ABSTRACT
The draft of the provisions regarding the limitation of liability for maritime claims in the Chinese Maritime Code (CMC) 1992 heavily relied upon the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976). Although China has not acceded to nor ratified the LLMC 1976, the maritime claims for limitation of liability and the amount of limitation are similar in both the CMC 1992 and the LLMC 1976. This chapter the scope of application, persons entitled to limit liability, maritime claims, claims excepted from limitation, limits of liability, and loss of limitation of liability. Any person liable claiming the limitation of liability under the CMC 1992 may constitute a limitation fund with a court having jurisdiction. Where any ship or other property belonging to the person constituting the fund has been arrested or attached, the court shall without delay order the release of the ship arrested or the property attached or the return of the security provided.
