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REGULATIONS GOVERNING THE REGISTRATION OF SHIPS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In force
Date of Promulgation  1994-06-02 Effective Date  1995-01-01  

Regulations of the People's Republic of China Governing the Registration of Ships



Chapter I  General Provisions
Chapter II  Registration of Ownership of Ships
Chapter III  Nationality of Ships
Chapter IV  Registration of Ship Mortgage
Chapter V  Registration of Bareboat Charter
Chapter VI  Ship's Mark and Company Flag
Chapter VII  Alteration and Deletion of Registration
Chapter VIII  Renewal and Re-issue of Certificate of Registration of
Chapter IX  Legal Liability
Chapter X  Supplementary Provisions

(Promulgated by Decree No.155 of the State Council of the People's

Republic of China on June 2, 1994, and effective as of January 1, 1995)
Chapter I  General Provisions

    Article 1  These Regulations are enacted with a view to strengthening the
supervision and control over ships by the State, and safeguarding the
legitimate rights and interests of the parties involved in the registration of
ships.

    Article 2  The following ships shall be registered in accordance with the
provisions of these Regulations:

    (1) Ships owned by citizens of the People's Republic of China whose
residences or principal places of business are located within the territory
thereof;

    (2) Ships owned by enterprises with legal person status established under
the laws of the People's Republic of China and whose principal places of
business are located within the territory thereof, provided that foreign
investment is involved, the proportion of registered capital contributed by
Chinese investors shall not be less than 50 per cent;

    (3) Service ships of the Government of the people's Republic of China and
ships owned by institutions with legal person status;

    (4) Other ships whose registration is deemed neccessary by the competent
authority of harbour superintendency of the People's Republic of China.

    Military ships, fishery ships and sports craft shall be registered in
compliance with the provisions of the relevant laws and regulations.

    Article 3  Sailing ships are allowed to fly the national flag of the
People's Republic of China after being registered and granted the nationality
of the People's Republic of China. No ship may fly the national flag of the
People's Republic of China without being registered during navigation.

    Article 4  A ship shall not have dual nationality. A ship registered
abroad shall not be granted the Chinese nationality unless its former
registration of nationality has already been suspended or deleted.

    Article 5  The acquisition, transference or extinction of the ownership of
a ship shall be registered at the Ship Registration Administration; no
acquisition, transference or extinction of the ship's ownership shall act
against a third party unless registered.

    Where a ship is jointly owned by two or more legal persons or individuals,
the joint ownership thereof shall be registered at the Ship Registration
Administration. The joint ownership of the ship shall not act against a third
party unless registered.

    Article 6  The establishment, transference or extinction of ship mortgage
or bareboat chartering shall be registered at the Ship Registration
Administration. No mortgage or bareboat chartering shall act against a third
party unless registered.

    Article 7  Ships of Chinese nationality shall be manned by Chinese
citizens. In case it is neccessary to recruit foreign seafarers, their
employment shall be approved by the competent authority of transport and
communications under the State Council.

    Seafarers on board ships of Chinese nationality who are required to
possess certificates of competency shall hold the appropriate certificates of
competency issued by the People's Republic of China.

    Article 8  The Harbour Superintendency Administration of the People's
Republic of China is the competent authority in charge of registration of
ships.

    The Harbour Superintendency Administrations at various ports are the
proper agencies conducting the registration of ships (hereinafter referred to
as the Ship Registration Administration). The scope of authority thereof shall
be defined by the Harbour Superintendency Administration of the People's
Republic of China.

    Article 9  The port where a ship is registered shall be the port of
registry of the ship.

    The owner of a ship may choose a port closer to his residence or his
principal place of business as the port of registry, but he is not allowed to
choose two or more ports as the port of registry.

    Article 10  Each ship shall have only one name.

    The name of a ship shall be checked and approved by the Ship Registration
Administration at its port of registry. A ship's name shall not be the same as
any of those that have already been registered, neither in wording nor in
pronunciation.

    Article 11  The Ship Registration Administration shall establish a
Register of Ships.

    The Register of Ships shall be accessible to those having an interest
therein.

    Article 12  With respect to a State-owned ship operated by an enterprise
owned by the whole people having a legal perpon status granted by the state,
the provisions of these Regulations concerning the shipowner shall be
applicable to that legal person.
Chapter II  Registration of Ownership of Ships

    Article 13  A shipowner applying for registration of the ownership of a
ship shall produce to the Ship Registration Administration at the port of
registry the documents evidencing his legal status, and submit the originals
and/or copies of the documents evidencing his ownership over the ship and the
technical information thereof.

    For the registration of ownership of a ship purchased, the following
documents shall be submitted:

    (1) Seller's invoice, sales contract and delivery document;

    (2) Document issued by the ship registration authority at the original
port of registry certifying the deletion of the ownership;

    (3) Document evidencing that the ship is not under mortgage or that the
mortgagees agree to the transference of the mortgaged ship.

    For the registration of ownership of a newly-built ship, the contract of
ship construction and the delivery document shall be submitted. For the
registration of ownership of a ship under construction, the contract of ship
construction shall be submitted. For the registration of ownership of a ship
built by oneself for one's own use, a document evidencing the procurement of
ownership shall be submitted.

    For the registration of ownership of a ship procured through heritage,
presentation, auction under legal process, or court judgement, a document with
appropriate legal effect evidencing the ship's ownership shall be submitted.

    Article 14  The Ship Registration Administration, having examined and
verified the application for registration of ownership, shall issue to the
shipowner whose application meets the requirements of these Regulations the
Certificate of Registration of Ship's Ownership within 7 days after the date
of receipt of the application, whereupon an official registration number shall
be granted to the registered ship and the following particulars shall be
recorded in the Register of Ships:

    (1) Ship's name and its call sign;

    (2) Port of registry, official registration number and identification mark
of the ship;

    (3) Name and address of the shipowner and name of his legal representative;

    (4) Way in which the ship's ownership was procured and the date of
procurement;

    (5) Date on which the ship's ownership was registered;

    (6) Name of ship builder, and time and place of building;

    (7) Value of the ship, material of ship's hull and ship's main technical
information;

    (8) Original name and port of registry of the ship and the date of deletion
or suspension of its original registration;

    (9) Information about joint ownership if the ship is owned by two or more
owners;

    (10) Name and address of bareboat charterer or ship operator, and name of
his legal representative, if the shipowner is not the one who operates or
actually controls the ship;

    (11) Information about the establishment of mortgage, if any.

    The Ship Registration Administration shall inform the shipowner in writing
of any non-compliance of his application with these Regulations within 7 days
after the date of receipt of the application.
Chapter III  Nationality of Ships

    Article 15  A shipowner applying for the nationality of a ship shall, in
addition to the Certificate of Registration of Ship's Ownership, submit the
following documents according to the ship's navigation zone:

    (1) For ships engaged in international voyages, the valid technical
documents of the ship issued by an authorized organization for survey of
ships in accordance with the type of the ship:

    (a) Tonnage Measurement Certificate;

    (b) Loadline Certificate;

    (c) Cargo Ship Safety Construction Certificate;

    (d) Cargo Ship Safety Equipment Certificate;

    (e) Passenger Quota Certificate;

    (f) Passenger Ship Safety Certificate;

    (g) Cargo Ship Safety Radiotelegraphy Certificate;

    (h) International Oil Pollution Prevention Certificate;

    (i) Ship Safety Navigation Certificate;

    (j) Other relevant technical certificates.

    (2) For a ship engaged in domestic voyages, the ship survey book issued by
an authorized organization for survey of ships and other valid technical
certificates according to the type of the ship.

    A shipowner applying for the Chinese nationality of a ship of foreign
nationality purchased abroad which still has the foreign nationality, shall
submit a certificate issued by the original ship registration authority at the
former port of registry to the effect that the former nationality has been
deleted or that the former nationality will be immediately deleted at such
time as the new registration is effected.

    The Ship Registration Administration shall issue a Certificate of Ship's
Nationality to the ship whose application has been examined and approved to be
in compliance with these Regulations.

    Article 16  Subject to its approval, the Ship Registration Administration
shall issue the Certificate of Ship's Nationality to a ship registered under
Article 13 of these Regulations. The validity period of the Certificate of
Ship's Nationality shall be 5 years.

    Article 17  For a ship newly built in this country and sold overseas, the
shipowner shall apply to the Ship Registration Administration at the place of
construction for a Provisional Certificate of Ship's Nationality by submitting
the document evidencing the ownership of the ship, and the valid technical
certificate thereof.

    For a newly-built ship purchased from overseas, the shipowner shall apply
to the local Embassy or Consulate of the People's Republic of China for a
Provisional Certificate of Ship's Nationality by submitting the document
evidencing the ownership of the ship and its valid technical certificates.

    For a ship built in a place of this country other than its intended port
of registry, the shipowner who needs a Provisional Certificate of Ship's
Nationality, shall apply to the Ship Registration Administration at the place
of ship building for the certificate by submitting the contract of ship
construction, the delivery document and its valid technical certificates.

    For a ship built overseas, the shipowner shall apply to the local Embassy
or Consulate of the People's Republic of China for a Provisional Certificate
of Ship's Nationality by submitting the contract of ship construction, the
delivery document and the valid technical certificates of the ship.

    For a ship bareboat chartered overseas, the bareboat charterer shall apply
to the Ship Registration Administration for a Provisional Certificate of
Ship's Nationality by submitting the bareboat charter party and the
certificate issued by the ship registration authority at the former port of
registry to the effect that the former nationality of the ship has been
suspended or deleted, or that the former nationality of the ship will be
suspended or deleted immediately at such time as the new registration is
effected.

    The Ship Registration Administration or the local Embassy or Consulate of
the People's Republic of China, having examined and verified that the
application is in compliance with these Regulations, shall issue a Provisional
Certificate of Ship's Nationality to the ship.

    Article 18  The validity period of a Provisional Certificate of Ship's
Nationality shall generally not exceed 1 year.

    For a ship which is bareboat chartered overseas, the validity period of
the Provisional Certificate of Ship's Nationality can be determined according
to the charter period, but shall not exceed 2 years. Where the charter period
exceed 2 years, the charterer shall, within the period of validity, apply to
the Ship Registration Administration at ship's port of registry for the
renewal of its Provisional Certificate of Ship's Nationality.

    Article 19  The Provisional Certificate of Ship's Nationality shall have
the same legal effect as the Certificate of Ship's Nationality.
Chapter IV  Registration of Ship Mortgage

    Article 20  Where mortgage is established with respect to a ship of 20
tons gross tonnage or over, the mortgagee and the mortgagor shall apply to the
Ship Registration Administration at the ship's port of registry for the
registration of ship mortgage by submitting the following documents:

    (1) Written application signed by both mortgagee and mortgagor;

    (2) Certificate of Ship's Ownership or contract of ship construction;

    (3) Contract of ship mortgage.

    If there are other mortgages established on the ship, the relevant
certificates shall be submitted.

    Where mortgage is established on a jointly-owned ship, the joint owners
shall, in addition, submit a document evidencing the agreement by the joint
owners holding more than two-thirds or contracted proportion of shares thereof.

    Article 21  After the application has been examined and verified to be in
compliance with these Regulations, the Ship Registration Administration shall,
within 7 days after the date of receipt of the application, record matters
regarding the mortgagee, the mortgagor and the ship as well as the date of
mortgage registration in the register of ships and the Certificate of Ship's
Ownership, and issue the Certificate of Registration of Ship Mortgage to the
mortgagee.

    Article 22  The registration of ship mortgage shall specify the following
items:

    (1) Name and address of mortgagee and name and address of mortgagor;

    (2) Name and nationality of the mortgaged ship, the number of the
Certificate of Registration of Ship's Ownership and the title of the
administration that issued the certificate;

    (3) Amount of debt secured, interest rate and payoff period.    

    The Ship Registration Administration should make the information about the
registration of ship mortgage available to the public.

    Article 23  In case of mortgage transference, the mortgagee and the
transferee shall apply to the Ship Registration Administration at the ship's
port of registry for registration of the mortgage transference by submitting
the contract of ship mortgage transference.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration shall record the transferee as the mortgagee in the register of
ships and in the Certificate of Registration of Ship's Ownership, issue to the
transferee a Certificate of Registration of Ship's Mortgage, and seal up the
former Certificate of Registration of Ship's Mortgage.

    The mortgagee shall notify the mortgagor of the mortgage transference
prior to its registration thereof.

    Article 24  Where two or more mortgages are established on the same ship,
the Ship Registration Administration shall make the registration in sequence
of the dates on which the applications were registered, and indicate the dates
of registration in the Register of Ships.

    The date on which the application is registered shall be the date of
registration. In case two or more applications are made on the same day, the
dates of registration shall be the same.
Chapter V  Registration of Bareboat Charter

    Article 25  In any of the following cases, the shipowner and the charterer
shall apply for the registration of bareboat charter:

    (1) A ship of Chinese nationality bareboat chartered to a Chinese
enterprise;

    (2) A ship of foreign nationality bareboat chartered to a Chinese
enterprise;

    (3) A ship of Chinese nationality bareboat chartered overseas.

    Article 26  Where a ship is chartered within the territory of this
country, the shipowner and the charterer shall, prior to the commencement of
the charter, apply to the Ship Registration Administration at the ship's port
of registry for the registration of the bareboat charter by submitting the
Certificate of Registration of Ship's Ownership, the Certificate of Ship's
Nationality and the text and the copy of the bareboat charter party.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration at the port of registry shall record the main points of the
bareboat charter in the Certificate of Registration of Ship's Ownership and
the Register of Ships respectively, and issue the Certificate of Registration
of Bareboat Charter to the shipowner and the charterer.

    Article 27  Where a ship is bareboat chartered overseas, the shipowner
shall apply to the Ship Registration Administration at the port of registry
for registration of the bareboat charter by submitting the documents specified
in Article 26 of these Regulations.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration shall suspend or delete the nationality of the ship in
accordance with Article 42 of these Regulations and issue to the applicant the
Certificate of Registration of Bareboat Charter in duplicate.

    Article 28  Where a ship is bareboat chartered from overseas, the
charterer shall choose the port of registry for the ship according to Article
9 of these Regulations and apply, prior to the commencement of the charter, to
the Ship Registration Administration for registration of the bareboat charter
by submitting the following documents:

    (1) The text and copy of the bareboat charter party;

    (2) Ship's valid technical certificates issued by an authorized
organization for ship survey;

    (3) A certificate issued by the ship registration authority of the former
port of registry to the effect that the former nationality of the ship has
been suspended or deleted, or that the former nationality of the ship will be
suspended or deleted immediately when the new registration is effected.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration shall issue the Certificate of Registration of Bareboat Charter
and the Provisional Certificate of Ship's Nationality in accordance with
Article 17 of these Regulations, and record the original country of
registration in the Register of Ships.

    Article 29  In case the bareboat charter period is to be extended, the
shipowner and the charterer shall, 15 days prior to the expiration of the
charter period, apply to the Ship Registration Administration for the renewal
of the bareboat charter registration by submitting texts and copies of the
Certificate of Registration of Bareboat Charter and the contract for extension.

    Article 30  During the period of the bareboat charter, the charterer shall
not apply for the registration of subletting the charter unless agreed by the
shipowner in writing.
Chapter VI  Ship's Mark and Company Flag

    Article 31  A ship shall be marked as follows:

    (1) Ship's name in Chinese on both sides of the stem and at the stern;

    (2) Port of registry below the name at the stern;

    (3) The corresponding Chinese phonetic alphabets below the ship's name and
port of registry;

    (4) Draft scale on both sides of the stem and at the stern;

    (5) Loadline mark at midship, both sides.

    Where a ship being constrained by its type and size is unable to be marked
as above, it shall be marked with its name and port of registry at an
easily-seen position.

    Article 32  A shipowner may apply to the Ship Registration Administration
at the port of registry for registration of the ship's funnel mark and its
company flag by submitting the drawings of the standard design in compliance
with the stipulations.

    Article 33  Ships belonging to one company shall only use the same funnel
mark and the same company flag.

    The funnel mark and the company flag of a company shall be examined by the
Ship Registration Administration at the port of registry.

    The funnel mark and the company flag of a company shall not be the same as
or similar to those which have been registered previously.

    Article 34  The Ship Registration Administration shall publicize the
funnel mark and company flags which have been approved and registered.

    The registered funnel mark and company flags shall be used exclusively by
the applicant and shall not be used by other ships or companies.
Chapter VII  Alteration and Deletion of Registration

    Artlcle 35  In case of any alteration to the entries of the ship
registration, the shipowner shall apply to the Ship Registration
Administration at the port of registry for the registration of alteration by
submitting the relevant documents of ship registration and those evidencing
such alteration.

    Article 36  In case a ship's port of registry is to be changed, the
shipowner shall apply to the Ship Registration Administration at the former
port of registry for registration of the change by submitting the ship's
Certificate of Nationality and the document evidencing such a change. After
the application has been examined and verified to be in compliance with the
requirements of these Regulations, the Ship Registration Administration at the
former port of registry shall indicate the change in the column of
"Alteration" in the Certificate of Ship's Nationality and deliver the entire
file of the ship's registration to the Ship Registration Administration at the
new port of registry where the shipowner shall apply again for new
registration thereof.

    Article 37  In case of any change of joint ownership, the shipowners shall
apply to the Ship Registration Administration at the port of registry for
registration of the change by submitting the Certificate of Registration of
Ship's Ownership and the document evidencing such change.

    Article 38  In case the contract of ship's mortgage is changed, the
mortgagee and the mortgagor shall apply to the Ship Registration
Administration for registration of such a change by submitting the Certificate
of Registration of Ship's Ownership, the Certificate of Registration of Ship's
Mortgage and the document evidencing such change.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration at the port of registry shall indicate the change of the
mortgage contract in the Certificate of Registration of Ship's Ownership, the
Certificate of Registration of Ship's Mortgage and the Registry of Ships.

    Article 39  In case of transference of ship's ownership, the former
shipowner shall apply to the Ship Registration Administration at the port of
registry for the registration of deletion by submitting the Certificate of
Ship's Ownership, Certificate of Ship's Nationality and other relevant
documents.

    After the application has been examined and verified to be in compliance
with the requirements of these Regulations, the Ship Registration
Administration at the port of registry shall delete the registration regarding
ship's ownership and other relevant registrations in the Register of Ships,
withdraw the certificates of registration concerned, and issue a certificate
of deletion of ship's registration to the shipowner. If the ship is sold
overseas, the Ship Registration Administration shall issue a certificate to
the effect that the ship's nationality has been deleted, or that the ship's
nationality will be deleted immediately when the ship is registered anew.

    Article 40  In case a ship is lost (dismantled or sunken included) or
missing, the shipowner shall, within 3 months after the ship is lost
(dismantled or sunken) or missing, apply to the Ship Registration
Administration at the port of registry for the registration of deletion by
submitting the Certificate of Registration of Ship's Ownership, Certificate of
Ship's Nationality and the document evidencing that the ship has been lost
(dismantled or sunken) or missing. After the application has been examined and
verified to be in compliance with the requirements of these Regulations, the
Ship Registration Administration shall delete the ship's registration in the
Register of Ships, withdraw the certificates of registrations concerned, and
issue a certificate of deletion to the shipowner.

    Article 41  In case a contract of mortgage is terminated, the mortgagee
and the mortgagor shall apply to the Ship Registration Administration at the
port of registry for the registration of deletion by submitting the
Certificate of Registration of Ship's Ownership, Certificate of Registration
of Ship's Mortgage and the document signed by the mortgagee evidencing the
termination of the mortgage contract. After the application has been examined
and verified to be in compliance with the requirements of these Regulations,
the Ship Registration Administration at the port of registry shall delete the
registrations of the ship's mortgage in the Certificate of Ship's Ownership
and the Register of Ships.

    Article 42  In case a ship is bareboat chartered overseas, the shipowner
shall, in addition to applying for registration of bareboat charter in
accordance with Article 27 of these Regulations, apply for registration of
suspension or deletion of the ship's nationality. The Ship Registration
Administration at the port of registry shall seal up the original Certificate
of Ship's Nationality and issue a certificate of suspension or deletion of the
ship's nationality. Under some special circumstances, the Ship Registration
Administration may issue a certificate to the effect that the ship's
nationality will be suspended or deleted immediately at such time as the ship
is registered anew.

    Article 43  Upon the expiration of a bareboat charter party or the
termination thereof, the shipowner shall, within 15 days after the date of
such expiration or termination, apply to the Ship Registration Administration
at the port of registry for registration of deletion of the bareboat charter
by submitting the Certificate of Registration of Ship's Ownership and the
bareboat charter party or the document evidencing such termination.

    If the ship is bareboat chartered overseas, the shipowner shall, in
addition, submit a certificate issued by the ship registration authority at
the charterer's place of business to the effect that the ship's nationality
has been deleted or that the ship's nationality will be deleted immediatly at
such time as the ship is registered anew.

    The Ship Registration Administration at the port of registry, having
approved of the application, shall delete the registration of bareboat charter
in the Certificate of Registration of Ship's Ownership and the Register of
Ships, and return to the shipowner the original Certificate of Ship's
Nationality.

    Article 44  In case a ship is bareboat chartered, the charterer shall,
within 15 days after the expiration or termination of the bareboat charter,
apply to the Ship Registration Administration at the port of registry for
registration of deletion by submitting the bareboat charter party or the
document evidencing such termination.

    If the ship is bareboat chartered from overseas, the Provisional
Certificate of Nationality shall be submitted as well.

    The Ship Registration Administration at the port of registry, having
approved of the application, shall delete the ship's registration of bareboat
charter in the Register of Ship, withdraw the Provisional Certificate of
Nationality, and issue a certificate of deletion of the bareboat charter and a
certificate of deletion of the Provisional Certificate of the Ship's
Nationality.
Chapter VIII  Renewal and Re-issue of Certificate of Registration of
Ship's Ownership and Certificate of Ship's Nationality

    Article 45  The shipowner of a ship shall, within 1 year prior to the
expiration of the Certificate of Ship's Nationality, apply to the Ship
Registration Administration at the port of registry for the renewal of the
certificate by submitting the Certificate of Ship's Nationality and the valid
technical certificates.

    Article 46  In case the Certificate of Registration of Ship's Ownership or
the Certificate of Ship's Nationality of a ship is fouled, damaged or rendered
useless, the shipowner shall apply to the Ship Registration Administration at
the port of registry for the re-issue of the certificate.

    Article 47  In case the Certificate of Registration of Ship's Ownership or
the Certificate of Ship's Nationality of a ship is lost, the shipowner shall
apply to the Ship Registration Administration at the port of registry for the
re-issue of the certificate by stating the reasons in writing and submitting
the appropriate document as evidence.

    The Ship Registration Administration at the port of registry shall make an
announcement in the local newspaper that the lost certificate is null and void.

    Article 48  In case the Certificate of Ship's Nationality is found lost,
fouled or damaged in a foreign country, the shipowner shall apply to the local
Embassy or Consulate of the People's Republic of China for a Provisional
Certificate of Ship's Nationality, but shall, as soon as the ship arrives at
the first Chinese port, apply to the Ship Registration Administration at the
port of registry for the re-issue of the Certificate of Ship's Nationality.
Chapter IX  Legal Liability

    Article 49   A ship that forges the nationality of the People's Republic
of China and illegally flies the flag of the People's Republic of China during
navigation shall be confiscated by the Ship Registration Administration
according to relevant laws.

    The provisions of the above paragraph shall be applicable to a Chinese
ship that forges a foreign nationality and illegally flies the flag of a
foreign country during navigation.

    Article 50  In case a ship conceals its registration made at home or
overseas which results in dual nationality, the Ship Registration
Administration at the port of registry shall delete the Certificate of Ship's
Nationality and impose the following penalties varying from defferent case:

    (1) A fine of RMB 2000.00 up to RMB 10000.00 yuan for a ship of 500 tons
gross tonnage or below;

    (2) A fine of RMB 10000.00 up to RMB 50000.00 yuan for a ship of 501--1000
tons gross tonnage;

    (3) A fine of RMB 50000.00 up to 200000.00 yuan for a ship of 10001 tons
gross tonnage or above.

    Article 51  The Ship Registration Administration at the port of registry
shall, according to the seriousness of the case, punish any of the following
violations against these Regulations by giving a warning, and imposing a fine
of 50% of the amounts specified for ships of different gross tonnage as set
out in Article 50, or withdrawing the ship's registration certificates:

    (1) Concealing the real facts and providing false information for
registration;

    (2) Concealing the fact of registration and resulting in dual registration;

    (3) Forging or making alteration to certificates of ship's registration.

    Article 52  The Ship Registration Administration shall order those who
fail to apply for the alteration or deletion of registration under these
Regulations or those who use expired certificates of nationality and
provisional certificate of nationality to go through the formalities for the
registration concerned, and if the case is serious, may impose a fine of 10%
of the amounts specified for ships of different tonnage as set out in Article
50 of these Regulations.

    Article 53  The Ship Registration Administration at the port of registry
shall order those who violate these Regulations by employing foreign seafarers
without authorization or using a funnel mark or company flag already
registered by others to rectify, and shall impose a fine of 10% of the amounts
specified for ships of different gross tonnage as set out in Article 50 of
these Regulations against those who refuse to rectify, and, if the case is
serious, shall withdraw the Certificate of Ship's Nationality or the
Provisional Certificate of Ship's Nationality.

    Article 54  Any of those working in the Ship Registration Administration
who abuses his power, practises graft, ignores his duty, or grossly neglects
his responsibilities shall be punished by the Administration; if the case is
so serious that a crime is committed, the criminal liability shall be
inflicted upon the offender in accordance with the law.

    Article 55  A person or party concerned who refuses to accept the actions
taken by the Ship Registration Administration may apply for a review of the
case or bring the case before the court in accordance with the provisions of
relevant laws or administrative regulations.
Chapter X  Supplementary Provisions

    Article 56  For the purpose of these Regulations:

    (1) "Ship" means any self-propelled or non-self-propelled vessel and any
other mobile unit on water with the exception of life boats and life rafts
equipped on board ships and boats or rafts of less than 5 meters in length;

    (2) "Fishery ship" means any vessel engaged in fishing or any vessel
belonging to the fishing industry and serving the purpose of fishery;

    (3) "Service ship" means any vessel serving the administrative purposes of
the Government.

    Article 57  With the exception of service ships, ship registration fees
shall be levied by the Ship Registration Administration in accordance with the
relevant rules. The fee levels and management rules concerning the levy of
ship registration fees shall be formulated by the financial department and the
department in charge of commodity prices under the State Council in
consultation with the competent authority of transport and communications
under the State Council.

    Article 58  The forms of the Register of Ships, the Certificate of Ship's
Nationality, the Provisional Certificate of Ship's Nationality, the
Certificate of Registration of Ship's Ownership, the Certificate of
Registration of Ship's Mortgage, the Certificate of Registration of Bareboat
Charter, the applications and other certificates shall be solely formulated by
the Harbour Superintendency Administration of the People's Republic of China.

    Article 59  These Regulations shall enter into force on January 1, 1995.



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