Rules of the People's Republic of China Governing Vessels Offoreign Nationality
Rules of the People's Republic of China Governing Vessels Offoreign Nationality
Rules of the People's Republic of China Governing Vessels Offoreign Nationality
September 18, 1979
(Approved by the State Council on August 25, 1979) and promulgated by the Ministry of Communications on September 18, 1979)
General Provisions
Article 1 These Rules are formulated in order to safeguard the sovereignty of the People's Republic of China, maintain the order of ports and coastal waters, ensure the safety of navigation and prevent the pollution of waters.
Article 2 All vessels of foreign nationality sailing in the ports and coastal waters of the People's Republic of China (hereinafter referred to as "vessels") shall abide by these Rules and all the relevant decrees, stipulations and provisions of the People's republic of China. Whenever the Harbour Superintendency Administration set up by the Government of the People's Republic of China is of the view that it is necessary to conduct inspection of vessels, the vessels must subject themselves to inspection.
The term coastal waters as used in these Rules refers to the inland waters and territorial seas of the People's Republic of China and the waters stipulated by the State to be under its jurisdiction.
Chapter I Port Entry and Exit and Navigation
Article 3 The captain or the ship owner shall, through the China Ocean-shipping Agency Corporation, one week before the scheduled arrival of his vessel at a port, fill in the prescribed forms and go through the procedures to apply for approval of port entry with the Harbour Superintendency Administration and, 24 hours before the vessel's arrival at the port (or if the voyage is less than 24 hours, at the time of departure from the previous port), through the agent company for foreign vessels, report to the Harbour Superintendency Administration on the scheduled time at arrival, forward draft, stern draft, and other such conditions. A report shall be made at any time if any change at the time of arrival is anticipated. If in the course of its voyage, a vessel has to enter or return to the port temporarily due to special circumstances such as mishap, malfunction, or acute illness contracted by its seamen or passengers, a report shall be made to the harbour Superintendency Administration in advance.
Article 4 When a vessel goes into or out of a port or sails or changes berths in it, it shall be guided by a pilot appointed by the Harbour Superintendency Administration. The specific matters concerning pilotage shall be handled in accordance with the "Provisions for Pilotage in Ports" promulgated by the Ministry of Communications of the People's Republic of China.
Article 5 Upon arrival of a vessel at a port, the entry and other relevant reports, together with the certificate of registry and relevant documents shall be submitted promptly for examination, and the vessel shall be subject to inspection. Before a vessel goes out of a port, the exit and other relevant reports shall be submitted and the vessel may go out only with an exit permit issued after inspection.
Article 6 All weapons and ammunition on board a vessel shall be kept under seal by the Harbour Superintendency Administration upon arrival of the vessel at the port. Radio telegraph transmitters, radio telephone transmitters, rocket signals, flame signals and signal guns shall only be used in conditions of emergency; and after such use, reports must be made to the Harbour Superintendency Administration.
Article 7 It shall be forbidden, inside a port, to shoot, swim, fish or set off fire-crackers or fireworks or do other acts likely to endanger the safety and order of the port.
Article 8 The Harbour Superintendency Administration shall be entitled to prohibit a vessel from going out of the port within a specified period of time, or order it to suspend its voyage, change its course or return to the port if the vessel is in any of the following conditions:
1. in an unseaworthy condition;
2. in contravention of the laws or regulations of the People's Republic of
China;
3. having involved in an accident of marine damage;
4. having failed to pay prescribed dues and to provide an appropriate
guarantee therefor;
5. other conditions which call for prohibition of navigation.
Article 9 Vessels sailing in the ports and coastal waters of the People's Republic of China shall not engage in activities detrimental to the security, rights and interests of the People's Republic of China and shall abide by the provisions concerning straits, waterways, navigation lines and restricted zones.
Article 10 Vessels shall not sail at such speed in ports as to endanger the safety of other vessels and port facilities.
Article 11 The boats (rafts) attached to vessels shall not be allowed to sail in ports except for lifesaving purposes.
Article 12 When sailing or changing berths in ports, vessels shall not have their attached boats (rafts), derricks, gangways, etc.
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