Win More Shipping will ask Hong Kong's High Court to order the flag administration there to take action to secure the release of a tanker detained for suspected violation of North Korean sanctions.
The 16,000-dwt Lighthouse Winmore (built 1975) has been held at the South Korean port of Yeosu since December 2017.
Win More outlined its grievances in a two-day court hearing as part of its attempt to bring a judicial review of the flag state’s failure to take action to secure the ship's release.
March hearing
A new hearing has been scheduled for March in which Win More will ask the court to order the flag administration to take action.
The detention of the tanker is raising concerns after its document of compliance (DOC) was cancelled by the Hong Kong flag administration, effectively removing its registration. It has been declassed by Bureau Veritas and has had its protection and indemnity cover cancelled.
The situation raises concerns over what cover is in place if the ship is involved in a casualty and whether the crew can be repatriated.
In affidavits presented to the High Court, Win More said that in March 2018 the South Korean authorities had contacted the Hong Kong flag and informed it that after six months of detention, the tanker could be released if it submitted a plan outlining how the shipowner would prevent the reoccurrence of violations.
The release clause for the ship comes through the United Nations resolution 2397. In 1997, China informed the UN that the International Convention for the Safety of Life at Sea would apply to Hong Kong, making it eligible to use the UN resolution.
In March, Win More also asked the Hong Kong Marine Department, which manages the Hong Kong flag, to begin the process of securing the vessel’s release by writing to the UN.
South Korean authorities again prompted the Hong Kong administration to act in May and at the same time the owners submitted a plan of how it would avoid further sanctions violations.
Judicial review
Win More took steps to seek a judicial review of the Hong Kong flag administration's role when it still did not respond by August last year.
A revised plan on preventing a reoccurrence of sanctions violations was submitted by Win More to the Hong Kong Maritime Administration on 20 December. The Hong Kong administration cancelled the ship’s DOC on 21 December, and there has still been no application made to the UN for the release of the vessel.
TradeWinds understands the Hong Kong administration’s position is that it believes only China can make an application to the UN for the vessel's release. It also claims that the ship is not in compliance with the flag's conditions because it has failed to replace the statutory certification, which became invalid when Bureau Veritas withdrew class.
In response to request for comment, the Hong Kong Marine Department said: “As legal proceedings are in progress, the Marine Department of the Government of the Hong Kong Special Administration Region would not comment on the case.”
