Wavelength #18

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Volume 2, Issue 18, January 2006

To r Sea each far ou er r s

avelength centrofin@centrofin.gr

CENTRO-NEWS

Cenmar Family Circle

In this issue pg2

Oily Water Separators & Port State Control

On October 22, 2005 in the CENMAR/Manila premises took place the Installation of the “CENMAR FAMILY CIRCLE (CFC)” Support Group elected Officers.

Present were a large number of Seafarers, Family members and allottees, and their children. The Guest of honour was CENMAR’s President Attorney Gregorio F. Ortega, KBE.

pg3

Incompetence vs Negligence

The ceremony commenced with Mass conducted by the Rev Father Joel Ador assisted by the lovely voices of the Cenmar chorus and the guitarist Mr Sulpicious.

After the National Anthem Attorney Ortega delivered his Inspirational Speech. A lot of wisdom came out of the person who has been, for over forty years, dealing with seafarers' matters.

Then this editor, in his capacity as Cenmar’s Founder and Director (since 1997) carried out the Charging of the Officers, as follows: “We are here to witness and install the Officers of the CFC; to have them prepared to face the challenges that lie ahead. Their collective duty is to make this Asstn strong, dedicated to helping our Seafarers and their families; to act and speak in an effective manner, to listen with sensitivity and compassion and to think creatively.

A SPOTLIGHT ON KEY RISKS

AREA COORDINATORS NCR NORTH LUZON SOUTH LUZON VISAYAS

This editor has found the paper below of paramount importance, for the seafarers onboard but most importantly for the staff ashore. It was delivered on October 12, 2005 in Hong Kong, at the 15th LSM Annual Ship Management Conference.

Here are the relevant excerpts (part 1).

Remaining (part 2) will be covered in the next issue 19:

PRESENTED BY MAX CROSS, PARTNER WITH HARRY HIRST, SOLICITOR AND MASTER MARINER BOTH OF INCE & CO, HONG-KONG

: Mrs Leony Mondejar : Mrs Madelyn Guzman : Mrs Emma Ito : Mrs Vina Maslog

Your key word is CONTACT. Your main task is to keep contact and good relationship with all the seafarers' families of your area. Between the President and the Families. To supervise the area’s activities and forward their requests / problems.

Synopsis: This paper considers some issues of key importance as far as manning is concerned and which will inevitably affect all involved in the shipping industry in one way or another.

The paper considers claims arising from the conduct of the crew and, in particular, the implications of 'negligent' conduct as contrasted with 'incompetence'.

cont'd to pg 2

The Tragedy Dilemma pg6-7

Incompetence vs Negligence pg10-11

The Universal Declaration of Human Rights pg16

Criminalisation

cont'd to pg 6

Experienced people have more collisions Out of the 12 collision claims navigating and shipping The Swedish Club over U$2m of the Swedish handling skills offer no Club's latest analysis, 11 occurred with experienced people on the bridge, the Club says.

“Perhaps a surprise. Shipboard experience, age,

pg4-5

guarantee passage”.

for

a

safe

Whilst machinery claims were the most frequent, collisions take up the majority of

expensive claims. Of 18 hull and machinery claims over U$2m, 12 were collisions.

Of the 12 collisions, five involved container ships, three bulk carriers, two tankers, one reefer and one passenger vessel.

cont'd to pg 9

TO THE MASTER: Please circulate this Bulletin to the CREW.

Oily Water & Port S Separators directly by the new methods of surveillance or indirectly by contradicting entries in log books, oil record books, incinerator logs etc.

Port State Control Authorities are performing detailed inspections to ascertain that the OILY WATER SEPARATOR (OWS) is properly used.

Additionally the USCG has recently established various task forces, including the “Oily Water Separation Systems Task Force”(O.W.S.S.T.F.), to examine a wide range of issues related to the oily water separation equipment and its use on vessels in U.S. waters.

Usually the first item inspected in the Engine Room is the OWS, Oil Content Monitor and its associated equipment including piping & valves. The inspectors may request to remove the pipeline leading from the OWS to the ship's side for a close internal inspection. Requests have also been made to appoint divers for blanking the ship's side in order to open the overboard discharge valve.

Various Port Authorities around the world have introduced air surveillance by using airplanes or satellites which can detect any oil pollution coming from a ship whether in port or at sea.

Discharge of engine room bilges, oily water or any other pollutants will be revealed to the Port authorities either

Following are some of the reasons that will lead to a ship's detention & prosecution of the Master and Chief Engineer under certain circumstances for any actual or even suspected illegal activities such as:

* by passing of OWS using flexible or steel pipes

* flexible or steel pipes in the vicinity of OWS that give the suspicion of bypassing * oil traces in the pipes leading to the overboard valve * oil traces in the overboard valve * excessive oil in the bilges * malfunction of the OWS (filters, instruments, leakages) * malfunction of the Oil Content Monitor (15ppm alarm) * malfunction of the 3-way solenoid valve controlled by the Oil Content Monitor * wrong entries in Oil Record book such as : ! discrepancies between Deck Log and the Oil Record Logs in regard to any discharges noted in the Oil Record Book ! discrepancies between the amount of

cont'd from pg 1

Cenmar Family Circle Will you perform these duties to the best of your abilities?

cont'd from pg 1

Will you perform these duties to the best of your abilities?

AUDITOR : Mrs Gliceria Po Your key word is TRANSPARENCY. The funds allocated by the Owners have to be utilized for the strict use of the ‘sober’ running of the Asstn, its Articles, and its purpose of existence.

PUBLIC RELATIONS: Mrs Corazon Lagapa & Mrs Fredelyn Beltran Your key words are MEMBERSHIP and PUBLICITY. As the membership to our Asstn is free your main task is to enroll the largest number of members. After all it is to their interest.

Will you perform these duties to the best of your abilities?

TREASURER: Mrs Florna Gazmen & Mrs Candida Gabornes Your key word is HONESTY. It is your duty to make sure that the funds are available so that the Asstn can operate smoothly throughout.

You will be assisted My Mr M.V.David and Ms Amy C.Castillo of Cenmar’s Accts Dept, where all relevant records are to be kept.

Myself will act as the liaison and organizer of the incoming funds.

Will you perform these duties to the best of your abilities?

SECRETARY: Mrs Emma Marina De la Cruz.

Your key word is RECORDS. As the official record-keeper and custodian you are the repository of all that is worthwhile in our Asstn.

You must record all new, dual, transfer and reinstated membership applications, keep the minutes of the Meetings, update membership and seafarers records. All your

- pg 2 -

stationery, cabinet, etc needs will be covered by Cenmar and Ms Maricel Mercado will be your assistance.

Will you perform these duties to the best of your abilities?

VICE PRESIDENT: Mrs Marilou Sumugat Your key word is ORDER. You are responsible for serving as masterhost; greeting all members and families, organizing all CFC’s meetings. The duties assigned will require you to be present, arrive first and leave last. You are to stand for the President in case she is absent.

Will you perform these duties to the best of your abilities?

PRESIDENT: Mrs Gracelda Andaya.

State Control water pumped overboard after going through the OWS and the amount that the pumps could physically pump overboard during the same period, i.e., whether the amount shown in the Oil Record Book is greater than the pump capacity owhether the discharges from sludge tanks to shoreside facilities or barges exceeds the pumping capacity of the vessel during the period the sludge oil was being pumped We would like to reiterate that sound practices is the only way to avoid such problems and in particular:

1.Keep engine room free of leakages.

Maintain pumps & valves and arrest leakages promptly. Inspect piping below floor & gratings to ensure that all pipes & flanges are water tight.

2.Bilge piping system Verify that the bilge system is in accordance with approved plans.

Original & approved piping system as per vessels drawings should not be modified.

Flanges should be removed from any flexible hoses, so as to avoid creating wrongful suspicion of an illegal by-pass of the oily-water separation equipment.

Blank-off any flanges located at or near the oily-water separating equipment and overboard discharge valves, which may exist as original or modified construction, but are not used.

Your key word is LEADERSHIP. Having been the elected President you are the Chief Executive Officer and are expected to preside to all meetings and all regular and special events.

It is your duty to make sure that this Asstn enables its members to achieve goals. Please accept this gavel as a symbol of leadership and dedication to the office. The gavel is also the symbol of power and authority given to you by the members. Use it wisely and with restraint. You are a member of your team and its leader. A team is more than a collection of people. It is an emotional force rooted in the feelings, thoughts and actions of all members with the common goal of achievement, sharing and mutual support. Work with your team members to create a healthy and

3.Oily Water Separator Bilge water separator is the device for the complete purification of bilge water in a ship before it is discharged overboard.

The system usually comprises a primary and secondary stage of separation.

The primary stage separates the oil by gravitational force where virtually all the oil is retained.

The secondary stage completes the fine separation of small and fine oil droplets from water by filtering or coalescing.

The whole process is very efficient and oil discharge level below 15 ppm is obtainable.

The Chief Engineer and/or Master must periodically inspect the oily water separator to confirm that it is properly functioning, and that the engineering staff understands how to operate it.

Please note the following measures in order to keep operating condition of bilge water separating system effective and free of defects for surveys.

"The March of the Emperors" Each winter, thousands of emperor penguins abandon their ocean home and trudge across the inhospitable terrain of Antartica to their traditional breeding ground to mate. After the females lay the eggs, they return to the sea to collect food, leaving the males to guard the precious eggs, which lay cradled on top of their feet. Once the females return, three of four months later, the roles reverse as the males head off to feed. The adult penguins repeat their arduous journey until the chicks are ready to take their first dive into the water.

This editor had the opportunity to watch twice this astonishing French documentary from Hong Kong to Singapore and then later on to Manila, early October 2005.

Duration 80 mns, directed by Luc Jacquet.

A must for those that care for the environment, and quiet a controversial issue for those who support the intelligent design versus the evolution theory .

- Maintain external appearance.

Ensure cleanliness and perfect exterior condition of the system. Maintain the system free of oil leakages and dirt while ensuring that all components are painted and electrical wirings are properly attached with adequate number of plastic clips.

cont'd to pg 14

dynamic Asstn of which everyone is proud. At the end of your term in office your record of achievement will be history.

responsibilities; provide guidance and leadership to our peers and our members and help them develop their skills.

As a founder and Director I wholeheartedly offer my services to You, your officers and above all to the Families of our Seafarers.

At the same time we promise to labour for the success of our Association while working harmoniously with the team by pursuing the goals outlined in our programme.

We shall do all these while upholding the laws of the country at all times.

Will you, as President, accept these challenges and perform your duties to the best of your abilities?”

With all present (please stand) Attorney Ortega read the OATH of OFFICE

We commit to link and to inspire ourselves, our members and our Families.

We, the Officers of Cenmar Family Circle Association, take this oath with presence of mind, willingness of heart and commitment of time.

“WE DO”

We pledge to fulfill our duties and

And Congratulations!

So help us GOD.

- pg 3 -

The hard work now starts.

Then two guest speakers from the Pag-IBIG (Govt) explained the benefits of the voluntary savings Overseas Program (POP) which aims to provide the Filipino seafarers the opportunity to save for their future and to avail of a housing loan.

The ceremony closed with an open forum of questions and answers, the CFC hymn and the closing remarks of the President, prior getting into the muchexpected…DINNER session.

Note. The Filipinos definitely know how to club together, organize ceremonies, to participate, to sing and dance and above all how to enjoy a nice meal!

The Tragedy

A Primer on Critical Incident Stress Management (CISM)

TRAGEDIES IN LIFE

A

s crises and disasters become epidemic, the need for effective crisis response capabilities becomes obvious. Crisis intervention programmes are recommended and even mandated in a wide variety of community and occupational settings. We are concerned about our shipping industry, and particularly our seafarering family.

CISM is a comprehensive, integrative, multicomponent crisis intervention system.

The seven core components are defined below: (1). Pre-crisis preparation. This includes stress management education, stress resistance, and crisis mitigation training for both individuals and organizations.

(2). Disaster or large-scale incident support programmes including demobilizations, informational debriefings, office meetings.

(3). Defusing. This is a 3-phase, structured small group discussion provided within hours of a crisis for purpose of assessment, triaging, and acute symptom mitigation.

(4). Critical Incident Stress Debriefing. A 7-phase, structured group discussion, usually provided 1 to 10 days post crisis. Designed to mitigate acute symptoms, assess the need to follow-up, and if possible provide a sense of post-crisis psychological closure.

(5). One-on-one crisis intervention / counseling or psychological support throughout the full range of the crisis spectrum.

(6). Family crisis intervention and organizational consultation.

(7). Follow-up and referral mechanisms for assessment and treatment, if necessary.

All above need to be implemented by highly experienced professionals.

Tragedies can create difficult times for many people. For some the incident or its anniversary date is a powerful reminder of the loss. Family members and close friends experience the sadness, emptiness and pain of a life which now only offers them a gaping hole in the fabric of life where there once was a vibrant and cherished person.

For others, who may have tried to deny the tragedy's occurrence, the anniversary may break through their defenses and produce unexpected grief and feelings of despair.

The last years, worldwide, we have witnessed a large number of tragic and catastrophic accidents with many thousand of human casualties and enormous damage to properties (tsunamis, earthquakes, terrorist acts, hurricanes, etc).

In a smaller scale some of us might have even experienced the natural but sad death of a close family member, friend or colleague.

The text below, an adaptation and excerpts, of an article written by Jeffrey T. Mitchell, Ph.D., CTS of the International Critical Incident Forum, wishes to shed some light to the circumstances that follow such a grave incident.

It is a set of guidelines to assist those who can help out people suffering a tragedy.

"

1. For those who lost family members, friends or colleagues in a tragedy, the anniversary / ceremony can be a very difficult time. The time period shortly after the loss is a time of shock, numbness and bewilderment.

In the next few months the reality of the loss begins to set in. The person is missed and there are periods of distress intermingled with periods of relative calm.

Grief, sadness and regrets are common.

Generalized anxiety about one's owns well being, specific fears and stress reactions are also common. Memories, dreams and thoughts of the missing person can intrude at any time. Frustration and even anger over some aspect of the loss can also take up a person's energy. As the anniversary approaches those feelings, memories, thoughts and dreams can become intensified.

2. An important anniversary is not a date so much as it is a period of time.

Generally the anniversary period begins several weeks and sometimes a month or so before the actual date and trails off for several weeks after the anniversary date. Many people are surprised by the length of time that an anniversary of a significant event can take.

Although uncomfortable and sometimes quite painful, the length of the anniversary period should not be surprising. Remember, the intensity of the feelings generated by an anniversary and the length of time the anniversary period lasts is usually in proportion to the importance of the person in your life.

3. Avoidance is very common around anniversary times. Some people, especially

Engineer Charged Negotiation With Obstruction of Justice Across The Table According to the US Attorney for the District of Massachusetts, the chief engineer of a container ship has been indicted and charged with conspiracy, obstruction of justice, destruction of evidence, false statements, and violation of the Act to Prevent Pollution from Ships (which implements the MARPOL Convention).

The allegations revolve around the apparent use of a by-pass pipe circumvent the oily water separator and fraudulent entries in the oil record book. If convicted of all charges he faces up to 40 years in prison.

(Source: Holland + Knight Maritime Items).

How Making Multiple Offers Can Increase the Final Value of the Deal Suppose you open talks with an important customer for the reason of selling your farm, buy a used car or purchase a condominium.

You make an aggressive first offer. He becomes offended. You back off a bit; he responds by trying to take advantage.

This is a back-and-forth negotiation that can leave you shuffling endlessly around the issues, while resentment builds on both sides.

- pg 4 -

Presenting your counterpart with several offers leads to better outcomes for the deal, and the relationship.

It is called MESO: Multiple Equivalent Simultaneous Offers.

The term meso in Greek means “combining form” and “middle”.

It allows you to navigate three difficult bargaining situations and achieve a level of control that might otherwise be elusive at the bargaining table while remaining both respected and liked:

Dilemma

If a tragic incident were to happen TRY to:

(a)The Casualty (onboard) # Within the first 24-48 hours; periods of appropriate physical exercise,

alternated with relaxation will alleviate some of the physical reactions

those who have recently entered into a delayed grief reaction, will do everything they can to avoid ceremonies and programs associated with the anniversary. They fear that they will be overwhelmed by such ceremonies. Such fear is natural. Keep in mind that ceremonies can help to move the healing process along and do not necessarily have to overwhelm if a person has a positive attitude. A positive attitude is one that looks at attendance at a ceremony as a way to honour the memory of those who have died, been killed or wounded.

4. If a person decides that they cannot attend an optional ceremony their decision needs to be respected. Every person deals with their loss in their own way and on their own time frame.

5. Do not be talked into doing things, which go against your internal feelings. The anniversary is not about us. It is about those who died. It is about their families.

6. Some people need to be in a quiet place away from others and they need to reflect on their personal experience of the loss. Others will choose to be around friends and family. Others prefer to be with their co-workers.

8. Look out for one another. If someone you work with does not seem themselves or they are hurting, please offer a listening ear and a kind heart. A little listening goes a long, long way.

9. Spend time with friends and family, love your children and care for them.

Read, think, pray, play. Do anything that works for you.

An anniversary of a tragedy is a significant occurrence.

Remembering, grieving, feeling, honouring the dead and wounded are allimportant aspects of our lives. Likewise, growing, rebuilding, looking forward and participating in daily life are also important. Anniversaries should be lived through with dignity and honour. They should not become emotional swamps that swallow us and cause us to cease living healthy and productive lives. We do not honour the memory of our dead by ceasing to live own ourselves. We honour them by choosing to live life better because of them.

10. People may need a referral for additional support if the distress they are encountering during the anniversary period overwhelms them and causes them to dysfunction on the job or at home. Get them to counselling if that is necessary.

"

one horse power!

QUOTATIONS Passion and Fashion are sisters to Death Democracy needs good leaders

1.- Negotiating with an unskilled negotiator. When your counterpart has trouble expressing priorities, MESOs can assist you in gathering information and presenting it to him in an easily understood package.

2.- Overcoming a low-power position. The research shows that MESOs are especially beneficial to lower power negotiators, who face the very real fear of being critisised for being to assertive. MESOs let you obtain control over the process with less risk of a hostile backlash.

need to complicate this with a substance abuse problem

# Reach out; people do care # Maintain as normal a schedule as possible # Spend time with others # Help your co-workers as much as possible by sharing feelings and checking out how they are doing

# Give yourself permission to feel rotten and share your feelings with others # Keep a journal; write your way through those sleepless hours # Do things that feel good to you # Realise those around you are also under stress # Don't make any big life changes # Do make as many daily decisions as possible which will give you a feeling of

control of your life, i.e., if someone asks you what you want to eat- answer them even if you are not sure # Get plenty of rest # Recurring thoughts, dreams or flashbacks are normal; don't try to fight them; they'll decrease over time and become less painful # Eat well balanced and regular meals (even if you don't feel like it)

(b)For Family Members and Friends (ashore)

7. Do not be afraid to tell those you care about that you love them and that you care for them.

11. Remember, the most important people in our lives have made us laugh and they made us cry. Honour them all by the quality of the life you live.

# Structure your time; keep busy # You are normal and having normal reactions; don't label your self crazy # Talk to people; talk is the most healing medicine # Be aware of numbing the pain with overuse of drugs (or alcohol); you don't

# Listen carefully # Spend time with the traumatised person # Offer your assistance and a listening ear if they have not asked for help

# Reassure them that they are safe # Help them with everyday tasks like

cleaning, cooking, caring for the family, minding the children # Give them some private time # Don't take their anger or other feelings personally # Don't tell them that they are 'lucky it wasn't worse'; those statements do not console traumatised people.

Instead, tell them that you are sorry such an event has occurred and you want to understand and assist them ---------------------------------------------Our thoughts and prayers go out to all those who are suffering through a grave incident or an anniversary of a loss (or some other painful experience).

We hope for healing, peace of mind, and recovery for all who are in pain.

3.- Responding to a first offer.

What if your opponent beats to the punch with a first offer, a move that typically will give him a bargaining advantage? By responding with MESOs you can change the focus from his offer to your package of offers and reanchor the negotiation in your favour.

A word of caution.

First. MESOs can reveal a lot of information about your position and priorities. Thus they must be aggressive.

Second. An astute opponent may try to cherry pick among your three offers. Have a well defined scoring system Third. MESOs can add complexity.

Present only three offers simultaneously. Have them crafted and present them with care.

Best of luck (at your own risk).

- pg 5 -

cont'd from pg1

Incompetence vs

The paper concludes by considering the worrying and often unjustified trend towards the criminalisation of seafarers (where individuals become scapegoats for the mistakes of others and held responsible for circumstances out of their control) which is compared and contrasted with the issue of 'real' crimes at sea.

1.Crew Competence: what the lawyers look for!

1.1 Claims involving crew Claims involving crew generally fall into two categories: claims by the crew (which in turn can be categorised into injury/non injury claims) and claims about the crew.

1.2 Claims about the crew - Negligence For convenience, these claims too can be considered in two broad categories: 1. Claims the crew were negligent; and 2. Claims the crew were incompetent.

From a legal perspective the distinction is very important for ship owners (and managers) who, as employers, can be held vicariously liable for the acts and omissions of their employees, the crew.

With several third party claims the ship owner can avoid liability for loss and damage arising from the crew's negligence in certain circumstances but any defenses he might otherwise raise for such claims will be severely prejudiced in the event the crew are found to be incompetent.

1.2.1 What is negligence?

In a much quoted passage from Blyth v Birmingham Waterworks (1856) 11 : Ex.781. Baron Alderson defined negligence as: “the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do; or doing something which a prudent and reasonable man would not do.”

This “reasonable man” test provides the law with a flexible test which is capable of being adapted to the circumstances of each case.

The test of reasonableness is an objective one and relates to the type of activity in which the actor was engaged, not the category of the actor himself.

In Wilsher v. Essex Area Health Authority [1988] A.C.174 a trainee hospital doctor made a mistake when undertaking specialist work in a special care unit and on his behalf it was argued that no more could be expected of him than could be reasonably required of a person having his formal qualifications and practical experience.

In a statement which was subsequently approved by the House of Lords, Lord Justice Mustill in the Court of Appeal said: “.. this notion of a duty tailored to the actor, rather than to the act which he elects to perform, has no place in the law of tort … I prefer (the proposition which) relates the duty of care not to the individual, but to the post which he occupies … in a case such as the present, the standard is not just that of the averagely competent and well informed junior houseman …but of such a person who fills a post in a unit offering a highly specialist service.”

From the legal perspective therefore, the duty of care expected of a person relates to the post which he occupies. In a seafaring context this means the duty of care expected of a person occupying a certain post on board a ship is that which it is reasonable to expect from someone carrying out the tasks and duties associated with that post or rank.

So for example, the duty of care expected of a seafarer carrying out the tasks and duties of the second officer is that to be reasonably expected from a second officer on board a ship; the duty of care expected of a seafarer carrying out the tasks and duties of an AB is that to be reasonably expected from an AB on board a ship; and so on.

The duty of care therefore, relates to rank and the law requires a certain standard of care with each and every rank.

- pg 6 -

Negligence The standard of care required is a question of law but whether or not that standard has been attained in any given case is a question of fact for the court to decide having regard to all the circumstances of the particular case. In this regard the court will take notice of common practices - in essence, of any industry norms or standards of conduct. “ a defendant charged with negligence can clear himself if he shows he has acted in accord with general and approved practice.”

- per Lord Alness in Vancouver General Hospital v. McDaniel (1934) 152 L.T.56 In considering what is the general an approved practice the court will take notice of any recognized standards of conduct as may be contained in certain statutory and other codes, such as, for example, the International Regulations for Preventing Collisions at Sea, and the Code of Safe Working Practices for Seamen, etc.

Certain tasks at sea however, involve such risks and dangers that they can only be safely performed by a person with special skill. For example, a seafarer undertaking the duties of a bridge watch keeper must have certain skills if he is to meet the necessary standard of care expected of someone occupying that post. In these circumstances the court will adjust the standard of care to take account of these facts.

As Mr. Justice McNair said in Bolam v. Friern Hospital Management Committee [1957] 1 W.L.R.582: “In the ordinary case which does not involve any special skill, negligence in law means a failure to do some act which a reasonable man in the circumstances would do; or the doing of some act which a reasonable man in the circumstances would not do; and if the failure or the doing of that act results in injury, then there is a cause of action. How do you test whether this act or failure is negligent? In the ordinary case it is generally said that you judge it by the action of the man in the street…But where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the [ordinary man in the street] because he has not got this special skill. The test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art.”

A seafarer will be negligent when performing any task or duty therefore, if he fails to meet the standard of care - if he does not exercise the necessary skill - to be reasonably expected from someone of that rank when carrying out that task or duty.

1.2.2 Persons & Property on board the ship One category of negligence claims is that of loss and damage suffered by persons and their property on board the ship because of the acts and omissions or human errors - of the crew.

Persons on board the ship will be either crew or passengers and will be on board the ship pursuant to a contractual agreement with the ship owner. In general terms passenger claims are dealt with in much the same way as claims by the crew and will require a detailed review of the passenger contract and relevant statutory provisions.

Where cargo on board the ship is lost or damaged as a result of crew negligence the ship owner should be able to avoid liability where the negligence of the crew was in the navigation or management of the ship; but not where the negligence was in the management of the cargo.

However to be able to rely on such a defence the ship owner must have exercised due diligence to make the ship seaworthy; and that includes ensuring the ship was properly manned by competent crew.

Where the ship suffers damage as a result of crew negligence it will not prejudice the ship owner's claim under his hull policy provided the damage did not result from any want of due diligence on his part. But where, with the privities of the ship owner, he sends the ship to sea in an unseaworthy state the hull insurer is not liable for any loss or damage attributable to that unseaworthiness; and to be seaworthy the ship must be properly manned by competent crew.

1.2.3 Persons and property outside the ship Loss and damage to persons and property outside the ship usually arises on collision or where the ship runs aground.

80% of all collisions and groundings are said to be the result of human error.

These claims are tort claims for negligence and apart from any statutory defenses or rights to limit liability the ship owner will be liable for all loss and damage caused by the crew's negligence, subject to issues of remoteness and forseeability.

1.3. Claims about the crew - Incompetence 1.3.1 What is Incompetence?

A seafarer will be incompetent when he does not possess the necessary skill to carry out the particular task or duty.

From a legal perspective, however, it is not only a lack of skill or ability - which will render a seafarer incompetent. A seafarer can be incompetent not just because of an inherent lack of ability but also because of : -a lack of adequate training or instruction; -a lack of knowledge about the ship and its systems; -a disinclination to perform his job properly

- pg 7 -

notwithstanding his qualifications; or - physical or mental disability or incapacity such as drunkenness.

Inherent Lack of Ability This is what most people understand by incompetence. A seafarer will have an inherent lack of ability where he does not possess the necessary skill; for example, where he does not have the necessary qualifications and experience to perform the particular task.

Lack of Adequate Training or Instruction A seafarer may not be competent to perform the particular task because he has not received adequate training or instruction in the performance of that. We will be looking at training later and I do not propose to say any more about it now.

A Lack of Knowledge of the Ship and its Systems A seafarer may possess the necessary skills and ability to say, perform the rank of an engineer onboard ship, but because until he is familiar with the ship and the systems in the engine room he may be incompetent to perform a particular task.

Disinclination to Perform the Job Properly A seafarer may possess the necessary skills and ability to perform the particular tasks and duties assigned to him onboard ship but if he is not inclined to use them and habitually fails to do so he will be considered incompetent.

Physical or Mental Disability or Incapacity A seafarer may be temporarily incapacitated, for example when so under the influence of drink or drugs that his skills and abilities are so impaired as to render him incompetent.

1.3.2 Incompetence Causes These days it is fair to say most seafarers are very professional and conscientious and it is rare to find someone who is disinclined to use their skills and abilities when performing tasks at sea. Also, the drug and alcohol policies of shipping companies today are sufficiently stringent, we believe, that it is rare to find a seafarer incapacitated through drink or drugs.

Most allegations of incompetence therefore, concern a lack of ability, of adequate training and instruction, and of knowledge of the ship and its systems. Clearly, there can be a degree of overlap with these causes.

cont'd to pg 14

Always Look On The Bright Side Of Life…

(When you 're forecasting the weather…NOT in shipping) (Excerpts form the Daily Mail, London, October 5, 2005)

"The outlook for weather forecasts is decidedly optimistic whatever the conditions. From now on, downbeat descriptions of the climatic prospects are banned by order of the British Met Office.

Under new guidelines issued to forecasters, terms such as 'a small chance of showers' will be replaced with cheerier alternatives such as 'mostly dry'.

Weather which would previously have been described as 'chilly in areas' will be characterized as 'warm for most', while 'isolated storms' might now be termed as 'hot and sunny for most. (etc).

The guidelines revealed in a leaked memo have been issued to all television, radio and internet presenters. They encouraged not to dwell on showers in part of the country if other areas are

Efficient Operation

of Diesel Generators The benefits of operating D/G's at more than 70% of their rated power are the following: 1. Increased scavenge pressure and less fouling of scavenge duct and inlet ports.

2. Decreased thermal loading of the engine due to lower exhaust gas temperatures.

3. Increased time between overhauls and economy in spares and man hours.

4. Increased redundancy and safety as one or two diesel generators are always maintained in standby condition.

5. Efficient operation of D/G which results in fuel economy.

Ullage space corrosion in Cargo & Ballast Tanks The ullage space of the tank head area of ballast tanks contains oxygen and salt water. The ullage space of cargo tanks contains carbon dioxide, hydrogen sulphide, chlorides, water, organic compounds.

In addition temperatures are high due to sun heating or cargo heating.

All the above can lead to coating breakdown and accelerated corrosion.

Please note and adhere to the following measures for prolonging coating life and avoiding corrosion in the upper part of cargo & ballast tanks:

Cargo Tanks Good quality inert gas is extremely important, therefore check & verify : · Boiler optimum combustion · Scrubber water spray nozzles · Inert gas system valves (gas v/vs & water v/vs) · Demisters of scrubber & deck seal

Ballast Tanks Eliminate ullage space by full ballasting of tanks Topping up of the ballast tanks to be done slowly & very carefully.

Open tank dome cover and ensure that the water reaches just 5 cm above deck.

Inspect tanks as specified in D-07 (6-monthly hull condition & maintenance report) for dealing in time with any coating breakdown.

Please check the following before loading the D/G's: 1.Lub oil for water presence and fuel dilution using the onboard lub oil test kits supplied by ELF 2. Verify that oil coolers and jacket coolers are clean.

3. Verify that T/C filter is clean.

4. Increase load progressively and once you reach 70% - 75% record combustion pressures and all engine parameters.

5. Compare present parameters with Diesel Generator shop trial records.

Please revert with results and by all means try to achieve our objective: - One D/G during normal sea passage - Two D/G's during discharging / gas freeing / manoeuvring.

M.Kapsorrachis

Learn a SAILOR'S SECRET for real Happiness & Success.

George B. Wood is a mature sailor who has circumnavigated the world. Some years ago, while sailing the Mediterranean he met an old Greek fisherman named Sebastian, who played the PSALTERY (like “salt-ery”) an ancient musical instrument akin to a plucked dulcimer. Sebastian taught him much about life, and now George uses the word PSALTERY to remember his valuable lessons.

Here's the secret of Sebastian's PSALTERY:

P… is for Purposeful Planning.

Each day, when your work is done, spend a few minutes planning the important tasks for the next day.

- pg 8 -

Write them down (you will sleep better that night!) At the end of each week, write down the important tasks and deadlines for the next week. Keep a monthly plan, too, for the bigger, longer range goals.

S… is for Simplify.

When things get overly complicated, your stress will increase, and your effectiveness will decrease. Keep it simple.

A… is for Action.

Take your goal and break it into 3 to 5 steps. Then take “step#1” and break it into a few “baby steps”.

TAKE ACTION with the FIRST

enjoying sunshine. Positive weather should be the emphasis of bulletins wherever possible while forecasters should also be more specific, the rules say(etc)."

THE CHANGEABLE GUIDELINES Previously used Chilly in areas Heavy rain Isolated storms Occasional showers Often cloudy Localised storms Small chance of showers

Replaced with Warm for most Rain Hot and sunny for most Mainly dry Generally clear Dry for most Mostly dry

Note. The above is for your (pleasant) information only. You continue to depend on your weather stations onboard and your own observations. Respect the Weather!

George Orwell The birthplace of visionary writer George Orwell is scheduled to receive a much needed face lift. Orwell was born Eric Arthur Blair (no relation) in Motihari in the Indian state of Bihar (Bengal), in a bungalow near the indigo warehouse where his British civil servant father worked.

In 1904 he moved with his mother and sister to England where he remained until 1922. He began to write at an early age. After various moves in France, Burma, Spain finally settled in England.

It was toward the end of WW II that he wrote "ANIMAL FARM" and his other world wide success

12 out of 12 occurred during the dark hours of the day - darkness made seafarers misjudging situations, some claiming to have been caught by surprise, the Club says.

11 of the 12 occurred as a consequence of individual or organizational factors - “perhaps no surprise there”.

6 of the 12 occurred in the open sea - “complacency, a false sense of security and subsequent reduced vigilance were contributing factors”.

5 of the 12 occurred with a pilot onboard. “Pilots are onboard in difficult areas and have an important safety role. However, lack of briefings, planning and communications causes dangerous situations”, the Club continues.

3 of the 12 occurred in very poor visibility - “poor visibility requires extra attentiom, caution and use of available resources”.

According to the Club, navigating and ship handling skills were not the problem, nor were rules and regulations, which were in place even if they were not always followed.

The core issue related more to the attitudes & behaviour.

For example, the attitude towards the rules and procedures and the behavioural decision of following (?) them at all times, even if “we have managed before”. (www.swedishclub.com)

L

…is for Love.

“The greatest of these”…Love is what makes truly great relationships, friends, teachers, leaders, soldiers, heroes, artists, people.

T

…is for Treasure Time…with friends, family and faith.

Today you received the gift of tie. Treasure that gift with others.

E

…is for Eat Right and Exercise.

Give your body the nutrition it needs to run well. Regular exercise will keep your body working better and your mind will be sharper.

"NINETEEN EIGHTY-EIGHT". The former is a satirical allegory of the Russian revolution, particularly against Stalin's Russia. Led by the pigs the animals on Mr Jone's farm revolt against their human master. Eventually the pigs become corrupted by power and a new tyranny is established.

"All animals are equal, but some animals are more equal than others". In the latter Orwell said it was written "to alter other peoples idea of the kind of society they should strive after". Sadly he never lived to see how successful both would become. (Sober reading).

Ed.

Humour and Life in the 1500s

Experienced people have more collisions cont'd from pg 1 The Swedish Club

BABY STEP. Then keep moving, step after step, and you 'll go the distance.

(1903 - 1950 )

R

…is for Rest.

Da Vinci wrote, “Every now and then go away, have a little relaxation, for when you come back to your work your judgment will be surer”. Get enough sleep. Rest restores the body, renews mind and spirit.

Y

…is for YES, I CAN. Believe in your self. Have faith and understanding. Know that with God, all things are possible”.

Studies have shown that positive Attitude brings measurable benefits in medical treatment success rates. “Thinking big” is an inspiring example of overcoming adversity; with hard work and positive attitude. Most, anyone who is successful in a challenging endeavour will agree: to succeed, you must believe you can do it!

- pg 9 -

The next time you are washing your hands and complain because the water temperature isn't just how you like it, think about how things used to be five centuries back: Most people got married in June because they took their yearly bath in May, and still smelled pretty good in June. However, they were starting to smell, so brides carried a bouquet of flowers to hide the body odor. Hence the custom.

Bath consisted of a big tub filled with hot water. The man of the house had the privilege of the nice clean water, then all the other sons and men, then the women and finally the children. Last of all the babies. By then the water was dirty you could actually loose some in it. Hence the saying: “ Don't throw the baby out with the bath water”.

Houses had thatched roof (thick straw) piled high, with no wood underneath. It was the only place for animals to get warm, so all the cats and all other small animals (mice, bugs) lived in the roof. When it rained it became slippery and sometimes the animals would slip and off the roof.

Hence the saying: “It's raining cats & dogs”.

The floor was dirty. Only the wealthy had something other than dirt. Hence the saying: “dirt poor”.

The wealthy had slate floors that would get slippery in the winter when wet, so they spread thresh (straw) on the floor to help keep their footing. As the winter wore on, they added more thresh until when you opened the door it would all start slipping outside. A piece of wood was placed in the entrance way. Hence the saying: “threshold”.

In those old days they cooked in the kitchen with a big kettle that always hung over the fire and added things to the pot. They ate mostly vegetables and did not get much meat. They would eat the stew for dinner, leaving leftovers in the pot to get cold over night and then start over the next day.

Sometimes stew had food in it that had been there for quite a while. Hence the rhyme: “Peas porridge hot, peas porridge cold, peas porridge in the pot nine days old”. Sometimes they could obtain pork, which made them quite special. When visitors came over, they would hang up their bacon to show-off. It was a sign of wealth that a man could “bring home the bacon”.

They would cut off a little to share with guests and would all sit around and “chew the fat (the pork)”.

Those with money had plates made of pewter.

Food with high acid contents caused some of the lead to leach onto to the food, causing poisoning death. This happened most often with tomatoes, so for the next 400 years or so, tomatoes were considered poisonous.

Bread was divided according to status.

Workers got the burnt bottom of the loaf, the family got the middle, and guests got the top, or “upper crust”.

That's, for the time being.

Now, whoever said that History was boring?

The Universal Declaration of Human Rights All of us have heard or read about our Human Rights. Some of us may even have read the Declaration.

Still fewer might even have had our H. Rights abused, with or without our knowledge.

Here is the full text, yours to keep & read. I hope and pray you never need to make use of it. Ed.

December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE !Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, !Whereas disregard and contempt for human rights has resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, !Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, !Whereas it is essential to promote the development of friendly relations between nations, !Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, !Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, !Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore, THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Rose Parks Defiant symbol for civil rights Rosa Parks, a black seamstress whose refusal to relinquish her seat to a white man on a city bus in Montgomery, Alabama, USA, almost 50 years ago grew into a mythic event that helped touch off the civil rights movement of the 1950s and 1960s, died last October 24, 2005 in Detroit. She was 92 years old. An ordinary person carried out an extra ordinary action. While America stood up she remained seated.

For her act of defiance, Parks was arrested, convicted of violating segregation rules and fined U$ 10. In response, blacks in Montgomery boycotted the buses for 13 months while mounting a successful Supreme Court challenge to the Jim Crow law that enforced segregation and their second class status on the public bus system.

The events that began on that bus in the winter of 1955 captivated the nation and transformed a reluctant 26-year-old preacher named Martin Luther King Jr. into a major

- pg 10 -

civil rights leader. It was King, the new pastor of the Dexter Av Baptist Church in Montgomery, who was drafted to head the Montgomery Improvement Association, the organization formed to direct the nascent civil rights struggle.

in the rear, stand or, if there was no room, leave the bus. Even getting on presented hurdles: If whites were already sitting in the front, blacks could board to pay the fare but then had to disembark and re-enter through the rear door.

On Montgomery buses the first four rows were reserved for whites. The rear was for blacks, who made up more than 75% of the bus system riders. Blacks could sit in the middle rows until those seats were needed by whites. Then blacks had to move to seats

The boycott lasted 381 days. Finally in the case of Browder vs Gayle the U.S. Supreme Court outlawed segregation on the city's buses. The boycott ended the next day (November 13, 1956).

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration,without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-selfgoverning or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence,

Shy and soften spoken, Parks often appeared uncomfortable with the near- beatification bestowed upon her by blacks, who revered her as a symbol of their quest for dignity and equality. But Parks would say that she hoped only to inspire others, especially young people, “ to be dedicated enough to make useful lives for themselves and to help others”. The last thing on her mind was becoming “the mother of the civil rights movement”. It is the first woman to lie in Capitol Hill, prior her burial.

(Various sources IHT)

under national or international law, at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes

freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right to equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children,

Principle of Human Dignity is the intrinsic worth that inheres in every human being. From the religious perspective the source of human dignity is rooted in the concept of Imago Dei, in our ultimate destiny of union with God. Human dignity therefore transcends any social order as the basis for rights and is neither granted by society nor can it be legitimately violated by society. In this way, human dignity is the conceptual basis for human rights. While providing the foundation for many normative claims, one direct normative implication of human dignity is that every human being should be acknowledged as an inherently valuable member of

the human community and as a unique expression of life, with an integrated bodily and spiritual nature.

In religious moral thought, because there is a social or communal dimension to human dignity itself, persons must be conceived of, not in overlyindividualistic terms, but as being inherently connected to the rest of society. Because tradition emphasizes the integral nature of our body and spirit, the human body takes on greater significance and value than in the prevailing dualistic conception of the person.

The normative implications of this conception of human dignity impacts much of moral thought as it

- pg 11 -

whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education.

Education shall be free, at least in the elementary and fundamental stages.

Elementary education shall be compulsory.

Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Prepared for Internet by the Information Technology Section Department of Public Information © United Nations 1998

pertains to a range of human life issues, including health care ethics. For example, the principle is foundational for the tradition's understanding of distributive justice, the common good, the right to life and the right to health care. Other perspectives, both religious and secular, may conceive of human dignity in similar terms with a similar sense of its inherent worth or value and other implications, but may posit different sources for that dignity.

Note. No first class democracy can tolerate second class citizens; neither first class citizen(s) can tolerate second class democracy Ed.

Weekly Piracy Report 1-7 November 2005 The following is a summary of the daily reports broadcast by the IMB's Piracy Reporting Centre to ships in Atlantic, Indian and Pacific Ocean Regions on the SafetyNET service of Inmarsat-C from 1 to 7 November 2005.

ALERT Somalia - NE and Eastern Coast

piracy report

Twenty eight incidents have been reported since 15.03.05. Heavily armed pirates are now attacking ships further away from the coast. Ships not making scheduled calls at Somali ports are advised to keep at least 200 nm from the Somali coast.

Suspicious crafts None reported during the week.

Recently reported incidents 06.11.2005 at 0648 UTC in position 02:29.3N - 048:28.2E, east coast of Somalia.

Pirates armed with rocket launchers and machineguns fired upon a RORO ship underway. Master took evasive manoeuvres and increased speed to maximum. Pirates' boats fell behind and ceased firing. Bridge windows were damaged due to gunfire.

05.11.2005 at 1200 UTC in position 04:26.3N - 054:14.6E, off east coast Somalia.

A bulk carrier underway spotted a craft drifting 16nm away. When ship came close the craft suddenly increased speed and chased the bulk carrier. Master took evasive manoeuvres, increased speed and moved away from the coast. Craft continued the chase until 1400 UTC before moving away.

Craft had one derrick and master suspects this may be a mother ship to launch speedboats who attack ships.

05.11.2005, around 0225 UTC, in position 02:59N 048:01E, 70 nm from east coast of Somalia.

Six heavily armed pirates in two boats chased cruise ship, Seabourn Spirit underway.

They fired with rocket launchers and machine guns causing damage to ship's side. Master took evasive manoeuvres and sailed away from the coast. Pirates aborted the attempt and fled.

One crew sustained injuries to his hand.

- pg 12 -

31.10.2005 at 1900 LT at Basrah oil terminal Alfa anchorage, Iraq.

Three robbers armed with machine guns and knives boarded a tanker. They tied up two crewmembers at forecastle and entered accommodation. Then they took three crewmembers as hostage and went to master's cabin and fired shots at stairs. Robbers ransacked master's cabin and escaped with ship's safe.

30.10.2005 at 0130 LT at Bahia del sol, El Salvador.

Four armed robbers boarded a yacht at anchor. They broke in to skipper's cabin. Alarm was raised and robbers jumped into water leaving behind two machetes. An accomplice waiting in a fishing boat picked them up. Robbers then fired gun shots at the yacht before leaving the scene. No injuries to crew. Incident reported to authorities who began patrolling the anchorage during night.

Piracy prone areas and warnings S E Asia and the Indian Sub Continent ·Bangladesh : Chittagong at berth and anchorage. ·India : Chennai , Kandla ·Indonesia : Anambas/Natuna Island, Balikpapan, Belawan, Dumai, Gaspar/Bar/Leplia Str, Jakarta (Tg.Priok), Pulau Laut, Vicinity of Bintan Island ·Malacca straits : avoid anchoring along the Indonesian coast of the straits. Coast near Aceh is particularly risky for hijackings. ·Singapore Straits Africa and Red Sea ·Gulf of Aden / Southern Red Sea ·Somalian waters - eastern and northeastern coasts are high-risk areas for hijackings. Ships not making scheduled calls to ports in these areas should stay away from the coast.

West Africa : Abidjan , Conakry , Dakar , Douala , Freetown, Lagos , Tema, Warri South and Central America and the Caribbean waters ·Brazil Rio Grande ·Haiti Port au Prince ·Dominican republic - Rio Haina ·Jamaica - Kingston ·Peru Callao

7

The "Seven List"

'

No one can remember more than seven of everything'; some experts say. We have no reason to agree or dispute it; we know that to the ancients, "seven" often meant "many". But we have reasons to bring to your attention the following groups: i. Seven Deadly Sins Pride - Greed - Lust - Envy - Gluttony - Anger - Sloth

The Art of Leadership..

A GOOD Leader is one who > Dares to make the first move > Is able to translate vision into reality > Is able to sense the winds of change and points in the right direction > Inspires and motivates his people > Develops people - ADDS > Develops leaders - MULTIPLIES > Is able to keep cool under pressure > Is a MAN of ACTIONS not just words > Gives HOPE to others > Appeals to the HEARTS of his people not their minds > Is a MAN of INTEGRITY LEADERSHIP DEVELOPMENT IS A LIFE TIME JOURNEY‌.

Wishing you a Successful journey

Your editor considers the "Channel-Tunnel" between France & England the one wonder of the world (in the modern era).

8

ii. Seven Virtues Charity - Faith - Fortidute - Hope - Justice - Prudence - Temperance iii. Seven Ancient Senses Animation - Feeling - Speech - Taste - Sight - Hearing - Smelling iv.- Shakespeare's Seven Ages of Man Infant - Schoolboy - Lover - Soldier - Justice - Pantaloon - Child v.- The Seven (Nine) Muses Clio (History) - Euterpe (Tragedy-Flute) - Melpomene (Tragedy-Lyre) - Terpsichore (Dance) - Erato (Hymns/Lyre) - Polyhymnia (Hymns) - Urania (Astronomy) - Thalieia (Comedy) - Calliope (Epic) vi.- The Seven Wonders of the Ancient World (chronologically) The Great Pyramids of Giza The Hanging Gardens of Babylon The Statue of Zeus at Olympia The Temple of Artemis at Ephesus The Mausoleum of Halicarnassus The Colossus of Rhodes The Lighthouse of Alexandria

7

vii.- The Seven Seas (before the fifteen century, the many seas of the world were):

The Red Sea - The Mediterranean Sea - The Persian Gulf - The Black Sea - The Adriatic Sea - The Caspian Sea - The Indian Ocean Today the world ocean is generally divided into four main oceans: Arctic - Atlantic - Indian - Pacific.

But how about the "Seven Samurais" and the "Magnificent Seven"?

SUCCESS is speaking words of praise, In CHEERING other people's ways, In DOING just the best you can, With every task and every plan, It's SILENCE when your speech would hurt, POLITENESS when your neighbour's curt, It's DEAFNESS when the

scandal flows, And SYMPATHY with others' woes, It's LOYALTY when duty calls, It's COURAGE when disaster falls, It's patience when the hours are long, It's found in laughter and in song, It's in the silent time of prayer, In happiness and in despair, In all of life and nothing less,

- pg 13 -

We find the thing we call SUCCESS (Author unknown)

cont'd from pg 7

Incompetence vs Negligence For example, with proper training and instruction the seafarer will understand the ship and its systems, and acquire the necessary ability to perform the particular task required.

When looking at incompetence therefore, all these matters need to be considered.

1.4 Negligence and Incompetence Compared The dividing line between negligence and incompetence can at times be a very fine one.

In simple terms, a seafarer will be negligent where he is competent to perform the task or duty in question but fails on a particular occasion to meet the required standard of care. A seafarer will be incompetent however, where he does not possess the necessary skills for any of the reasons discussed above, (be it a lack of ability, a lack of adequate training and instruction, a lack of knowledge of the ship and its systems, a disinclination to perform his duties properly, or incapacity) so that he will always fail to meet the required standard of care in carrying out the task or duty in question. Incompetent crew can render

a ship unseaworthy and where, with the exercise of due diligence, the ship owner could have discovered or corrected the incompetence, or found properly qualified and competent crew he risks losing any potential defenses which may be available to him under the terms of the contract of carriage.

Case Study 1: The Makedonia [1962] 1 Lloyd's Rep. 316 The Makedonia broke down in mid-Atlantic because of contamination of her fuel oil and a lack of feed water for her boilers. Professional salvors towed her to the Azores.

The cargo owners settled their proportion of the salvage award and then sought an indemnity from the ship owners, and a declaration that they were not required to contribute anything in general average.

The fuel oil in one of the bunker tanks became contaminated by water from a broken heating coil. The ship had taken on fresh bunkers at Bilbao and although there were still sufficient bunkers on board the chief engineer was so badly working the other tanks that the ship developed a list and several of the tanks then became unpumpable. The evidence suggested the valves for 3 of the port side bunker tanks had been left open after bunkering at Bilbao and never closed.

The chief engineer was properly certificated and was employed after a short interview and an examination of his seaman's book as he had more year's sea service than the other applicant for the post.

The chief engineer was negligent but was he incompetent?

Mr. Justice Hewson thought so and held: “..you cannot convert casual negligence into inefficiency by simply substituting one word for

another. There is a wide gulf between the two and it must be crossed before casual negligence becomes inefficiency sufficient to support a charge of improper manning. After reviewing all the circumstances of this unhappy voyage I conclude that this chief engineer and his second engineer, upon whom rested the real responsibility for matters concerning the engine room, were inefficient. This inefficiency was the direct cause of the contamination of fuel at Balboa and the subsequent contamination of the fuel in the tanks…”

But had the ship owners nevertheless exercised due diligence is selecting the chief engineer?

After all, he was properly certificated and experienced.

Mr. Justice Hewson thought not , holding: “..there is a high probability that the engagement of (name) as chief engineer…was carried out in the most perfunctory manner….I confess to surprise when Captain (name) told me that he took the same time to engage a Chief Engineer as likely to the time to engage an Oiler - five minutes.”

He went on to say: “I cannot imagine anything more damning than a report from a previous owner that he had 'nothing against him.' If nothing confidential is forthcoming the man should be interviewed until the interviewer is reasonably satisfied about him and, if he is not satisfied, he should reject him. Such important appointments to such responsible positions call for a proper interviewing and a proper inquiry. I am left completely unsatisfied that the necessary steps were taken and the necessary inquiries made to discover the record and competence of this chief engineer.”

cont'd from pg 2

Oily Water Separators & Port State Automation, alarms, leds & lamps, indicators and pressure gauges must be safely attached, clearly labeled and in operating condition .

-Overhauling & cleaning of Primary separation column Pressure drop across the filter may rise due to accumulation of sludge and other foreign substances. Open, clean or replace filters as per manufacturer's instructions.

Follow closely the overhauling procedures specified in the manufacturer's operation manual.

Always keep onboard a spare set of filters.

- Overhauling & Cleaning of Secondary separation column Pressure drop in filtering stage may be increased by suspended liquids contained in bilge.

If the pressure difference exceeds the normal pressure operating conditions as observed on the attached pressure

gauges clean the fine filter or coalesce arrangement.

-Maintain internal coating condition.

During overhauling pay attention to verify intact condition of internal coating. If any breakdowns, corrosion, or erosion is observed you must reapply and ensure good coating condition of the internals. Consult instruction manual for using the correct paint.

-Ensure operating condition of Oil Content Monitor Control Unit Verify the proper operating condition of oil content monitor control unit.

The unit comprises a set of optical sensors that measure the level of scattered and absorbed light in the sample steam. If the oil content is above 15 ppm the oil-water separator activates the following systems: a. Bilge Pump stop-alarm b. Re-circulation on alarm with a pneumatic solenoid valve which energizes or de-energizes a pneumatically operated 3-way valve.

- pg 14 -

Test your system and verify the correct response of the automation when 15 ppm alarm comes on.

Note that in the event of an alarm condition the process of discharging bilge water is halted and it may be impossible to restart the process without first flushing with clean water.

This condition may lead to deficiencies during surveys if adequate flushing is not performed.

-Three Way Solenoid valve This valve is controlled by a signal from the Oil Content Monitor Control Unit and is installed before the overboard valve in such a way that when the oil content is greater than 15 ppm the outlet from OWS is directed to bilge tank.

Ensure that the valve is operating properly and the time required for closing is same with that specified in the instruction manual.

-Type approval certificates Ensure that type approval certificates for

M

Note: The information and opinions which this paper contains are not intended to be a comprehensive study, nor to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

(Editor's Note. To be continued on the next issue.

Subjects: 2. Who cares about crimes at Sea? 3.

UNCLOS 82 and MARPOL. Case studies).

ATTENTION!!! - CLIMATE CHANGE.

Celebrations & Bubbly During the New Year or other major celebrations it's customary to open a bottle (or more) of champagne or sparkling wine for 'good luck'.

Here is a small guide of opening and serving champagne: Ensure the wine is well chilled before open it 20 minutes in icy water works best, but an hour in the fridge will do, too.

Ignore the 'formula one' winners - shaking the bottle before opening could mean losing that vase on the mantel or even an eye.

Remove the foil and wire casing from the top.

To open keep one hand firmly on the cork while using the other to slowly turn the bottle.

No corkscrews are needed since it's the bottle, rather than the cork, that's turned.

The pressure inside the bottle will start to push the cork out with a sigh rather than a pop.

Serve champagne in a flute (a tall, narrow glass), rather than in broad-brimmed wine goblets, to preserve the fizz and concentrate the aromas.

Cheers; please don't Drink and Drive!!

Control OWS and Oil Content Monitor Control Unit exist and are filed properly so that they can be presented if requested by the authorities.

following: Every crewmember is entitled to consult with a counsel and to have the counsel present when being interviewed by law enforcement officials.

No one onboard a ship can or should be forced to speak to an investigating law enforcement officer if there is a possibility that the person may incriminate himself by doing so.

Therefore we strongly recommend that if an investigation of this type is being made onboard your ship you must seek legal assistance through owners/ operators/ managers before you speak to any investigating law enforcement officer in order to seek advice and assess the situation.

4. Oil Record book Please refer to Intertanko guide of Oil Record Book correct entries: -Entries must be accurate & truthful Entries must be in compliance with MARPOL requirements.

-Oil record book must be properly maintained (corrections with liquid paper are not allowed) -Oil record book must be consistent with engine room logs and supported with receipts for shore side discharges.

-Engine Room Personnel must be fully aware of the capacities of Bilge pump, Sludge pump and incinerator.

-Any residue or sludge must be either incinerated or discharged into a reception facilities in port and properly accounted for into the oil record book.

Please note that you will receive this letter in the form of a circular in the near future.

Meanwhile please ensure that it is read and understood by all engine room personnel.

Finally, in case of an investigation, you should pay particular attention to the

Michael Kapsorrachis / Technical Manager /Fleet 2

- pg 15 -

C.

4. Understanding the risks key issues for Shipowners / Crew In the current climate, it is essential to manage exposure to criminalisation. If this exposure is not properly managed the consequences could be dire and include the risk of severe penalties (custodial as well as monetary) for crew, owners and managers. Further, there is a real danger of damage to a shipowner/manager's reputation (and knock on effect on shares). This would not only impact the company's bottom line (and likelihood of future viability in today's competitive market) but also the morale of its employees.

Compliments of Max Cross and Harry Hirst.

M AGE ENT I N AN

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NTROF

QUOTATIONS

By Peter F Drucker (1909 - 2005), a management writer and a revolutionary thinker and the world beat a path to his door to meet his huge stature as a management leader.

In all recorded history there has not been one economist who has had to worry about where the next meal would come from.

Management by objectives works if you first think through your objectives.

Ninety percent of the time you haven't.

Management is doing things right; leadership is doing the right things.

Plans are only good intentions unless they immediately degenerate into hard work.

Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. A product is not quality because it is hard to make and costs a lot of money, as manufacturers typically believe. This is incompetence.

Customers pay only for what is of use to them and gives them value. Nothing else constitutes quality.

So much of what we call management consists in making it difficult for people to work.

The most important thing in communication is to hear what isn't being said.

We now accept the fact that learning is a lifelong process of keeping abreast of change. And the most pressing task is to teach people how to learn.

criminalisation M

T

n two separate occasions now the Exxon Valdez Judge has effectively ignored the Court of Appeal's direction to reduce punitive damages to some reasonable and proportionate level. The issue of punitive damages, more than 16 years after the event, still drags on.

he answer, as one might expect, is that “it ain't necessarily so.”

“Criminalisation” is surely unjust when the innocent are punished, but few Club Members sympathise with operators or crews who show reckless disregard for life, environment and property. Nor do the Clubs themselves, whose mandate is to reflect their Members' wishes. Bad operators bring the good into disrepute, and the latter generally endorse sanctions which may encourage the former to mend their ways. Furthermore, the Clubs only insure their Members against specified P&I risks, and do not cover liabilities of any kind (fines or otherwise) which arise from intentional misconduct or recklessness. On the face of it, therefore, the criminalisation or punishment of a crewmember does not necessarily increase insured risk for two reasons: firstly, because Clubs insure shipowners, usually companies, and not individuals; and secondly, because liabilities which actually arise from misconduct are not insured in any event.

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ut of course, there is widespread criticism of criminalisation, and justly so because in too many instances it is unfair, disproportionate and opportunistic. The innocent actor in a shipping casualty is increasingly exposed to the risk of punitive government or legal action, driven by political or commercial expediency.

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reatment of this kind is not confined to the developing world. In the West, and in the United States whose legal system is already renowned for excess of every kind, we see the same political posturing, the same broad brush approach to individual rights and liberties, and most of all the same attitude towards unintended maritime accidents. This is what lies beneath the different ways in which the private sector (on the one hand) and public bodies (on the other) may deliberately, or otherwise, exploit opportunities to punish alleged wrongdoers.

T

he grounding of the “Exxon Valdez” in March 1989 is a telling example. The company paid over US$3.4bn for clean-up, compensation and fines, covering losses to private individuals and companies, including over US$1bn paid to State and Federal governments. Even the prosecutor acknowledged that this amounted to sufficient deterrent (the cargo was worth US$25m) and that further punishment was unwarranted. But the private claimants, mainly fishermen, were not content with the outcome, and launched an action for punitive damages in an attempt to secure financial reward from the spill.

I

t was thus necessary for Exxon to be “criminalised”, since only if found guilty of recklessness or worse could punishment in the form of punitive damages be justified. The jury concluded that Exxon's vicarious liability for the master's “recklessness” justified a punitive damages award of US$5bn. The Judge, defending that decision when (later) the Court of Appeal remitted it for review, said that Exxon's management of the master amounted to “intentional malice to the plaintiffs”.

I

t was no doubt unwise of Exxon to allow the vessel to be captained by a recovering alcoholic, although whether the company knew that he was or might be drinking again is an

n cases like Exxon Valdez, and far too many others in the United States, the “criminalisation” of defendants has a clear financial purpose: it is the platform upon which private claimants can base exorbitant claims for punitive damages. Without such damages they must be content with compensation “merely” for the loss they have suffered, rather than being rewarded for non existent loss.

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nd yet, despite what some people think about the hazards of the American legal system, the risk of being held liable for exorbitant punitive damages is significantly less now than it was when the Exxon Valdez grounded. In a number of decisions over the last several years, the Supreme Court has made it abundantly clear that punitive damages are not a gold-digger's charter, and that in every case they must be proportionate and necessary. In recent years many excessive awards have been successfully challenged as a result. If anything, this horizon has brightened for insured and insurers alike.

T

he same cannot be said for individuals who go to sea. States and government bodies have to grapple with the swell of public antipathy and political posturing which seems inevitably to follow any major shipping incident.

The fact that compensation is available to make good the private and public losses suffered when such accidents occur has not diminished the appetite of many governments to mete out punishment, including fines and imprisonment. The arrest and detention of ship's officers and crew is an all too familiar occurrence in the wake of oil spills, and yet in most cases there is nothing to suggest any misconduct (recklessness, intentional harm, etc) which might justify such action. The innocent victims of oil pollution undoubtedly include those whose property and businesses are contaminated or jeopardised; they also include those who serve on board, and who are the easiest targets when “culprits” must be found. It is particularly disheartening that in Europe now, a draft directive which encourages imprisonment of individuals and fines wherever pollution results from “serious negligence” is likely to be adopted. It may well be, as the proponents of the directive claim, that the intention is to enable (and to require) punishment only in cases of serious personal misconduct. But it requires little imagination to see that a test of “serious negligence” opens the door to punishment in far less severe cases. What will happen when a simple navigational error causes extensive pollution damage? Can we be sure that courts in one or another European Community state will not treat the incident as one of “serious negligence”?

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he problem, as always, is not so much what is said or even intended by the officials who concoct these laws, but what is done and how they are used (or misused) by the officials and courts which enforce them.

And whilst the imprisonment of innocent seafarers in a marine casualty is unlikely, for the reasons already explained, to have any direct impact upon insurers of pollution and other marine liabilities, eventually it must affect the willingness and ultimately the quality of men and women who serve at sea. All punishment imprisonment, fines, punitive damages is justified by those who conceive or impose it as a necessary deterrent. But deterrence cuts both ways, and there is a danger that criminalisation will undermine attempts to attract good people to a life at sea.

Articles written in this bulletin do not necessarily reflect the views or policies of CENTROFIN. DISCLAIMER. The contents provided herewith are for general information purposes only; not intended to replace or otherwise contradict the detailed instructions issued by the owners, flag etc.

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CENTRO-NEWS

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Wavelength

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Director of claims and North American Underwriting at Steamship Mutual

entirely different question. But the idea that Exxon deliberately set out, with malicious intent, to injure and cause loss to the 32,000 odd fishermen who constituted the claimants seems obviously untenable; or at least untenable in the real world.

CE

By Stephen Martin,

any commentators regard the so-called “criminalisation” of operators, masters, crew and others involved in marine casualties as a form of injustice in it. There is also the question whether punitive action, particularly the arrest and detention of marine personnel, significantly increases the liabilities insured by the P&I Clubs.

Editor: Cmdr Nicholas A. Iliopoulos Staff Captain - Human Resources Manager Tel: +30.210 8983.305 Fax: +30.210 8983.231 E-mail: ilioship@yahoo.com.sg Design-Production: www.paradox.com.gr Tel: +30.210 6560.832