广州海事法院

Guangzhou Maritime Court

民事裁定书

Civil Judgment

本院在受理原告xxx有限公司诉被告ABC有限公司海上货物运输合同纠纷一案中，原告于2009年xx月xx日向本院提出变更海事请求保全申请，请求在禁止“***”轮转让、买卖、变更、抵押、质押的条件下允许该轮继续营运。

In the case of Contract Dispute about Carriage of Goods by Sea accepted by our Court, *** LIMITED (the “Defendant”) was sued by xxx Limited (the “Plaintiff”), the Plaintiff submitted an application for change of maritime preservation to our Court on xxx, and requested operation permission of the vessel of “***” under the condition of prohibition of assignment, trading, alteration, security and pledge.

经查，本案在受理之前，经原告的申请，本院于2009年xx月xx日作出了（2009）广海法保字第xxx号民事裁定，自xx月xx日起扣押被告所属的“***”轮。

After investigation, we made the civil judgment No. (2009) Guang Hai Fa Bao Zi Di xxx on xxx 2009 that the vessel of “***” owned by the Defendant should be distressed since xxx prior to our acceptance of this Case as requested by the Plaintiff.

合议庭成员一致认为，原告申请变更船舶的扣押方式，符合法律规定，应予以准许，依据《中华人民共和国海事诉讼特别程序法》第二十七条的规定，裁定如下：

Members of the Full Court agreed that the Plaintiff’s application of changing the way of distress of the vessel complied with laws and should be approved. In accordance with Article 27 of Maritime Special Proceedings Law of the PRC, the judgments were as follows:

一、准许原告xxx有限公司的变更海事请求保全的申请；

To approve the application for change of maritime preservation submitted by the Plaintiff, xxx Limited;

二、变更本院（2009）广海法保字第xxx号民事裁定第二项为，自即日起在禁止“***”轮转让、买卖、变更、抵押、质押的条件下允许该轮继续营运。

To modify the second judgment of the civil judgment No. (2009) Guang Hai Fa Bao Zi Di xxx made by our Court as “permission of the operation of the vessel of “***” in the condition of assignment, trading, alteration, security and pledge is prohibited as from today”.