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REGULATIONS ON DOMESTIC COMMUNICATIONS HEALTH QUARANTINE

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-11-28 Effective Date  1999-03-01  

Regulations on Domestic Communications Health Quarantine





(Promulgated by Decree No. 254 of the State Council of the People's

Republic of China on November 28, 1998)

    Article 1  These Regulations are formulated in accordance with the
provisions of the Infectious Diseases Prevention and Treatment Law of the
People's Republic of China(hereinafter referred to as the Infectious Diseases
Prevention and Treatment Law for abbreviation) with a view to controlling
the spread of quarantine infectious diseases through means of communication
as well as passengers, crews and materials thereon, preventing the epidemic
of quarantine infectious diseases and protecting people's physical health.

    Article 2  In the event of discovery of epidemic situation on
quarantine infectious diseases on trains, vessels, aircraft and other
vehicles(hereinafter referred to as means of communication for abbreviation)
that enter or exit quarantine infectious disease(s) epidemic area or on means
of communication in non-quarantine infectious disease(s) epidemic area,
communications health quarantine shall be carried out on the means of communication and the passengers, crews and materials thereon pursuant to
these Regulations.

    Border health quarantine at ports, airports of international traffic
as well as ports of land border and boundary rivers of the People's Republic
of China shall be carried out pursuant to the provisions of the Border Health
Quarantine Law of the People's Republic of China.

    Article 3  The quarantine infectious diseases referred to in these
Regulations mean the plague, cholera as well as other infectious diseases
determined and announced by the State Council.

    Diagnosis standards for quarantine infectious diseases shall be
implemented pursuant to the relevant state health standards and the
provisions of the department of public health administration under the
State Council.

    Article 4  The department of public health administration under the
State Council shall be in charge of the work of supervision and administration
of domestic communications health quarantine nationwide.

    Departments of public health administration of local people's governments
above the county level shall be responsible for the work of supervision and
administration of domestic communications health quarantine within their
respective administrative areas.

    Competent public health institutions of the competent departments of railways, communications and civil aviation administration shall, pursuant
to the relevant laws and regulations and the division of duties and
responsibilities laid down by the department of public health administration
under the State Council in conjuction with the competent departments of
railways, communications and civil aviation administration respectively,
be responsible for the work of domestic communications health quarantine
within their respective scope of duties and responsibilities.

    Article 5  People's governments of the provinces, autonomous regions
and municipalities directly under the Central Government shall, pursuant
to the provisions of the Infectious Diseases Prevention and Treatment Law,
determine quarantine infectious disease(s) epidemic area(s) and decide on
the implementation of communications health quarantine of the means of communication as well as the passengers, crews and materials carried thereon
that enter or exit the epidemic area(s).

    Article 6  With respect to the means of communication and the passengers,
crews and materials carried thereon that enter or exit the quarantine
infectious disease(s) epidemic area(s), the department of public health
administration of local people's government above the county level or the
competent public health institutions of the competent departments of railways,
communications and civil aviation administration have the power to take the
following corresponding measures for communications health quarantine in
accordance with their respective duties and responsibilities:

    (1)to check and inspect the personnel, means of communication and the
materials carried by them that enter or exit the quarantine infectious
disease(s) epidemic area(s);

    (2)to carry out temporary isolation, medical inspection and other
emergency medical measures for patient(s) of quarantine infectious disease(s),
pathogen carrier(s), suspected patient(s) of quarantined infectious disease(s)
and those who have had close contact with them;

    (3)to impose control over and carry out sanitary treatment of articles
contaminated by pathogen(s) of quarantine infectious disease(s) or of those
articles that may have been contaminated;

    (4)to carry out emergency sanitary treatment of the means of
communication passing through the said epidemic area and their parking
(berthing) site(s); and

    (5)other health quarantine measures that are required to be taken.

    The duration of adoption of the communications health quarantine measures
listed in the preceding paragraph starts as of the time of decision of
imposition to the time of decision of termination.

    Article 7  In the event of discovery of any of the following circumstances
on means of communication in a non-quarantine infectious disease epidemic
area, the department of public health administration of people's government
above the county level or the competent public health institutions of the
competent departments of railways, communications and civil aviation
administration have the power to impose communications health quarantine
on the means of communication and the passengers, crews and materials carried
thereon in accordance with their respective duties and responsibilities:

    (1)discovery of rodents infected with the plague or abnormal death of rodents, and the cause of death is unknown;

    (2)discovery of patient(s) of the plague or cholera, pathogen
carrier(s), suspected patient(s) of the plague or cholera; and

    (3)discovery of other infectious diseases determined and announced by
the State Council that call for imposition of domestic communications
health quarantine.

    In the event of discovery of any of the circumstances listed in
the preceding paragraph on the trains, vessels and aircraft operating
in non-quarantine infectious disease(s) epidemic area(s) transcending
the provinces, autonomous regions and municipalities directly under the
Central Government, the department of public health administration under
the State Council may, in conjunction with the competent departments of railways, communications and civil aviation administration respectively,
decide to impose communications health quarantine on the said trains,
vessels and aircraft and direct the trains, vessels and aircraft not to
stop at or berth or pass through ports, airports or railway stations;
however, suspension of trunk line traffic or cordon of border area for
the imposition of communications health quarantine shall be subject to
the decision of the State Council.

    Article 8  In the event of discovery of patients of quarantine
infectious disease(s), pathogen carrier(s) and suspected patient(s) of quarantine infectious disease(s) on means of communication in non-
quarantine infectious disease(s) epidemic area(s), the Person(s)-in-
charge of the means of communication shall organize the relevant personnel
to take the following temporary measures:

    (1)to notify the point of stoppage or berthing ahead in the fastest way
and report to the competent department of the operational unit of the means
of communication;

    (2)to impose isolation on the patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them;

    (3)to cordon off the area(s) already contaminated or the area(s) that may
have been contaminated, and to take measures to prohibit the discharge of contaminants and other measures of sanitary treatment;

    (4)to hand over the passenger list of patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them as well as other
passengers that call for follow-up observation to the department of public
health administration of people's government above the county level at the
designated point of stoppage or berthing; and

    (5)to carry out sanitary treatment of the means of communication that have
carried patient(s) of quarantine infectious disease(s), pathogen carrier(s)
and suspected patient(s) of quarantine infectious disease(s) and the
environment under possible contamination.

    Departments of public health administration of people's governments above
the county level of localities of stoppage or berthing of means of
communication or the competent public health institutiions of the competent
departments of railways, communications and civil aviation administration
shall, in accordance with their respective duties and responsibilities and
in pursuance of the provisions of the Infectious Diseases Prevention and
Treatment Law, take control measures.

    Article 9  Departments of public health administration of local people's
governments above the county level or competent public health institutions of competent departments of railways, comunications and civil aviation
administration shall, in accordance with their respective duties and
responsibilities, impose communications health quarantine on the means of communication whereon quarantine infectious disease(e) epidemic situation
has been discovered as well as the passengers, crews and materials carried
thereon that enter or exit the quarantine infectious disease(s) epidemic
area or non-quarantine infectious disease(s) epidemic area; where quarantine
has been passed, a certificate of passing quarantine shall be issued.
The means of communication as well as the passengers, crews and materials
carried thereon may pass on the strength of the certificate of passing
quarantine.

    The format of the certificate of passing quarantine shall be determined
by the department of public health administration under the State Council
in consultation with the competent departments of railways, communications
and civil aviation administration under the State Council.

    Article 10  With respect to the patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them who refuse to be
subjected to isolation, treatment or detention for check-up as well as
the means of communication, sites of stoppage or berthing and materials
that may posssibly spread quarantine infectious disease(s) which reject
inspection and sanitary treatment, the department of public health
administration of people's government above the county level or the
competent public health institutions of the competent departments of railways, communications and civil aviation administration shall, in
accordance with their respective duties and responsibilities and in pursuance
of the provisions of the Infectious Diseases Prevention and Treatment Law,
take mandatory quarantine measures; whenever necessary, people's government
above the county level of the locality shall organize the public security
department to provide assistance.

    Article 11  Department of public health administration of people's
government of the province, autonomous region and municipality directly
under the Central Government of the locality of the epidemic area shall,
upon the outbreak of the quarantine infectious disease epidemic, notify
the competent public health institutions of the relevant competent departments
of railways, communications and civil aviation administration of the epidemic
situation. The competent public health institutins shall, upon receipt of the notice of epidemic situation, inform the operational unit of the means
of communication concerned in time.

   Report, circular and announcement on quarantine infectious disease(s)
epidemic information shall be made pursuant to the provisions of the
Infectious Diseases Prevention and Treatment Law and its Measures for
Implementation.

    Article 12  The department of public health administration under the
State Council shall, pursuant to the provisions of the Infectious Diseases
Prevention and Treatment Law, step up the supervision and administration
of prevention and treatment of quarantine infectious diseases, and draw up
the plan for the implementation of domestic communicatiions health
quarantine pursuant to the provisions of these Regulations in conjunction
with the competent departments of railways, communications and civil aviation
administration.

    Article 13  Patient(s) of quarantine infectious disease(s), pathogen
carrier(s), suspected patient(s) of quarantine infectious disease(s) and those
who have had close contact with him/her/them that conceal(s) the truth or
evade(s) communications health quarantine shall, in accordance with the
division of their respective duties and responsibilities, be ordered by the
department of public health administration of local people's govrnment above
the county level or the competent public health institutions of railways,
communications and civil aviation administration to make a rectification
within the specified time period, be administered a warning and be
concurrently imposed a fine of less than RMB 1000 Yuan; whoever refuses to
be subjected to check-up and inspection and sanitary treatment shall be
administered a warning and may concurrently be imposed a fine of more than
RMB 1000 Yuan less than RMB 5000 Yuan; where there are serious circumstances
giving rise to the spread of quarantine infectious disease(s) or having
serious danger of spreading that constitute a crime, criminal liability
shall be investigated according to law.

    Article 14  The person-in-charge of the means of communication who fails
to take measures pursuant to the provisions of these Regulations upon
discovery of patient(s) of quarantine infectious disease(s), pathogen
carrier(s) and suspected patient(s) of quarantine infectious disease(s) on
the means of communication in non-quarantine infectious disease epidemic area
shall be ordered by the department of public health administration of local
people's government above the county level or the competent public health
institutions of the competent departments of railways, communications and
civil aviation administration to make a rectification, be administered a
warning, and be concurrently imposed a fine of more than RMB 1000 Yuan less
than RMB 5000 Yuan in accordance with their respective duties and
responsibilities; where there are serious circumstances giving rise to the
spread of quarantine infectious disease(s) or having serious danger of
spreading that constitute a crime, criminal liability shall be investigated
according to law.

    Article 15  The department of public health administration of local
people's government above the county level or the competent public health
institutions of the competent departments of railways, communications and
civil aviation administration that fail to impose temporary isolation,
carry out medical inspection and take other emergency medical measures
according to law as well as fail to exercise necessary control over and effect
sanitary treatment according to law of the articles, the means of
communication and the site of its stoppage or berthing which have been
contaminated by the quarantine infectious disease(s) pathgen or those
articles which might have been contaminated shall be ordered by its(their)
competent department of administration at the next higher level to make a
rectification within the specified time period, the person-in-charge directly
responsible and other persons directly responsible shall be imposed
administrative sanctions according to law; where there are serious
circumstances giving rise to the spread of quarantine infectious disease(s)
or having serious danger of spreading that constitute a crime, criminal
liability shall be investigated according to law.

    Article 16  These Regulations shall enter into force as of March 1, 1999.
The Control Measures for Railway Transport Quarantine approved by the State
Council on September 19, 1985 and promulgated by the Ministry of Railways
and the Ministry of Public Health on October 12, 1985 is simultaneously
superseded.



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