张树超应完成的翻译部分

PASSAGE 1

Recommended routes across the North Atlantic have been followed since 1898, when the risk of collision between increasing numbers of ships became too great, particularly at junction points. The International Convention for the Safety of Life at Sea (SOLAS) codifies the use of certain routes. These routes vary with the seasons, with winter and summer tracks chosen so as to avoid iceberg prone areas. These routes are often shown on charts, particularly small scale ones, and are generally used to calculate distances between ports in tables. Recommended routes consists of single tracks, either one-way or two-way. Two-way routes show the best water through confined areas such as inland routes among islands and reefs. Ships following these routes can expect to meet other vessels head-on and engage in normal passings. One-way routes are generally found in areas where many ships are on similar or opposing courses. They are intended to separate opposing traffic so that most maneuvers are overtaking situations instead of the more dangerous meeting situation.

PASSAGE 2

Every ship navigating in an area subject to tropical storms during the season of their occurrence should be constantly on the alert for any sign of their approach so that steps can be taken to avoid the danger zone while there is still time and sea-room.

In accordance with the International Convention for Safety of Life at Sea it is the duty of every ship which suspects the presence or formation of a tropical revolving storm immediately to inform other vessels and shore authorities with all the means at her disposal. Weather reports should be made by radio at frequent intervals, giving as much information as possible, especially barometer readings.

More detailed information regarding oceanic winds and weather can be found in the Atlases of Monthly Meteorological Charts, while detailed information relating to specific localities is given in the Admiralty Sailing Directions.

PASSAGE 3

The main buoyancy chamber shall be divided into not less than two separate compartments, each inflated through a non-return inflation valve on each compartment. The buoyancy chambers shall be so arranged that, in the event of any one of the compartment being damaged or failing to inflatable, the intact compartments shall be able to support, with positive freeboard over the liferaft rsquo; s entire periphery, the number of persons which the liferaft is permitted to accommodate, each having a mass of 75 kg and seated in their normal positions.

The liferaft shall be capable of being inflated by one person. The liferaft shall be inflated with a non-toxic gas. Inflation shall be completed within a period of 1 min at an ambient temperature of - 30 ℃. After inflation the liferaft shall maintain its form when loaded with its full complement of persons and equipment.

Each inflatable compartment shall be capable of withstanding a pressure equal to at least 3 times the working pressure and shall be prevent from reaching a pressure exceeding twice the working pressure either by means of relief valves or by a limited gas supply. Means shall be provided for maintaining the working pressure.

PASSAGE 4

One of the major problems is that flooding of a hold space may occur without the knowledge of the crew, particularly in heavy weather conditions where visibility may be minimal and any changes in the response of the ship may be masked by the storm. The influence of flooding No. 1 hold on a bulk carrier carrying ore, from a naval architecture point of view, is of course to create a significant trim by the head. It is considered that on a well maintained ship this should be a survivable situation. In the event that flooding progress to the adjacent No. 2 hold then the consequent trim can immerse the deck forward and the survivability of the ship under storm condition becomes doubtful. Another is also important and if this is a consequence of transverse watertight bulkhead failure then the shock loadings, both in terms of over and under pressures could create a chain reaction involving hatch covers being displaced, bulkheads collapsing, etc. , within a few seconds resulting in an almost instantaneous loss of hull buoyancy and the ship sinking. Knowing when the holds are taking in water is, therefore, considered very important.

PASSAGE 5

The bulk carrier, long recognized as the workhorse of the world merchant fleet, has over the years had its design refined and optimized on the basis of previous successful experience. This provided what many considered to be a relatively uncomplicated and safe structural configuration.

Recently, and regrettably with loss of human lives, a series of tragic ship losses has focused the attention of the marine industry and the public on the performance and inherent safety of this ship type.

Extensive research and development, principally by the major classification societies, has highlighted the possible causes of the bulk carrier losses and brought about necessary changes to the design and scantlings for new ships. For existing ships, improvements to safety are anticipated through the enforcement of the aft transverse watertight bulkhead, and the double bottom structure in way of the foremost cargo hold, the introduction of a more rigorous survey regime and greater attention to operating procedures, particularly during cargo loading and discharge, in order to avoid overstressing of the structure or mechanical damage.

PASSAGE 6

The ship is equipped with a comprehensive fire protection and fire fighting installation including water and CO₂ high pressure systems, and portable fire extinguishers are provided throughout the

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Lesson 5 Shipping Business and Regulation

PASSAGE 88

By inserting in Bills of Lading such clauses as to state that the voyage or time charterer is not a party to the contract of carriage and is thus not a “carrier” within the meaning of the relevant national legislation or international conventions, time and voyage charterers purport to deny any liability under the contract of carriage, despite the reality of their involvement in the loading, discharging and trimming of the cargo, in choosing the ship rsquo; s route, in hiring the stevedores, and in many other facets of the ship rsquo; s operation. Such clauses are effectively non-responsibility clauses which contravene the mandatory nature and public order of the Hague-Visby Rules, the Hamburg Rules, which state that any clauses relieving or excluding the Carrier from liability under a contract of carriage shall be null and void and of no effect. This position has been generally accepted by the courts of continental and civilian European countries, which have rightly viewed such clauses with suspicion as illegal attempts by charterers to avoid their liability and evade the mandatory application of the international conventions.

通过在提单中插入这样的条款，即航次或定期租船人不是运输合同的一方，因此不是相关国家立法或国际公约所指的“承运人”，时间和航次租船人声称否认运输合同下的任何责任，尽管他们参与货物装卸和修整、选择船舶路线、雇用装卸工以及船舶运营的许多其他方面的实际情况。这些条款实际上是与《Hague-Visby Rules》、《Hamburg Rules》的强制性和公共秩序相抵触的非责任条款，该规则规定，解除或排除承运人在运输合同下的责任的任何条款均应无效和无效。这一立场已被欧洲大陆和民间国家的法院普遍接受，他们将这种带有怀疑的条款视为租船人逃避责任和逃避国际公约强制性适用的非法企图。

PASSAGE 89

The endorsement of a non-negotiable bill does not make the bill negotiable or give the transferee any additional right. A person to whom a non-negotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the goods which it represents acquires the title to the goods as against the transferor. The transferee may also notify the Carrier of the transfer to him, and the Carrier is then obligated directly to the transferee for any obligations the Carrier owed to the transferor immediately before the notification.

不可转让票据的背书并不使该票据具有可转让性，也不赋予受让人任何额外的权利。通过交付和协议向其转让不可转让票据或其所代表的货物所有权的人，相对于转让人取得货物所有权。承让人也可以将转让情况通知承运人，承运人在通知前就承运人对转让人所负的任何义务直接向承让人承担义务。

More specifically, the Carrier is liable to the Owner of goods transported under a non-negotiable bill, subject to the right of stoppage in transit. Besides having to be the Owner of the goods covered by the non-negotiable bill, the claimant in such a case must have actually relied in good faith on statements made by the Carrier on the bill. The Carrier is liable for having stated on the bill that he received goods when in fact he had not, and for having delivered the goods in a quantity, kind, weight or condition other than as stated on the bill.

更具体地说，承运人对根据不可转让票据运输的货物的所有人负有赔偿责任，但须受中途中止权的限制。在这种情况下，索赔人除了必须是不可转让票据所涵盖的货物的所有人外，还必须真正真诚地依赖承运人对票据所作的陈述。承运人有责任在提单上声明他实际上没有收到货物，并以提单上所述以外的数量、种类、重量或状况交付货物。

In general, the Carrier must deliver the goods on demand of the consignee named in a non-negotiable Bill of Lading. However, on the endorsement of a nonnegotiable bill, the goods may be delivered to a party entitled to their possession. The Carrier is liable toward the person having title to, or a right to possession of, the goods for delivering them to a party not entitled to their possession.

一般来说，承运人必须根据不可转让提单中指定的收货人的要求交付货物。但是，经不可转让汇票背书，货物可以交付给有权占有货物的一方。承运人对货物的所有权或者占有权人负有责任，将货物交付给无权占有货物的一方。

PASSAGE 90

Failing to identify pre-shipment damage and neglecting to make appropriate notations on matersquo; s receipts and Bills of Lading will deprive the Carrier of his rights, limitations and immunities under the contract of carriage and may prejudice club cover. Assertions are sometimes made by cargo interests that rust on a particular shipment is normal and will not affect its market value. Such comments should be disregarded.

如果未能确认装运前的损坏，且未能在大副收据和提单上作适当的标记，将剥夺承运人在运输合同下的权利、限制和豁免，并可能损害俱乐部保险。有时货物利益集团会断言，某批货物生锈是正常的，不会影响其市场价值。这种评论应该置之不理。

In all cases where a steel cargo is found to be rusty, it is imperative that remarks are made on the Bills of Lading, irrespective of the apparent severity of the rust. The Bills of Lading should also be claused to reflect any physical pre-shipment damage to the steel and/or wrappers.

在所有发现钢材生锈的情况下，无论锈蚀的严重程度如何，都必须在提单上注明。提单也应该有条款规定，以反映对钢材和/或包装物的任何实际装运前损坏。

Selecting the most appropriate clauses to describe pre-shipment damage is not always easy, and the attending surveyor should be consulted for advice. Care must be taken to confine the remarks only to the apparent condition of the steel. Comments such as “damaged by stevedores” and “loaded during rain” have no value.

选择最合适的条款来描述装运前的损坏并不总是容易的，而且应该咨询主要的验船师以获得建议。必须注意将备注仅限于钢材的表面状况。诸如“被装卸工损坏”和“雨中装载”之类的评论毫无价值。

Similarly, words such as “slight” /lsquo;superficial” /lsquo;partial” and “atmospheric” may be open to misinterpretation and should never be used. Wherever possible, the remarks should be specific.

同样，诸如“轻微的”、“肤浅的”、“部分的”和“大气的”等词可能会被曲解，决不应使用。在可能的情况下，这些评论应该是具体的。

PASSAGE 91

With reference to our circular dated 22nd October,2010, relating to Letters of Indemnity, experience has since shown that where signs of rust on steel shipments are apparent at the time of shipment, Mate rsquo; s Receipts and Bills of Lading need not necessarily in all cases be claused with the single word “ rusty ” as stated in that circular. Some qualification （限定条件）to the word “ rusty ” may be justifiable in certain circumstances.

关于我方2010年10月22日关于赔偿函的通知，经验表明，如果在装运时钢材上有明显的生锈迹象，则大副的收据和提单不一定在所有情况下都用该通知中所述的“生锈”一词作为条款。在某些情况下，对“生锈”一词的某些限定可能是合理的。

In appropriate cases, therefore, it is permissible for any of the recommended clauses to be used when describing steel shipments which show signs of rust or a similar condition on shipment. When packed sheet iron is shipped the

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