HONGYI RESOURCE CO LTD v SHANGHAI TIME SHIPPING CO LTD

[2017] 1 CMCLR 59

SUPREME PEOPLE'S COURT OF CHINA(CIVIL RULING)

Before Presiding Judge Hu,Judge Li,Deputy Judge Hou,Court Clerk Li

Carriage of goods by sea – Bulk cargo (soybean) – Cargo weight unknown clause in bill of lading – Bill of lading quantity as per shore scale weight of load port – Discharge port quantity as per draft survey weight – 0.35 per cent difference between bill of lading weight and draft survey weight – Whether carrier at fault in issuing bill of lading with cargo quantity as per shore scale weight of load port – 0.5 per cent allowance in measurement – Validity of the weight unknown clause – Whether carrier can be exonerated/exempted from liability where the cargo shortage is less than 0.5 per cent.