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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 | With An Amendment Existing |
Date of Promulgation | 1983-04-20 | Effective Date | 1983-04-20 |
Provisions of the People's Republic of China Concerning the Administration of Vessels of Foreign Nationality Navigating in the Waters of the Yangtze River |
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Article 1 The Yangtze River is an inland waterway of the People's
Republic of China. These Provisions have, in accordance with the Rules of the
People's Republic of China Concerning the Administration of Vessels of Foreign
Nationality been formulated with a view to safeguarding the sovereignty of the
People's Republic of China, ensuring the safety of vessels and maintaining the
order of traffic in the Yangtze River waterway and its ports.
Article 2 All motorized and non-motorized vessels and other water-borne
vehicles of transport of foreign nationality (hereinafter referred to as
"vessels" sailing in, or berthing at, waterways or ports of the Yangtze River
of the People's Republic of China shall comply with these Provisions and all
relevant Laws, administrative decrees and regulations of People's Republic of
China.
Article 3(Note 1.) The waterway of the Yangtze River referred to in these
Provisions denotes the main waterway extending from the line joining Liuheiwu
(31 degrees 30 minutes 52 seconds north latitude, 121 degrees 18 minutes 5
seconds east longitude) at the lower end of the estuary of the Liu River, and
the signal post (31 degrees 37 minutes 34 seconds north latitude, 121 degrees
22 minutes 32 seconds east longitude) at the lower end of the estuary of the
Shiqiao River, Chongming Island, and upwards to the upper boundary of
Zhangjiagang (a line joining point 31 degrees 59 minutes 35 seconds north
latitude, 120 degrees 20 minutes east longitude and point 31 degrees 57
minutes 13 seconds north latitude, 120 degrees 20 minutes east longitude).
The ports referred to in these Provisions denote Nantong and Zhangjiagang,
which are open to vessels of foreign nationality in the Yangtze waterway.
Article 4 These Provisions shall be enforced by the Harbour
Superintendency Administration of the People's Republic of China, and all
vessels shall subject themselves to its supervision and control.
Article 5 No vessels may enter the Yangtze River waterway or its ports
without the approval of the Harbour Superintendency Administration of the
People's Republic of China. Those permitted to enter the Yangtze River
waterway, shall be subject to inspection of the Quarantine Office, the
Harbour Superintendency Administration, the Border Inspection Office, the
Customs and the Animal and Plant Inspection Office, and complete all relevant
formalities. The abovementioned authorities are entitled to exercise on
board supervision, if and when they deem it necessary.
Article 6 Vessels entering the Yangtze River waterway shall not engage
in shipping business between the various ports along the Changjiang River
and between these ports and the port of Shanghai, nor shall they engage in
other unauthorised operations.
Article 7 A vessel entering the Yangtze River Ports shall comply with
the following stipulations:
(1) One week prior to its scheduled passage through the port of Shanghai,
appoint the port agent company for foreign vessels to complete entry
formalities and seek approval from the Harbour Superintendency Administration
at the next port of call on the Yangtze River.
(2) 24 hours prior to passing through the port of Shanghai (or upon
departure from the last port of call if the voyage takes less than 24 hours),
report such items as the estimated time for passing through the port of
Shanghai and arrival at the port on Yangtze River, the size of the vessel,
its fore and aft drafts, and maximum altitude above the actual waterline, to
the Harbour Superintendency Administration through the port agent for
foreign vessels.
(3) Shall duly advise any alteration in the time reported as required
under this Article.
Article 8 Vessels sailing in the Yangtze River waterway or bething at
its ports shall apply to the Harbour Superintendency Administration at the
port of arrival along the Yangtze River for pilotage, and for passing through
the port of Shanghai, shall apply to the Shanghai Harbour Superintendency
Administration for pilotage.
Article 9 Upon arrival at the port, vessels shall immediately submit
the entry report and other relevant forms and statements, ship's papers and
relevant documents for examination and subject themselves to inspection.
Before leaving the port, vessels shall report the time of departure and the
port of destination to the Harbour Superintendency Administration and complete
the departure formalities through the port agency for foreign vessels and may
leave the port only after port clearance has been obtained.
Article 10 Vessels sailing in the Yangtze River waterway or berthing
at its ports shall during the day fly the national flag of the People's
Republic of China at the top of the front mast and the national flag of the
country of registry at the stern; an "H" flag shall in addition be flown when
there is a pilot on board. On entering or leaving ports or shifting berths,
vessels shall also display signal-letters and other prescribed signals.
Article 11 Vessels making use of their VHF radio-telephone in the
Yangtze River waterway or its ports shall comply with the Interim Measures
Governing The Use of VHF Radio-telephone by Foreign Vessels promulgated by
the Ministry of Communications of the People's Republic of China.
Article 12 In the Yangtze River, a vessel's radio-telegraph and
radio-telephone transmitters can only be used for communications with the
riverside and coastal radio-stations of the People's Republic of China, and
they can only be used in ports in case of emergency, and reports shall be made
to the Harbour Superintendency, Administration immediately thereafter.
In the Yangtze River waterway and its ports, a vessel's signal rockets,
flame signals or gun signals can only be set off in case of emergency, and
reports shall be made to the Harbour Superintendency Administration
immediately thereafter.
Article 13 Vessels sailing in the Yangtze River waterway or berthing
at its ports are prohibited from conducting the following activities:
(1) taking photographs or drawing pictures of military installations
and military ships, or videotaping or surveying the same;
(2) shooting, swimming, fishing and setting off firecrackers or
fireworks; or
(3) other activities endangering the national security, rights and
interests, safety and order of the People's Republic of China.
Article 14 Vessels sailing in the Yangtze River waterway shall anchor
as near to the outer limit of the fairway, as possible - and shall not
occupy the main channel of navigation-under extraordinary circumstances
such as bad weather and flood peaks, when temporary anchoring is required,
and shall promptly report the time of departure to the nearest Harbour
Superintendency Administration, and no crew member shall go ashore without
the permission of the local public security organs.
Article 15 Vessels sailing in the Yangtze River waterway shall not
proceed at a speed that may endanger the safety of other vessels and
installations on the river banks.
Article 16 Matters concerning navigation, berthing and prevention of
collisions of vessels sailing in the Yangtze River waterway or berthing at
its ports shall be carried out in accordance with the Rules Governing
Prevention of Collision in Inland Waterways promulgated by the Ministry of
Communications of the People's Republic of China.
Article 17 While using signals, vessels shall comply with the Rules
Governing Prevention of Collisions in Inland Waterways and other relevant
signal regulations; signals not being specified therein shall be displayed
in accordance with the relevant international regulations.
Article 18 No vessels sailing in the Yangtze River waterway or berthing
at its ports shall discharge or dispose of oils, oily mixtures or other
pollutions or refuse into the water.
Article 19 Matters provided for in these Provisions shall be handled
in accordance therewith, while those not being set forth herein shall be
dealt with in accordance with the Rules of the People's Republic of China
concerning the Administration of Vessels of Foreign Nationality and other
relevant stipulations.
Article 20 These Provisions shall come into effect as of the date of Note 1. With respect to the contents of Article 3, the relevant
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promulgation.
Note:
provisions of the official reply of the State Council Concerning the Amending
of the Regulation of the People's Republic of China Concerning the
Administration of Vessels of Foreign Nationality Navigating in the Waters
of the Yangtze River: on February 6, 1986 shall now prevail -- The Editor.
URL: http://www.asianlii.org/cn/legis/cen/laws/pctaovofnnitwotyr1180