船长在其职权范围内发布的命令，船员、旅客和其他在船人员都必须执行。

Orders given by the Master within the scope of his functions and powers must be carried out by other members of the crew, the passengers and all persons on board.

船长应当采取必要的措施，保护船舶和在船人员、文件、邮件、货物以及其他财产。

The Master shall take necessary measures to protect the ship and all persons on board, the documents, postal matters, the goods as well as other property carried.

第三十六条  为保障在船人员和船舶的安全，船长有权对在船上进行违法、犯罪活动的人采取禁闭或者其他必要措施，并防止其隐匿、毁灭、伪造证据。

Article 36 To ensure the safety of the ship and all persons on board, the Master shall be entitled to confine or take other necessary measures against those who have committed crimes or violated laws or regulations on board, and to guard against their concealment, destruction or forging of evidence.

船长采取前款措施，应当制作案情报告书，由船长和两名以上在船人员签字，连同人犯送交有关当局处理。

The Master, having taken actions as referred to in the preceding paragraph of this Article, shall make a written report of the case, which shall bear the signature of the Master himself and those of two or more others on board, and shall be handed over, together with the offender, to the authorities concerned for disposition.

第三十七条  船长应当将船上发生的出生或者死亡事件记入航海日志，并在两名证人的参加下制作证明书。

Article 37 The Master shall make entries in the log book of any occurrence of birth or death on board and shall issue a certificate to that effect in the presence of two witnesses.

死亡证明书应当附有死者遗物清单。死者有遗的，船长应当予以证明。

The death certificate shall be attached with a list of personal belongings of the deceased, and attestation shall be given by the Master to the will, if any, of the deceased.

死亡证明书和遗嘱由船长负责保管，并送交家属或者有关方面。

Both the death certificate and the will shall be taken into safe keeping by the Master and handed over to the family members of the deceased or the organizations concerned.

第三十八条  船舶发生海上事故，危及在船人员和财产的安全时，船长应当组织船员和其他在船人员尽力施救。

Article 38 Where a sea casualty has occurred to a ship and the life and property on board have thus been threatened, the Master shall, with crew members and other persons on board under his command, make best efforts to run to the rescue.

在船舶的沉没、毁灭不可避免的情况下，长可以作出弃船决定；但是，除紧急情况外，应当报经船舶所有人同意。

Should the foundering and loss of the ship have become inevitable, the Master may decide to abandon the ship. However, such abandonment shall be reported to the shipowner for approval except in case of emergency.

弃船时，船长必须采取一切措拖，首先组织旅客安全离船，然后安排船员离船，船长应当最后离船。

Upon abandoning the ship, the Master must take all measures first to evacuate the passengers safely from the ship in an orderly way, then make arrangements for crew members to evacuate, while the Master shall be the last to evacuate.

在离船前，船长应当指挥船员尽力抢救航海日志、机舱日志、油类记录簿、无线电台日志、本航次使用过的海图和文件，以及贵重物品、邮件和现金。

Before leaving the ship, the Master shall direct the crew members to do their utmost to rescue the deck log book, the engine log book, the oil record book, the radio log book, the charts, documents and papers used in the current voyage, as well as valuables, postal matters and cash money.

第三十九条  船长管理船舶和驾驶船舶的责任，不因引航员引领船舶而解除。

Article 39 The duty of the Master in the management and navigation of the ship shall not be absolved even with the presence of a pilot piloting the ship.

第四十条  船长在航行中死亡或者因故不能执行职务时，应当由驾驶员中职务最高的人代理船长职务；

Article 40 Should death occur to the Master or the Master be unable to perform his duties for whatever reason, the deck officer with the highest rank shall act as the Master;

在下一个港口开航前，船舶所有人应当指派新船长任。

before the ship sails from its next port of call, the shipowner shall appoint a new Master to take command.

第四章  海上货物运输合同

Chapter IV Contract of Carriage of Goods by Sea

第一节  一般规定

Section 1 Basic Principles

第四十一条  海上货物运输合同，是指承运人收取运费，负责将托运人托运的货物经海路由一港运至另一港的合同。

Article 41 A contract of carriage of goods by sea is a contract under which the carrier, against payment of freight, undertakes to carry by sea the goods contracted for shipment by the shipper from one port to another.

第四十二条  本章下列用语的含义：

Article 42 For the purposes of this Chapter:

（一）“承运人”，是指本人或者委托他人以本人名义与托运人订立海上货物运输合同的人。

(1) "Carrier" means the person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper;

（二）“实际承运人”，是指接受承运人委托，从事货物运输或者部分运输的人，包括接受转委托从事此项运输的其他人。

(2) "Actual carrier" means the person to whom the performance of carriage of goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted under a sub-contract;

（三）“托运人”，是指：

(3) "Shipper" means:

１．本人或者委托他人以本人名义或者委托他人为本人与承运人订立海上货物运输合同的人；

a) The person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier;

２．本人或者委托他人以本人名义或者委托他人为本人将货物交给与海上货物运输合同有关的承运人的人。

b) The person by whom or in whose name or on whose behalf the goods have been delivered to the carrier involved in the contract of carriage of goods by sea;

（四）“收货人”，是指有权提取货物的人。

(4) "Consignee" means the person who is entitled to take delivery of the goods;

（五）“货物”，包括活动物和由托运人提供的用于集装货物的集装箱、货盘或者类似的装运器具。

(5) "Goods" includes live animals and containers, pallets or similar articles of transport supplied by the shipper for consolidating the goods.

上一页  [1] [2] [3] [4] [5] [6] [7] [8] [9] 下一页