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Laws of the People's Republic of China |
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| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1979-09-18 | Effective Date | 1979-09-18 |
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Rules of the People's Republic of China Governing Vessels of Foreign Nationality |
|---|
Article 1 These Rules are formulated in order to safeguard the sovereignty
of the People's Republic of China, maintain the order of ports and coastal
waters, ensure the safety of navigation and prevent the pollution of waters.
Article 2 All vessels of foreign nationality sailing in the ports and
coastal waters of the People's Republic of China (hereinafter referred to
as "vessels") shall abide by these Rules and all the relevant decrees,
stipulations and provisions of the People's Republic of China.
Whenever the Harbour Superintendency Administration set up by the
Government of the People's Republic of China is of the view that it is
necessary to conduct inspection of vessels, the vessels must subject
themselves to inspection.
The term coastal waters as used in these Rules refers to the inland Article 3 The captain or the ship owner shall, through the China Article 4 When a vessel goes into or out of a port or sails or changes Article 5 Upon arrival of a vessel at a port, the entry and other Article 6 All weapons and ammunition on board a vessel shall be kept under Article 7 It shall be forbidden, inside a port, to shoot, swim, fish or Article 8 The Harbour Superintendency Administration shall be entitled 1. in an unseaworthy condition; 2. in contravention of the laws or regulations of the People's Republic 3. having involved in an accident of marine damage; 4. having failed to pay prescribed dues and to provide an appropriate 5. other conditions which call for prohibition of navigation. Article 9 Vessels sailing in the ports and coastal waters of the People's Article 10 Vessels shall not sail at such speed in ports as to endanger Article 11 The boats (rafts) attached to vessels shall not be allowed to Article 12 When sailing or changing berths in ports, vessels shall not Article 13 Vessels that have to enter into a port of the People's Vessels that have to take shelter or temporary berth in a place other 1. duly report to the Harbour Superintendency Administration in the 2. observe the provisions of the relevant local departments, subject 3. the personnel on board the vessel shall not come to land nor shall Article 14 Vessels berthed in a port shall have on duty a number of Article 15 The gangways of a vessel set up where the crew members, Article 16 When a vessel has to start its engine, attention shall be Article 17 The water outlets on both sides of a vessel berthed in a Article 18 The light of a vessel shall not affect the safety of Article 19 Vessels shall provide safe and good conditions for loading Article 20 A vessel shall make prior applications to the Harbour 1. dismantling and repair of boilers, main engine, windlasses, steering 2. trial voyages and trial runs; 3. setting down boats (rafts) to carry out lifesaving rehearsal; 4. welding or soldering (except for repair in a dockyard) or carrying 5. hanging out decorative lamps. Article 21 In the fumigation of a vessel, strict safety measures shall Article 22 To ensure safety of the port and vessels, the decisions of Article 23 Vessels sailing or berthed in the ports and coastal waters of Article 24 When coming into or going out of the port or anchoring, Article 25 Vessels in ports shall not send out sound signals at will Article 26 In the use of very high frequency radio telephones in ports, Article 27 In loading, unloading or transportation of dangerous goods, Article 28 In carving Class-1 strongly dangerous goods such as explosive Article 29 In applying for the safety certificates for loading and Article 30 In navigation, vessels shall, abide by the provisions for and Article 31 The salvage of vessels or other articles which have sunk in Article 32 If a vessel finds or dredges up any sunken or floating Article 33 If a vessel has to dump rubbish and other refuse in a port, Article 34 Vessels shall take good care of lane installations and Article 35 In the ports and coastal waters of the People's Republic of Article 36 Vessels shall apply to the Harbour Superintendency Article 37 All oil tankers and vessels using fuel oil shall possess oils Article 38 If polluting accidents occur with vessels in the ports or Article 39 Matters not included in this chapter shall be handled in Article 40 It shall strictly be forbidden to smoke or make fires in Article 41 Strict fire-prevention and safety measures shall be taken for Article 42 To perform such engineering projects as welding or soldering Article 43 If a vessel catches fire or encounters a sea peril, it shall Article 44 If necessary, the Harbour Superintendency Administration may Article 45 When the Harbour Superintendency Administration or leading Article 46 When an accident of damages at sea occurs to a vessel, it Article 47 When a vessel causes an accident in the port or coastal Article 48 If the death of a seaman occurs on board a vessel, the vessel Article 49 Matters which are not included in this Chapter shall be Article 50 The Harbour Superintendency Administration shall impose such Article 51 If the punished party does not accept the punishment, he Article 52 With regard to the prevention of collision of vessels, Article 53 These Regulations shall be put into effect as of the date of
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waters and territorial seas of the People's Republic of China and the waters
stipulated by the State to be under its jurisdiction.
Chapter I Port Entry and Exit and Navigation
Ocean-shipping Agency Corporation, one week before the scheduled arrival of
his vessel at a port, fill in the prescribed forms and go through the
procedures to apply for approval of port entry with the Harbour Superintendency
Administration and, 24 hours before the vessel's arrival at the port (or if
the voyage is less than 24 hours, at the time of departure from the previous
port), through the agent company for foreign vessels, report to the Harbour
Superintendency Administration on the scheduled time at arrival, forward
draft, stern draft, and other such conditions. A report shall be made at any
time if any change at the time of arrival is anticipated. If in the course of
its voyage, a vessel has to enter or return to the port temporarily due to
special circumstances such as mishap, malfunction, or acute illness contracted
by its seamen or passengers, a report shall be made to the harbour
Superintendency Administration in advance.
berths in it, it shall be guided by a pilot appointed by the Harbour
Superintendency Administration. The specific matters concerning pilotage shall
be handled in accordance with the "Provisions for Pilotage in Ports"
promulgated by the Ministry of Communications of the People's Republic of
China.
relevant reports, together with the certificate of registry and relevant
documents shall be submitted promptly for examination, and the vessel shall
be subject to inspection. Before a vessel goes out of a port, the exit and
other relevant reports shall be submitted and the vessel may go out only with
an exit permit issued after inspection.
seal by the Harbour Superintendency Administration upon arrival of the vessel
at the port. Radio telegraph transmitters, radio telephone transmitters,
rocket signals, flame signals and signal guns shall only be used in conditions
of emergency; and after such use, reports must be made to the Harbour
Superintendency Administration.
set off fire-crackers or fireworks or do other acts likely to endanger the
safety and order of the port.
to prohibit a vessel from going out of the port within a specified period of
time, or order it to suspend its voyage, change its course or return to the
port if the vessel is in any of the following conditions:
of China;
guarantee therefor;
Republic of China shall not engage in activities detrimental to the security,
rights and interests of the People's Republic of China and shall abide by the
provisions concerning straits, waterways, navigation lines and restricted
zones.
the safety of other vessels and port facilities.
sail in ports except for lifesaving purposes.
have their attached boats (rafts), derricks, gangways, etc. extended over
the board sides.
Republic of China which is open to foreign vessels for the purpose of taking
shelter or temporary berth shall apply to the Harbour Superintendency
Administration for approval; the application shall include: the ship's name,
call sign, nationality, name of the carrier, port of departure, port of
destination, ship's position, speed, draft, full colour(s), funnel colour(s),
and mark, and shall take shelter at the specified place.
than the ports open to foreign vessels of the People's Republic of China
shall, in addition to going through the above procedures for the application
for approval, abide by the following:
neighbourhood on the anchoring time, position and the time of departure;
itself to inspection and enquiry and obey orders;
the goods on on board be unloaded without the approval of the relevant local
departments.
Chapter II Berthing
seamen sufficient to ensure the safe operation of the vessel and, in times
of a typhoon warning or other emergency conditions, all crew members shall
immediately return on board to take preventive and other measures.
passengers and other personnel embark and disembark shall be firm and secure
and armed with rails or hand ropes; rope ladders shall be firm and safe,
with adequate illumination at night.
paid to the surroundings of the stern and it shall only be done in
circumstances where the safety of other vessels and port facilities will not
be endangered.
port, which are likely to affect other vessels, the pier or the embarkation
and disembarkation of personnel shall be covered.
navigation of other vessels and strong lights of the vessel projected towards
the course of navigation shall be blocked.
and unloading operations and the loading and unloading installations shall
possess certificates of compliances and be maintained in good technical
condition.
Superintendency Administration for approval to carry out the following
operations:
gear and transmitters;
out operations with uncovered light on the deck;
be taken and the signal stipulated by the Port shall be hoisted.
the Harbour Superintendency Administration shall be complied with if any ship
has to change berths in the port or set sail ahead of schedule or postpone
sailing.
Chapter III Signals and Communication
the People's Republic of China shall fly the national flags of their countries
of registry in daytime. When coming into or going out of the ports or changing
berths, they shall additionally fly their vessel flags for call and the
relevant signals stipulated by the port.
vessels shall pay attention to the calls and signals of the port signal
station and shall observe the regulations of the People's Republic of China
for signals in coastal ports in the use of visual signals. In respect of
signals not yet stipulated by coastal ports. "International Rules for
Signals" shall be observed.
except out of necessity for navigation safety. When it is necessary to test
whistles, a report shall be submitted to the Harbour Superintendency
Administration in advance.
vessels shall abide by the "Interim Measures for the Use of Radio Telephones
of Very-high-frequency by Vessels of Foreign Registry" promulgated by the
Ministry of Communications of the People's Republic of China.
Chapter IV Dangerous Goods
the vessels shall hoist the stipulated signals, observe the stipulations for
the administration of the transportation of dangerous goods and take necessary
safety measures. In particular, goods with mutually-conflicting properties
shall not be loaded in a mixed way and it shall strictly be prohibited to load
explosive articles together with igniters or combustible articles in the
same holds.
articles, deadly poisonus articles, radioactive articles, compressed gases and
liquefied gases, oxidizers, spontaneous combustible articles, articles that
ignite when in contact with water, combustible liquids, combustible solids
and acid corrosives, vessels shall list in detail the names of the goods,
their properties, package, quantity and loading position, and also attach the
instructions concerning the properties of the dangerous goods to the lists
and apply to the Harbour Superintendency Administration through the agent
companies for foreign vessels for clearance visas three days before their
scheduled arrival at the ports. Only with approval may they enter the port,
unload goods, or pass through the transit. To carry the abovementioned
dangerous goods, outgoing vessels shall apply for clearance visas three days
before the start of loading. Only with approval may they load and carry.
carrying dangerous goods for export, vessels shall make written applications
to the Harbour Superintendency Administration three days before the start of
loading, clearly stating the names of tile dangerous goods, their properties,
package, quantity, loading position (also attached with loading plans of the
goods), midway ports, port of destination, etc. Loading shall be done at the
berths specified by the Harbour Superintendency Administration.
Chapter V Safeguard of Navigation Lanes
maintain the order of navigation. If a vessel encounters an accident and is in
danger of sinking, it shall promptly report to the Harbour Superintendency
Administration and take effective measures as best as it can to sail out of
the lane so as not to obstruct navigation and endanger other vessels. If the
vessel has sunk, the vessel side shall duly set up a temporary signal mark
at the place of its sinking.
the ports or coastal waters shall be handled in accordance with the "Measures
of the People's Republic of China for the Administration of the Salvage of
Sunken Vessels and Sunken Articles". The Harbour Superintendency Administration
shall, according to particular circumstances, notify the owners of the sunken
vessels or sunken articles to salvage and remove them within a prescribed
period, or promptly organize the salvage or dismantlement and removal; the
entire responsibilities and expenses shall be borne by the owners of the
sunken ship and sunken articles.
article, it shall report, or hand it over for handling, to the Harbour
Superintendency Administration, which shall give awards at its discretion.
it shall display the signal stipulated by the port to call up a rubbish boat
(or truck).
navigational aids. If a vessel has damaged any navigational aid, port
construction or other facilities, it shall promptly report to the Harbour
Superintendency Administration and undertake to restore them or pay
compensation for the restoration.
Chapter VI Prevention of Pollution
China, vessels shall be prohibited from wilfully draining away oils, oil
mixtures and other pernicious pollutants and wastes.
Administration for approval for draining away ballast water, washing water
from holds or bilge water. A vessel that comes from an epidemic-affected port
shall go through the hygienic treatment of the quarantine. The bilge water
and washing water from the holds of vessels carrying dangerous goods and
other pernicious pollutants may be drained at specified places only after
appraisal which indicates that they meet the standards of the public health
department concerned.
registers and duly and truly make entries therein in accordance with various
provisions of the registers.
coastal waters, they shall record the course of events separately in their
oils registers and sea logs, promptly report to the Harbour Superintendency
Administration and at the same time take effective measures to prevent
diffusion of the pollutants. If treatment with chemicals is required, it is
necessary to apply to the Harbour Superintendency Administrations for
approval, and provide them with the instructions of the chemical ingredients.
accordance with the provisions of the People's Republic of China relating to
the prevention of pollution of waters.
Chapter VII Fire Control and Rescue
cargo holds or other places prone to fire on board the vessels.
the refueling of vessels and for the loading and unloading operations of oil
tankers.
on board a vessel, the surroundings, shall be cleared in advance, strict
precaution measures be taken, firefighting equipment be made ready and
inspection be conducted before and after the operations. The oil tanks and
their adjacent parts shall necessarily be emptied of all oil materials,
cleared of residues of oil, thoroughly ventilated, with their internal
combustible gases discharged and certified as up-to-standard before welding
or soldering can be carried out.
promptly report to the Harbour Superintendency Administration such conditions
as scene of the accident, tonnage of vessel, draft, cargo carried, damages,
and the kind of assistance required.
mobilize and command the vessels in the port or coastal waters to take part
in the rescue of a vessel in trouble and under the circumstances that their
own safety will not be affected, the mobilized vessels have the responsibility
to partake in the rescue as best as they can.
members of the rescue department arrive at the scene, the captain of the
vessel in trouble shall promptly report the state of the accident and the
measures which have been taken and supply the data and facilities required
for the rescue. He may also make suggestions concerning the rescue. The
parties concerned shall observe the decisions made by the Harbour
Superintendency Administration for the maintenance of security and order.
Chapter VIII Accidents of Damages at Sea
shall make a summary report to the Harbour Superintendency Administration by
telegraph or radio-telephone as soon as possible. With regard to the
occurrence of an accident of damages at sea outside a port area, the captain
shall submit a report about the accident to the Harbour Superintendency
Administration within forty-eight hours of the vessel's entry into the first
port of call. With regard to the occurrence of an accident of damages at sea
within the port, the captain shall submit a report about the accident to the
Harbour Superintendency Administration within 24 hours.
waters of the People's Republic of China, which results in the loss of human
life and damage to property, it shall actively attempt to rescue the damaged
vessel and injured personnel, promptly report the matter to the Harbour
Superintendency Administration and subject itself to investigation and
handling. The troublemaker who does not rescue those in danger but hides
itself or runs away shall be severely dealt with.
shall promptly make a report to the Harbour Superintendency Administration. If
the default of personnel of the vessel side or the port side gives rise to
damage or injury or death to the other side, the scene shall be kept intact
and both sides shall duly report to the Harbour Superintendency Administration.
If a dispute occurs, any party concerned may apply to the Harbour
Superintendency Administration for investigation and handling. Those involving
crimes shall be dealt with by the judicial organs of the People's Republic
of China.
handled in accordance with the "Rules for the Investigation and Handling of
Accidents of Damage at Sea" promulgated by the Ministry of Communications of
the People's Republic of China.
Chapter IX Punishments on Contravention of Regulations
punishments as a warning or a fine, according to the nature and seriousness of
the offence, on anyone who has contravened these Regulations and any other
relevant decrees, provisions and regulations of the People's Republic of
China. Those of a vile and serious nature shall be handed over to, and dealt
with by, the judicial organs.
can make an appeal to the Harbour Superintendency Administration of the
People's Republic of China within 15 days of receipt of the notice. Before
alteration of the decision, however, the original punishment shall still
take effect.
Chapter X Supplementary Provisions
matters which are not included in these Regulations and other relevant
provisions of the People's Republic of China shall be handled in accordance
with the "International Rules For the Avoidance of Collision at Sea"
implemented by the People's Republic of China.
promulgation by the State Council of the People's Republic of China.
Concurrently therewith, the "Measures of the People's Republic of China For
the Administration of Port Entry and Exit by Vessels of Foreign Registry"
promulgated by the Ministry of Communications of the People's Republic of
China on March 12, 1957 shall be annulled.
URL: http://www.asianlii.org/cn/legis/cen/laws/rgvofn481