NAVIGATION RELATED TECHNICAL INVESTIGATION FLAWS IN
INDICTMENT File No.: 2009-chen-tzu-ti-1873 DATED 16 JULY 2009 BY
Prosecutors Hsueh Chih-Yu AND Lin Shih-Chun of Hualien District Court of
Taiwan
Ser Indictment Technical Flaws
1 Page 8: The repeated forcible attempts to hoist the capsized Shin
"Afterward, three Tomg Chyuan No. 86 to stand upright with a bulldozer
hoists and a bulldozer damaged the hull. Later the correct method of pumping
were brought in to help air into the now damaged but still unbroken hull with
with the evidence proper use of two heavy-duty hoists made the ship float.
collection operation The denial of joint inspection by both sides makes the
and eventually proved charges at Page 12 “hull of the fishing boat Shin Tomg
useless to enable the Chyuan No. 86 was damaged” unreliable and
capsized Shin Tomg unacceptable as evidence in any civilized system of
Chyuan No. 86 to stand jurisprudence.
upright."
Page 9:
"It was not until 15:44,
May 1 were two heavy-
duty hoists deployed to
hoist the hull and was
air pumped into the
hull so that the
capsized Shin Tomg
Chyuan No. 86 stood
upright successfully
and emerged from
water to be afloat."
Page 12:
"11 A report made by
the Criminal
Investigation Bureau,
Ministry of interior on
evidence collected from
the wreckage of the
fishing boat Shin Tomg
Chyuan No. 86 The
fact that the hull of the
fishing boat Shin Tomg
Chyuan No. 86 was
damaged."

2 Pages 14-15: The International Convention on Standards of Training,
"According to Certification and Watchkeeping for Seafarers 1978, as
testimonies given by amended in 1995 (STCW-95) was adopted by the
witnesses Hsu Kuo- International Maritime Organisation (IMO) in 1978 and
Ching and Chu Cheng- came into force in 1984. During the late 1980s, it was
Kuo who are officials clear that STCW-78 was not achieving its aim of raising
of Keelung Harbor professional standards world-wide, and so IMO
Bureau, Ministry of members decided to amend it. This was done in the early
Transportation and 1990S, and the amended Convention is now referred to
Communications, as STCW-95. Whereas the STCW-78 Convention
during prosecutor focused almost entirely on knowledge, the emphasis of
interrogation, STCW-95 has been shifted to practical skills and
international maritime competence underpinned by theoretical knowledge. The
customary practice: in standards set by the Convention applies to seafarers of
addition to operating all ranks serving on sea-going merchant ships registered
the helm, a sailor shall under the flag of a country Party to the Convention. The
serve as a lookout Convention has already been accepted by 133 countries,
man; if an officer is on including all major labour suppliers and shipping
duty in the steering registries but R.O.C. Taiwan does not find a mention
room/bridge and has here. Between 7 February 2007 and 11 May 2007 eight
switched to manual vessels of R.O.C. Taiwan Coast Guard were got
steering, the sailor at inspected for classification by an IASC member, DNV
helm shall be in charge on specific request of owner. This resulted in a
of operating the helm withdrawal of classification of all eight vessels.
only; a senior sailor
shall follow an order This may point to serious deficiencies in the way
subserviently rather STCW 78 / STCW 95 is being implemented in R.O.C.
than take charge of Taiwan. CCRS, R.O.C. Taiwan is currently amongst
determining the course non-IACS Classification Societies. "Notice published
of navigation. Even if a pursuant to Article 27(4) of Council Regulation (EC) No
senior sailor finds that 1/2003 in Case 39.416 — Ship classification" on 10
a command given by an June 2009 has opened the way for non IACS members
officer on duty is such as Taiwan's CCRS to consult technical data on
wrong, the senior IACS database by 2011. As a direct result of this
sailor shall not be decision IACS Quality System Certification Scheme is
entitled to contesting also being modified so that requirements therein (the
the wrong command Quality Management System Requirements and IACS
given by the officer on Unified Requirements, Common Structural Rules,
duty. In other words, a Unified Interpretations and Procedural Requirements)
senior sailor only has can be applied equally by IACS Members and non-IACS
to follow a superior Classification Societies (including non-Applicants for
officer’s orders and IACS Membership).
execute the orders. The
International It is only in 2011 that any R.O.C. Taiwan entity or
Convention on investigator would be able to meet the quality standards
Standards of Training, requisite for navigation investigations of member Flag

Certification and State vessels on the high seas. Hence the so called
Watchkeeping for investigation by witnesses Hsu Kuo-Ching and Chu
Seafarers, 1978, or Cheng-Kuo who are officials of Keelung Harbor Bureau,
1978 STCW for short, Ministry of Transportation and Communications, R.O.C.
provides: a competent Taiwan do not meet the quality standards for fair and
seafarer, a helmsman, impartial investigation for the Panama Flag State vessel
or a sailor shall M.T. Tosa.
operate the helm or
look out for danger in A proper investigation is sine qua non for proceeding
the course of with any criminal action. No proper investigation having
navigation of the been seen to be done makes the criminal trial at Hualien,
vessel, or shall stand illegal, arbitrary and against the principles of natural
guard at the end of a justice, which are recognized by all civilized nations.
staircase of the vessel
while the vessel was It shall therefore be incumbent upon Flag State, Panama
moored to a harbor, to file for prompt release of crew as well as a separate
and shall follow the application for provisional measures.
orders given by the
Chief Officer, a
navigation sailor on
duty, or the chief
seafarer,
clean/maintain the
inside and outside of
the hull, machines
installed on the deck,
and the living cabin,
and prepare for the
goods to be loaded or
unloaded."