Professional Documents
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LetterXB 0421 9610 0 12 XD08024 288 010320 Postal code:100000 Room 1201 Hyundai Motors Tower, No. 38 Xiaoyun Road, Chaoyang District, Beijing Recipient: Person in Charge at ConocoPhillips China Inc.
ChinaPost 1080 JinK7 Tianjin Maritime Court Address: No. 75 Second Boulevard, Tianjin Economic and Technological Development Zone Postal Code: 300457
Proof of Service
(For general use in all kinds of cases) Cause of Litigation Dispute with regard to liability for damages Case No. 2012 (Shi) Zi No. 1 due to marine pollution 1 copy each of statement of complaint, notification of acceptance, power of attorney, legal representative identity card, evidence notice, notice of proceedings, evidence list, address confirmation and supervision card
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For Reference
Please mail (send) the receipt to the case filing division of this court!
Filled out by: Chen Xingwang Server: Notes: Service of criminal Litigation Documents shall be processed in accordance with the requirements as described in Provision Fifty-Seven of the Criminal Procedure Law; service of civil litigation and administrative Litigation Documents shall be processed in accordance with the requirements as described in Provision Seventy-Eight and Provision Seventy-Nine of the Civil Procedure Law. When Litigation Documents are received on someones behalf, the receiver should also indicate the relationship thereof with the person served and the reason for reception on behalf of the person served after the receiver has signed or affixed their seal to the documents.
Li Keqin, male, Han nationality, 60 years old, farmer, I.D. Card No.: [redacted] Address: No. 24, Lane 11, Xiawa Village, Matouying Township, Leting County, Tangshan City, Hebei Province Wang Guixin, male, Han nationality, 52 years old, farmer, I.D. Card No.: [redacted] Address: No. 3, Lane 5, Guodong Village, Matouying Township, Leting County, Tangshan City, Hebei Province Kan Jianjun, male, Han nationality, 40 years old, farmer, I.D. Card No.: [redacted] Address: No. 16, Kantiangezhuang Village, Panggezhuang Township, Leting County, Tangshan City, Hebei Province Yin Xiangguang, male, Han nationality, 36 years old, farmer, I.D. Card No.: [redacted] Address: No. 4, Lane III, Yinzhengliu Village, Guhe Township, Leting County, Tangshan City, Hebei Province Chen Zhaohai, male, Han nationality, 45 years old, farmer, I.D. Card No.: [redacted] Address: No. 7, Gaoshanli, Aoshanwei Township, Jimao City, Shandong Province Yu Jichuan, male, Han nationality, 40 years old, farmer, I.D. Card No.: [redacted] Address: 1-3-1 No. 2-1, Heping Road, Jinzhou District, Dalian City, Liaoning Province Zhang Tianlong, male, Han nationality, 61 years old, farmer, I.D. Card No.: [redacted] Address: 2-2-2 No. 189, Bulao Street, Shahekou District, Dalian City, Liaoning Province Zhang Tianfeng, male, Han nationality, 59 years old, farmer, I.D. Card No.: [redacted] Address: No. 22, Anyang Street, Zhongshan District, Dalian City, Liaoning Province Tang Delong, male, the Man nationality, 35 years old, farmer, I.D. Card No.: [redacted] Address: No. 4 Liutiaogou, Huangqi Village, Shhe Man Nationality Township, Jinzhou District, Dalian City, Liaoning Province Yang Yingzhi, male, Han nationality, 37 years old, farmer, I.D. Card No.: [redacted] Address: 1-4-1 No. 23, Jinhuli, Dalian Economic and Technological Development Zone, Liaoning Province Fu Chuanjia, male, the Man nationality, 47 years old, farmer, I.D. Card No.: [redacted] Address: No. 41, Guojiatun, Zhangjiacun, Sanshilipu Township, Jinzhou District, Dalian City, Liaoning Province Mei Yuhe, male, the Man nationality, 41 years old, farmer, I.D. Card No.: [redacted] Address: No. 197, Dongshanhoutun, Dongshanhou Village, Sanshilipu Township, Jinzhou District, Dalian City, Liaoning Province Wang Fuyong, male, Han nationality, 35 years old, farmer, I.D. Card No.: [redacted] Address: No. 49, Paifanggou, Dawang Village, Shihe Man Nationality Township, Jinzhou District, Dalian City, Liaoning Province
Sun Jinkun, male, Han nationality, 45 years old, farmer, I.D. Card No.: [redacted] Address: No. 31, Liutiaogou, Huangqi Village, Shihe Man Nationality Township, Jinzhou District, Dalian City, Liaoning Province He Yunchao, male, the Man nationality, 43 years old, farmer, I.D. Card No.: [redacted] Address: No. 18 Dazuizitun, Dazui Village, Donggang Township, Wafangdian City, Liaoning Province Liu Jun, male, Han nationality, 41 years old, farmer, I.D. Card No.: [redacted] Address: No. 6-3 No. 58 Huaihai Street, Shahekou District, Dalian City, Liaoning Province An Zhiyong, male, Han nationality, 32 years old, farmer, I.D. Card No.: [redacted] Address: No. 25, Lane 4, Laoyujian Village, Matouying Township, Leting County, Tangshan City, Hebei Province A total of 29 people. Authorized Agent: Zhang Fuqiu, male, 54 years old, Han nationality, resident of Leting County of Hebei Province, Address: No. 94-4 Jinrong Boulevard, Leting County, President of Hebei Leting Aquaculture Association, I.D. Card No.: [redacted], Tel: 15127549966. Liu Zhanguo Defendant: ConocoPhillips China Inc. Legal Person: Georg Storaker Address: Room 1201 Hyundai Motors Tower, No. 38 Xiaoyun Road, Chaoyang District, Beijing Tel: 010-84538666 Fax: 010-84538566 Defendant: China National Offshore Oil Corporation Legal Person: Wang Yilin Address: No. 25 North Boulevard, Chaoyangmen, Dongcheng District, Beijing Tel: 010-84521999 84521425 64013119 84522973 Fax: 010-84521441
Claims
1. The two defendants shall be ordered to compensate for the losses incurred to the plaintiffs due to pollution of the environment, a total of RMB 234,574,600 Yuan; 2. The two defendants shall be ordered to pay the appraisal cost paid in advance by the plaintiffs, which is a total of RMB 7,037,200 Yuan;
3. The litigation costs of this case shall be borne by the two defendants.
(I) The Fishery Environment and Aquatic Product Quality Inspection and Testing Center under the Ministry of Agriculture conducted laboratory tests for appraisal of the sea water, infected sea cucumber and common shrimp (banded shrimp) samples: (1) Sea water appraisal report: for the NY2011-WT-S-349 test item of petroleum category, the minimum safety standard was mg/10.05, and through testing, the sea water content was 0.19, the levels of petroleum in the tested samples were severely above acceptable standards in the aquaculture water area, and were not appropriate for sea cucumbers to survive. (2) Sea water appraisal report: for the NY2011-WT-S-350 test item of petroleum category, the required standard (qualification) unit was mg/10.05, and through testing, the sea water content was 0.54, the petroleum category indexes were severely above the standards in the aquaculture water area, and were not appropriate for banded shrimp to survive. (3) Laboratory report on the levels of petroleum contained in the bodies of the infected and dead sea cucumbers showed that, for NY2011-WT-C-132, the required standard unit for petroleum hydrocarbon content inside the sea cucumber body was mg/l15, and through testing, the content inside the sea cucumber body was 31, so the tested item petroleum hydrocarbon was not qualified and was far above the standard, and the sea cucumber was not edible. (See the report by the Fishery Environment and Aquatic Product Quality Inspection and Testing Center under the Ministry of Agriculture for details.) (4) The laboratory test report on the oils contained in the bodies of the infected and dead common shrimp (banded shrimp) showed that, for NY2011-WT-C-131, the required standard unit for petroleum hydrocarbon content inside the common shrimp body was mg/l15, and through testing, the content was 44, so the tested item petroleum hydrocarbon was not qualified and was far above the standard, and the common shrimp was not edible. (See the report by the Fishery Environment and Aquatic Product Quality Inspection and Testing Center under the Ministry of Agriculture for details.) (II). Test Reports by the North China Sea Environment Monitoring Center of the State Oceanic Administration: On September 27, 2011, the North China Sea Environment Monitoring Center of the State Oceanic Administration received the spilled oil samples collected from the sea cucumber pool and shrimp pool south of Daqinghe salt field by Tangshan Leyang Aquatic Product Company Limited on July 18, 2011, and the two appraisal conclusions numbered as Y2011092701/Y2011092702 showed that (1) the spilled oil samples Y2011092701/Y2011092702 were both heavy crude, and (2) the spilled oil sample Y2011092701 was consistent with the Penglai 19-3 C Platform spilled oil sample in oil fingerprint. Y2011092702 was consistent with the Penglai 19-3B Platform seabed spilled oil sample in oil fingerprint (See the report by the North China Sea Environment Monitoring Center of the State Oceanic Administration for details).
(III). Report of the North China Sea Division of the State Oceanic Administration on Appraisal of the Oil Fingerprint of the Oil Stain Samples at Tangshan Beach. Our division once again organized monitoring personnel to conduct tests at Tangshan Shallow Bay Bathing Beach where oil stains were found on the 13th, 16th and 18th of the month. Through oil fingerprint appraisal and analysis, the oil stain samples collected at the site on the 13th were consistent with the spilled oil samples of the Penglai 19-3B Platform in oil fingerprint, and the oil stain samples collected at the site on the 16th were consistent with the spilled oil samples of the Penglai 19-3C Platform in oil fingerprint. Based on the oil fingerprint analysis and appraisal report made by the China Maritime Surveillance North China Sea Division Inspection and Appraisal Center on the samples sent by Qinhuangdao Marine Environment Monitoring Center on July 15th, 2011, the oil fingerprint sample Y2011071501 was crude oil, which was consistent with the oil fingerprint Y20110610 of the spilled oil sample collected with oil absorption felt near the Penglai 19-3B Platform by the China Maritime Surveillance North China Sea Division Inspection and Appraisal Center on June 9th, 2011 (Note: Shallow Bay Bathing Beach was about 10 kilometers from the aquaculture area of the plaintiffs). In summary, the oil leaking activity of the defendant resulted in the pollution of the pool water of the plaintiffs and in the death of cultured creatures, and the causality is clear. In order to determine the extent of damages incurred through the act of tort of environmental pollution by the defendant on the plaintiffs, the plaintiffs have asked the defendants 3 times to engage an institution with qualifications for appraisal to evaluate and appraise the extent of damages, and the defendant said that it would find an institution with qualifications for appraisal to perform the appraisal. The plaintiffs agreed to the defendants finding an appraisal institution to perform the appraisal, but the defendant never arrived to the site. The plaintiffs could not help but invite the defendant again and again, but the defendant never arrived. The plaintiffs further issued a solemn notice to the defendant: the defendant was required to arrive at the site within 1-2 days, and if otherwise, the evidence would be lost, and the loss of evidence should not result from artificial factors, and under the condition that the letter of invitation was issued many times and the defendant refused to arrive at the site, in order to secure the evidence to avoid the consequence that appraisal could not be performed, upon consultation and request of the plaintiffs, Hebei Leting Aquaculture Association invited world class experts and national senior experts, representatives of the Eighth National Peoples Congress and engineers from the county aquatic bureau to do on-site investigation of the losses suffered by the breeders due to spilled oil. After the evidence had been secured, the association decided to invite institutions with qualifications for appraisal to perform appraisals on the losses. According to the conclusion of the appraisals, the direct economic losses were a total of RMB 234,574,600 Yuan. In accordance with the requirements as described in Provision 56 of the Tort Liability Law of the People's Republic of China, the defendant shall assume damages incurred to the plaintiffs due to pollution of the environment. In accordance with the relevant requirements as described in the Civil Procedure Law, a civil litigation is hereby filed with your court. The protection of legal rights and interests of the plaintiffs is requested.
Enclosed: One copy of the legal representative identity certificate (blank), and two copies of the power of attorney for the authorized agent (blank).
Power of Attorney
Name of Authorization Organization: Address: Name of Legal Representative or Representative: Position: Name of the Authorized Person: Gender: Work Unit: Address: Tel: ____________ is hereby authorized to work as the authorized agent for our party, to act on our behalf in the case that involves our organization and ______________. The scope of authorization is presented below:
Authorizing Organization Year Month Date Notes: 1. The power of attorney is for use by the legal person or the party of other organizations to authorize the authorized agent in legal proceedings, and the authorizing organization should clearly describe the scope of authorization in accordance with relevant requirements of the law. 2. The full name of the authorizing organization should be clearly written above Year Month Date, and the document should be delivered to the peoples court after official seal is affixed.
This is to prove that ___________________ has the position of _________________ in our organization.
Full Name of Organization (Seal) Date: ____, 200__ Enclosed: Address of the representative: Tel:
Note: The major person in charge in an enterprise, a public institution, a government agency or a group is the legal representative of the organization.
Evidence List
No. Name of Evidence Copy of the Original Document Quantity Number of Pages Objective
Year Year
Month Month
Date Date
Tianjin Maritime Court Address for Service of Litigation Documents and Contact Number Confirmation
Status in Litigation: Name of the Recipient or Receiver of the Litigation Documents:
Confirmed by: Year Month Date Reminder: 1. The case filing or judiciary personnel should be responsible for making this confirmation a part of the case records after having been filled out respectively by the participants in the litigation, as the required material of the case records. 2. Upon request of the court, if the participants in the litigation still do not fill out the items and thus affecting the litigation, the litigation participants shall bear the consequence. 3. The litigation participants should take notice that, in case of change to a completed item on this confirmation during the litigation, the item should be completed once again correctly for the relevant court in a timely manner; otherwise, the litigation participants shall bear the consequence.
Case Filing Time Case Ending Time Card Filling-out Time Address, Postal Code
Telephone
Supervision Content
Th e cardholer i s exp ected t o fill out the column below on wh eth er or n ot the judiciary pers onnel have th e aforesaid conditions: additional sheets of paper may b e used if th e space is not enough Cardhold er Comment
1. After th e case is concluded, the concerned party shou ld fill in the comment column information on the Description vari ous d escrib ed conditions rega rding the judiciary personnel. Th e form ma y be put in the cou rt mai l box, and may also be maied l to th e supervision office of this court. 2. If the judiciary p ersonn el are found to be in violati on of th e aforesaid requirem ents in the proc ess of th e c a s e t r i a l , t h e f o r m m a y b e f i l l e d o u t i m m e d i a t e l y a n d p u t i n t h e m a i l b o x f o r t h e p r e s i d e n t o f Ti a n j i n Maritime Court or mailed to the supervisi on offic e of this court.
Supervision Office of Tianjin Maritime Court Mailing Address: No. 75 Second Boulevard, Tianjin Economic and Technological Development Zone
Requirements of the Supreme Peoples Court on Five Strict Prohibitions (For Implementation from January 8, 2009)
I. Acceptance of feasts and gifts from the concerned party and relevant personnel is strictly prohibited; II. Illicit communications with lawyers in violation of rules is strictly prohibited; III. Interference in cases processed by others is strictly prohibited; IV. Fraudulent practices for personal gains are strictly prohibited in events such as authorized evaluation and auction; V. Disclosure of judiciary work secrets is strictly prohibited. Whenever staff at the peoples court is in violation of the aforesaid requirements, they will be prosecuted for disciplinary responsibilities up to criminal responsibilities in accordance with the discipline and the law. Those engaging in judiciary or execution work will all be removed from the judiciary and execution positions.
(I) They are the parties in concern in the case or the parties. They are immediate relatives of the agent ad litem; (II) They have conflict of interest to this case; (III) If they are otherwise related to the concerned party in this case, which may affect the fair trial of the case, the concerned party has the right to authorize the agent to bring forth an application for withdrawal, to collect and provide evidence, to get engaged in debates, to request mediation, to institute an appeal, and to apply for execution. The concerned party may view evidence related to this case before the trial court, and may duplicate the materials and legal documents related to this case. The method for viewing and duplicating relevant materials shall be in conformity with the descriptions of the law. The concerned party must exercise litigation rights in accordance with the law, observe the order of litigation, and perform the court verdict, the rule in writing and the mediation paper that are in force. The two parties in concern may reach reconciliation of their own accord. The plaintiff may give up or make changes to the claims, and the defendant may acknowledge or rebut the claims, and has the right to file counterclaims. IV. Requirements on the Authorized Agent: After your party has chosen the authorized agent, your party shall immediately fill out the power of attorney and submit it to our court, the attorney shall be authorized by a law firm, and the authorized agent contract should be submitted. The power of attorney shall clearly describe the scope of authorization for the authorized agent (if it is a special authorization, the specific scope of authorization shall be clearly described for items such as the acknowledgement, making changes to or giving up the claims on the partys behalf, the engagement in reconciliation, the filing of counterclaims or institution of an appeal). The authorized agent should practically perform the following basic duties as an agent: (1) Strictly abide by the schedule as described in the court notice, and come to the court to perform the duties as an agent in the litigation on time. (2) Voluntarily maintain the order of litigation, obey the instructions of the judiciary personnel, and observe the court discipline. (3) Have a relatively complete understanding of the facts in this case, and be able to state and provide relevant evidence truthfully. (4) Can sufficiently state the opinions of your party with regard to the facts and claims in this case. If the authorized agent of the concerned party cannot fully perform the aforesaid duties such that the progress for trial of the case may be delayed, the collegial panel will issue a warning to the party, and if it is still not corrected, your party shall be responsible for the adverse consequences. V. Requirements on court appearance: Your party should arrive at the court on time as scheduled in the court summons to attend court trial and enquiry. If it is impossible to appear in court due to a special situation, the situation shall be explained to the court within two days before the court session is opened; upon failure to appear in court in twenty minutes after the described time for opening the court session without a justified reason, the court will process the case as one in which the litigation has been withdrawn or will get engaged in hearing by default.