Strong Protests from Shipping World at Unfair Detention of Seafarers in Korea

22 July, 2008: A strong statement in support of the Hebei Spirit officers being held in Korea has been made today by the Round Table of international shipping associations, the ITF, the International Group of P&I Clubs and the HK Shipowmners' Association. It has been sent to the press and media as well as to the Korean Ambassador in London, the Indian Ambassador in Seoul, and Korea's Permanent Representative at the IMO.

The statement issues a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships' officers from the tanker Hebei Spirit , who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation's ocean pollution law following last year's oil spill when a floating crane collided with the Hebei Spirit.

• Statement of Round Table of international shipping associations (BIMCO, ICS, ISF, INTERCARGO and INTERTANKO), ITF, the International Group of P&I Clubs (IG), and the Hong Kong Shipowners' Association

22 July 2008: Organisations from across the world's shipping industry today issued a vigorous joint protest at the continuing unjust and unreasonable detention of two merchant ships' officers from the tanker Hebei Spirit who were recently acquitted by a South Korean court as being innocent of all charges of violating the nation's ocean pollution law, following last year's oil spill when a floating crane collided with the Hebei Spirit.

We - the Round Table of international shipping associations (BIMCO, International Chamber of Shipping (ICS), International Shipping Federation (ISF), INTERCARGO and INTERTANKO), the International Transport Workers' Federation (ITF), the International Group of P&I Clubs (IG), and the Hong Kong Shipowners' Association - wish to convey to the government and authorities of the Republic of Korea our surprise, disappointment and great concern at the news that Korea's courts have determined to continue to detain the ship's officers, despite their acquittal, for possibly as long a year pending further hearings. Such measures appear to be unjustified, unreasonable and in contravention of the men's rights. We strongly believe that they should be permitted to leave the country.

We remind those responsible for the continued detention of Captain Jasprit Chalwa and Chief Officer Syam Chetan, that the trial determined that another vessel which had been towing the floating crane which struck the anchored tanker was wholly responsible for the incident. Despite this finding they have continued to be detained, notwithstanding their own and their employers' assurance that, should a further trial take place, they would attend it.

The two officers have been detained in Korea since 7 December and we believe from recent experience in similar cases that such continued unjust detention may well affect the physical and mental health of the two men. This could be avoided by permitting them to return home now to their families until such time as they are needed to assist any further investigation in Korea.

As an industry serving international society, we remain committed to protecting the environment and to the prompt and thorough investigation of accidents at sea. We are committed to bringing to justice those involved in intentional actions that may damage the marine environment.

However, we cannot and will not support the criminalisation of seafarers, nor unjust, unreasonable and unfair treatment that is contrary to the principles agreed to worldwide in the United Nations' International Maritime Organization (IMO) and International Labour Organization (ILO) Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident.

We appeal to the Government of the Republic of Korea to take the necessary action to ensure that the seafarers are immediately permitted to return to their homes.

• Brief summary of position (Hebei Spirit incident) as submitted to the Korean Authorities by owners, managers and insurers.

The Hebei Spirit, a 260,000 dwt, very large crude oil carrier, anchored at the location instructed by the Daesan Port on December 6, 2007 at 1918 hrs. The vessel displayed all the lights required by the collision regulations.

At 0702 hrs on December 7, 2007 the Hebei Spirit was struck while still at anchor by a passing crane-carrying barge Samsung 1, which was under tow of tugs Samsung T No 5 and Samho T3. A further tug was in attendance at the stern of the crane barge.

According to the local vessel traffic service records (VTS), at around 0635 hrs the tugs and barge had completely made it clear and past the Hebei Spirit, ahead of the tanker, passing from starboard to port side. There should have been no risk of any collision.

At around 0651 hrs the tow line connecting Samsung T5 and the crane barge
suddenly broke and the tugs lost control. As a result the crane barge began drifting back towards the Hebei Spirit due to effects of the strong winds, current and large windage of the crane.

The crane barge collided with the Hebei Spirit on her port side at around 0702 hrs, some 11 minutes later, causing punctures to the hull and release of cargo into the sea.

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