The claim on policy of insurance was satisfactorily approved and settled by London Underwriters. I would stress that the claim was successful only under the prevailing circumstances in 1984.

Before November 2016 ended, I received an excellent gift to mark my 50- year average adjusting career, which was an extract from a message of a Lloyd’s syndicate to an Insurance Broker:

“…we are hopeful that the assured will take on board the helpful comments and observations from TCW in their draft adjustment as well as the various adjusting scenarios that TCW has presented. The figures presented by TCW in the draft adjustment represent the professional assessment of a respected and very experienced average adjuster who has reviewed the presented sue & labour claim on a completely impartial basis. The TCW adjustment carries considerable weight and is a credible assessment of those costs which would be considered reasonable in all the circumstances.”

(Mr. Raymond T C Wong: Average Adjuster)

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Project Management & Shipbuilding

INTER-DISCIPLINARY MARITIME PRACTICE WORKSHOP SERIES II

THIRD (3rd) SESSION ON THURSDAY 19th JANUARY 2017

This is the second series of workshops with a theme of “Inter-disciplinary Maritime Practice” (IMP), and is jointly organized by The Hong Kong Logistics Management Staff Association (HKLMSA), C.Y. Tung International Centre for Maritime Studies, PolyU (ICMS) and the Hong Kong Seamen Union (HKSU). This IMP Series II (2) will follow the same methodology and format like the IMP Workshop Series I launched in January 2014, which was conceived to cover the entire lifespan of a ship, from the decision to purchase to its final loss or scrapping, and designed to provide a platform for eminent professionals from the Hong Kong Maritime Industry to unreservedly share their view and valuable experience with those professionals, young entrants in particular, in the shipping fraternity of the Greater China Region. IMP S1 was conducted in interactive and mind-provoking sessions, the value of which was clearly endorsed by most of the participants who requested incessantly for the repeat of a similar programme for months after the completion of IMP S1 December 2015. Responding to such earnest requests, the IMP Committee, have through its relentless efforts, succeeded in re-introducing an innovative, educational and interesting programme in IMP S2, in monthly 2.5-hour workshop sessions commencing on 29th November 2016.

The Third Session of the IMP Workshop Series II is on the topic of PROJECT MANAGEMENT & SHIPBUILDING. The Project Management will be based on the model of an Offshore Wind Energy project in the Greater China Region, and the various related maritime fields, viz., construction of specialized vessels and port facilities etc. The Shipbuilding will look at the practical issues faced in Shipbuilding Contracts and related areas.

The Panel of Moderators & Advisors is made up of:

Raymond TC Wong        Chairman of IST and Honorary Advisor of HKLMSA

Prof. Chin-Shan Lu         Director of ICMS

Manson Cheung              Executive Member of both ICSHK and HKLMSA

Cho Hor Wong                 Executive Member of HKLMSA

Dr. Tze Leung Yip             Deputy Director of ICMS

Mr. Thomas Cheung      CEO of CTX Special Risks Limited

Mr. Franco Sze                  Senior Advisor of China Taiping Insurance (HK) Company Limited

Mr. Jagmeet Makkar       Founder of Pastiche Holdings & Past Chairman of the Institute of Chartered Shipbrokers

Guest moderators will consist of:

Mr. Jagmeet Makkar       Founder of Pastiche Holdings & Past Chairman of the Institute of Chartered Shipbrokers

A Guest Moderator from Brookes Bell Group to be confirmed

 

All members, non-members and guests are cordially invited to attend the Second workshop.

The Theme of Second Workshop: Project Management & Shipbuilding

Time/Date :  7:00 pm – 9:45 pm on Thursday 19th January 2017

Venue :     HK Polytechnic University Room PQ306

Language :   English (Questions in Cantonese and/or Putonghua are welcomed, though)

Charge :   Members – HK$50.00  Non-members – HK$100.00

Parties who are interested can contact Miss Catherine Chow at Tel: 2771-6180 or info@hklmsa.org.hk for details, or register directly online using the link.

We would like to advise that there will be two further workshop sessions to be added to the programme as follows:

Tenth Workshop: Ship Management, Operations & Technical Maintenance (17th August 2017)
Eleventh Workshop: Ship Chartering, Administration & Sale & Purchase (21st September 2017)

Supporting Organizations