Friday, August 22, 2008

Pirates hijack four ships off Somalia

By Mike Pflanz in Nairobi in www.telegraph.co.uk
Last Updated: 3:45PM BST 22 Aug 2008

Somali pirates operating in the strategically vital Gulf of Aden have hijacked a record four ships with almost 100 crew onboard in less than 48 hours.

A German-owned cargo ship was the latest vessel to be attacked on Thursday, after Iranian, Japanese and Malaysian boats were seized the day before.

A warship drawn from an international naval coalition based in the Gulf of Aden was today tracking three of the ships. At least one Filipino crew member has been injured.

The Gulf of Aden, linking the Indian Ocean to the Mediterranean Sea, is used by 17,000 ships a year carrying 3.3 million barrels of oil a day from the Middle East to Europe.

But the waters off Somalia have now become the world's most dangerous, with 35 hijackings so far this year, 29 of them along the northern Gulf of Aden coast.

Pirates have become bolder in recent months, motoring far out into international waters to attack commercial vessels, oil tankers, private yachts and even cruise liners.

Attackers use small speedboats to approach, and are armed with rocket propelled grenades and automatic weapons. Ships are usually released after a ransom is paid, a practice which shipping experts say will encourage more attacks.

"Somalia has no central government. We are worried that more may join the pirates to hijack ships because it's very lucrative and there is no deterrent," said Noel Choong of the International Maritime Bureau.

The country also has no coastguard, and in June the United Nations Security Council voted to allow international navies to cross into Somali territorial waters to hunt pirate ships.

"The United Nations is the only agency that can stop this menace," said Mr Choong.

"The international community has to agree to find ways to solve this worsening problem. That is the only way forward."

Wednesday, August 20, 2008

Pasha Bulker - Media gets awards for good coverage

Pasha storm prompts a surge of media awards

BY LISA BARRITT-EYLES
11/08/2008 11:40:00 AM
in www.theherald.com.au

NEWSPAPER, radio and television coverage of last year's Pasha Bulker storm has been recognised at the 2008 Northern NSW Journalism Awards.

The Herald collected five prizes at the awards ceremony held at Customs House Hotel on Saturday night.


NBN Television's Paul Lobb was named journalist of the year for his report on the grounding of the Pasha Bulker on Nobbys Beach. He also won best television journalist and best TV news report.


The Herald's Greg Wendt won best print news report for his account of the grounding. The Central Coast Sun Weekly's Phil Hearne was named best photographer and won best news photograph for his pictures of flooding over the June long weekend.


Best radio journalist, the radio news report award and the all media best use of the medium title went to the 1233 ABC Newcastle news team for its coverage of the devastating storm.


The Herald's other winners were: reporter Ben Smee, who won the all media speciality journalism award for his series on violence in Newcastle; photographers Darren Pateman, for best sport photography for "Jets road to glory", and Natalie Grono, best feature photography for "Byron Blues"; and graphic designer Grant Sproule was named all media best editorial artist or cartoonist for his digital illustration "Inside sport".


The most outstanding contribution to journalism award went to Namoi Valley Independent's Ron McLean. The Northern Star's Samantha Turnbull was presented with the Tom Barrass award for regional journalism.

The awards, known as the Prodis, recognise media excellence in Northern NSW.

Criminalisation of ship's officers in case of oil pollution

It is true that in the case of an oil pollution, the ship's officers can be criminally liable.

The ship management companies should be aware of all the consequences and the fact that the law is different in different countries.

It is then a necessity that shipmanagement companies also advise and train their masters about the laws and make them aware of their position in case of an oil spill whether directly or indirectly caused by them.

Pilot of oil-spill ship wants trial moved

From : www.sfgate.com

The pilot of the container ship that struck the Bay Bridge in November and spilled more than 50,000 gallons of fuel oil into San Francisco Bay asked a federal judge Monday to move his criminal trial to Fresno, saying inflammatory news coverage - chiefly by The Chronicle - has prejudiced Bay Area jurors against him.

A review of hundreds of newspaper articles about the spill, the resulting environmental damage, and the alleged misdeeds of Capt. John Cota shows that it would be "difficult, if not impossible, for him to receive a fair trial before an unbiased jury" in San Francisco, Cota's lawyers said in papers filed with a federal judge.

They asked that the trial, scheduled to begin Nov. 17, be transferred to Fresno. As an alternative, they asked the judge to order stringent measures to screen jury members for bias, including exclusion of other prospective jurors from the courtroom while each panel member is questioned.

Cota was piloting the 901-foot Cosco Busan when it struck the second tower west of Yerba Buena Island in a thick morning fog Nov. 7. Spilled oil killed more than 2,000 birds and reached as far north as Bolinas and as far south as the San Mateo County coast.

Cota is charged with two misdemeanors, for allegedly piloting the ship negligently and for killing or wounding migratory birds, and with two felonies, for allegedly lying to the Coast Guard in annual physical exams about the medicine he was taking. The misdemeanor charges are to be tried first, followed by a separate trial on the felony counts.

The ship's operating company, Fleet Management Ltd. of Hong Kong, has been charged with criminal negligence and with falsifying documents to impede a federal investigation.

In Monday's filing, Cota's lawyers said an expert analysis of some of the more than 200 articles The Chronicle has published about the spill found consistently negative references to Cota.

The articles stressed the size of the spill, quoted a state investigation that blamed Cota, and delved into his past conviction for drunken driving and the medication he took for a sleep disorder, defense lawyer Jeffrey Bornstein said in court papers. He said the articles also "misleadingly attributed certain statements" to Cota that amounted to a confession.

In addition, Bornstein said, extensive coverage of the environmental damage and cleanup costs by The Chronicle and other Bay Area newspapers has given local jurors "a larger stake in the outcome of the trial because the event is seen as a crime against the community."

From : http://www.sfgate.com/
19th August 2008

Thursday, August 14, 2008

ITF meets Hebei Spirit seafarers held in Korea

From www.itfglobal.org
1st August 2008

ITF officials have met with two merchant ship officers held in Korea as a result of an incident involving their vessel, the Hebei Spirit. This led to a major oil spill disaster in a Korean port last December.

Shigeru Wada, ITF Asia-Pacific Regional Secretary, Mahendra Sharma, ITF Deputy Asia-Pacific Regional Secretary and Hye Kyung Kim, ITF Co-ordinator for Korea, met Captain Chalwa and Chief Officer Chetan in Seoul yesterday. They reported that the men were determined to prove their innocence and had been heartened by the rising chorus of support for them.

Recently acquitted of all charges of violating the state’s ocean pollution law by a South Korean court, the men are still being held after local prosecutors appealed the decision.

However, the officers were said to be more optimistic about their future after receiving news of a demonstration in Mumbai, India, yesterday, organised jointly by the National Union of Seafarers of India and the Maritime Union of India. This led to a pledge by the Indian government to take up their plight with the Korean government and the International Maritime Organization, and a promise from the Korean consul to raise the matter in Seoul.

ITF General Secretary David Cockroft, who will meet with Justice Ministry officials in Seoul on the men’s behalf today, commented: “The Hebei Spirit spill was and is a desperately serious matter for those affected – including thousands of people living or working in the area. They need compensation and help, and we can only hope to understand their shock and outrage at the severe and unexpected damage to their lands and livelihood.”

“The desire to prevent such an accident occurring again is praiseworthy and doubtless motivated by the best intentions. However, two men who have already been found innocent of involvement have been caught up in that effort and it is time to stand back, reconsider and then release them.”

Last week the shipping industry and the ITF issued a joint appeal for the men’s release.

Protests over unfair detention of seafarers in Korea


From : www.itfglobal.org
25th July 2008

International Transport Workers' FederationOrganisations from across the world’s shipping industry this week issued a vigorous joint protest over the continuing unjust detention of two merchant ships’ officers from the tanker Hebei Spirit.

The Hong Kong registered vessel was struck by a crane barge last December outside the South Korean port of Taean, which led to an oil spill. Captain Jasprit Chalwa and Chief Officer Syam Chetan were recently acquitted of all charges of violating the nation’s ocean pollution law by a South Korean court.

The round table of international shipping associations – BIMCO, International Chamber of Shipping, International Shipping Federation, INTERCARGO and INTERTANKO – as well as the ITF, the International Group of P&I Clubs, and the Hong Kong Shipowners’ Association made the statement on Tuesday. In it they conveyed their concern to the Korean authorities over news that the courts had decided to continue to detain the ship’s officers, pending further hearings, despite their acquittal.

The statement said that the criminalisation of seafarers could not be supported, “nor unjust, unreasonable and unfair treatment that is contrary to the principles agreed to worldwide in the United Nations’ International Maritime Organization (IMO) and International Labour Organization (ILO) Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident.”

“We appeal to the government of the Republic of Korea to take the necessary action to ensure that the seafarers are immediately permitted to return to their homes,” the statement read.



From :
www.itfglobal.org
25th July 2008

Strong protests at detention of seafarers in Korea

www.porttechnology.com
22nd of July 2008.

A strong statement in support of the Hebei Spirit officers being held in Korea has been made today by the Round Table of international shipping associations, the ITF, the International Group of P&I Clubs and the HK Shipowmners' Association.

It has been sent to the press and media as well as to the Korean Ambassador in London, the Indian Ambassador in Seoul, and Korea's Permanent Representative at the IMO.

The statement issues a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships’ officers from the tanker Hebei Spirit , who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation’s ocean pollution law following last year’s oil spill when a floating crane collided with the Hebei Spirit.

Shipping World Protests at Unfair Detention of Seafarers in Korea.

Organisations from across the world’s shipping industry today issued a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships’ officers from the tanker Hebei Spirit who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation’s ocean pollution law, following last year’s oil spill when a floating crane collided with the Hebei Spirit.

We - the Round Table of international shipping associations (BIMCO, International Chamber of Shipping (ICS), International Shipping Federation (ISF), INTERCARGO and INTERTANKO), the International Transport Workers’ Federation (ITF), the International Group of P&I Clubs (IG), and the Hong Kong Shipowners’ Association - wish to convey to the government and authorities of the Republic of Korea our surprise, disappointment and great concern at the news that Korea’s courts have determined to continue to detain the ship’s officers, despite their acquittal, for possibly as long a year pending further hearings. Such measures appear to be unjustified, unreasonable and in contravention of the men’s rights. We strongly believe that they should be permitted to leave the country.

We remind those responsible for the continued detention of Captain Jasprit Chalwa and Chief Officer Syam Chetan, that the trial determined that another vessel which had been towing the floating crane which struck the anchored tanker was wholly responsible for the incident. Despite this finding they have continued to be detained, notwithstanding their own and their employers’ assurance that, should a further trial take place, they would attend it.

The two officers have been detained in Korea since 7 December and we believe from recent experience in similar cases that such continued unjust detention may well affect the physical and mental health of the two men. This could be avoided by permitting them to return home now to their families until such time as they are needed to assist any further investigation in Korea.

As an industry serving international society, we remain committed to protecting the environment and to the prompt and thorough investigation of accidents at sea. We are committed to bringing to justice those involved in intentional actions that may damage the marine environment.

However, we cannot and will not support the criminalisation of seafarers, nor unjust, unreasonable and unfair treatment that is contrary to the principles agreed to worldwide in the United Nations’ International Maritime Organization (IMO) and International Labour Organization (ILO) Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident.

We appeal to the Government of the Republic of Korea to take the necessary action to ensure that the seafarers are immediately permitted to return to their homes.

www.porttechnology.com
22nd of July 2008.

Indian sailors’ plight might deter others - India provides 6% of the personnel in the global shipping industry

From Livemint.com
Dated July 28th, 2008

Two Indian sailors of a vessel that spilled oil off South Korea’s coast have been detained in that country despite being acquitted by a court in South Korea, another instance that makes seafaring an unattractive career option for Indians, industry insiders say.
“This incident will not earn brownie points in choosing this as a career,” said Rajesh Tandon, managing director of V Ship India Pvt. Ltd, the Indian unit of Monte Carlo-based V. Ships Group, one of the biggest ship management firms.
India provides 6% of the personnel in the global shipping industry. About 26,900 of them are working as officers on board ships globally, with some 18,000 employed on foreign-registered ships, according to the Indian National Shipowners Association, or Insa. But, the industry is struggling to attract talent because of its demanding nature.
“Extremely demanding job profile with early-stage answerability of higher volume and magnitude, management of high-cost assets, risk of safety, physical and mental stress...are some major problems already facing the profession,” said J.K. Dhar, principal, LBS College of Advanced Maritime Studies and Research.
“We are telling maritime training institutes to hide this incident from young boys looking to take up a career at sea,” said S.S. Kulkarni, secretary general of Insa.
On 23 June, a branch of the Daejeon district court in Seosan, South Korea, found Jasprit Chawla, master of the tanker Hebei Spirit, and chief officer Syam Chetan, as well as the owner of the vessel, Hebei Ocean Shipping Co. Ltd, innocent of all charges of violating the country’s ocean pollution laws. South Korea, however, extended an exit ban on the officers for another year after the government filed an appeal in a higher court.
On 7 December, the Hebei Spirit, a crude oil carrier, was struck while at anchor at the Daesan port by a passing crane-carrying barge, causing punctures to the ship’s hull that spilled some 11,000 tonnes of crude oil.

From Livemint.com
Dated July 28th, 2008

Indian seafarer unions to protest Hebei Spirit detentions

From www.seatradeasia-online.com
Dated 31st July 2008

The National Union of Seafarers of India and the Maritime union of India are to mount a joint demonstration at the Korean consulate in Mumbai today in support of the two Indian seafarers connected to the Hebei Spirit case. Despite being acquitted by a Korean court on charges of violating the ocean pollution law, Jasprit Chawla, master of the tanker Hebei Spirit, and chief officer Syam Chetan are still under detention in Korea pending an appeals process that could take up to a year.

The unions are of the opinion that this action is unjustified and violates the seamen’s basic human rights. The demonstration carries the support of the Indian National Shipowners Association.

The 269,605dwt Hebei Spirit suffered a collision with a barge on December 7, spilling about 10,900 tonnes of crude oil, linked to fouling along the Yellow Sea coast.

The skippers of the Samsung Heavy Industries-owned barge and of one of the tugs have been arrested and charged with negligence and violating anti-pollution laws. The seamen have the right to pursue the matter in a high court under Korean law. The second tugboat captain was not detained but indicted on similar charges.

The VLCC's insurer Skuld has agreed to pay up to 12bn won ($12.5m) for clean-up costs.

From www.seatradeasia-online.com
Dated 31st July 2008

Monday, August 4, 2008

Important steps to clean up air

Published in www.dailybulletin.com on 3rd Aug 2008.

Thanks to state regulators, ships calling at the ports of Los Angeles and Long Beach are going to have to switch to less-polluting fuel within a year. Still, that's not soon enough.

The new state regulations, approved by the Air Resources Board, require ships to use cleaner-burning fuel when they are near the coast, starting in July 2009. Much to their credit, ARB officials persisted even after a federal judge ruled last year that the ARB had no authority to set emission standards. Instead, the ARB regrouped and announced it was setting fuel standards, not air standards.

Smart thinking, but residents downwind of the voluminous pollution won't have to wait a year for cleaner air. The ports have gone ahead on their own.

Rather than penalties, the two ports are using incentives. If ship operators agree to reduce speed to 12 knots and switch to cleaner, low-sulfur fuel within 24 to 40 nautical miles from shore, the ports will reimburse them for the difference in cost. This amounts to as much as $9.9 million a year for the Port of Long Beach and $8.6 million for the Port of L.A.

Four weeks into the program, 14 carriers operating 136 ships had signed up. Thousands of tons of the worst kinds of pollution, diesel emissions and potentially carcinogenic particulates, will be removed from Southern California's air.

That's good news for Inland Valley residents, who because of prevailing westerly winds have to breathe what's emitted in and around the ports. Particulate matter from diesel exhaust has been implicated in causing reduced lung function among inland children, who are more likely to develop asthma than those who breathe cleaner air.

Air pollution affects adults, too. The Air Resources Board estimates that nearly a million workdays a year are lost to pollution-related illnesses.

International shipping organizations have opposed local regulation, and they are right about one thing: these rules ought to be imposed worldwide. But that's not an excuse for doing nothing.

Californians, especially those residing downwind of the nation's busiest port complex, don't have to wait for the rest of the world to wake up to this menace. They deserve cleaner air now.

When rules and penalties don't work or are too slow in coming, the ports should act on their own. That's what both Long Beach and L.A. have done with ships' bunker fuel, which is the dirtiest in the world.

Next are trucks and trains. The benefits of the ports' $2 billion Clean Trucks Program will be felt within a matter of months, and trains should be not far behind.

Published in www.dailybulletin.com on 3rd Aug 2008.

Friday, August 1, 2008

Strong protests at detention of seafarers in Korea (22 July 2008)

Dated 22nd July 2008.

From www.porttechnology.org

A strong statement in support of the Hebei Spirit officers being held in Korea has been made today by the Round Table of international shipping associations, the ITF, the International Group of P&I Clubs and the HK Shipowmners' Association.

It has been sent to the press and media as well as to the Korean Ambassador in London, the Indian Ambassador in Seoul, and Korea's Permanent Representative at the IMO.

The statement issues a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships’ officers from the tanker Hebei Spirit , who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation’s ocean pollution law following last year’s oil spill when a floating crane collided with the Hebei Spirit.

Shipping World Protests at Unfair Detention of Seafarers in Korea

Organisations from across the world’s shipping industry today issued a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships’ officers from the tanker Hebei Spirit who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation’s ocean pollution law, following last year’s oil spill when a floating crane collided with the Hebei Spirit.

We - the Round Table of international shipping associations (BIMCO, International Chamber of Shipping (ICS), International Shipping Federation (ISF), INTERCARGO and INTERTANKO), the International Transport Workers’ Federation (ITF), the International Group of P&I Clubs (IG), and the Hong Kong Shipowners’ Association - wish to convey to the government and authorities of the Republic of Korea our surprise, disappointment and great concern at the news that Korea’s courts have determined to continue to detain the ship’s officers, despite their acquittal, for possibly as long a year pending further hearings. Such measures appear to be unjustified, unreasonable and in contravention of the men’s rights. We strongly believe that they should be permitted to leave the country.

We remind those responsible for the continued detention of Captain Jasprit Chalwa and Chief Officer Syam Chetan, that the trial determined that another vessel which had been towing the floating crane which struck the anchored tanker was wholly responsible for the incident. Despite this finding they have continued to be detained, notwithstanding their own and their employers’ assurance that, should a further trial take place, they would attend it.

The two officers have been detained in Korea since 7 December and we believe from recent experience in similar cases that such continued unjust detention may well affect the physical and mental health of the two men. This could be avoided by permitting them to return home now to their families until such time as they are needed to assist any further investigation in Korea.

As an industry serving international society, we remain committed to protecting the environment and to the prompt and thorough investigation of accidents at sea. We are committed to bringing to justice those involved in intentional actions that may damage the marine environment.

However, we cannot and will not support the criminalisation of seafarers, nor unjust, unreasonable and unfair treatment that is contrary to the principles agreed to worldwide in the United Nations’ International Maritime Organization (IMO) and International Labour Organization (ILO) Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident.

We appeal to the Government of the Republic of Korea to take the necessary action to ensure that the seafarers are immediately permitted to return to their homes.

From www.porttechnology.org

ITF calls for return of Hebei Spirit officers (8th July 2008)

Tuesday, 08 July 2008

From www.mgn.com

The ITF today appealed to the South Korean authorities to allow the two Hebei Spirit officers found innocent of causing an oil spillage to return home. Both men, backed by the ship manager V Ships, have given assurances that they will return as and when any further trial takes place, following the local prosecutors’ surprise decision to appeal against the judgement that exonerated them of involvement in the spill, which took place last December when their ship was struck by a crane barge while at anchor. Two tug captains were jailed and the crane operator fined in the same trial, which found the Hebei Spirit men Captain Jasprit Chalwa and Chief Officer Syam Chetan innocent.

ITF Maritime Coordinator Steve Cotton said: “Captain Chalwa and Chief Officer Chetan have asked to be able to go home pending what might be a wait of many, many months before any possible further hearing, which they, with V Ships’ full support, have pledged to attend. We can see no possible reason why they should not be allowed to do so.” He continued: “The ITF unequivocally condemns any attempt to avoid investigation of matters that affect safety on board or damage to the environment - but this is clearly not one of those cases. The authorities have found that these men have committed no unlawful act. Depriving them of their freedom will not further the investigation in any way and will only serve to cause them further distress.”

He concluded: “The ITF, supported by its affiliates worldwide, is committed to assist every seafarer who is unfairly criminalised and to bring his or her case to the attention of the international shipping regulatory bodies. We see no reason why these men should not return to their families, and are calling upon the Daejeon District Prosecutor’s Office to grant such permission as a matter of urgency.”

Shippers protest at SKorea exit ban on tanker crew (22nd July 2008)

From : AFP news

SEOUL (AFP) — Two officers from a Hong Kong supertanker have been banned from leaving South Korea despite being cleared of blame for the country's worst oil spill, world shipping organisations complained Wednesday.

The eight groups in a statement jointly protested against "the continuing unjust and unreasonable detention" of the captain and chief officer of the Hebei Spirit, and appealed to the government to let them leave immediately.

A court on June 23 jailed two South Korean tugboat captains for causing the spill last December but acquitted the tanker officers and the ship's owner, Hong Kong-registered Hebei Ocean Shipping.

But because prosecutors plan to appeal that ruling, a court has banned captain Jasprit Chawla and chief officer Syam Chetan -- both Indian nationals -- from leaving the country.

The shipping groups in a statement expressed "surprise, disappointment and great concern" that the officers may be refused permission to leave the country for possibly as long a year pending further hearings.

"Such measures appear to be unjustified, unreasonable and in contravention of the men's rights."

The accident happened when a barge carrying a crane snapped its cables to two tugs in rough seas and rammed the anchored 147,000-ton Hebei Spirit, holing it in three places and spilling 10,900 tons of crude.

Scores of marine farms and miles of beaches, notably in Taean county about 110 kilometres (69 miles) southwest of Seoul, were smothered in oil.

The groups include BIMCO, the world's biggest private shipping organisation.

They said the officers, who are staying in a Seoul apartment, have been refused permission to leave the country since the accident occurred.

The shipping groups said "such continued unjust detention may well affect the physical and mental health of the two men." It pledged they would return to the country to assist any further investigations.

"They have done nothing wrong but their whole career has been interrupted," said Ferdi Stolzenberg, spokesman for the ship managers. "They want to go home to their families. Everyone has given undertakings that they will return."

Chawla, 39, is married with two children while Chetan, 33, is married with a one-year-old son.

"I missed my son's first birthday, which I'm not very happy about," Chetan told the industry newspaper Lloyd's List recently.

Friends and family in India cannot understand how "we've been found innocent but have not come back," he said.

A prosecutor involved in the case told AFP on condition of anonymity that "it's impossible to lift the exit ban because the appeals process is underway."

From : AFP news

Indian seafarer unions to protest Hebei Spirit detentions (31st July 2008)

Mumbai: The National Union of Seafarers of India and the Maritime union of India are to mount a joint demonstration at the Korean consulate in Mumbai today in support of the two Indian seafarers connected to the Hebei Spirit case. Despite being acquitted by a Korean court on charges of violating the ocean pollution law, Jasprit Chawla, master of the tanker Hebei Spirit, and chief officer Syam Chetan are still under detention in Korea pending an appeals process that could take up to a year.

The unions are of the opinion that this action is unjustified and violates the seamen’s basic human rights. The demonstration carries the support of the Indian National Shipowners Association.

The 269,605dwt Hebei Spirit suffered a collision with a barge on December 7, spilling about 10,900 tonnes of crude oil, linked to fouling along the Yellow Sea coast.

The skippers of the Samsung Heavy Industries-owned barge and of one of the tugs have been arrested and charged with negligence and violating anti-pollution laws. The seamen have the right to pursue the matter in a high court under Korean law. The second tugboat captain was not detained but indicted on similar charges.

The VLCC's insurer Skuld has agreed to pay up to 12bn won ($12.5m) for clean-up costs.

http://www.seatradeasia-online.com/News/2928.html

ITF meets Hebei Spirit seafarers held in Korea (1st August 2008)

From www.itfglobal.com.

ITF officials have met with two merchant ship officers held in Korea as a result of an incident involving their vessel, the Hebei Spirit. This led to a major oil spill disaster in a Korean port last December.

Shigeru Wada, ITF Asia-Pacific Regional Secretary, Mahendra Sharma, ITF Deputy Asia-Pacific Regional Secretary and Hye Kyung Kim, ITF Co-ordinator for Korea, met Captain Chalwa and Chief Officer Chetan in Seoul yesterday. They reported that the men were determined to prove their innocence and had been heartened by the rising chorus of support for them.

Recently acquitted of all charges of violating the state’s ocean pollution law by a South Korean court, the men are still being held after local prosecutors appealed the decision.

However, the officers were said to be more optimistic about their future after receiving news of a demonstration in Mumbai, India, yesterday, organised jointly by the National Union of Seafarers of India and the Maritime Union of India. This led to a pledge by the Indian government to take up their plight with the Korean government and the International Maritime Organization, and a promise from the Korean consul to raise the matter in Seoul.

ITF General Secretary David Cockroft, who will meet with Justice Ministry officials in Seoul on the men’s behalf today, commented: “The Hebei Spirit spill was and is a desperately serious matter for those affected – including thousands of people living or working in the area. They need compensation and help, and we can only hope to understand their shock and outrage at the severe and unexpected damage to their lands and livelihood.”

“The desire to prevent such an accident occurring again is praiseworthy and doubtless motivated by the best intentions. However, two men who have already been found innocent of involvement have been caught up in that effort and it is time to stand back, reconsider and then release them.”

Last week the shipping industry and the ITF issued a joint appeal for the men’s release.

From www.itfglobal.com.

Hong Kong Tanker Owners Protest South Korean Indictment of Crew in Oil Spill

By Claudia Blume
Hong Kong
25 January 2008

Published in www.voanews.com

The owners of a Hong Kong-registered oil tanker involved in South Korea's worst oil spill say the South Korean decision to indict the ship's officers for the incident is unjust. The owners say the crew should in fact be commended. Claudia Blume reports from Hong Kong.

Last December, the Hebei Spirit, a Hong Kong-registered tanker, was at anchor off the west coast of South Korea.

A drifting South Korean crane barge, which had broken free from the tugboat towing it, punched holes in the tanker's sides. More than 10,000 tons of crude oil poured from the tanker into the sea, coating a 45-kilometer stretch of the coast. It was the largest oil spill in South Korean history.

This week, South Korean prosecutors indicted the director of Samsung Heavy Industries, which owns the barge and the tugboat, as well as three South Korean crew members.

The prosecutors also indicted the captain and the chief officer of the Hebei Spirit, accusing them of criminal negligence while on duty.

Robert Bishop is the chief executive officer of ship management company V. Ships, which manages the Hebei Spirit. He says there was nothing the crew could have done to prevent the collision.

At a news conference in Hong Kong, Bishop said the captain's actions should be applauded instead of condemned.

"What he has been accused of is far from the truth, or far from the reality of what happened, shall we say. So the consequence when all this comes to court should be that we are able to demonstrate that in actual fact, his performance was exemplary and the highest manner of good seamanship," he said.

South Korean prosecutors say the Hebei Spirit's chief officer was negligent in performing his lookout duty. They also say the captain failed to take measures to prevent the collision, such as quickly hauling up the tanker's anchor.

The Hebei Spirit's managers maintain, however, that the officers did detect the erratic behavior of the crane barge early on and alerted marine traffic authorities. And they say lifting the anchor would not have helped as it takes at least 40 minutes to do so.

Arthur Bowring is the managing director of the Hong Kong ship owners' association. He says his organization objects to South Korea's indictment of the two officers.

"We are very disappointed with any maritime authorities who indict crew members who have been involved in an accident. It's not following basic human rights, it's not following the general course of legal issues," he said.

The two indicted officers, both Indian nationals, are not in custody, but have to stay in South Korea to await their trial. If convicted, they and the mainland Chinese owner of the Hebei Spirit, who was also indicted, face up to a year in prison and a fine of $150,000.

From www.voanews.com

Hebei Spirit master faces three-year jail term

This article is from lloyds list.

By Keith Wallis in Hong Kong - Thursday 19 June 2008.

Hebei Spirit: The collision caused South Korea's worst oil spill.
SOUTH Korean prosecutors are seeking jail terms of up to three years for the masters and crew of four vessels, including the tanker Hebei Spirit, that were involved in the country’s worst oil spill last December.

This is despite the Hebei Spirit being anchored at the time of the collision with the drifting crane barge, Samsung No 1, which had broken its tow.

Prosecutors have also called for a Won30m ($29,120) fine against both Samsung Heavy Industries and Hebei Ocean Shipping for their role in the incident. The three year prison terms and fines are the maximum allowed under Korean law.

Jasprit Chawla, master of the 1993-built, 268,605 dwt single-hull Hebei Spirit, faces three years imprisonment for breaking maritime pollution laws. Prosecutors want a two year sentence against chief officer Syam Chetan for the same offence. Capt Chawla and Mr Chetan have been living in Korea since the incident and while they have not been detained they have been unable to leave the country.

Prosecutors also demanded that the master of one of the tugs should be jailed for three years and fined Won5m, while the masters of another tug and the Samsung No 1 should be jailed for one year for pollution and maritime related offences.

The Seosan branch of Daejeon district court in South Chungcheong province, on South Korea’s west coast close to where the incident occurred, is expected to issue its verdict next Monday.

The tug and barge masters have been on remanded in custody since the end of December and under South Korea law must be released or sentenced within six months of being detained. Insiders said that because the court is due to give its verdict close to the end of that six month period “it did not bode well” and all those involved would be jailed.

“There’s still a chance the Hebei Spirit’s Indian master and engineer will be released. There is also a chance their jail sentence will be suspended” meaning they could go free, said one insider.

But the source added that even if the sentences were suspended it would still result in a criminal conviction for both men "who are still in the 30s and in the prime of their careers". Consequently, "their whole shipping careers would be finished because with criminal convictions they are not going to get visas for the US and other countries".

The insider added: "There are limits to what they would be able to do. And their 20 year future service would be down the drain.”

The incident occurred around 0650 hrs on December 7 when the Samsung No 1 was being towed by the two tugs during stormy weather conditions. A tow line between the barge and one of the tugs broke, causing the barge, still with the other line attached to drift into the tanker in the storm force winds.

Despite taking emergency measures, including loosening the anchor chain, the crew onboard the fully loaded tanker were unable to prevent the collision which holed three cargo tanks and spilled about 10,500 tonnes of oil.

The oil came ashore along South Korea’s west coast causing the country’s worst environmental disaster with economic losses estimated in billions of Won. The most badly affected area was a 375km stretch around Taean county.

The Hebei Spirit is owned by an offshoot of Chinese company Hebei Ocean Shipping and managed by V.Ships who were not prepared to comment in case it prejudiced court proceedings.

Commenting at the time, V.Ships chief executive Bob Bishop said: “The master and chief officer followed in an exemplary manner the procedures and practices of the utmost good seamanship, to the extent that I think they went far beyond what might have been considered normal good practice.”

Hebei Spirit master and chief officer face retrial

From : Lloyds list- 30th June 2008.

TWO senior officers from the Hebei Spirit who were cleared last week of pollution charges will face a retrial after South Korean prosecutors gave notice they would appeal against the decision.

Hebei Spirit Shipping, the single ship offshoot of China’s Hebei Ocean Shipping, also faces a retrial along with three South Korean tug and barge masters and Samsung Heavy Industries.

Jasprit Chawla, master of the Hong Kong-flagged tanker, and chief officer Syam Chetan will have to remain in South Korea until the case is heard even though they were found innocent last Monday.

Insiders said they may have to remain in the country until at least next year.

Sources said that while the two men have been given their passports back they would be unable to get an exit visa allowing them to leave. Efforts are being made to persuade South Korean officials to let the men leave the country on bail.

“They have been told Capt Chalwa and Mr Chetan will come back for the trial if they are allowed to leave, but so far there has not yet been a positive response from prosecutors,” said one source close to the case.

Insiders point to the example of Apostolos Mangouras, the Greek master of the Prestige who was freed from prison in Spain in February 2003 after the London P&I Club agreed to provide his €3m ($3.24m) bail.

Nobody at Skuld, the Hebei Spirit’s P&I Club, was available to comment on whether the club would be willing to post a similar surety to let Capt Chawla and Mr Chetan return home. But insurance sources said that while each case would have to be considered on its merits, the fact the two Indian nationals had been cleared at the earlier hearing would bode well.

Commenting on the case, Hong Kong Shipowners’ Association managing director Arthur Bowring said: “It is very disappointing. We wish them well and hope they are out soon.”

Hebei Ocean Shipping is a member of the association through is North China Shipping subsidiary.

Asked by Lloyd’s List if there was anything Hong Kong’s Marine Department could do to try to get them out of Korea pending the retrial, department director Roger Tupper said: “As the flag state we have been monitoring this case closely through our representatives in the Republic of Korea. We are aware of the intention to appeal by the authorities in the ROK.”

Prosecutors have a month to lodge their grounds for appeal against the decision by the Seosan branch of Daejeon district court to clear the two officers of any involvement in causing South Korea’s worst oil spill. But a retrial date has yet to be agreed.

Samsung Heavy Industries must also lodge its appeal documents by the end of July. The firm is unhappy about the Won30m ($29,120) fine and the jail sentences imposed on the masters of two barges. One barge captain was jailed for three years marine pollution offences and fined Won5m for falsifying navigation records, while the other was jailed for one year for pollution offences.

These relate to the collision on December 7 between the 1993-built, 268,605 dwt single-hull tanker Hebei Spirit and a crane barge operated by Samsung. The barge smashed into the fully-loaded tanker ripping open three cargo holds after one of the two tow lines broke in heavy weather. More than 10,500 tonnes of oil spilled from the anchored vessel to cause extensive pollution along South Korea’s west coast.

This article is from Lloyds List