Manila, Philippines – The Philippine Navy acknowledged Beijing’s rescue of Filipino survivors of the M/V Devon Bay tragedy, but questioned the Chinese Coast Guard vessel’s presence within the country’s maritime territory.
The Chinese Coast Guard vessel that responded to the distress call of M/V Devon Bay was part of a Chinese fleet that had encroached upon the country’s exclusive economic zone (EEZ) in the West Philippine Sea, a top navy official said on Tuesday, Jan. 27.
“The ship that responded to the Filipino crew of Devon Bay was part of a flotilla that is illegally in our EEZ staying within the vicinity of Bajo de Masinloc. That should also be the question that is asked, ano ang ginagawa ng kanilang mga barko sa loob ng ating EEZ? [What was their fleet doing within our EEZ?],” Rear Admiral Roy Vincent Trinidad, navy spokesperson for the West Philippine Sea, told a press briefing in Camp Aguinaldo.
M/V Devon Bay is a Singaporean-flagged bulk carrier that was en route to Yangjiang in China carrying iron ore when it capsized and sank near Bajo de Masinloc, or Scarborough Shoal, last Friday, Jan. 23.
Two crew members died from the incident, four remain missing, while 15 were rescued.
“One rescue, which is expected of all Coast Guards around the world, will not justify illegal intrusions into our EEZ,” Trinidad said.
The United Nations Convention on the Law of the Sea, specifically the Safety of Life at Sea (SOLAS), obliges all states to require their ships to assist persons in distress at sea including while on passage along other coastal states’ maritime zones.
The Philippine Coast Guard (PCG) had said the cargo vessel’s last-known position was approximately 141 nautical miles west of Sabangan Point in Agno Bay, Pangasinan.
On Jan. 23, the PCG Command Center received information from the Hong Kong Maritime Rescue Coordination Centre that 10 of the 21 Filipino crew members were already rescued “by a passing China Coast Guard vessel,” the PCG said in its statement over the weekend.
“The last known position of the distressed vessel is within the Philippine Exclusive Economic Zone where all ships may pass under high seas freedom of navigation as accorded by the UNCLOS,” read the PCG statement.
“Said freedom however does not allow law enforcement patrols by foreign vessels,” it added.
Chinese presence
Bajo de Masinloc, or Scarborough Shoal, has been under Beijing’s control since May 2012 when Chinese vessels blocked Filipino fishermen from access to its fishing grounds.
The Permanent Court of Arbitration at The Hague in The Netherlands, in its landmark ruling in 2016, dismissed Beijing’s sweeping claims over the South China Sea. The ruling said China had violated the Philippines’ traditional fishing rights even as it did not decide on the sovereignty over Scarborough Shoal. The arbitration court said that because Scarborough Shoal is above water at high tide, it generates an entitlement to a territorial sea, its surrounding waters do not form part of a continental shelf, and traditional fishing rights should be upheld.
Still, Chinese warships, coast guard vessels and maritime militia continued to cordon off the shoal, building installations and declaring it as China’s nature reserve.
This week, a Chinese warship was spotted as Manila and Washington sailed together near Scarborough Shoal for a joint naval exercise, the navy said.
“There was one monitored PLA Navy within the exercise box. It did not conduct any coercive or aggressive action. It was within the vicinity of Panatag Shoal, within our EEZ,” Trinidad said, referring to another name for Bajo de Masinloc or Scarborough Shoal.
The bilateral maritime cooperation activity this week involved one navy ship, seven aircraft and a coast guard vessel from Filipino troops. The US Navy deployed a destroyer and two aircraft assets, the navy said.
“When they [Chinese vessels] go within the exercise box, they could be seen visually on a clear day. There was no report of any hostile action or activation of any firing control system,” Trinidad said.
