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Legal study backs IMO authority on policing emissions

IMO already has the legal authority to implement and enforce policies to achieve climate target.

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A study conducted by Environmental Defense Fund and Columbia Law School’s Sabin Center for Climate Change Law finds the International Maritime Organization (IMO) already having legal authority to implement and enforce policies to achieve its new climate target.

The Legal Bases for IMO Climate Measures study finds IMO can – by simply amending its existing regulations – ensure speedy entry into force of climate measures, while ensuring the measures are legally binding, enforceable and implemented globally.

“This legal analysis shows there is a clear path open for the quick adoption of effective and enforceable policies to translate the shipping industry’s ambition on climate change into concrete policies,” said Aoife O’Leary, Legal Analyst at Environmental Defense Fund Europe and co-author of the analysis.

“The IMO has a long track record in adopting enforceable, impactful global measures and IMO policy on climate change should be no different.”

To evaluate what policies and measures the IMO could and should implement to meet the goals set out in its initial climate deal, the study addresses three legal issues:
 

  1. Whether the IMO has legal competence to address greenhouse gases;
  2. Whether the IMO has legal capacity to adopt measures such as: introducing a climate fund to support low carbon technologies or a carbon pricing measure, or setting up an independent body to assist with climate governance; and
  3. How the IMO may enact these measures, e.g. via an amendment to an existing treaty, adoption of an entirely new treaty, or adoption of other legal instruments.

The analysis finds countries can and should adopt climate measures by amending the IMO’s International Convention for the Prevention of Pollution from Ships (MARPOL) – specifically Annex VI, which limits air pollutants from ships.

Countries at the IMO agreed in April to reduce international shipping’s greenhouse gas pollution by at least 50% by 2050 compared to 2008 levels, and to peak emissions as soon as possible.

“Meeting IMO’s climate goal will take significant commitment from the shipping sector, but it will not require a new treaty,” said O’Leary.

“With a smart set of policies and measures, such as new governance arrangements coupled with a cost for polluting, effective climate rules could come into effect within just two years.

“This speedy, elegant way for the IMO to establish climate policies should be welcome news to those concerned with addressing the urgent climate crisis.”

The full study can be found here.

Published: 2 July, 2018
 

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Winding up

Singapore: JITF Shipping and Logistics to undergo voluntary wind up

A liquidator has been appointed at an extraordinary general meeting held on 25 November for the purpose of winding up company’s affair, according to Government Gazette notice.

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RESIZED Drew Beamer

A notice in the Government Gazette was published by the Director of JITF Shipping and Logistics (Singapore) Pte Ltd on Monday (2 December), regarding a Special Resolution that was passed in relation to the winding up of the company.

The following resolution was duly passed during an an Extraordinary General Meeting of the company convened and held on 25 November 2024:

That it has been proved to the satisfaction of the meeting that the Company cannot by reason of its liabilities continue its business and accordingly the Company be wound up voluntarily and that Ms Chan Li Shan c/o Agile 8 Solutions Pte. Ltd., 133 Cecil Street #14-01 Keck Seng Tower Singapore 069535 be and is hereby appointed liquidator for the purpose of winding up the affairs of the Company.

According to SGP Business website, JITF Shipping and Logistics’s principal activity is shipping, including chartering of ships and boats with crew. 

 

Photo credit: Drew Beamer
Published: 4 December, 2024

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Winding up

Singapore: Notices of dividend issued for Xihe Holdings’ subsidiaries

Dividend notices of to Hua An Shipping, Hua Sheng Shipping, Hua Xin Shipping and Nan Sia Maritime their creditors have been posted on the Government Gazette.

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RESIZED Jo_Johnston from Pixabay

Several notices were published in the Government Gazette on Friday (29 November), regarding the first interim dividend to creditors of Xihe Holdings’ subsidiaries – Hua An Shipping Pte Ltd, Hua Sheng Shipping Pte Ltd, Hua Xin Shipping Pte Ltd and Nan Sia Maritime Pte Ltd.

The following are details of the notice of dividend of Hua An Shipping:

Name of Company : Hua An Shipping Pte. Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / : 200610919Z
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View, #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 100.00 cents to a dollar of admitted preferential claims
31.90 cents to a dollar of admitted unsecured claims
First and Final or otherwise : First Interim Dividend
When payable : 29 November 2024
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above.

The following are details of the notice of dividend of Hua Sheng Shipping:

Name of Company : Hua Sheng Shipping Pte. Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No. : 200611200D
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View, #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 100.00 cents to a dollar of admitted preferential claims
18.80 cents to a dollar of admitted unsecured claims
First and Final or otherwise : First Interim Dividend
When payable : 29 November 2024
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above.

The following are details of the notice of dividend of Hua Xin Shipping:

Name of Company : Hua Xin Shipping Pte. Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No.: 200611204G
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 100.00 cents to a dollar of admitted preferential claims
19.40 cents to a dollar of admitted unsecured claims
First and Final or otherwise : First Interim Dividend
When payable : 29 November 2024
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above.

The following are details of the notice of dividend of Nan Sia Maritime:

Name of Company : Nan Sia Maritime (Pte.) Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No. : 200814320Z
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View, #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 100.00 cents to a dollar of admitted preferential claims
16.50 cents to a dollar of admitted unsecured claims
First and Final or otherwise : First Interim Dividend
When payable : 29 November 2024
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above.

 

Photo credit: Jo_Johnston from Pixabay
Published: 3 December, 2024

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Winding up

Singapore: High Court to hear oil trader Hontop Energy winding up application

Application for the winding up of Hontop Energy (Singapore) Pte Ltd was filed by joint and several judicial managers of the company on 30 October, according to Government Gazette notice.

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An application for the winding up of Hontop Energy (Singapore) Pte Ltd was filed by joint and several judicial managers of the company on 30 October, according to Friday (29 November) notice on the Government Gazette.

It noted the winding up application is directed to be heard before the Judge sitting in the General Division of the High Court at 10am on 21 January. 

Hontop Energy was one of four Singapore-based trading companies to have collapsed in 2020, together with oil traders Hin Leong and Zenrock and coal trading firm Agritrade. Hontop, which went into receivership in February, is fully owned by Chinese private-sector firm Wanda whose group assets include the 100,000 b/d Tianhong independent refinery in Shandong province.

It was previously reported that the High Court of Singapore approved Malaysian bank CIMB’s application for Hontop Energy, the trading arm of Chinese independent refiner China Wanda Holding Group Co Ltd, to be placed under judicial management. 

According to the filing at the time, CIMB is looking to recover USD 105 million that it has lent to the company and Hontop owes approximately USD 470 million to seven creditors. 

Lin Yueh Hung and Oon Su Sun of RSM Corporate Advisory Pte Ltd were nominated to act as the judicial managers.

According to the Government Gazette notice, any creditor or contributory of the company desiring to support or oppose the making of an order on the winding up application may appear at the time of hearing by himself or his counsel for that purpose.

A copy of the winding up application will be furnished to any creditor or contributory of the company requiring the copy of the winding up application by the undersigned on payment of the regulated charge for the same.

The Applicant's address is 8 Wilkie Road #03-08 Wilkie Edge, Singapore 228095.

The Applicant's solicitors are Rajah & Tann Singapore LLP of 9 Straits View #06-07 Marina One West Tower, Singapore 018937.

Note: Any person who intends to appear on the hearing of the winding up application must serve on or send by post to the abovenamed RAJAH & TANN SINGAPORE LLP, the Claimant’s Solicitors, notice in writing of his intention to do so. The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person, firm, or his or their solicitor (if any). Unless otherwise directed by the Court, the notice must be served and, if sent by post, must be posted in such sufficient time as in the ordinary course of post to reach the abovenamed at least 3 clear working days before 20 January 2025 (the day before the day appointed for the hearing of the application).

Related: Hontop Energy placed under judicial management over fraudulent conduct accusations
Related: Hearing date set for Hontop Energy to be placed under judicial management
Related: CIMB requests for Hontop Energy restructuring amid suspicious transactions with BP
Related: Argus Media: Hontop Energy fraud allegations add to Singapore trading woes
Related: BP Singapore oil traders on leave over being named in Hontop Energy fraud allegations

 

Photo credit: Manifold Times
Published: 2 December, 2024

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