Laws of the People's Republic of China

GENERAL RULES GOVERNING JOINT INSPECTION OF
INCOMING AND OUTGOING SHIPS

(Approved by the State Council on September 8,
1961 and jointly promulgated by the Ministry of
Communications, Ministry of Foreign Trade,
Ministry of Public Security and Ministry of
Public Health on October 24, 1961)

SUBJECT: MARITIME LAW

ISSUING-DEPT: MINISTRY OF COMMUNICATION

ISSUE-DATE: 09/08/1961

IMPLEMENT-DATE: 10/24/1961

LENGTH: 704 words

TEXT:

(1) These General Rules are enacted for the purpose of strengthening joint inspection of incoming and outgoing ships, crews of ships, passengers, baggage and cargo so as to insure safety of navigation, safeguard the security of the frontiers, stop smuggling, prevent epidemics from being brought into or out of the country, and facilitate the movement of ships entering into and leaving the harbours and foreign trade and transportation.

(2) The organs which shall take part in the joint inspection and the different spheres of inspection to be carried out on their responsibility are as follows:

a. Harbour Bureau: to assume responsibility for examining the ship's documents and matters concerning the safety of navigation of ships.

b. Customs: to assume responsibility for inspecting the ships, cargo, and the baggage and articles carried by crews of ships and passengers to see whether there is breaching of laws and smuggling.

c. Frontier inspection organ: to assume responsibility for carrying out frontier inspection of the ships as well as the passports, related documents, baggage and articles of ships' crew and passengers.

d. Frontier health and quarantine organ: to assume responsibility for carrying out medical inspection and health inspection and for giving the necessary health treatment to the ships, crews of ships, passengers, luggage and cargo.

Except with the special approval of the State Council, no other organ may carry out inspection.

(3) Permits for ships' entry into and departure from ports shall be handled by the Harbour Bureau, and no other organ may obstruct or detain the ships under any pretext. In case it is necessary to prohibit or delay a ship's entry into or departure from the port, the action must be taken through the Harbour Bureau.

(4) The Harbour Bureau shall assume responsibility for organizing the joint inspection and shall notify the relevant inspection organs in advance of the time at which a ship enters into and departs from the port and the place of its berth.

(5) When the ship is, according to regulations, subject to quarantine inspection at the time of entry into the port, all personnel taking part in joint inspection, except for the pilot and personnel approved by the frontier and quarantine personnel, should board the ship to carry out inspection after the ship is being examined by the quarantine personnel.

(6) Inspection of the baggage and personal effects of foreign diplomats and consular officials and other personnel entitled to preferential treatment shall be handled in accordance with the relevant regulations of the People's Republic of China.

(7) Unless otherwise provided for by the State, Chinese ships navigating in inland rivers and along the coast shall, in principle, not be subject to inspection. If necessary, inspection may be carried out by the relevant inspection organs through the Harbour Bureau.

(8) Inspection of ships, crews of ships, passengers, baggage and cargo shall be limited to the port of departure, port of arrival and port of call. Unless under special circumstances, a ship may not be stopped for inspection while on its way.

(9) The Harbour Bureau at each port shall periodically call and chair a joint inspection conference attended by representatives of the Customs, frontier inspection organ and frontier health and quarantine organ and, if necessary, may invite representatives from other organs concerned to attend the conference to discuss matters concerning joint inspection.

The joint inspection conference shall appoint a secretary to handle the routine affairs under the leadership of the Harbour Bureau.

(10) The term "inspection" in these General Rules refers to the items listed under Article 2. Where provisions have been made, other matters, such as control exercised by the harbour bureaus over ships, supervision and collection of duties by the Customs in respect of ships and cargo, and health supervision exercised by the frontier health and quarantine organs in respect of ships shall still be handled by the competent organs in accordance with the relevant provisions.

(11) These General Rules shall be put into effect from the date of their promulgation.