|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the Shanghai Province |
[Database Search] [Name Search] [Noteup] [Help]
Procedures of Shanghai Municipality on the Administration of Coastal Border Defense for Public Security Purpose
|
| (Promulgated by Decree No. 78 of the Shanghai Municipal People' s Government on December 19, 1999) Chapter I General Provisions Article 1 Purpose and Basis With a view to strengthening the administration of border defense for public security purpose and to maintaining the public security order in the coastal areas of Shanghai, these Procedures are formulated in accordance with the relevant laws and regulations of the state and in the light of the actual circumstances of this Municipality. Article 2 Scope of Application These Procedures are applicable to the administration of border defense for public security purpose in the coastal waters and areas of this Municipality. The coastal waters and areas as mentioned in the preceding paragraph refer to the coast of Chongming County, Baoshan District, Pudong New Areas, Nanhui County, Fengxian County and Jinshan District and its nearby sea areas. Article 3 Competent Administrative Departments The Shanghai Municipal Public Security Bureau is the competent department in charge of the administration of coastal border defense for public security purpose. The Public Security Border Defense Department is specifically responsible for the administration of coastal border defense for public security purpose in this Municipality. Article 4 Joint Administrative Departments The administrative departments of communications, port, industry and commerce, maritime safety supervision, fishing administration supervision, border exit-entry inspection and quarantine, and customs shall, according to their respective duties, cooperate with the Public Security Border Defense Department in the administration of the coastal border defense for public security purpose. Article 5 Job Duties The main duties of the Public Security Border Defense Department include: 1. Administration of the sea-going ships and their boatmen for public security purpose; 2. Administration of border defense sea-going permits and border passes; 3. Implementation of border defense checks for public security purpose; 4. Investigation of dealing with illicit and criminal activities; and 5. Other duties stipulated by laws, regulations and rules. Article 6 Duties of Units and Individuals Any unit or individual shall abide by the regulations of the State and this Municipality governing the administration of coastal border defense for public security purpose and assist the Public Security Border Defense Department in maintaining the social public security order. On discovering illicit or criminal activities, criminal suspects, or suspicious articles in the areas under the administration of border defense for public security purpose, any unit or individual shall report it to the Public Security Border Defense Department without delay. Chapter II Administration of the Registration of Ships and Boatmen Article 7 Border Defense Credentials of Ships The following ships of this Municipality that need to go to sea for marine operation shall apply to the Public Security Border Defense at the port of registry for sea-going ship residence booklet on the strength of the ship' s registration certificates and other papers approved and issued by the competent department in charge of the ships: 1. Fishing ships or boats; 2. Ships or boats used for transportation or for agricultural or sideline production by rural collective economic units or individuals; and 3. Other ships or boats as stipulated by the Municipal People' s Government. Article 8 Border Defense Certificates for Boatmen The permanent residents over the age of 16 of this Municipality who need to go to sea on any of the sea-going ships or boats stipulated in Article 7 of these Procedures (hereinafter referred to as the ships or boats) for a long-period or temporary marine operation shall apply to the Public Security Border Defense Department in the locality of their permanent residence for sea-going boatman certificates or temporary sea-going boatman certificates, on the strength of their resident identity cards and other relevant papers. The non-local laborers who need to go to sea on sea-going ships or boats for marine operation shall apply to the Public Security Border Defense Department at the port of registry of the ships or boats on which they work for temporary sea-going boatman certificates on the stage of their work permits and other relevant papers as stipulated by this Municipality. Except those stipulated in the preceding two clauses, the persons need to temporarily go to sea by ships or boats temporarily shall approach the Public Security Border Defense Department of the port of anchorage of the ships or boats to go through the temporary sea-going registration procedures to get temporary sea-going registration certificates on the strength of their resident identity cards. Article 9 Circumstances Surrounding Non-issuance of Certificates Persons in one of the following conditions shall be denied sea-going boatman certificates, temporary sea-going boatman certificates or temporary sea-going registration certificates: 1. Being the accused in a criminal case, or the criminal suspects identified by the departments of public security or national security, the people' s procuratorates or people' s courts; 2. Being the criminals who have been sentenced to be put under surveillance, or sentenced to fixed-term imprisonment on probation, or deprived of political rights, or those on parole or on bail for medical treatment; 3. Being those under re-education through labor; 4. Those involved in unsettled economic or civil cases that are not allowed to go to sea as noticed by a people' s court; 5. Being those who have been penalized by the Public Security Border Defense Department for illicit acts such as smuggling and illegal crossing of the border by sea; 6. Being those who are likely to jeopardize national security or incur great losses to national interests after going to sea; or 7. Being those others as stipulated by the laws, regulations and rules. Article 10 Proceedings of Examination and Approval Those who apply for sea-going ship residence-booklets, sea-going boatman certificates or temporary sea-going boatman certificates shall apply in writing to the Public Security Border Defense Department, who shall finish the examination and approval of the application within 10 days of the receipt of such applications. The said department shall issue sea-going ship residence booklets, sea-going boatman certificates or temporary sea-going boatman certificates if the applicants meet the requirements, and it shall notify the applicants in writing if they do not meet the requirements. Article 11 Validity Period of papers The sea-going ship residence booklet is valid for 3 years. The sea-going boatman certificate is valid for 1 year. The temporary sea-going boatman certificate is valid for 3 months. The validity period of a temporary sea-going registration certificate shall be fixed by the Public Security Border Defense Department in the light of the actual needs. Article 12 Annual Examination The unit or individual that holds a sea-going ship residence booklet is subject to annual examination by the Public Security Border Defense Department that originally issued it. Article 13 Proceedings of Changes and Cancellations In any of the following cases, the unit or individual that holds a sea-going ship residence booklet, sea-going boatman certificate or temporary sea-going boatman certificate shall go through the procedures for changes or cancellations at the Public Security Border Defense Department that originally issued the booklets or certificates: 1. Renovating, rebuilding, purchasing or selling, transferring, renting ships or reporting ships as worthless; 2. Boatmen changing to work on other ships; or 3. Ships or boatmen suspending sea-going consecutively for over 6 months. Article 14 Prohibited Acts The renting, transferring, duplicating, altering and/or forging of the sea-going ship residence booklet, sea-going boatman certificate, temporary sea-going boatman certificate and/or temporary sea-going registration certificate are prohibited. Chapter III The Administration of Ships and Their Personnel for Public Security Purpose Article 15 Carrying Certificates Ships, boatmen and other persons who go out to sea shall carry sea-going ship residence booklets, sea-going boatman certificates, temporary sea-going boatman certificates or temporary sea-going registration certificates. Ships or individuals who do not carry the booklets or certificates mentioned in the preceding paragraph are not allowed to go out to sea. Article 16 Signs and Marks of Ships Unless otherwise stipulated by the State, ships shall be marked with the name, number and port of registry according to the relevant provisions, and keep them complete and clear. The ship' s marks of name, number and port of registry may not be changed, removed, covered, altered or forged without authorization. Article 17 Registration Visa for Ship' s Exits and Entrances Ships that sail in or out of a coastal port or dock shall go through the procedures for registration visa with the Public Security Border Defense Department at the coastal port or dock in good time and be subject to examination by the said Department. Article 18 Public Security Border Defense Administrative Station for Ships The Public Security Border Defense Administrative Stations are mass organizations of public security. They are specifically responsible, under the leadership of the Public Security Border Defense Department, for keeping under surveillance and examining ships, and assisting the Public Security Border Defense Department in maintaining the public security order in ports and docks, and on ships. Article 19 Reporting of the Loss of Ships If a ship is missing, or has been stolen or robbed, or has sunk, the owner or the user of the ship shall report it without delay to the Public Security Border Defense Department in the place where the case happened, or to the Public Security Border Defense Department that originally issued the booklet or certificates. Article 20 The Border Defense Administration of the Personnel in Foreign-related Cooperative Labor Service Any unit in this Municipality which is authorized by the relevant departments to provide overseas fishing ships with laboring personnel to go to sea for marine operation shall go through the related procedures in accordance with the relevant provisions of the State, and shall apply for the boarding permits for the laboring personnel at the appointed Public Security Border Defense Department. The laboring personnel mentioned in the preceding paragraph shall go on board or off the overseas ship at the appointed port and dock. They are subject to the administration and examination by the Public Security Border Defense Department. Article 21 The Anchoring of Overseas Fishing Ships The overseas fishing ships that have entered Shanghai shall be anchored at the berthing or harboring sites in the open ports of this Municipality. They are subject to supervision by the Public Security Border Defense Department or other relevant departments. Overseas fishing ships are not allowed to do loading or unloading, or to let individuals to go aboard or ashore, without the approval of the Public Security Border Defense Department. Article 22 The Border Defense Administration of Overseas Boatmen The boatmen or other individuals on overseas fishing ships who need to leave the berthing or harboring site to move about after landing shall go through the related formalities for entrance and landing registration in accordance the relevant provisions of the State. The boatmen or other individuals on fishing ships from Taiwan who need to leave the berthing or harboring site to move about after landing shall go through the formalities for entrance and landing registration in accordance with the relevant provisions of the State and shall apply for Landing Permit For Taiwan Compatriots to the Public Security Border Defense Department in the place of berthing. Article 23 Prohibited Acts The owner, boatmen and other individuals of a ship shall abide by the laws and statutes, and the relevant provisions of this Municipality. They shall maintain the sovereignty, interests and safety of the State, and shall be prohibited from committing the following acts: 1. Taking out to sea any confidential documents or data irrelevant to marine operation; 2. Keeping for use or disposing of without due authorization any contraband goods afloat at sea; 3. Illegal interception of, or steering other' s ship without authorization; 4. Unauthorized entry into the sea areas or islands to which access is prohibited or restricted by the State; 5. Holding others in custody, or robbing or sabotaging ships or articles on ships at sea, by reason of fishing disputes, etc.; and 6. Engaging in such acts as smuggling, trafficking in narcotics or arms and ammunition, or organizing and carrying others to cross the border illegally. Article 24 The System of Reporting If a ship enters the sea areas or islands to which access is prohibited or restricted by the State, or if any boatmen gets on a foreign ship or a ship belonging to the Hongkong Special Administrative Zone, Macao Special Administration Region or Taiwan, owing to force majeure such as typhoons, and mechanic breakdowns, the party concerned shall report it to the Public Security Border Defense Department on return to the port and shall be subject to inquiry and examination. Article 25 The Responsibility System of Taking Precautions for Public Security The sea-going ship shall implement the responsibility system of taking precautions for public security with its captain being responsible for public security on the ship. The sea-going ship shall establish the public security organization, or be staffed with public security personnel in accordance with the tonnage, horsepower and fixed number of the boatmen of the ship. Article 26 Border Defense Check for Public Security The public security border defense personnel shall produce uniform law enforcement credentials when they perform border defense checks for public security. Chapter IV Legal Liability Article 27 Main Body of Law Enforcement Whoever violates the relevant provisions of these Procedures shall be ordered to make rectification and shall be punished by the Public Security Border Defense Department. Article 28 Punishment for Violation of the Provisions Concerning the Administration of Sea-going Ship' s Papers Whoever commits one of the following acts in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 50 and 500 yuan inclusive: 1.Going out to sea without having acquired the ship' s residence booklet, the sea-going boatman certificate, the temporary sea-going boatman certificate or the temporary sea-going registration certificate; 2.Going out to sea without carrying the ship' s residence booklet, the sea-going boatman certificate, the temporary sea-going boatman certificate or the temporary sea-going registration certificate; 3.Employing or carrying any individual who has no sea-going boatman certificate or temporary sea-going boatman certificate; 4.Failure to go through the procedures of alterations or cancellations of the sea-going ship booklet, the sea-going crew-member certificate, or the temporary sea-going crew-member certificate in accordance with the relevant provisions; or 5.Failure to have the sea-going ship residence booklet examined annually according to the provisions. Whoever lends or borrows, transfers, duplicates, alters or forges the sea-going ship residence booklet, the sea-going boatman certificate, the temporary sea-going boatman certificate or the temporary sea-going registration certificate in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 500 and 1 000 yuan inclusive. Article 29 Punishment for Violation of the Provisions Concerning the Administration of Sea-going Ships Any ship or boatman going to sea for marine operation that commits one of the following acts in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 200 and 1 000 yuan inclusive: 1.Failing to have the ship marked with the name, number or port of registry, or the ship' s name, number or its mark of port of registry not being clear; 2.Changing, moving, covering, or altering without authorization, or forging the ship' s name, number, or mark of port of registry; 3.Failing to go through the formalities of registration visa with the Public Security Border Defense Department when the ship enters or leaves a coastal port or dock; or 4.Failing to report to the Public Security Border Defense Department the missing, stealing, robbing or sinking of the ship. Article 30 Punishment for Violation of the Provisions Concerning the Administration of the Personnel in Foreign-related Labor Service Whoever commits one of the following acts in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 100 and 2,000 yuan inclusive: 1.The unit which provides overseas fishing ships with laboring personnel to go to sea for marine operation has not applied to the Public Security Border Defense Department for border defense boarding permits for the laboring personnel; or 2.The laboring personnel of this Municipality do not board or disembark from the overseas ships at the appointed ports or docks. Article 31 Punishment for Violation of the Provisions Concerning the Administration of Overseas Ships and Their Personnel Any overseas fishing ship, boatman or other individual on board the ship that commits one of the following acts in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 500 and 5,000 yuan inclusive: 1.Failing to anchor a ship in accordance with the relevant provisions; 2.Loading or unloading goods, or letting personnel board or disembark from the ship, without permission; or 3.Landing without authorization to move about before applying for Landing Permits for Taiwan Compatriots or other certificates as stipulated by the State. Article 32 Punishment for Violation of Other Provisions Whoever commits one of the following acts in violation of the provisions of these Procedures shall be given a disciplinary warning and be subjected to a fine of 5,000 and 30,000 yuan inclusive: 1.Keeping for use or disposing of without authorization the contraband goods afloat at sea; 2.Illegally intercepting or steering others' ships without authorization; 3.Entry into the sea areas or islands to which access is prohibited or restricted by the state; or 4.Holding people in custody, or robbing or sabotaging a ship or the articles on a ship at sea, by reason of fishing disputes, etc. Article 33 Punishment for Smuggling or Illegal Crossing of the Border by Sea Smuggling or illegal crossing of the border by means of sea-going ships shall be dealt with by the Public Security Border Defense Department in accordance with the relevant provisions of the State. Article 34 Confiscation and Temporary Detention Any ship without name, number, or the name of port of registry, or without ship' s registration papers, shall be confiscated by the Public Security Border Defense Department in accordance with the relevant provisions of the State. The Public Security Border Defense Department may take the measures of temporarily detaining a ship that violates the provisions of these Procedures if no measures have been taken on the spot while a subsequent penalty is not possible. The temporarily detained ship shall be released immediately after the penalty decision is executed. The longest period of a temporary detention shall not go beyond 6 months. Article 35 Public Security Punishment and Criminal Liability Whoever violates the provisions of these Procedures and is liable to punishment for public security shall be dealt with by the Public Security Border Defense Department in accordance with the Regulations of the People' s Republic of China on Public Security Administration and Punishment. If the violation constitutes a crime, the offender shall be prosecuted for criminal liability. Article 36 Administrative Reconsideration and Legal Action The party concerned that finds unacceptable the specific administrative act of the Public Security Border Defense may apply for administrative reconsideration or take legal action in accordance with the Regulations of the People' s Republic of China on Administrative Review and the Administrative Litigation Law of the People' s Republic of China. If the party concerned neither applies for administrative reconsideration nor takes legal action, nor perform the specific administrative act, within the statutory time limit prescribed by law, the department that decides on the administrative act may enforce the implementation of the act according to law, or apply to the people' s court for enforcement. Article 37 Penalty on Law Enforcement Personnel Who Violate the Law The Public Security Border Defense personnel shall abide by the law and discipline, and enforce the law impartially. Those who have neglected duties, abused power, acted wrongfully for selfish ends, extorted and taken bribes, or perverted the law, shall be given administrative punishment by the units they belong to or by the department in charge at a higher level. The personnel whose act constitutes a crime shall be prosecuted for criminal liability in accordance with the law. The Public Security Border Defense Department or its staff that have exercised powers in violation to encroach on the legitimate rights and interests of any citizen, legal person or other units and cause damage are liable for making compensations in accordance with the law and regulations Chapter V Supplementary Provisions Article 38 The Department Responsible for Interpreting the Application of These Procedures The Shanghai Municipal Public Security Bureau may interpret the specific application of these Procedures. Article 39 Date of Implementation These Procedures shall become effective on March 1, 2000. |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/posmotaocbdfpsp1039