Posted: November 28th, 2023

Maritime Accident Investigation and Prevention in Chinese Ports: An Analysis of Best Practices and Lessons Learned

Maritime Accident Investigation and Prevention in Chinese Ports: An Analysis of Best Practices and Lessons Learned

Maritime accidents are events that cause damage or loss to ships, cargo, environment, or human life in the sea or inland waters. They can have serious consequences for the safety, security, and economy of the maritime industry and the coastal regions. Therefore, it is important to investigate the causes and circumstances of maritime accidents and to prevent them from happening again.

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China is one of the largest maritime nations in the world, with a coastline of over 18,000 kilometers and a vast network of inland waterways. China's ports handle more than 40% of the world's container traffic and more than 20% of the world's oil imports. However, China also faces many challenges and risks in its maritime sector, such as high traffic density, complex weather conditions, human errors, equipment failures, piracy, terrorism, and environmental pollution. According to the statistics of the China Maritime Safety Administration (MSA), there were 3,378 maritime accidents in China's coastal and inland waters in 2020, resulting in 268 deaths, 99 missing persons, and 1.36 billion yuan of direct economic losses.

To improve the safety and efficiency of its maritime operations, China has established a comprehensive legal and regulatory framework for maritime accident investigation and prevention. The main laws and regulations governing this field are:

- The Maritime Traffic Safety Law of PRC, which stipulates the principles, responsibilities, and procedures for maritime traffic safety management and accident investigation.
- The Regulations of PRC on the Investigation and Handling of Maritime Traffic Accidents, which specify the jurisdiction, scope, methods, and standards for maritime accident investigation and handling.
- The Regulations of PRC Concerning the Administration of Traffic Safety on Inland Waters, which provide the rules and measures for ensuring the safety of navigation on inland waterways.
- The International Convention for the Safety of Life at Sea (SOLAS), which sets the minimum safety standards for ships and their equipment, crew, operations, and emergency response.
- The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), which establishes the requirements for the training, qualification, and competence of seafarers.
- The Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), which provides the guidelines and best practices for conducting a professional and impartial safety investigation into a marine casualty or incident.

According to these laws and regulations, the China MSA is the competent authority for investigating marine casualty accidents in PRC coastal and inland waters, as well as accidents involving China-flagged ships in international waters. The China MSA exercises jurisdiction over 14 MSAs directly under the Ministry of Transport (MOT), covering the nation’s coastal waters, the Yangtze River, the Pearl River and the Heilongjiang River. The scope of its maritime investigation includes maritime traffic accidents in the nation’s coastal and inland waters, as well as marine traffic accidents involving China-flagged ships in international areas. Investigation of marine traffic accidents are conducted by 14 MSAs directly under MOT, following the principle of priority for territoriality jurisdiction with ship registry port jurisdiction as the supplement. Maritime traffic accidents occurring in port areas are investigated by the relevant MSA in charge of the port area. Maritime traffic accidents occurring beyond port areas are investigated by the relevant MSA in charge of the nearest port or the vessel’s first port of arrival in China. If necessary, the China MSA may designate a subordinate MSA to investigate an accident.

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The main objectives of maritime accident investigation are to identify the cause of maritime traffic accidents, establish liability, impose administrative penalties on violations of maritime traffic rules, recommend measures for improving maritime traffic administration, in order to maintain maritime traffic safety and protect the safety of life and property at sea. The China MSA follows a systematic process for conducting maritime accident investigation, which includes:

- Reporting: The master or person in charge of a ship involved in a maritime accident shall report to the nearest MSA without delay. The report shall include information such as the name and nationality of the ship, the time and place of the accident, the nature and extent of damage or loss, the number of casualties or missing persons, etc.
- On-site investigation: The MSA shall dispatch investigators to the scene of the accident as soon as possible to collect evidence, interview witnesses,

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