On the point that a shipowner can exercise his cargo lien only if, at the time specified for discharge, the cargo still belongs to the shipper or charterer who is liable to the shipowner for the debt, Chinese law seems clear. On the same point, English law turns out to be less so. If English law, so long so vital to international maritime trade, may reasonably be said in turn to reflect the practice and inclinations of those experienced in that trade, then the absence of contrary precedent in English law legitimizes the present posture of Chinese law. So does simple fairness. The Chinese Maritime Code should not be revised so as to extend the reach of shipowners' liens to the cargoes of third parties without personal liability; rather, it should be left alone, affording the protection of law to both poor shipowners and innocent third party consignees or holders of bills of lading. As it stands, the Maritime Code has Struck the right balance between the competing interests of shipowners and cargo receivers. Neither group should be unfairly treated by the Maritime Code with regard to cargo liens, so long as the group's members act prudently. Everywhere, shipowners ought to reserve their services for reputable charterers. In China, they should take care in the exercise of their right to a cargo lien so as to avoid wrongful detainment and its consequent indemnity. As Articles 69 and 78 of the Maritime Code provide, a shipowner can make the third party consignee or holder of bill of lading liable for his debts due under the bill of lading or charter either by clearly so providing in the bill of lading, or, with an incorporation clause, endorsing such debts on the bill of lading. By either course, a shipowner may successfully navigate Chinese law on the way to effective exercise of his right to a cargo lie nagainst a third party receiver. For his part, the consignee or holder of bill of lading can protect himself against such liens by making explicit in the contract of sale his right to refuse bills of lading so burdened or endorsed or else his right to indemnity from the shipper or charterer as seller.
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