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| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-07-06 | Effective Date | 1996-07-06 |
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Regulations of the People's Republic of China on Security Protection in Civil Aviation |
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Article 1 These Regulations are formulated with a view to preventing the
unlawful interference in civil aviation activities, maintaining the order in
civil aviation and ensuring civil aviation safety.
Article 2 These Regulations are applicable to all civil aviation
activities and to units and individuals involving in civil aviation activities
within the territory of the People's Republic of China.
These Regulations are also applicable to civil aircraft of Chinese
nationality that engage in civil aviation activities outside the territory of
the People's Republic of China, unless otherwise provided in international
treaties concluded or acceded to by the People's Republic of China.
Article 3 The work for security protection in civil aviation shall be
conducted under the principle of unified administration and responsibility
assumed by each department for its own work.
The public security organs of civil aviation (hereinafter referred to as
"CA public security organs") shall be responsible for the unified
administration, inspection and supervision of the work for security protection
in civil aviation.
Article 4 Local people's governments concerned should be in close
cooperation with civil aviation units to keep civil aviation safety together.
Article 5 Passengers, consignors and consignees of cargoes, and other
persons to enter an airport should observe laws, regulations and rules on the
administration of civil aviation safety.
Article 6 The operators of a civil airport and civil aircraft should
perform the following duties:
(1) drawing up their own plans for security protection in civil aviation
and submitting them to the competent civil aviation authority under the State
Council for the record;
(2) taking strict measures for civil aviation security; and
(3) making regular training for civil aviation security and removing in
time hidden dangers to civil aviation security.
Foreign civil aviation enterprises having air services with the People's
Republic of China should submit their plans for security protection in civil
aviation to the competent civil aviation authority under the State Council for
the record.
Article 7 Any citizen is entitled to expose to the CA public security
organs attempted hijacking or damage to civil aircraft or other actions
jeopardizing the safety in civil aviation.
Article 8 A unit or individual that has distinguished itself or himself Article 9 The construction, reconstruction and expansion of a civil Article 10 The following conditions of security protection should be (1) having an airport control area and assigning full-time guards; (2) having protective rails and patrol passageways all of which should (3) having a security protection organ with necessary personnel and (4) having a security inspection organ with personnel and inspection (5) having a full-time fire brigade with personnel and equipment provided (6) formulating a crash programme and providing necessary emergency rescue Article 11 The airport control area should, according to the requirements Article 12 Strict security measures should be taken in the airport Article 13 Persons and vehicles to enter the airport control area must The pass of the airport control area shall be issued and managed by the Article 14 Persons and vehicles within the aircraft operation and Article 15 Special guards must be appointed for civil aircraft parked in Article 16 It is prohibited to commit any of the following actions: (1) climbing over, passing through or damaging protective rails and other (2) hunting, grazing livestock, drying grain in the air or sun, or (3) entering the airport control area without a pass; (4) wantonly going across the aircraft runways or taxiing paths; (5) boarding or occupying aircraft by force; (6) falsely reporting dangers to make disturbance; and (7) committing other actions disturbing the order in the airport. Article 17 The sale of passenger tickets by the carrier or his agent must Article 18 The carrier must check the passenger and his luggage when Article 19 The carrier must check the number of passengers when If a passenger has already gone through the boarding formalities but not If a passenger stops traveling in the course of flight, his luggage must Article 20 The carrier must appoint special agents to exercise Article 21 A unit responsible for preparing and loading provisions must Article 22 The pilot-in-command shall take overall responsibility for The air security inspector shall, under the leadership of the The pilot-in-command, the air security inspector and other crew members Article 23 In performing his duties, the pilot-in-command may exercise (1) He may refuse takeoff where he discovers before the takeoff of the (2) He may take control measures in flight over anyone who disturbs the (3) He may take necessary measures in flight against hijacking, damage to (4) He may make a final decision on the disposal of the aircraft under the Article 24 It is prohibited to commit any of the following actions (1) reselling for profit certificates for purchasing tickets, passenger (2) booking tickets or going on board with other's identity certificate; (3) consigning or carrying luggage or articles not belonging to the (4) loading the aircraft with articles without passing security inspection Article 25 It is prohibited to commit any of the following actions on (1) smoking in the no smoking zone; (2) rushing to seize seats or luggage racks (cabins); (3) brawling, excessively drinking or instigating quarrels; (4) stealing, intentionally damaging or moving without authorization (5) committing other actions jeopardizing the flight safety or disturbing Article 26 All passengers or other persons who intend to fly in civil Anyone who refuses security inspection must not be permitted to go on Article 27 Security inspectors should check the passenger ticket, the Passengers having passed security inspection should wait within the Article 28 Workers (including crew members) to enter the isolated waiting Persons meeting or seeing off passengers and others must not enter the Article 29 Diplomatic bags shall be exempt from security inspection. The Article 30 Cargoes to be transported by air must undergo security The consignor must not falsely declare the description of cargoes or Article 31 Airmails must undergo security inspection. If any mail is Article 32 Unless otherwise provided by the State Council, anyone who (1) guns, ammunition, armaments and police appliances; (2) controlled knives; (3) inflammable, explosive, poisonous, corrosive or radioactive materials; (4) other articles the transportation of which is prohibited by state Article 33 Articles other than those prescribed in the Article 32 of Quantity limits shall be set for the carriage of articles for daily use Article 34 If anyone violates the provisions of Article 14 of these Article 35 If anyone violates the relevant provisions of these (1) Anyone who commits the acts prescribed in Item (4) of Article 24 of (2) Anyone who commits the acts prescribed in Item (3) of Article 24 of (3) Anyone who violates the provisions of the second paragraph of Article Article 36 In any of the following circumstances, the competent civil (1) in violation of the provisions of Article 15 of these Regulations, (2) in violation of the provisions of Article 17 of these Regulations, (3) in violation of the provisions of Article 18 of these Regulations, (4) violating the provisions of Article 19 of these Regulations; or (5) in violation of the provisions of Article 20, Article 21, the first Article 37 If anyone violates the relevant provisions of these Article 38 Anyone who violates the provisions of these Regulations Article 39 The meaning of terms mentioned in these Regulations: "Airport control area" refers to an area which is delimited within an "Isolated waiting area" refers to an area delimited within a waiting "Aircraft operation area" refers to an area used by aircraft to takeoff, Article 40 These Regulations comes into force on the date of promulgation.
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in keeping civil aviation safety shall be rewarded by the people's government
concerned or the competent civil aviation authority under the State Council.
Chapter II Security Protection in Civil Airport
airport (including part for civil air operations in an airport both for
military and civilian purposes, the same below) should conform to stipulations
of the competent civil aviation authority under the State Council on the
construction of security installations in civil airport.
satisfied if a civil airport is to be opened for use:
conform to standards;
equipment;
equipment suitable for its transport capacity;
according to its fire prevention grade; and
equipment.
for security protection, be divided into the isolated waiting area, the
luggage distribution area, the aircraft operation and maintenance area, the
cargo storing area, and so on. All such areas should separately be provided
with security protection facilities and clear signs.
control area and management be conducted with different areas closed to each
other. The specific measures shall be formulated by the competent civil
aviation authority under the State Council.
wear a pass of the airport control area and accept the inspection by guards.
CA public security organs according to the relevant provisions of the
competent civil aviation authority under the State Council.
maintenance area must move along designated routes. Vehicles and equipment
must be parked or placed in designated positions. Any person and vehicle must
make way for aircraft.
the airport. Each department concerned and its staff members must strictly
follow a shift system for guarding aircraft.
security facilities in the airport;
teaching driving within the airport control area;
Chapter III Security Protection for Civil Aviation Operations
conform to the relevant provisions of the competent civil aviation authority
under the State Council. Passenger tickets must not be sold to those who do
not conform to the provisions.
going through acceptance formalities.
passengers go on board.
boards the aircraft, his luggage must not be loaded or left in the aircraft.
be unloaded.
supervision and control over luggage and cargoes it understands to transport
during the period of the storage or transport on the surface.
ensure the security of provisions to be loaded in the aircraft.
security protection in flight.
pilot-in-command, take charge of the detailed affairs for security protection.
should strictly perform their duties in order to ensure the safety of civil
aircraft and persons and property carried therein.
any of the following powers:
aircraft that a party concerned fails to take security measures for the
aircraft prescribed in these Regulations.
order on board and the normal work of crew members in disregard of dissuasion.
the aircraft or other actions jeopardizing the security.
special circumstances in flight.
disturbing the order in the operation of civil aviation:
tickets or valid booking certificates of an air transport enterprise;
passenger themselves on the strength of the passenger ticket; and
or taking other security measures.
board:
lifesaving materials and appliances; and
the order on board.
Chapter IV Security Inspection
aircraft, along with luggage and articles carried with them, must undergo
security inspection with the exception of those exempt from inspection
according to the stipulations of the State Council.
board and shall himself bear the losses incurred.
identity certificate and the boarding card and should exercise security
inspection of passengers and their luggage and articles by instrument or by
hand. When necessary, they may conduct a strict inspection.
isolated waiting area.
area and articles carried with them should undergo security inspection.
isolated waiting area.
diplomatic courier and other articles carried with him should undergo security
inspection unless there are other provisions in international treaties
concluded or acceded to by the People's Republic of China.
inspection or be handled by other security measures.
conceal dangerous articles among them.
found suspicious, the security inspection department should, in consultation
with the postal department, unpack it to make an inspection and deal with it.
intends to fly in civil aircraft shall be forbidden from carrying with him or
consigning any of the following articles:
and
provisions.
these Regulations which may be used to jeopardize civil aviation safety must
not be carried by passengers. Such articles may, however, be consigned as
luggage, or carried and delivered at the destination by crew members according
to the relevant provisions of the competent civil aviation authority under the
State Council.
which contain inflammable substances. The said articles and their limited
quantities shall be specified by the competent civil aviation authority under
the State Council.
Chapter V Penalties
Regulations, or commits any of the acts prescribed in Article 16, Items (1)
and (2) of Article 24 or Article 25 of these Regulations, the CA public
security organs shall punish him in accordance with the provisions of the
Regulations of the People's Republic of China on Administrative Penalties for
Public Security.
Regulations, the CA public security organs shall punish him in accordance with
the following provisions:
these Regulations may be given a warning or fined not more than 3,000 yuan.
these Regulations may be given a warning, with his unlawful gains confiscated,
or fined not more than 5,000 yuan.
30 or Article 32 of these Regulations may, if his act has not confiscated a
crime, be fined not more than 5,000 yuan, with his articles unlawfully carried
confiscated or seized.
aviation authority may give a warning to any unit violating the provisions of
these Regulations, order it to suspense business operations pending
rectification or fine it not more than 50,000 yuan. The CA public security
organs may give a warning to the person directly responsible or fine him not
more than 500 yuan.
causing aircraft out of control;
selling passenger tickets;
failing to check the passenger and his luggage on the part of the carrier in
going through acceptance formalities;
paragraph of Article 30 or Article 31 of these Regulations, take no security
measures for articles to be transported or loaded in aircraft.
Regulations and the act has constituted a crime, criminal liability shall be
investigated according to law.
should, in addition to punishment in accordance with the provisions of this
Chapter, bear responsibility for compensation according to law if he causes
losses to property of a unit or individual.
Chapter VI Supplementary Provisions
airport according to security requirements and within which restrictions are
imposed on entry and exit persons and articles.
building (or room) according to security requirements for exit passengers
having passed security inspection to wait for boarding the aircraft, as well
as to boarding passages and ferrying vehicles.
land and conduct other related ground activities, including runways, taxiing
paths, liaison paths and the airliner parking area.
URL: http://www.asianlii.org/cn/legis/cen/laws/rospica548