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Sea Transportation Article Index : Current 1999 2001 2002 2003 2004 2005 2006 2007 2008 2009
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Russian Warship Sinks Chinese Freighter

February 22, 2009: The Russian Coast Guard sank a Chinese coastal freighter, the New Star, on February 15th, after the ship left the Russian Pacific port of Nakhodka without permission. The New Star arrived in Nakhodka nearly three weeks ago, with a cargo of rice. But the firm that purchased the rice complained that the cargo was of low quality, and demanded a lower price. The Russian buyer went to local officials, and got the government to forbid the New Star from leaving until the matter was settled. Caught in the middle of this dispute between the Chinese rice broker and the Russian buyer, the Hong Kong owner of the New Star ordered the captain to leave port anyway. When the Russian Coast Guard was notified, they sent a patrol ship out to bring the New Star back. The Russian patrol boat caught up with the New Star, about 80 kilometers from Nakhodka, and ordered the Chinese ship to return to port. The Chinese ship refused, and eventually the Russians opened fire with a 30mm auto-cannon. After several hours, 515 30mm shells were fired into the hull of the New Star, causing it to take on water and begin to sink. While getting off the New Star, eight of the crew died when one of the two life rafts flipped over in rough seas. The other eight members of the crew were picked up by a Russian Coast Guard ship.

The Russians blame the Chinese ship captain, but China wants an investigation. With that in mind, the Russian Coast Guard now says the New Star was suspected of smuggling as well.

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xylene       2/22/2009 10:39:38 AM
Wow, outside of time of war or open hostilities deadly force is usually not employed for simple matters of enforcing ship arrest. Ultimately it should be the captain's fault because he should follow the orders of the host nation , but he was put in an tough sitaution since he would have been ultimately fired had he remained in port. Had he remained in port he would not have endangered his crewmembers or be facing charges. The shipping company is probably hoping it turns out this way and will probably claim it was an act of barritry. Just another example of how modern day merchant sea captains are being used as fall guys.
 
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HERALD1357    ??????????????????????   2/22/2009 11:07:09 AM

Wow, outside of time of war or open hostilities deadly force is usually not employed for simple matters of enforcing ship arrest. Ultimately it should be the captain's fault because he should follow the orders of the host nation , but he was put in an tough sitaution since he would have been ultimately fired had he remained in port. Had he remained in port he would not have endangered his crewmembers or be facing charges. The shipping company is probably hoping it turns out this way and will probably claim it was an act of barritry. Just another example of how modern day merchant sea captains are being used as fall guys.

WHY would a ship captain sit there and take 500 rounds of auto-cannon fire? What made him so afraid that he would do that instead of heave to?
 
50 nautical miles from port also involves a jurisdiction question. Was this action in international waters?
 
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heptacableguy    barratry   2/22/2009 11:18:47 AM
barratry not barritry
 
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HERALD1357    ????????????????????????????   2/22/2009 11:26:13 AM

barratry not barritry

I make typos and misspell, all the time. Barritry or barratry; legal harassment is what I understood.
 
 
 
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strat-T21C       2/22/2009 12:18:18 PM
I guess that in the Russian navy they don't practice ship to ship boardings for the pourpose of cargo inspections???
 
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trenchsol       2/22/2009 12:37:18 PM

WHY would a ship captain sit there and take 500 rounds of auto-cannon fire? What made him so afraid that he would do that instead of heave to?

30 mm cannon is a rapid fire weapon. It does not take long to fire that many rounds, and large ship can take a lot of them before being seriously damaged.
 
I think that ship must pay for being docked at port, so the costs were getting higher with each day. Note that it was not their fault, because they just ship the goods that belong to someone else, and  yet they  are liable  to pay  the costs. Very frustrating situation....
 
Anyway, the rice is fish food now. Russian company will get nothing, and I understood that they already payed for the cargo. Chinese ship owner may get insurance. So, Chinese skipper perhaps knew what he was doing.

DG
 
 
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xylene       2/22/2009 12:49:06 PM
A lot would depend on the terms of sale. If the buyer was also the charterer then even if the cargo was off spec, the port costs would be be buyer's account since a determination of cargo quality should have been done prior to loading or soon after loading. If this was a delivered sale by then seller would be responsible for costs of detention of the vessel. Either way, the shipowner would have been compensated or would have had legal recourse to the charterer and they should not have left port. By leaving port and effectively not delivering, the shipowner/captain is most likely in violation of shipping contract. In many cases the best course of action would have been to remain in port ,preferably remain all fast at the dock and refuse to leave until the cargo is discharged. It would have then tied up the reciever's dock not allowing any other ship's to berth until matter was resolved, puts onus back on commercial parties instead of shipping company.
 
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sjdoc    Insurance ought not to cover   2/22/2009 12:51:27 PM
--
Writes trenchsol : "Chinese ship owner may get insurance."
 
That's doubtful. Departing port in the manner so described, the captain of the New Star was unarguably committing a criminal act. I don't think that there's a maritime insurance company on the planet that will pay compensation for damages suffered at the hands of a law enforcement agency while the insured is acting in the commission of a crime.
 
--
 
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WarNerd       2/22/2009 1:00:12 PM

I guess that in the Russian navy they don't practice ship to ship boardings for the pourpose of cargo inspections???

8 men died while abandoning ship due to rough seas.  The Russians probably felt it was too rough to board.
 
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HERALD1357    Good point.   2/22/2009 1:39:51 PM



WHY would a ship captain sit there and take 500 rounds of auto-cannon fire? What made him so afraid that he would do that instead of heave to?





30 mm cannon is a rapid fire weapon. It does not take long to fire that many rounds, and large ship can take a lot of them before being seriously damaged.


 

I think that ship must pay for being docked at port, so the costs were getting higher with each day. Note that it was not their fault, because they just ship the goods that belong to someone else, and  yet they  are liable  to pay  the costs. Very frustrating situation....


 

Anyway, the rice is fish food now. Russian company will get nothing, and I understood that they already payed for the cargo. Chinese ship owner may get insurance. So, Chinese skipper perhaps knew what he was doing.





DG

 
 
30 seconds?
 
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Slim Pickinz    longer   2/22/2009 2:10:41 PM
It would most likely have taken place over a longer time period than 30 seconds. Since the incident took place in rough seas I would expect that 515 rounds would have been fired over several bursts, as the Coast Guard ship would have had a hard time maintaining accurate fire while it (and the target) were bucking in the waves.
 
That should have given the Chinese skipper time to reconsider his actions after the first burst of shells impacted his boat. Any sane merchant captain would obey orders after being fired upon. Getting a pink slip for returning to port is still better than you and your crew being killed.
 
Maybe the merchant ship eventually decided to turn around, but the Russians "assumed" the Chinese boat was still not co-operating, and sunk her anyway?
 
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Slim Pickinz    longer   2/22/2009 3:03:53 PM
It would most likely have taken place over a longer time period than 30 seconds. Since the incident took place in rough seas I would expect that 515 rounds would have been fired over several bursts, as the Coast Guard ship would have had a hard time maintaining accurate fire while it (and the target) were bucking in the waves.
 
That should have given the Chinese skipper time to reconsider his actions after the first burst of shells impacted his boat. Any sane merchant captain would obey orders after being fired upon. Getting a pink slip for returning to port is still better than you and your crew being killed.
 
Maybe the merchant ship eventually decided to turn around, but the Russians "assumed" the Chinese boat was still not co-operating, and sunk her anyway?
 
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William Amos       2/22/2009 6:03:03 PM
Can see Reuters news video of this below
 
link
 
 
 
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HERALD1357    Let's help that a little   2/22/2009 6:53:01 PM

Can see Reuters news video of this below

 

link target="_blank">link
 

 




 
 
 
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jwilly48519       2/22/2009 9:25:17 PM
I wonder if in the Russian Coast Guard, a cutter captain has authority to sink a foreign-flag ship 50 miles out without getting orders from Moscow first and without trying to board first. My guess is no.
 
I wonder if this is another element of Putin's evolution toward a we're-tough-guys approach to international relations.
 
This must have caused great gnashing of teeth among the Chinese naval high command and national political leadership. Time for a further round of strategic budget increases.
 
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