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Recently, we have conducted a research regarding the practice of the Clubs in handling crew death case under a specific situation as stated as below. The hypothetical backgrounds of the scenario are,

1. The vessel: Panama Flag.
2. The crew members were employed through a ship’s management company which is registered in Hong Kong for a shipowner company which is also registered in Hong Kong.
3. The employment contract was signed in mainland China between the Chinese crew and the ship’s management company which office is located in China.
4. A fatal incident happened to some Chinese crew.

The Clubs have been asked to consider:

1. Under this circumstance, what applicable law should be applied to this case?
2. If the social insurance is not in place, will the Club cover the damages or compensations in relation to the crew death which should have been paid by Owner under the social insurance scheme such as, Regulations on Work-related Insurance 2011?
3. If Part 2 is negative, what other avenues for compensation can the Owner recover from the Club if the social insurance is not in place, e.g. Tort?
4. If there are other means which the Owner can seek recovery from the Club despite the social insurance is not placed, will the Club deduct any compensations which should have been paid under the social insurance scheme?

See attached file: ALCO20140039 Crew death case with regard to compensation.pdf

有关船员死亡事故的赔偿

最近，我司对一项有关船员死亡事故的赔偿情况进行了调研。假设背景如下：

1. 船旗国：巴拿马
2. 船员通过香港注册的船舶管理公司受聘，船东公司也在香港注册
3. 中国籍船员和船舶管理公司双方在其内地办公室签署了船员雇佣合同
4. 中国船员在事件中身亡

我司邀请协会就以上提供的背景资料回应以下问题：

1. 适用于此种情况的法律？
2. 如船员没有购买社会保险，协会会否仍然根据《工伤保险条例2011》对死亡船员家属作出相应的赔偿或补偿？
3. 如上题答案为“否”，在没有购买社会保险的情况下，船东可从什么其他途径向协会取得赔付，例如：侵权法吗？
4. 尽管没有购买社会保险，如船员家属从其他方法向船东取得赔偿后，协会是否会在向船东的补偿中扣除任何应在社会保险计划下所得到的金额?

详细信息请参阅附件。