The waters are dangerous to navigation
Posted in the Top Stories Forum
Since: Jan 10
Saint Petersburg, Russia
#1 Jan 29, 2010
On January the 15th, 2010 the District Court of Hong Kong announced the sentencing of the four sailors in the case of a collision April 22, 2008 Ukrainian tug, Naftogaz-67 "and the Chinese dry cargo ship" Yaohay, it was a real shock to the international experts.
According to the verdict of the court, the captain of the Ukrainian vessel Yuri Kulemesin received the largest term - 3 years and 2 months.
"Everyone was confident that everything will be fine, and nobody thought that the situation could well turn out," - said Yuri Korchevsky, head of foreign economic activity and commercial exploitation of Navy public company "Chernomorneftegaz", which belonged to a transport-tug. In other words, before the end of the meeting there was self-confidence and conviction that the court will make a fair decision.
Besides Yuri Kulemesin (which on Sunday marked 46 years), 38-year-old captain bulker Liu also sentenced up to 2 years and 4 months, a senior pilot - 62-year-old Tang Doc Va to 3 years old and the youngest pilot, 49 -year-old Bruce Chun Wah Tak - up to 2 years and 4 months (Hong Kong pilots carried "Yaohay" through the strait; across the strait. All the seamen present are "Sea Wolf: Yuri Kulemesin 25 years spent at sea, Tang Doc Va (62 years)- 39 years).
According to Yuri Korchevsky, who was in the courtroom, all present, and those representatives of the various maritime organizations such as Lloyd, Maritime Institute, Marine Department of Hong Kong and several others, the judge's decision provoked outrage.
The fact is that, at the hands of the parties was a report of Marine Department of Hong Kong, indicating that gross violations in the actions of Captain transportation tugboat was not. Marine Department, in their findings indicates that the behavior of the captain of the tug comes under rule 17 of the International Regulations for Preventing Collisions (COLREGS)- Action vessels, which give way, while the Chinese captain and the pilot was immediately applicable to 3 points: 6 - Safe speed 8 - and 16 of late - of the vessel, which frees up the road. Based on this expertise (as it was based on modeling the situation and its comprehensive study), the crime in the actions of Captain Naftogaz-67 "Sea Hong Kong authorities did not see.
In turn, the judge has put the blame on the captain Kulemesin violation COLREGS p.5 (Monitoring), Clause 8 (action for prevention of collision) and p.9 (swimming in narrow); remaining defendants accused of violating rules COLREGS pm. 5 and 8.
Thus, the existing contradiction in the official conclusions of the report on maritime case of Hong Kong Marine Department and the judge. Judge Susanna D'Almada Remedios took no note of the situation and mistakenly crossing courses typically used COLREGS item 9, which Derzhflotinspektsiya Ukraine received an official response from the Hong Kong Government, represented by the Marine Department, which clearly indicates that COLREGS rule does not apply in this situation.
Returning to the same process and its results, I should say that professionals and experts the world are raised his hands: as now interpreted and guided by the rules - those that dictate Hong Kong Marine Department, which determines its own rules and regulates the movement of water in the region, or those who proclaimed the judge? There is conflict in the application of the rules, and sailors, who swim in these waters, do not know how to behave in emergency situations. Marine Department has already said that will examine the conclusions of the court.
Ukrainian side, lawyers said Yuri Korchevsky carefully examine the verdict, his every line. Of appeal is 28 days. And it must be filed.
One hopes that the International Maritime Organization, operators and insurance companies will make conclusions from this incident and say the word, as all understand that right tomorrow on the ground may appear Ukrainian people and their boats.
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