船舶知识什么时候需要出海事报告? Sea protest
SEA PROTEST In any of the circumstances enumerated below it is advisable for the master to note a protest. 1. Whenever during the voyage the ship has encountered conditions of wind and sea which may result in damage to cargo.2. When from any cause the ship is damaged, or there is reason to fear that damage may be sustained.3. When through stress of weather it has not been practicable to adopt normal precautions in the matter of ventilation of perishable cargo.4. When cargo is shipped in such condition that it is likely to suffer deterioration during the voyage. In this case, however, the protest will not be effective unless the bills of lading were endorsed to show the condition of the cargo at the time of shipment.5. When any serious breach of C/P terms is committed by the charterer or his agent, such as refusal to load, unduly delaying loading, loading improper cargo, refusal topay demurrage, refusal to accept B's/L in the form signed by the master, etc.6. When consignees fail to discharge cargo or take delivery thereof, and pay freight in accordance with C/P or B/L terms.7. In all cases of general average. Protest should be noted as soon as possible, certainly within 24 hours of arrival in port. and in the case of cargo protests before breaking bulk.A "note of protest" is simply a declaration by the master of circumstances beyond his control which may give, or may have given, rise to loss or damage. Such declaration must be made before a notary public, magistrate, a consular officer, or other authority. Usually, statements under oath will be taken from the master and other members of the crew and these statements will have to be supported by appropriate log book entries. At the time of noting protest the master should reserve the right to extend it.Protests are admissible in evidence before legal tribunals and, in many cases, are essential to the establishment of a claim.(a) In many countries, particulary on the Continent protests are received in evidence as a matter of course.(b) In the United Kingdom, however, they are not accepted as evidence in favour of the party making the protest unless both parties consent. The chief use of a protest in the United Kingdom is to support a claim by a cargo owner against his underwriters. There is no legal necessity for a protest in the United Kingdom and legal rights are in no way affected if a protest has not been noted.On the Continent the position is different; there the noting of a protest is a condition precedent to certain legal remedies. For example, consignees cannot make a claim for cargo damage unless they protest within 24 hours of taking delivery of the goods and follow this up by a court summons within one month. The master, if he delivers the cargo and accepts the freight, will be barred from claiming the cargo's contribution in general average unless he notes protest within 24 hours and notifies the consignee that he has done so.It is not essential that a protest should be made on a special form but it is advisable and usual in practice. 发生海损事故后,船长应当及时向海事主管机关递交海事报告。目前各国对海事报告的要求和作法不一。有的要求把事实经过并入海事声明之中;有的要求在航海日志和轮机日志中写明;有的只要求提供海事声明,不要求另行提供海事报告。按照我国《船舶海事签证办法》的规定, “海事报告”是指船舶发生事故后,向签证机关递交并要求办理签证的书面报告。由此可见,我国的海事报告是一份与海事声明并列的单独的文件。一般来说,海事报告应当包括事故的时间、地点,详细经过、原因和损害以及船方所采取的措施等内容。相关法律规定,船方在递交海事报告时还应一并附上以下几份文件:1.有关船舶技术状态的记载;2.受损部分的简图;3.有关海图和原航线,船位等记录(标明发生事故前后的船舶动态);4.航海日志和轮机日志的摘要(发生事故前12小时起),必要时应附航海日志和轮机日志;5.与海损事故有关的其他文件。相关链接: Sea Protest海事报告样本 (aiship.cn)