Laws of the People's Republic of China

PROCEDURES OF THE CUSTOMS OF THE PEOPLE'S
REPUBLIC OF CHINA FOR THE SUPERVISION OF SMALL
VESSELS FROM AND TO HONG KONG AND MACAO

(Promulgated by the Ministry of Foreign Trade on
July 7, 1958)

SUBJECT: CUSTOMS

ISSUING-DEPT: MINISTRY OF FOREIGN ECONOMIC RELATIONS & TRADE

ISSUE-DATE: 07/07/1958

IMPLEMENT-DATE: 09/01/1958

LENGTH: 1925 words

TEXT:

CHAPTER I GENERAL PRINCIPLES

[Article 1] The small vessels referred to in these Procedures mean power-driven vessels with registered tonnages of less than 300 tonnes and towed passenger and cargo barges and sailboats, regardless of their tonnages, from and to Hong Kong and Macao (hereinafter referred to as "small vessels").

Small vessels shall display the flags and lamps stipulated jointly by port authorities and Customs.

[Article 2] Apart from those specially permitted to be loaded with goods for export places without Customs as stipulated in Article 28 of these Procedures, small vessels shall enter or depart at ports provided with Customs, embark or land passengers and load or unload goods there. Vessels shall subject themselves to the supervision of Customs while they are entering or departing from ports or berthing thereat.

Small vessels shall be equipped with hold- or tank-sealing equipment except for those specially exempted by Customs.

[Article 3] On the way from or to Honk Kong or Macao, small vessels shall not unless otherwise approved by Customs tow any inland transport vessels or berth at any places where Customs is not set up. If due to force majeure a small vessel has to berth at a place without Customs in the course of the voyage, the captain shall report in writing to Customs situated at the place of its arrival or at any place covered by the voyage on the cause, time and place of its berthing.

[Article 4] Small vessels sailing between inland river ports and Hong Kong or Macao shall berth at supervisory stations and subject themselves to inspection by Customs.

[Article 5] The port (or shipping) authorities or the departments concerned shall inform Customs in advance of the time for an incoming small vessel to berth at a supervisory station and a port and the time and the time and place for it to embark or land passengers and load or unload goods at the port.

[Article 6] The points of anchorage of small vessels in the port and the areas for them to embark or land passengers and load or unload goods shall be fixed jointly by Customs and the port (or shipping) authorities.

[Article 7] Other means of marine traffic shall not approach small vessels without the permission of Customs before completion of Customs' inspection of them when they enter the port or after they have been cleared by Customs when they depart from the port. While the vessels are embarking or landing passengers or loading or unloading goods, means of marine traffic other than those for disembarking passengers, goods and working personnel shall not approach them.

[Article 8] When Customs is inspecting a vessel, the captain shall appoint a person to be present and act accordingly as soon as he is required to open up any parts of the vessel which are capable of concealing smuggled goods; if there is any equipment designed for concealment of smuggled articles, the captain shall demolish the same in accordance with the decision of Customs. When Customs is inspecting a seaman's room and luggage, the seaman concerned or his representative shall be present and if required shall unlock places for storage of articles or open luggage and packages.

[Article 9] Small vessels shall go through formalities stipulated by Customs and perform such jobs under the supervision of Customs as embarking or landing passengers and loading and unloading luggage, articles, goods, vessels' fuel, materials, padding or ballasting materials and international postal bags.

[Article 10] When Customs is in the course of execution of its supervisory duties, the port (or shipping) authorities shall provide it with necessary offices and means of marine traffic free of charge.

[Article 11] For entry small vessels, anyone except for those engaged in examination shall not be allowed to go on board ships before the completion of the Customs examination.

[Article 12] When Customs accepts a small vessel, the captain shall submit the following documents to the customs officer on duty (a small vessel which does not go by way of a supervisory station shall only submit one copy of each of the documents in items (1) and (3));

(1) Small vessel entry report in duplicate;

(2) Import loading list in duplicate (exempt from submission when there are no goods);

(3) Passenger list in duplicate (exempt from submission when there are no passengers);

(4) Navigation certification book (returned to the captain after certification by Customs).

Customs shall collect or inspect other documents when it deems it necessary.

[Article 13] Report of small vessels coming in or out of ports (attached with Form 1) (1) shall be filled in by the captain in detail in accordance with the items listed and signed by him.

[Article 14] If a small vessel has mechanical spare parts fitted in Hong Kong or Macao or replenishes its fuel or materials there, it shall submit relevant certificates, bills and invoices for inspection as required and Customs (or the supervisory station) shall deal with them in accordance with relevant provisions.

[Article 15] When an incoming small vessel arrives at a port by way of a supervisory station, the captain shall submit the navigation certification book and the customs cover entrusted to his care by the supervisory station to Customs at the port.

[Article 16] The foreign currencies on board and carried in by the captain and crew shall be held in centralised custody by the captain and checked and sealed by Customs (sealed by a supervisory station for a vessel entering by way of the said supervisory station). The Renminbi reserves carried by a small vessel on departure and sealed by Customs shall be submitted to Customs (or the supervisory station) for inspection and unsealed by Customs.

In the case of a small vessel which does not depart by way of a supervisory station and which uses the Renminbi reserves on a domestic coastal voyage, the captain shall report in writing to Customs (or the supervisory station) on the cause and amount of any expenditure.

CHAPTER III LANDING AND LOADING OF GOODS

[Article 17] Customs shall orally approve the landing of goods after it has completed inspection of a vessel and verified the documents submitted by the captain to be correct. Imported goods shall be kept at a place of storage approved by Customs in accordance with the loading list except for those delivered and received alongside the vessel and delivered by the captain to the owner of the goods according to the bill of lading signed by the Customs.

[Article 18] Goods for export shall be loaded by the captain on board according to the shipping order signed by the Customs.

[Article 19] When a small vessel handles goods, it shall ascertain the number of packages of each lot in accordance with the shipping order or import loading list. If the number of packages is wrong or the matter is not handled as stipulated in this Article, the captain shall immediately check and correct it jointly with the collecting and despatching units concerned in accordance with the instructions of Customs.

[Article 20] If any goods which have been rejected by Customs or are short in number or not included in the loading list are found when a small vessel handles goods, the captain shall indicate the position clearly on the export or import loading list and Customs shall handle it in accordance with relevant provisions.

CHAPTER IV CLEARANCE OF SMALL VESSELS

[Article 21] After a small vessel completes the embarkation of passengers and the loading of goods, the captain shall report to Customs and submit the following documents (a small vessel which does not go by way of a supervisory station shall only submit one copy of each):

(1) Small vessel departure report in duplicate;

(2) Export loading list in duplicate (exempt from submission when there are no goods);

(3) Passenger list in duplicate (exempt from submission when there are no passengers);

(4) Navigation certification book (returned to the captain after certification by Customs).

Customs shall collect or inspect other documents if it deems it necessary.

The Customs shall inspect the above documents after receipt thereof. All crew members shall be present while inspection is in progress; no person shall embark or disembark without the approval of Customs after the inspection.

[Article 22] The captain shall submit the foreign currencies sealed by Customs when the vessel enters the port to Customs for unsealing (unsealed by a supervisory station for a vessel departing by way of the station). The vessel's Renminbi reserves carried out by the vessel shall be checked and sealed by Customs.

[Article 23] When a small vessel which departs by way of a supervisory station arrives at the supervisory station, the captain shall submit the navigation certification book and the customs cover entrusted to his care by Customs in the port to the customs officer on duty for transacting inspection and clearance formalities.

CHAPTER V EXAMINATION AND CLEARANCE OF ARTICLES CARRIED BY THE CREW MEMBERS FOR PERSONAL USE

[Article 24] Articles on board and carried for personal use by crew members of a small vessel shall be restricted to those in reasonable quantities and essential to them in relation to work and life on board. Such articles left on board for personal use shall be declared in detail in "Handbook of the Articles for Personal Use Carried by Crew Members of a Small Vessel from or to Hong Kong or Macao" (hereinafter referred to as the "handbook" - attached with Form 2 (1)) which shall be submitted to Customs (to a supervisory station for a vessel entering or departing by way of the station - the same hereinafter) for checking each time it enters or departs the port.

If the above articles are left on shore or have been consumed or discarded, a report shall be made to Customs when it enters or departs the port for checking and making comments on the handbook.

[Article 25] When the crew members of a small vessel replenish their articles for personal use on board, they shall report the same on the handbooks and Customs shall only permit them to be carried in or out if they are checked and confirmed by Customs to be genuinely for personal use on board and in reasonable quantity and shall make comments on the handbooks.

Articles for personal use on board carried as aforesaid shall be restricted to a value of not more than two Renminbi per month for each person.

Articles prohibited from import or export shall not be carried.

[Article 26] When a seaman of a small vessel is transferred from the Hong Kong and Macao navigation line, a report shall be made to Customs which shall retrieve the handbook for cancellation.

CHAPTER VI SUPPLEMENTARY RULES

[Article 27] Any violation of these Procedures shall be dealt with in accordance with relevant provisions in the Provisional Customs Law of the People's Republic of China.

[Article 28] With the approval of Customs, a small vessel shall be loaded with goods for export at a place without Customs. Those small vessels which are concurrently engaged in coastal transportation shall be put under the supervision of Customs in accordance with relevant provisions and in consultation with these Procedures.

[Article 29] These Procedures shall come into force as from September 1, 1958.