Beijing ‘violated’ 3 maritime laws

China violated at least three international maritime rules during the collisions of its ships with Philippine vessels at Ayungin Shoal on 22 October.

Commodore Jay Tarriela, Philippine Coast Guard spokesperson for the West Philippine Sea, said vessels of the China Coast Guard and Beijing's maritime militia infringed on provisions of the 1972 Convention on the International Regulations for Preventing Collisions at Sea, or COLREGs.

"The first one violated was Rule 2 or the responsibility of the vessel. This rule emphasizes that nothing in the COLREGs can absolve any vessel from the duty to avoid a collision," he said.

Tarriela explained that deliberately blocking a vessel "not only increases the risk of collision" but also disregards the "fundamental principle of taking action to prevent a potential collision."

China also ran afoul of Rule 7, or the risk of collision, which requires every vessel to "use all available means appropriate to the prevailing circumstances and conditions to determine if a risk of collision exists," he said.

Tarriela said that Rule 7 is considered in conjunction with other relevant rules and factors, such as Rules 5 (look-out), 6 (safe speed), and 8 (action to avoid collision).

During the incidents, China ignored Rule 18A or "the responsibilities between vessels" which requires a vessel to keep out of the way of another vessel if the latter has the right of way, Tarriela said.

By deliberately blocking a vessel, "you are not allowing the other vessel to proceed in accordance with their right of way," he explained.

Shadowed

He noted the active participation of the Chinese militia ships in the harassment and blocking of the supply contingent from the Armed Forces of the Philippines.

"For the first time, the Chinese maritime militia vessels are also doing such dangerous maneuvers. They even collided with our PCG vessel. Before, they were just taking orders from the CCG," he said.

During the resupply mission, the Philippines was outnumbered by five CCG vessels, eight militia ships, and two People's Liberation Army Navy vessels.

The Chinese ships shadowed and harassed the Philippine vessels.

A CCG vessel collided with the AFP-chartered resupply ship, Unaiza May 2, as it attempted to block the latter's path to the BRP Sierra Madre at about 10.5 nautical miles from Ayungin Shoal on Sunday.

On the same day, a separate collision occurred between the BRP Cabra and a CMMV some 6.4 nautical miles from Ayungin Shoal.