Laws of the People's Republic of China

Contents

Chapter I General Provisions

Chapter II Security Control in Civil Airport

Chapter III Security of Civil Aviation Operation

Chapter IV Security Inspection

Chapter V Penalty Provisions

Chapter VI Appendix

Chapter I General ProvisionsArticle 1

These Regulations are formulated for the purpose of safeguarding civilaviation activities against acts of unlawful interference, maintaining theorder of civil aviation and ensuring the safety of civil aviation.Article 2

These Regulations are applicable to all civil aviation activities andto the units and individuals related to civil aviation activities in theterritory of the People's Republic of China.

These Regulations are applicable to civil aircraft possessing thenationality of the People's Republic of China engaged in civil aviationactivities outside the territory of the People's Republic of China; unlessit is otherwise provided in international treaties concluded orparticipated in by the People's Republic of China.Article 3

Centralized management and division of responsibility shall beexercised in the work of civil aviation security.

The civil aviation public security department shall be responsible forthe centralized management, inspection and supervision of the work ofcivil aviation security.Article 4

The local governments and civil aviation units concerned shallco-operate closely and safeguard civil aviation safety commonly.Article 5

Passengers, consignors, consignees and other persons entering anairport shall comply with the laws and regulations stipulated for civilaviation safety control.Article 6

A civil airport operator and a civil aircraft operator shall fulfillthe following duties:

(1) Establish a civil aviation security programme of his own unit andreport to the competent civil aviation authorities under the State Councilfor the record;

(2) Implement strictly the civil aviation security measures concerned;

(3) Carry out periodically civil aviation security training, andremove in time hidden dangers to the safety of civil aviation.

A foreign civil aviation enterprise operating air services to thePeople's Republic of China shall submit its civil aviation securityprogramme to the competent civil aviation authorities under the StateCouncil.Article 7

A citizen has the right to report to the civil aviation publicsecurity institute any premeditated seizure or destruction of civilaviation aircraft or any other acts that endanger civil aviation safety.Article 8

Reward shall be given by the people's government concerned or by thecompetent civil aviation authorities under the State Council to a unit oran individual making outstanding contributions to safeguarding civilaviation safety.

Chapter II Security Control in Civil AirportArticle 9

The construction, modification or extension of civil airport(including the civil part in those airports joint-used by military andcivil units) shall conform to the stipulations governing the constructionof civil airport security facilities of the competent civil aviationauthorities under the State Council.Article 10

A civil airport shall be opened for use if it satisfies the securityconditions listed below:

(1) It has established an airport controlled area and is provided withfull-time security personnel;

(2) It has established protective fence and patrol passages up tostandard;

(3) It has established a security unit and is provided withcorresponding personnel and equipment;

(4) It has established a security facilities and is provided with thepersonnel and check-up equipments corresponding to the traffic volume ofthe airport;

(5) It has established a full-time fire-fighting organization and isprovided with personnel and equipment in accordance with the fire-fightinggrade of the airport;

(6) It has established a contingency plan and is provided withnecessary contingency rescue equipment.Article 11

The airpot controlled zone shall be divided, in accordance withsecurity requirements, into departure sterile area, baggage sortingloading and unloading area, aircraft movement area, maintenance area andcargo storage area, etc. Security protection facilities and distinct signsshall be set up respectively.Article 12

Strict security measures shall be established for the airportcontrolled area, and the area shall be of a closed type and controlledseparately. The specific method of control shall be formulated by thecompetent civil aviation authorities under the State Council.Article 13

All personnel and vehicles, while entering the airport controlledarea, must bear the airport controlled area pass and be subject to theinspection of security personnel.

Airport controlled area pass shall be made, issued and controlled bythe civil aviation public security unit in accordance with the regulationsconcerned of the competent civil aviation authorities under the StateCouncil.Article 14

In the aircraft movement area and the maintenance area, personnel andvehicles must follow the stipulated way. Vehicles and equipments must beparked in designated positions. All personnel and vehicles must make wayfor aircraft.Article 15

The civil aircraft parked in an airport must be guarded by speciallyassigned persons; the departments concerned and their working personnelmust strictly implement aircraft handing over and taking over procedure.Article 16

The following acts are prohibited in an airport:

(1) Climbing up and over (penetrate) or damage airport protectivefence and other security protection facilities;

(2) Hunting, herding, sunning grain or train vehicle driver in airportcontrolled zone;

(3) Entering airport controlled area without airport pass;

(4) Crossing aircraft runway or taxiway at will;

(5) Forcibly boarding or occupying an aircraft;

(6) Making a false report on dangerous situation and creatingconfusion;

(7) Any other acts disturbing the order in airport.

Chapter III Security of Civil Aviation OperationArticle 17

The carrier and its agent, in selling passenger ticket, must complywith the regulations concerned of the competent civil aviation authoritiesunder the State Council; no passenger ticket shall be sold if notconforming to regulations.Article 18

The carrier, in performing the formalities for transportation, mustcheck up passengers and baggage in the aircraft.Article 19

The carrier must check the number of passengers when they board theaircraft.

The baggage of the passengers already checked in but failed to boardthe aircraft shall not be loaded or retained in the aircraft.

If a passenger gets off the aircraft midway, his baggage must beunloaded.Article 20

The carrier must assign special persons to supervise the baggage andcargo during the storage period on ground and transportation period.Article 21

The unit which prepares the supplies and loads them must ensure thesafety of such supplies loaded into the aircraft.Article 22

The work of security of an aircraft in flight shall be the unifiedresponsibility of the pilot-in-command.

The aviation security officer shall undertake the concrete work ofsecurity under the leadership of the pilot-in-command.

The pilot-in-command, aviation security officer and other crew membersshall strictly fulfill their duties and protect the safety of the civilaircraft and of the persons and property carried therein.Article 23

The pilot-in-command, in performing his duties, may exercise thefollowing powers:

(1) Before the aircraft takes off he may refuse to take off if hediscovers that the party concerned failed to take the security measuresprescribed in the Regulations for the aircraft;

(2) During the flight he may take necessary measures of restraintagainst a person who disturbs the order in the aircraft, interferes withthe normal work of crew members and disregards any warning;

(3) During the flight he may take necessary measures against theseizure or destruction of the aircraft or any other acts harmful toaviation safety;

(4) During the flight he can make the final decision regarding thedisposal of the aircraft in case of extraordinary circumstances.Article 24

The following acts interfering with the order of civil aviationoperation are prohibited:

(1) Scalp the certificate for purchasing ticket, passenger ticket andthe effective reservation certificate of air transport enterprise;

(2) Purchase ticket and go aboard an aircraft by using the identitycard of another person;

(3) Taking advantage of the passenger ticket to check or bring alongthe baggage not belonging to the passenger himself.

(4) Load into the aircraft articles which have not gone throughsecurity inspection or for which no other security measures have beentaken.Article 25

The following acts are prohibited in an aircraft:

(1) Smoke in no smoking area;

(2) Race to occupy seat or baggage compartment (rack);

(3) Fight, get drunk, or pick a quarrel and make trouble;

(4) Steal, damage deliberately or move without authorizationlifesaving articles or appliances;

(5) Commit other acts endangering flight safety and disturbing theorder in aircraft.

Chapter IV Security InspectionArticle 26

Passengers and other persons aboard the aircraft, together with thebaggage they carry, must be subject to security inspection except thoseexempted from inspection as prescribed by the State Council.

A person who refuses to go through security inspection shall be deniedboarding and bear the losses himself.Article 27

The security inspection personnel shall examine the ticket, identitycard and boarding pass of the passenger and carry out the securityinspection of the passenger and his baggage with instrument or manually;the inspection may be stricter if necessary.

The passengers already gone through security inspection shall wait inthe departure sterile area for boarding the aircraft.Article 28

The working personnel (including crew members) and the articlesbrought along by them shall be subject to security inspection whileentering the departure sterile area.

The persons meeting or seeing off the passengers as well as otherpersonnel must not enter the departure sterile area.Article 29

Diplomatic mail bags are exempted from security inspection. Diplomaticcouriers and other articles brought along by them shall be subject tosecurity inspection, except those otherwise provided in internationaltreaties concluded or participated in by the People's Republic of China.Article 30

The cargo for air transportation must go through security inspectionor other security measures.

The cargo consignor must not consign an article with a false name orsecretly include dangerous articles among the goods.Article 31

Air mail must go through security inspection. In case a suspiciousmail is discovered, the security inspection department and the postaldepartment shall jointly open it for examination and handling.Article 32

Unless otherwise provided by the State Council, the persons flying ina civil aircraft are prohibited from carrying with them or consign fortransportation the following articles:

(1) Firearms, ammunition, weapons, police arms;

(2) Controlled knives;

(3) Inflammables, explosives, poisonous, erosive and radioactivearticles;

(4) Other contraband stipulated by the State.Article 33

Other articles which could be used to jeopardize flight safety, thoughnot included in Article 32, still must not be taken by the passengerhimself. However they can be consigned as baggage or can be carried, inaccordance with the regulations stipulated by the civil aviationauthorities of the State Council, by crew members and be taken back at thedestination.

Articles for daily use containing inflammable substance may be carriedin limited quantity. The articles to be carried in limited quantity andthe quantity to be carried shall be specified by the competent civilaviation authorities of the State Council.

Chapter V Penalty ProvisionsArticle 34

Those who violates the provisions of Article 14 or commits an actlisted in Article 16, item (1) and (2) of Article 24 or Article 25 of theRegulations shall be punished by the civil aviation public securityinstitute in accordance with the relevant provisions of the "Regulationsof the People's Republic of China on Administrative Penalties for PublicSecurity."Article 35

Those who violates the relevant provisions in the Regulations shall bepunished by the civil aviation public security institute in accordancewith the following provisions:

(1) A person who commits an act listed in item 4 of Article 24 may bepunished by warning or imposing a fine of less than 3,000 RMB;

(2) A person who commits an act listed in item 3 of Article 24 may bepunished by warning, confiscating his unlawful earnings or imposing a fineof less than 5,000 RMB;

(3) A person who violates item 2 of Article 30 and Article 32 but notserious enough to constitute a crime, may be punished by imposing a fineof less than 5,000 RMB, and confiscating or withholding the articlesunlawfully carried.Article 36

Where the provisions of these Regulations are violated in one of thefollowing circumstances; the competent civil aviation authority may punishthe unit concerned by warning, stopping its business for rectification orimposing a fine of less than 50,000 RMB; the civil aviation publicsecurity organ may punish the person directly responsible by warning orimposing a fine of less than 500 RMB:

(1) Cause an aircraft to be out of control in violation of theprovisions of Article 15;

(2) Sell passenger ticket in violation of the provisions of Article17;

(3) Fail to check the persons to fly in the aircraft and baggage bythe carrier in performing the formalities for transportation in violationof the provisions of Article 18;

(4) Violate the provisions of Article 19;

(5) Fail to take security measures for the articles accepted fortransportation and to be loaded into the aircraft in violation of theprovisions of Article 20, Article 21, item 1 of Article 30 and Article 31.Article 37

Those who violates the relevant provisions of the Regulations andconstitutes a crime shall be investigated for criminal responsibility.Article 38

Those who violates the provisions of the Regulations, in addition tothe punishment prescribed in this Chapter, shall bear the liability to paycompensation according to law for any loss caused by him to a unit or anindividual.

Chapter VI AppendixArticle 39

In the Regulations the meanings of the following expressions are:

"Airport controlled area" refers to the area defined in an airportaccording to the requirement of safety, the entry into and exit from whichare subject to restriction.

"Departure sterile area" refers to the area defined in a terminalbuilding (lounge) according to the requirement of safety, in whichdeparting passengers who have gone through security inspection wait toboard the aircraft, as well as boarding passage and ferry vehicle.

"Aircraft movement area" refers to the area in an airport used for thetakeoff and landing and other ground movements concerned of aircraft,including runway, taxiway, connecting taxiway and passenger apron.Article 40

The Regulations shall go into effect on the date of promulgation.