1. Chapter 5 Maritime Lien

2. 一、 Definition of maritime liens(ML) ： CMC Art. 21 A maritime lien is the right of the claimant, subject to the provisions of Article 22 of this Code, to take priority in compensation against shipowners, bareboat charterers or ship operators with respect to the ship which gave rise to the said claim.

3. （一）法定性：权利主体的确定性和义务主体的不 确定性 Legal nature ： the determinacy of subject of right and the indeterminacy of subject of duty （二） The main subject matter of maritime lien is the concerned ship and its appurtenances. （三）处分权是 ML 的另一个权能 Disposition is another right of maritime lien. 二、 Characteristics of ML （四） priority （五）必须通过司法程序行使（第 28 条） Article 28 A maritime lien shall be enforced by the court by arresting the ship that gave rise to the said maritime lien. （六）秘密性和依附性（第 26 条） Article 26 Maritime liens shall not be extinguished by virtue of the transfer of the ownership of the ship, except those that have not \been enforced within 60 days of a public notice on the transfer of the ownership of the ship Made by a court at the request of the transferee when the transfer was effected.

4. 三、 Maritime claims secured by ML （ Art.22) (CMC Art.22 The following maritime claims shall be entitled to maritime liens: ) Payment claims for wages, other remuneration, crew repatriation and social insurance costs made by the Master, crew members and other members of the complement in accordance with the relevant labour laws, administrative rules and regulations or labour contracts; 1 Claims in respect of loss of life or personal injury occurred in the operation of the ship; 2 Payment claims for ship's tonnage dues, pilotage dues, harbour dues and other port charges; 3 Payment claims for salvage payment; 4 Compensation claims for loss of or damage to property resulting from tortious act in the course of the operation of the ship. 5

5. CMC Art. 23 CMC Art. 24 四、 Priority of ML The maritime claims set out in paragraph 1 of Article 22 shall be satisfied in the order listed. However, any of the maritime claims set out in sub- paragraph(4) arising later than those under sub-paragraph (1) through (3) shall have priority over those under sub-paragraph (1) through (3). The legal costs for enforcing the maritime liens, the expenses for preserving and selling the ship, the expenses for distribution of the proceeds of sale and other expenses incurred for the common interests of the claimants, shall be deducted and paid first from the proceeds of the auction sale of the ship.

6. 五.The Acquisition, Transference and Extinction of ML （一） The acquisition （二） The transference ： CMC Art. 27 In case the maritime claims provided for in Article 22 of this Code are transferred, the maritime iens attached thereto shall be transferred accordingly. （三） The extinction

7. Section 3 Mortgage of Ships 一、 Definition of mortgage of ships 二、 The Acquisition and its effect 船舶抵押权定义（ CMC Art.11 ） Article 11 The right of mortgage with respect to a ship is the right of preferred compensation enjoyed by the mortgagee of that ship from the proceeds of the auction sale made in accordance with law where and when the mortgagor fails to pay his debt to the mortgagee secured by the mortgage of that ship. CMC Art.12 、 13 Article 12 The owner of a ship or those authorized thereby may establish the mortgage of the ship.

8. Article 13 The mortgage of a ship shall be established by registering the mortgage of the ship with the ship registration authorities jointly by the mortgagee and the mortgagor. No mortgage may act against a third party unless registered.

9. 三 The main subject-matter of ships’ mortgage is the concerned ship and its appurtenances ， freight or hire ， subsidiary interests and ship indemnity. Subject-matter of ships’ mortgage 主要为当事船舶及其属具，运费或租金，附属利益及船舶保险赔偿。

10. 四、 Transference and Extinction of Mortgage （一） Transfere nce 船舶被抵押期间能否转让？ CMC Art.17 Article 17 Once a mortgage is established on a ship, the ownership of the mortgaged ship shall not be transferred without the consent of the mortgagee. 船舶抵押权能否转让？ CMC Art.18 Article 18 In case the mortgagee has transferred all or part of his right to debt secured by the mortgaged ship to another person, the mortgage shall be transferred accordingly.

11. （二） Extinction of Ship’s Mortgage 1 、因担保的债权的消灭而消灭； Extinguished due to the elimination of the secured claim ; 2 、因抵押权的行使而消灭； Extinguished due to the exercise of the mortgagee ; 3 、因抵押船舶被法院拍卖而消灭。 Eradication due to the mortgaged ship is auctioned by the court.

12. Section 4 Possessory Lien on Vessel 一、 Definition of Possessory Lien on Vessel Definition CMC Art. 25 Article 25 A maritime lien shall have priority over a possessory lien, and a possessory lien shall have priority over ship mortgage.

13. 二、 Characteristics of Possessory Lien on Vessel 1 、其标的是债权人因一定的债权债务关系占有的债务人船舶 Its subject matter is the possession of the debtor by the creditor claims and liabilities for certain ships. 2 、是一种受限制的 留置权 It’s a restricted lien. 3 、可以借助一定的 司法程序行使 It can make use of certain judicial proceedings to exercise.

14. 三、 The relationship among Maritime Lien, Mortgage and Possessory Lien 都是担保物权，标的都有 当事船舶，都享有申请法院拍卖船 舶而优先受偿的权利。 Common point: they all are lien, the subject of matter all is the vessel. 1 共同点： 2. 不同点 1 、抵押权是约定的， ML 、 PL 是法定的权利 2 、公示方式不同 3 、受偿顺序不同 4 、担保的债权不同

15. 2. The Different point: 1 、 mortgage is made by two parties, while ML and PL is made by law. 2 、 the style of announcing to the public is different. 3 、 the sequence of being paid is different 4 、 maritime claims they secured is different.