|Abandonment ID:|| 00477|
|Nom du navire:||Oriental Dragon[disputed]|
|No. OMI (7 chiffres):||7125861|
|Port d'abandon:||Penang, Malaysia|
|Date d'abandon:||13 juillet 2020|
|Date de notification:||23 octobre 2020|
|Gouvernement ou entité rapportante:||Fed. int. des ouvriers du transport (ITF)|
|Nombre de marins:||243|
|Nationalités:||Chine(117); Myanmar(119); Malaisie(1); Ukraine(6)|
The seafarers have not been paid since March 2020. Contracts of almost all seafarers have expired already and no one is having effective contract in the next month. The owner, Hopewin Shipmanagement Co Ltd in Hong Kong promised seafarers in last August that they would pay salaries of March, April, May, June and July in September but the promise has not been fulfilled yet, and seafarers have been abandoned by the company.
|Actions entreprises:||21 octobre 2020: L'Etat du Pavillon à été informé|
Reported this case to Panama Maritime Authority on 21-Oct-2020 and a response was delivered by Chief of MLC Section in the next day noting that the complaint was sent to General Directorate of Seafarers according to the circular MMC 264 regarding on board complaint procedures. An additional audit would be conducted by the recognized organization, and the Flag, General Directorate of Merchant Marine, would carry out and safety inspection.
|Situation concernant le rapatriement:||En attente de rapatriement|
243 seafarers are awaiting repatriation.
|Paiement des salaires:||En attente de paiement|
7 months outstanding.
|Commentaires et observations:||Gouv. de Panama (9 novembre 2020)|
On October 23, 2020, this Administration received a labor complaint against the vessel based on the abandonment of 243 seafarers, with pending salaries (since March 2020) and pending repatriation. We proceeded according the regular procedure by contacting the Registered Owner, Operator and/or Local Resident Agents, regarding the labour complaint filed, and looking to obtain a promptly clarification and solution of the situation denounced.
Gouv. de Panama (31 décembre 2020)
On October 23, 2020, this Administration received a labor complaint against the vessel based on the abandonment of 243 seafarers, with pending salaries (since March 2020) and pending repatriation. We proceeded according the regular
procedure by contacting the Registered Owner, Operator and/or Local Resident Agents, regarding the labour complaint filed, and looking to obtain a promptly
clarification and solution of the situation denounced.
Through Email of November 09, 2020, the financial guarantee of the ORIENTAL DRAGON ship issued by the company SEACURUS / THOMAS MILLER CLAIMS MANAGEMENT (Claims Handlers) was activated, and notified to the email email@example.com
By Email dated November 11, 2020, the financial guarantee activation request was reiterated via email to firstname.lastname@example.org
In response to the lack of response, the request for activation of the financial guarantee was sent to Patrick.Bond@thomasmiller.com, who by Email of November 14, 2020 proceeds to confirm receipt of the claim and indicates that they will be assigned a correspondent to attend the claim.
On November 19, 2020, an email was received from the P&I informing us that they have instructed their correspondent in Malaysia to attend to the case and that despite the difficulty of the case they will try to repatriate the entire crew.
By Email dated November 23, 2020, the P&I was asked for information on the progress made in dealing with the claim for the abandonment of the ORIENTAL DRAGON ship. Our request for information on the procedures for the repatriation of the crew was reiterated by Email of November 25, 2020, December 21, 2020, and December 31, 2020.
The Maritime Authority of Panama is closely monitoring the progress regarding the care of the abandonment case.
Fed. int. des ouvriers du transport (ITF) (5 mars 2021)
The case has now been referred to the High court in Malaysia. Disputed.
Fed. int. des ouvriers du transport (ITF) (4 mai 2021)
The vessel has been arrested by the crew, supported by ITF. All non-essential crew have now been repatriated with the assistance of Thomas Miller as the MLC financial security provider. Crew have also received the 4 months wages required by MLC, but are still owed many months.
Unfortunately, a number of crew are required to remain on board to satisfy safe manning requirements, some of whom have already been on board for 19 months, well in excess of the 11 month limit established by the MLC.
In addition, the vessel owner has opposed and attempted to undermine the claims of the crew and the actions of the MLC financial security provider at every step of the legal process. They have consistently denied responsibility for the crew and sought to prevent the crew from obtaining the wages they are rightfully owed.
It seems manifestly unjust that the crew, despite being abandoned, despite the positive intervention of the financial security provider and despite taking actions of their own to protect their interests should still find themselves in this situation with little or no support from the governments who are obliged to protect them.
I would like to ask the flag what action they intend to take in respect of an owner who operates in this way as we have seen little reaction or response from the flag to date. Will the owner face any sanctions?