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OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING THE ANNOUNCEMENT ON THE CHECKING AND THE BANNING OF SHIPS WITH "THREE NOES"

    The Ministries of Agriculture, Public Security, Communications, the
Administration for Industry and Commerce, the General Administration of
Customs:

    The State Council has approved the Announcement on the Checking and the
Banning of Ships with "Three Noes", which you are permitted to promulgate for
its implementation. The specific measures for implementation shall be
formulated in accordance with this Announcement.
APPENDIX: ANNOUNCEMENT ON THE CHECKING AND THE BANNING OF SHIPS WITH
"THREE NOES"
(Promulgated by the Ministry of Agriculture, Ministry of Public Security,
Ministry of Communications, Administration for Industry and Commerce and
General Administration of Customs on November 1, 1994)

    In recent years, lawbreakers in some coastal areas have taken advantage of
ships with "three noes", which refer to ships with no ship number and name, no
ship's certificate and no port of registry, to commit smuggling and other
illegal activities and crimes, seriously endangering the maritime security and
hampering normal production and transport. For the purpose of cracking
down on such illegal activities and crimes, maintaining the normal maritime
order and protecting the safety of the people's lives and property, it is
necessary to resolutely check and ban ships with "three noes". An announcement
is hereby made as follows:

    1. Ships illegally built or transformed without completing the formalities
of approval shall be confiscated by port or maritime law enforcement
departments, such as fisheries administration and fishing port superintendency
agencies, port superintendency agencies. Ship-building yards building or
transforming ships without completing the formalities of approval shall be
fined not more than twice the ship's price by the administration for industry
and commerce; if the circumstances are serious, their business licences may be
revoked according to law. Yards or places illegally building and transforming
ships without approval and registration shall be banned by the administration
for industry and commerce according to law, with their gains from sales and
ships illegally built or transformed confiscated.

    2. Port superintendency agencies, fisheries administration and fishing
port superintendency agencies shall further intensify the control of visas
over ships entering or leaving ports within their respective scopes of
functions. Ships with "three noes" berthing in ports shall be prohibited from
leaving and be confiscated. Their owners may be fined not more than twice the
prices of such ships.

    3. Fisheries administration and fishing port superintendency agencies,
port superintendency agencies shall strengthen the administration of the
maritime order in production, navigation and public security. The Customs
offices and the frontier defence offices of the public security organs shall,
at the time of maritime anti-smuggling work, ban ships with "three noes" by
confiscating such ships sailing or berthing at sea upon seizure, and may fine
their owners not more than twice the prices of the ships.

    4. If anyone refuses or obstructs law executives who perform their duty,
the public security organ shall punish them according to the Regulations of
the People's Republic of China on Administrative Penalties for Public
Security. If a crime has been constituted, the offender shall be transferred
to the judicial organs for investigation for criminal liability according to
law.

    5. The frontier defence offices of the public security organs, the Customs
offices, port superintendency agencies, fisheries administration and fishing
port superintendency agencies may dismantle the seized ships with "three noes"
on the spot, pay dismantling expenses from prices of ship remains and handle
the balance as fines; or they may use the ships as executive ships with
approval and completing necessary formalities, but may not convert the ships
for other use.

    Any unit or individual who possesses a ship with "three noes" must
register it with the local port superintendency agency or local fisheries
administration and fishing port superintendency agencies before the date of __
and wait for the decision. In case of failure to go to register within the
time limit, the owner shall be punished seriously after seizure of his ship.

    Anyone who uses ships with "three noes" to engage in illegal activities
must voluntarily surrender to the public security organs before the date of
__, or he shall be imposed more serious punishment according to law upon
investigation.

    6. This Announcement shall come into force on its promulgation.