Laws of the People's Republic of China

REGULATIONS GOVERNING SUPERVISION AND CONTROL
OF FOREIGN VESSELS BY THE PEOPLE'S REPUBLIC OF
CHINA

(Issued on August 22, 1979, by the State Council)

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: STATE COUNCIL OF CHINA

ISSUE-DATE: 08/22/1979

IMPLEMENT-DATE: 08/22/1979

LENGTH: 3393 words

TEXT:

GENERAL PROVISIONS

[Article 1] These Regulations have been formulated with a view to safeguarding the sovereignty of the People's Republic of China, to maintaining traffic order in port areas and coastal waters, to ensuring safety of navigation and to preventing pollution of waters.

[Article 2] These Regulations as well as all relevant laws, statutes and rules issued by the Government of the People's Republic of China shall be complied with by all foreign vessels (hereinafter referred to as "vessels") navigating in port areas and coastal waters of the People's Republic of China.  Vessels shall be subject to inspections by the Harbour Superintendency Administration set up in the port by the Government of the People's Republic of China where the latter deems such inspections necessary.

The term "coastal waters" mentioned in these Regulations means inland waters and territorial sea of the People's Republic of China as well as water areas officially defined as coming under the jurisdiction thereof.

PART I ENTRY, DEPARTURE AND NAVIGATION

[Article 3] The master or owner of a vessel shall, a week prior to its expected arrival at the port, submit the required forms to the Harbour Superintendency Administration through the vessel's port agent for completion of entry formalities, and shall report, 24 hours in advance of her arrival (or on her departure from the last port of call if the voyage takes less than 24 hours), the vessel's ETA, fore and aft drafts on arrival to the Harbour Superintendency Administration through the port agent.  Should there be any change in the ETA, same shall be reported in time.

A report shall be submitted in advance to the Harbour Superintendency Administration in case of special circumstances, such as the vessel being in distress, the engines broken down or her crew or passengers suffered from acute disease, which necessitate the vessel to make an emergent entry into or to return to the port during the voyage.

[Article 4] No vessel shall enter or leave the port, or navigate or shift berths therin without a pilot being appointed by the Harbour Superintendency Administration.  Matters regarding pilotage shall be dealt with according to the Regulations with respect to Sea-port Pilotage issued by the Ministry of Communications of the People's Republic of China.

[Article 5] Upon arrival at the port, vessels shall immediately submit the Entry Report and other relevant forms for check-up; besides, vessels shall submit ship's papers and relevant documents for examination and be subject to inspections.  Prior to leave, vessels shall submit the Departure Report and other relevant forms for clearance examination and may only leave the port after port clearance has been obtained.

[Article 6] Upon arrival at the port, arms and ammunition on board are to be sealed up by the Harbour Superintendency Administration.  Radio-telegraph transmitter, radio-telephone transmitter, signal rockets, flare signals and signal guns shall only be used in case of emergency, and a report shall be made to the Harbour Superintendency Administration immediately afterwards.

[Article 7] Shooting, swimming, fishing, setting off of firecrackers or fireworks and other actions calculated to endanger the order and security of the port shall be prohibited.

[Article 8] The Harbour Superintendency Administration is fully authorized to detain the vessel concerned, or to order the vessel to stop sailing, to change route or to return to the port under any of the following circumstances:

(1) Unseaworthiness;

(2) Violation of laws of regulations of the People's Republic of China;

(3) Involvement in marine accident;

(4) Non-payment of expenses to which the vessel is liable or failure to produce security required; or

(5) Other cases prohibiting the vessel from sailing.

[Article 9] Vessels navigating in Chinese port areas and coastal waters shall not be engaged in activities endangering the national safety, rights and interests of the People's Republic of China and shall comply with regulations governing straits, waterways, routes and areas closed to navigation.

[Article 10] Vessels navigating within the port areas shall not proceed at a speed liable to endanger the safety of other vessels and port installations.

[Article 11] Boats (rafts) attached to vessels shall not be manoeuvred within port areas except for life-saving purposes.

[Article 12] No vessel shall have its boats, derricks and gangways, etc., stretched outboard while navigating or shifting berths within port areas.

[Article 13] Vessels requiring to enter any of the Chinese ports open to foreign trade for shelter or temporary stay shall apply to the Harbour Superintendency Administration for permission.  Such application shall state: name of the vessel, callsign, vessel's nationality, name of the shipping company, port of sailing, port of destination, vessel's position, speed, drafts, colour of hull and colour and mark of funnel.  Such vessels shall take shelter at places designated.

Vessels requiring to take shelter or to lie at anchor temporarily at places other than any of those Chinese ports open to foreign trade shall, in addition to the above formalities, observe the following regulations:

(1) Reporting promptly to the nearest Harbour Superintendency Administration the time and position of anchoring and the time of departure;

(2) Fulfilling the requirements of local authorities concerned and submitting to their inspections, inquires and instructions; and

(3) No one to be allowed ashore and no cargo loaded or discharged without permission of local authorities concerned.

PART II Berthing

[Article 14] While berthing in port, vessels shall have on board a sufficient member of men to ensure safe manoeuvring, and, in case of emergency such as typhoon warning, etc., all hands shall return immediately aboard to take necessary precautions and urgent measures.

[Article 15] Gangways for access of crew members, passengers and other persons shall be properly secured and fitted with railing or manropes.  Rope ladders shall be safe and strong.  Sufficient illumination shall be available at night.

[Article 16] Vessels requiring to work propellers shall pay close attention to the surroundings at the stern, and shall only do so under the condition that the safety of other vessels and harbour installations has been ensured.

[Article 17] While berthing in port, all exhaust valves and discharge openings of the vessel which may give trouble to other vessels, harbour craft, the wharf or the access of persons shall be properly covered.

[Article 18] No light of any vessel shall be exhibited in such a manner as to impair the safe navigation of other vessels; strong lights directed at the fairway must be properly screened.

[Article 19] All vessels should be in safe and good working conditions for cargo operation as required.  All cargo handling equipments should be maintained in good working order and certificate of fitness should made available therefor.

[Article 20] Vessels shall apply in advance for and obtain permission from the Harbour Superintendency Administration before carrying out the following operations:

(1) Overhauling of any boiler, main-engine, windlass, steering gear or radio-station;

(2) Trial trip or engine-test;

(3) Lowering boat (raft) for life-saving drill;

(4) Welding (except for repairing in shipyard) or working with naked light on deck; or

(5) Decorating with colourful lights.

[Article 21] Vessels under fumigation shall take strict safety measures and exhibit appropriate signals prescribed by the Harbour Superintendency Administration.

[Article 22] In order to ensure the safety of the port and vessels, when ordered to shift berth or to sail ahead of or behind the schedule, vessels shall observe such orders as given by the Harbour Superintendency Administration.

PART III SIGNALS AND COMMUNICATIONS

[Article 23] Vessels navigating or berthing in Chinese port areas or coastal waters shall by day hoist the national flag of the country of registry.  On entering or leaving port or shifting berths, vessels shall in addition display signal-letters and relevant signals prescribed by the Harbour Superintendency Administration.

[Article 24] When entering or leaving port or at anchor, vessels shall pay close attention to the call and signals of the port signal-station.  When visual signals are used, the Regulations with respect to Coastal Port Signals issued by the Government of the People's Republic of China shall be complied with.  Where signals are not specified by Chinese coastal ports, the International Code of Signals shall be applicable.

[Article 25] Vessels shall not make sound signals at will within the port except when necessitated by safety of navigation.  Vessels requiring to test whistles shall make an advance report to the Harbour Superintendency Administration.

[Article 26] Vessels making use of their VHF radio-telephone in port shall comply with the Provisional Regulations Governing the Use of VHF Radio-telephone by Foreign Vessels issued by the Ministry of Communications of the People's Republic of China.

PART IV DANGEROUS CARGOES

[Article 27] Vessels carrying or handling dangerous cargoes shall exhibit the prescribed signals, comply with the regulations relating to the carriage of dangerous cargoes and take all necessary safety measures.  Cargoes of contradictory nature, in particular, must be separately stowed.  It is strictly forbidden to stow explosives with ignitable materials or inflammable cargoes in the same hold.

[Article 28] Vessels carrying grade I highly hazardous cargoes shall, 3 days prior to the ETA, apply to the Harbour Superintendency Administration through their port agent for endorsement, with their descriptive names, properties, packing, quantity, place of stowage stated in detail and a booklet of Description of Dangerous Materials attached, and shall not enter the port, discharge the cargoes or make transit unless permission has been obtained.  Such cargoes being: explosives, highly poisonous articles, radio-active substances, compressed gases, liquefied gases, oxidizing agents, substances liable to spontaneous combustion, substances which, in contact with water, emit inflammable gases, inflammable liquids, inflammable solids, acidic corrosives, etc.

Vessels intending to carry the above-mentioned hazardous cargoes for export shall, 3 days prior to the loading thereof, apply for endorsement and shall not load until permission has been obtained.

[Article 29] Vessels applying for Certificate of Safety Stowage of Export Dangerous Cargoes shall, 3 days prior to loading, submit a written application to the Harbour Superintendency Administration, stating, inter alia: descriptive names, properties, packing, quantity, place of stowage (accompanied by stowage plan), intermediate ports, port of destination, and shall load at the berths designated by the Harbour Superintendency Administration.

PART V FAIRWAY PROTECTION

[Article 30] Vessels under way shall comply with the rules of navigation and maintain traffic order.  In case of accidents involving the risk of sinking, a report shall immediately be made to the Harbour Superintendency Administration and all effective measures shall be taken to steer clear of the fairway to avoid impeding the traffic and endangering other vessels.  If the vessel is sunk, a temporary signal shall promptly be marked by the parties involved at the place of the wreck.

[Article 31] Salvage operations on shipwrecks or other objects in port areas or coastal waters shall be carried out in accordance with the Regulations Governing the Salvage of Shipwrecks or Sunken Objects issued by the Government of the People's Republic of China.  The Harbour Superintendency Administration may, as it thinks fit, notify the owners thereof to carry out salvage and clear the fairway within a specified time, or to arrange an immediate salvage to refloat or demolish the sunken vessel or object and to clear the fairway, with all responsibilities and expenses incurred borne by the owners concerned.

[Article 32] Where any sunken or floating object has been found by any vessel, a report thereon shall be made and the object salvaged handed over to the Harbour Superintendency Administration, whereupon, a reward may be given by the latter as appropriate.

[Article 33] Where any vessel wishes to dispose of any refuse such as garbage in port, it shall exhibit signals prescribed by the Harbour Superintendency Administration to request ash boats (cars).

[Article 34] Fairway installations and aids to navigation shall be well cared for.  Vessels causing damages thereto or to harbour constructions or other facilities shall report immediately to the Harbour Superintendency Administration and shall be held responsible for the restoration made or the expenses incurred.

PART VI PREVENTION OF POLLUTION

[Article 35] No vessel shall discharge oils, oily mixtures or other harmful pollutants or refuse within port areas and coastal waters of the People's Republic of China.

[Article 36] If any ballast water, tank washings or bilge water is to be discharged from any vessel, an application shall be made to the Harbour Superintendency Administration for approval.  Where a vessel has arrived from a plague-infested port, necessary sanitary treatment should been given by the Quarantine Authorities.  Dirty water and hold washings from holds where dangerous cargoes or harmful pollutants have been stowed shall only be discharged at the designated place after their having been tested by and to the satisfaction of the sanitation departments concerned.

[Article 37] Oil tankers and vessels with oil as fuel shall carry the Oil Record Book on board and make oppropriate entries as required.

[Article 38] Where a pollution has occurred within the port area or coastal waters, the vessel at fault shall have all relative particulars entered in the Oil Record Book and the Deck Log, and shall have the matter immediately reported to the Harbour Superintendency Administration.  Meanwhile, all effective measures shall be taken to prevent the oil from spreading.  Where any chemicals should be applied, an application together with a description of their composition; and properties shall be sent to the Harbour Superintendency Administration for approval.

[Article 39] Matters not provided for in this part shall be dealt with in accordance with the regulations relating to the prevention of pollution of marine environment issued by the Government of the People's Republic of China.

PART VII FIRE-FIGHTING AND SALVAGE

[Article 40] Smoking or making naked fire in the hold or elsewhere liable to cause fire hazard to the vessels is strictly prohibited.

[Article 41] Vessels bunkering oil or oil-tankers handling cargo oil shall take strict fire prevention measures for safety.

[Article 42] While welding in port, vessels shall clean up surroundings beforehand, take strict precautionary measures, be provided with fire-fighting apparatus and examine the worksite before and after the operation.  No welding can be done inside or near oil compartments, unless and until all the oil has been emptied, oil residues cleared out, the compartments sufficiently ventilated, the inflammable gases expelled, and a certificate of fitness obtained.

[Article 43] Should any vessel be involved in a fire hazard or marine casualties, an immediate report shall be made to the Harbour Superintendency Administration.  Such report must contain ship's position, tonnage, drafts, cargo on board, damages suffered and assistance required.

[Article 44] Where necessary, the Harbour Superintendency Administration may order and direct any vessel in port or in coastal waters to rescue the vessel in distress.  The vessel so ordered and directed is obliged to do its utmost to render every possible assistance as long as its own safety will not be endangered.

[Article 45] As soon as the officers from the Harbour Superintendency Administration or the salvage departments concerned have arrived, the master of the vessel in distress shall report the accident occurred and measures taken so far, provide all information and facilities required and make suggestions with regard to the salvage as appropriate.  All decisions taken by the Harbour Superintendency Administration for maintaining safety and order shall be complied with by all parties concerned.

PART VIII MARINE ACCIDENTS

[Article 46] Should any vessel be involved in marine accident, the master shall give the Harbour Superintendency Administration a summarized report by telegram or radio-telephone soonest possible.  In case the accident has occurred outside of port areas, the master shall, within 48 hours of the vessel's arrival at the first port of call, submit a marine accident report to the Harbour Superintendency Administration.  Such report shall be submitted within 24 hours of the accident if the same has happened in port.

[Article 47] Should any vessel be involved in marine accident causing death of or injury to persons or damages to properties in port areas or coastal waters of the People's Republic of China, the master of the vessel at fault shall render every possible assistance to the ship and person in distress, make timely report to the Harbour Septerintendency Administration and be prepared for investigation and settlement.  Should the party at fault refrain from rendering any assistance in spite of the imminent danger or flee into hiding, severe punishment will be imposed.

[Article 48] Should death happen to any person on board, an immediate report thereof shall be sent to the Harbour Superintendency Administration.  Where any damage or death has caused to the port or its persons through the fault of the ship, or vice versa, the spot should be kept untouched and timely reports should be given to the Harbour Superintendency Administration by both parties.  In case of dispute, either party may resort to the Harbour Superintendency Administration for investigation and settlement.  Matters involving penal proceedings shall be dealt with by judicial organs of the People's Republic of China.

[Article 49] Matters not provided for in this part shall be dealt with in accordance with the Regulations Governing Investigation and Settlement of Marine Accidents promulgated by the Ministry of Communications of the People's Republic of China.

PART IX PENALTIES FOR VIOLATION OF REGULATIONS

[Article 50] Vessels violating these Regulations and all relevant laws, statutes and rules issued by the Government of the People's Republic of China shall, according to the seriousness of the case, be warned or fined by the Harbour Superintendency Administration.  All offences of vicious or serious nature shall be handed over to the judicial organs.

[Article 51] Any offender not yielding to the conclusions made by the Harbour Superintendency Administration may, within 15 days of the receipt thereof, appeal to the Bureau of Harbour Superintendency of the People's Republic of China.  The above said conclusions, however, shall remain valid before its being modified.

PART X SUPPLEMENTARY PROVISIONS

[Article 52] Matters concerning prevention of collisions not provided for in these Regulations and relevant rules and regulations issued by the Government of the People's Republic of China shall be dealt with in accordance with the International Regulations for Preventing Collisions at Sea accepted by the Government of the People's Republic of China.

[Article 53] These Regulations shall become effective upon the approval by the State Council of the People's Republic of China.  The Regulations Governing Entry and Departure of Foreign Vessels Into and From Ports of the People's Republic of China promulgated by the Ministry of Communications of the People's Republic of China on March 12, 1957 shall at the same time be repealed.