Professional Documents
Culture Documents
Guangzhou U PSA
Fuzhou U PSA
Shantou U HDP
Xiamen U Xiamen, Haicang,
Xiamen Xianyu
HDP, Pacic Ports ADB
Shanghai U Shanghai Port Container,
Shanghai Shiye,
COSCO
HPH SCT (Shanghai Stock
Exchange Share A)
Ningbo U HPH
Dalian U PSA, Maersk
Qingdao U P&O Ports
Tianjin U Pacic Ports, CSX, Gearbulk, P&O Ports World Bank
Source. compiled by authors from various sources.
a
According to Measures for the collection of Port Construction Fees, promulgated by the PRC State Council with effective date at 1st January 1986.
J.J. Wang et al. / Transport Policy 11 (2004) 237250 247
(Denmark) constitute the main exceptions but their presence
for the time being remains limited.
(5) Legal Aspect and Regulatory Environment. After
more than six years of discussion and revision, Chinas rst
Port Law was passed through the National Peoples
Congress in June 2003, to be effective January 1, 2004. In
his recent address to the Congress, Chunxian Zhang,
Minister of Communications, emphasized that the Law
deliberately seeks to clarify three major areas of port
development governance (Zhang, 2003):
1. Port planning and construction. Two levels of port
planning shall be in place: at the national level, the Port
Allocation Plan, to be carried out by the MOC, shall
determine the overall nationwide distribution of port
development and set roles for each port. At the local
level, the Port Master Plans, to be prepared by dened
local authorities and subject to approval by the MOC,
shall assess and determine the jurisdictional borders and
natural conditions of each port, the assessment of current
and future role of each port, and the scale and phasing of
future developments.
2. Port operation and management. The law sets the
regulations for the entrants to the port operation market,
and species the responsibilities of port operators. The
ultimate goal is to set up a regulated market in the port
sector.
3. The responsibilities of port administration body. The
existing port authorities are no longer to be responsible
for administration. Port administration shall fall under
the local governments who are to purposely set up new
regulatory entities in the like of port administration
bureaus (e.g. Shanghai). These new bureaus shall be in
charge of regulating the market to ensure fair compe-
tition among the operators, monitoring the implemen-
tation of all port-related regulations and laws, and
maintaining safety and security within ports.
For such a comprehensive law seeking to oversee some
1000 coastal and riverside ports in the country, it is
understandably a macro tool which primarily lays out a
general framework for expected port governance. One may
challenge the effectiveness of the new Law by saying that in
the current social and legal environment, China still suffers
problems in transiting to rule of law from rule by law
(Zheng, 1999). However, while some may argue about the
contents included in the Law, some may equally be
concerned about what has been excluded. An area of
fuzziness, which lies outside the maritime industry, pertains
to appropriate and fair ways of dening the port market, or
the very implementation process of market forces in
general. Despite numerous waves of reforms, deeper
objectives lie in a shift of managerial culture, beyond
questions of simply re-forming institutional structures in
overly complicated ways. The re-shaping process has been
made clear throughout: port authorities simply shed their
skin as corporate entities while still carrying previous ills. In
turn, such corporate entities become well poised to enter
equity JVs at the port or terminal level. At the port level, it is
still unclear which kinds of services are regarded as public
and where their revenues should go. As long as this area
remains a grey market, the relationship between the new
port administration bureaus and the ad hoc corporate port
groups is likely to remain problematic, while fair play
between independent terminal operators (or JVs) and port-
level operators may be legitimately put into question.
5. Conclusions: Chinas policies for a new port
environment
This paper has attempted to provide an adaptable
framework of port governance in addressing port develop-
ments proper to China. The governance approach has been
justied on grounds of a necessity to insert social, historical
and cultural components to institutional change in China. A
brief historical account has been given to show the path
dependency of reform trajectories unique to China: where
reforms have come from may be necessary to understand
where they are headed. Also, in-depth analysis of key ports
stakeholder communities show a staged pattern of gradual
sophistication, structured along linguistic and cultural lines
since the most successful foreign entrants remain of ethnic
Chinese origin. This, at least in part, seems to conrm the
cultural and institutional embededness of developmental
change and reforms, while hinting towards similar features
of corporate entry opportunities in Chinas port industry.
Such features of Chinas port stakeholder communities have
here only been partially addressed and therefore suggest
further research is necessary into cultural and relational
issues in Asian business networks and national port
industries.
The suggested theoretical framework also introduced
themes of scalar governance, in showing precisely how the
status of coastal ports have changed following policy
directions. Power may thus be distributed along three
structural lines in understanding port development: bargain-
ing power asymmetries exist within the (1) logistics chain
where shipping lines have exerted tremendous pressures on
port development through various consolidation schemes
(e.g. strategic alliances). However, pure terminal operators
still occupy a leading role within the (2) ports stakeholders
communities as central authorities have been slower to allow
entry of shipping lines in equity and operational partici-
pation of its port industry in comparison to other countries.
The leading role of Hong Kong in the globalization of this
industry may not be dismissed in relation to its ties with
Beijing. An implication of the above discussion is that due
to Chinas lack of democratic principles, the stakeholder
community remains fairly closed and narrow, at times little
more than shareholders and regulatory bodies. In that sense,
decisional powers remain relatively concentrated.
J.J. Wang et al. / Transport Policy 11 (2004) 237250 248
Finally, decision-making powers have also been succes-
sively devolved along (3) jurisdictional scales through
comprehensive reform packages since the Open Door
Policies took effect in a general national-to-local decen-
tralization trend.
Empirical evidence from Chinas main ports was
given in support of theoretical claims, identifying two
sub-models of port governance. Both models mainly
differ in how the port authoritys role may be dened,
allowing for strategically ambiguous grey areas. The
Shenzhen sub-model leans more towards a hands-off
system, as the port authority has managed to better
subtract itself from commercial operations and holds no
equity presence. The Shanghai sub-model is widely
found among older major ports while newly established
ports may better be poised to implement a model closer
to Shenzhen, where historical residuals and institutional
problems from the planned economy (e.g. over-manning)
do not exist. In general, the younger ports differ also
from the old ports through their capacity to allocate
brand new facilities to containerized cargo, where the
greatest potential gains in VAL exist.
This leads us to address the third residual theoretical
element from the model which has remained implicit
throughout: variations in functional capabilities of ports.
Traditionally, ports competitive advantage was reduced to
little more than locational advantages. But with increasing
level of competition, ports have sought to increase their
range of activities and service levels in order to satisfy port
users (Ha, 2003) in creating what is now referred to as
product differentiation. This strategy has mainly relied on
logistical capabilities of ports, which in turn, as goes our
argument, in China still heavily relies on institutional
resources. Wang and Olivier (2003) have shown how
municipal governments have attempted in recent years to
establish functional links between their ports and special
Economic and Technological Development Zones or
kaifaqu. Another example is the case of the PRD ports.
Drawing on relevant examples provided throughout this
paper, the port of Shenzhen has been able to promote port
service differentiation between its western and eastern
facilities through institutional arrangements described
above. Indeed, while the Shekou and Chiwan facilities are
still perceived by shippers as a low cost budget option,
HPHs Yantian seeks to provide more value-added services.
Governance at the port of Shenzen has more successfully
rendered intraport competition closer to market principles
than in Shanghai. This raises interesting questions for
research and we believe it necessary to further explore the
linkages between institutional arrangements and logistical
capacities of ports, especially in such places as China and
Taiwan where Free Trade Zones act as leveraging tools to
lure FDI. It is hoped that this paper may lead further enquiry
into such linkages.
Such questions appear essential to address not only in the
eyes of the Chinese authorities but also those of potential
foreign investors. In this regard, our analysis of the two
identied port governance sub-models imply that entrance
within the older established ports, through terminal-level
JV, may for the time being encounter thicker internal
governance problems. This is due largely to ad hoc
corporatization practices of the government which has
proven a hindrance to fair market practices among its ports.
International players are still not placed on a par with locally
protected players. Perhaps this type of governance may
open the door to opportunities arising in younger striving
ports. As such, Shenzhens phenomenal success may also
surely be explained in institutional terms.
Acknowledgements
The authors wish to thank Dr S.X. Zhao for kindly
sharing data on Chinas FDI as well as two anonymous
reviewers for their comments. This research was supported
by Hui Oi Chow Fund (No. 21369500/1004/04500/420/01),
the University of Hong Kong.
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