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Chapter Law Content

Title: Maritime Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter V:Salvage
Article 102
Every shipmaster is bound, so far as he can do so without serious danger to his ship, crews and passengers thereon, to render assistance to any persons in danger of being lost at sea or in distress.
Article 103
Salvage operations rendered to a ship or the property thereon which have had a useful result give right to a claim proper reward for the result.
If the salvor has carried out the salvage operations in respect of a ship which by itself or the cargo on board threatened pollution damage to the environment, he may still claim reward from the owner of that ship, equivalent to his expenses actually incurred therefor; if the said salvage operation rendered to the ship or the cargo on board has indeed prevented or minimized pollution damage to the environment, he may further claim reward from the owner of that ship, equivalent to or not exceeding 100 percent of the expenses actually incurred therefor.
Where the salvor simultaneously possesses the rights to the salvage rewards of the preceding two paragraphs, the sum of the reward under the preceding paragraph shall be deducted from the sum of the reward under paragraph one of this Article
The right to claim salvage reward shall be extinguished if not duly exercised within two years commencing from the date of the completion of the salvage operation.
Article 104
Salvage operations carried out by and for the ships of the same owner may still claim for a salvage reward.
Salvage operation carried out by the tug on the tow may still claim for a salvage reward as long as the services rendered was beyond the performance of the above said duty.
Article 105
The distribution of the salvage reward is to be determined by agreement amongst the parties concerned; where no agreement can be reached, may be submitted for arbitration on brought to a court for adjudication.
Article 106
The provision in the preceding Article applies mutatis mutandis to the distribution of the salvage reward between the salvors and the ship, and also amongst the salvors themselves.
Article 107
A person who has rendered salvage services in salving human life is entitled to a fair share of the payment awarded to the salvor for salving the ship or other property.
Article 108
No salvage remuneration can be demanded in case the salvage was rendered despite it was declined for just reason.
Article 109
After a collision, the shipmaster of each of the ships in collision is bound, so far as he can do so without serious danger to his ship and persons on board, to render assistance to shipmaster, seafarer and passengers on board the other ship.
The shipmaster of each of the ships shall, except there is a force majeure circumstance, stand by at the site of the disaster until it is obvious that the assistance to the ship continually would be useless.
The shipmasters of each of the ships in collision is likewise bound so far as possible to make known to the other ship the name of his ship, its port of registry, and the places where she had departed from and is bound for.