Mrs. Hoa and her husband.
Video: Chinese vessel attacked Mrs. Hoa's boat
The authorities in Da Nang are assessing damage to the ship DNa 90152 TS fishing vessel, owned by Mrs. Huynh Thi Nhu Hoa, which was rammed by a Chinese fishing ship at 4pm on May 26 in the waters of Vietnam’s Hoang Sa Archipelago (Paracel Islands), about 17 nautical miles from China’s illegal HD-981 oil rig in Vietnam’s exclusive economic zone.
Hoa’s boat was salvaged and towed to shore on June 2. The boat was entirely damaged and will be unable to go out to sea again. Hoa said the damage was about VND5 billion ($250,000).
"The boat cannot operate, meaning that my family and dozens of crew members will not have income," Hoa says.
She said that the action of the Chinese fishing boat was inhumane, and caused destruction of property and intentional killing of Vietnamese fishermen. She also says that she will sue the Chinese side to ask them to pay compensation for the damages and to claim justice for the Vietnamese fishermen.
Hoa adds that her family will keep the boat as evidence for the lawsuit against China.
Mr. Tran Van Linh, chair of Da Nang Fisheries Association, says the damaged boat is the evidence for the world to see China’s aggressive acts and confirms that the association will assist Hoa to file the lawsuit.
Linh adds that the ship-owner may consider a civil case or even a criminal case because China's acts can be considered culpable homicide.Lawyer Vu Tien Vinh, director of the Hanoi-based Bao An Law firm, says under the provisions of the Criminal Code, the Chinese ship’s acts are an intentional act to injure and ruin assets.The owner of the sunken ship may file a criminal case to force the Chinese side to accept criminal liability under the laws of Vietnam.According to Article 36 of the Criminal Procedure Code, Hoa may initiate a civil lawsuit for damage compensation to the provincial court where she resides or where the incident occurred.
"In fact, the petitioner may encounter some difficulties in the proceedings and judgment enforcement. However, the judgment of the Vietnam court will be the voice of reason. The public hearing will also be an opportunity for all Vietnamese and the peace-loving people in the world to know the unruly behavior of the Chinese vessels in Vietnam’s waters," says lawyer Vinh.
On May 26, the Chinese ship 11209 rammed the DNa 90152 near a drilling rig China illegally placed in Vietnam’s waters. The Vietnamese trawler had been on a regular fishing voyage when it was deliberately encircled by Chinese fishing vessels and attacked by ship 11209.
The incident occurred at 4pm at a site 17 nautical miles from where China’s Haiyang Shiyou-981 oil rig was illegally standing. The location is the traditional fishing grounds of Vietnamese fishermen in Vietnam’s exclusive economic zone and continental shelf.
All the 10 fishermen on board were rescued by other Vietnamese trawlers.
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