Perspective | After “Abandoning the Ship”—Are the Items on Board Considered Ownerless Property?—Taking the Case of Zhai Mo’s Team in Papua New Guinea as an Example
Published:
2025-12-19
Recently, the ordeal experienced by Mr. Zhai Mo, a renowned Chinese navigator, and his team in Papua New Guinea has drawn widespread attention.
Recently, the ordeal experienced by Mr. Zhai Mo, a renowned Chinese navigator, and his team in Papua New Guinea has drawn widespread attention.
Event Background
On October 10, 2025, navigator Zhai Mo set sail from Shanghai aboard the sailing vessel “Zhai Mo No. 1,” embarking on the first-ever circumnavigation of Antarctica along the Antarctic Circle. There are a total of six people on board.
On the evening of December 1, 2025, a sailboat ran aground in waters off the coast of Papua New Guinea.
On December 2, the local water police, citing procedural formalities and crew safety concerns, requested that all crew members disembark from the vessel and promised to assign personnel to guard the ship. That day, after locking the ship’s cabins, the crew members left the vessel with the water police.
Early on the morning of December 4, when Zhai Mo’s team returned aboard a water police boat, they found that the “Zhai Mo No. 1” had been illegally entered and brutally looted. Upon inspection, nearly all of the ship’s critical equipment and valuables had been dismantled and stolen, including the engine, generator, navigation and communication devices, photographic equipment, as well as official documents and credentials. The perpetrators deliberately opened the ship’s bottom valve, allowing seawater to flood in and submerge the entire vessel. The ship sustained devastating damage and completely lost its ability to sail.
Follow-up: Due to the destruction of the vessel, the originally scheduled round-the-Antarctic voyage has been forced to halt and undergo adjustments. Zhai Mo’s team has safely returned home. After assessment, given the severe damage, they have decided to abandon efforts to repair the sailing boat “Zhai Mo No. 1.”
Legal issues
There is no doubt that the ordeal faced by Mr. Zhai Mo and his team was an unfortunate incident; yet at the same time, doubts have also emerged online. The legal issues involved deserve our attention.
The most representative issue among them is, “ Abandon ship After that, do the items on board the vessel become ownerless property?
It must be stated in advance that on December 10, Mr. Zhai Mo explicitly clarified in his public account that the rumors about “abandoning the ship” were false. However, it is important to emphasize that even if the ship had indeed been abandoned, the act of illegal elements looting the “Zhai Mo No. 1” would still constitute an illegal and criminal offense. We will limit our analysis of this issue solely within the scope of the laws of the People’s Republic of China.
The legal characterization of “abandoning the ship”
First, there is no legal provision that provides a clear and precise definition of “abandoning ship.” Generally, “abandoning ship” is understood as the captain’s organized evacuation of all crew members in accordance with established procedures when the vessel is facing imminent danger of sinking or destruction.
The provisions regarding “abandoning ship” in China’s laws are primarily set forth in the Maritime Law of the People’s Republic of China. According to Article 40 of the Maritime Law of the People’s Republic of China, which was just revised this year but has not yet taken effect: “In the event of a maritime accident endangering the safety of persons and property on board, the captain shall organize the crew and other personnel on board to do their utmost to carry out rescue operations. If it becomes unavoidable that the vessel will sink or be destroyed, the captain is authorized to make the decision to abandon ship. When abandoning ship, the captain shall take all necessary measures: first, arrange for the safe evacuation of passengers from the vessel; then, organize the crew to leave the vessel; and finally, the captain himself shall depart last. Before leaving the vessel, the captain shall instruct the crew to do their utmost to salvage the navigation log, engine log, oil record book, radio log, nautical charts and documents used during this voyage, as well as valuables, mail, and cash. The captain shall also direct the crew to close oil tank valves and other relevant equipment to prevent or minimize pollution.” From these provisions, we can conclude that “abandoning ship” refers to the evacuation action organized by the captain when the vessel is in imminent danger of sinking or being destroyed. Such an action constitutes a maritime emergency response measure, and the act itself does not involve any disposition of property.
Financial Ownership After “Abandoning the Ship”
To state the conclusion first, under normal circumstances, the property on board a ship after it has been abandoned does not belong to... Ownerless property The reasons are as follows:
1. “Abandoning the ship” does not equate to “abandoning one’s property.”
Abandoning a ship typically occurs during maritime disasters—such as fires, collisions, or imminent sinking—when crew members and passengers are forced to evacuate the vessel in order to save their lives. This constitutes only a temporary abandonment of the ship and does not carry the same legal implications or consequences as a “waiver of ownership” by the ship’s owner, operator, or user.
2. Ownership of the vessel and the cargo remains intact.
Ownership of the cargo on board the vessel belongs to the cargo owner (the shipowner, the shipper, or the consignee). The act of abandoning the vessel does not affect the cargo owner’s property rights.
In the insurance field, also according to the Maritime Law of the People's Republic of China, Article 275 stipulates: “If the insured object suffers...” Presumed total loss If the insured requests the insurer to pay compensation for total loss, the insured shall notify the insurer within a reasonable time. Assignment “Insured object”—Article 276 stipulates that “If the insurer accepts a waiver of interest, all rights and obligations of the insured with respect to the waived property shall be transferred to the insurer.” Therefore, if the shipowner or cargo owner has already received a constructive total loss indemnity from the insurance company, the insurer will typically require the shipowner to waive the interest in the property. At this point, the insurer becomes the new owner and the property is no longer ownerless.
3. The legal definition of “ownerless property”
A res nullius refers to an object that has no owner or whose owner has explicitly waived ownership. The handling of res nullius may be guided by the provisions in China’s Civil Code concerning “lost property.” For example, Article 312 of the Civil Code states: “The owner or other rights holder has the right to recover lost property”; Article 314 stipulates: “Anyone who finds lost property shall return it to the rightful owner”; and Article 319 provides: “If one finds flotsam, discovers buried objects, or uncovers hidden objects, the relevant provisions applicable to found lost property shall apply mutatis mutandis. Where otherwise provided by law, such provisions shall prevail.”
4. Relevant provisions in international conventions
International conventions and treaties still do not contain explicit provisions regarding the financial implications following “abandonment of a vessel.” However, according to the provisions of conventions such as the 2007 Nairobi International Convention on the Removal of Wrecks, the 2001 International Convention on Civil Liability for Oil Pollution Damage, and the 1973 International Convention for the Prevention of Pollution from Ships, even after a vessel is in distress or sinks, its owner remains obligated to fulfill responsibilities related to environmental protection, salvage operations, and other related matters. Based on the principle of equivalence between rights and obligations, it can be inferred that the act of abandoning a vessel does not carry any legal consequences that would constitute a disposition of property ownership. Furthermore, according to the 1989... International Rescue Convention 》Rescuers are entitled to claim remuneration and special compensation for their effective rescue efforts. This system is a compensation mechanism established on the premise of rewarding and encouraging rescue activities; it is by no means a mere system under which rescuers automatically acquire ownership simply by providing assistance. China joined this convention on March 30, 1994, and the relevant provisions are also reflected in the recently revised Maritime Law.
In addition, our firm’s team of foreign-law attorneys has conducted a preliminary investigation into the relevant extraterritorial laws. The location where this incident occurred—Papua New Guinea—is a Commonwealth country that largely inherits English and Welsh law in terms of property regimes. Under the framework of English and Welsh law, the abandonment of a vessel does not automatically result in the transfer of ownership of the vessel and its onboard property, unless the owner has explicitly, definitively, and irrevocably expressed an intention to relinquish ownership.
In summary, based on the fact that Mr. Zhai Mo and his team locked the ship’s cabins when they disembarked, coupled with their subsequent statements, we can draw a preliminary conclusion: in this incident, the act of looting “Zhai Mo No. 1” by unlawful elements constitutes a serious violation of the law.
Mr. Zhai Mo and his team have undertaken multiple round-the-world voyages by self-driven sailboat. Over the years, with their courage and perseverance, they have embarked on a new journey for Chinese sailing, bringing the spirit of Chinese navigation to the world. Their spirit of exploration and their contributions to the industry will always be worthy of respect. As the law firm from Mr. Zhai Mo’s hometown in Shandong, we leverage our region’s comprehensive strengths, deeply cultivate the field of foreign-related legal services, and maintain a leading position. We are committed to providing Mr. Zhai Mo and his related endeavors with professional, efficient, and fully supportive legal assistance within our capabilities.
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