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RULES OF CHINA GOVERNING VESSELS OFFOREIGN NATIONALITY

时间：2017-11-14阅读次数：
  Important Notice: 
  
This  English document is coming from the  "LAWS  AND  REGULATIONS  OF THE PEOPLE'S REPUBLIC OF  CHINA  GOVERNING  FOREIGN-RELATED  MATTERS" (1991.7) which  is  compiled  by  the  Brueau  of  Legislative Affairs of the State Council of  the  People's Republic of China, and is published by the China Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
     
Whole Document
RULES OF THE PEOPLE'S  REPUBLIC  OF  CHINA  GOVERNING  VESSELS  OF FOREIGN NATIONALITY (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. extended over  the  board sides.
 
Article 13
Vessels that have to enter into a port of the People's Republic of China which is open to foreign vessels for the  purpose  of  taking  shelter  or temporary berth shall apply to the Harbour Superintendency  Administration for approval; the application shall include: the ship's name,  call  sign, nationality, name of the carrier, port of departure, port of  destination, ship's position, speed, draft, hull colour(s), funnel colour(s) and  mark, and shall take shelter at the specified place. 
Vessels that have to take shelter or temporary berth in a place other than the ports open to foreign vessels of the People's Republic of China shall, in addition to going through the above procedures for the application for approval, abide by the following:
1. duly report  to  the  Harbour Superintendency  Administration  in  the neighbourhood on the anchoring time, position and the time of departure;
2. observe the provisions  of  the  relevant  local  departments,  subject itself to inspection and enquiry and obey orders;
3. the personnel on board the vessel shall not come to land nor shall  the goods on board be unloaded without the  approval  of  the  relevant  local departments.
     
Chapter II Berthing
Article 14
Vessels berthed in a port shall have on duty a number of seamen sufficient to ensure the safe operation of the vessel and,  in  times  of  a  typhoon warning or other emergency conditions, all crew members shall  immediately return on board to take preventive and other measures.
 
Article 15
The gangways of a vessel set up where the  crew  members,  passengers  and other personnel embark and disembark shall be firm and  secure  and  armed with rails or hand ropes; rope  ladders  shall  be  firm  and  safe,  with adequate illumination at night.
 
Article 16
When a vessel has to start its engine, attention  shall  be  paid  to  the surroundings of the stern and it shall only be done in circumstances where the safety of other vessels and port facilities will not be endangered.
 
Article 17
The water outlets on both sides of a vessel berthed in a port, which  are likely  to  affect  other  vessels,  the  pier  or  the  embarkation and disembarkation of personnel shall be covered.
 
Article 18
The light of a vessel shall not affect the safety of navigation of other vessels and strong lights of the vessel projected towards  the  course  of navigation shall be blocked.
 
Article 19
Vessels shall provide safe and good conditions for loading  and  unloading operations and the  loading  and  unloading  installations  shall  possess certificates of compliances and be maintained in good technical condition.
 
Article 20
A vessel shall make prior  applications  to  the  Harbour  Superintendency Administration for approval to carry out the following operations:
1. dismantling and repair of boilers, main  engine,  windlasses,  steering gear and transmitters;
2. trial voyages and trial runs;
3. setting down boats (rafts) to carry out lifesaving rehearsal;
4. welding or soldering (except for repair in a dockyard) or carrying  out operations with uncovered light on the deck;
5. hanging out decorative lamps.
 
Article 21
In the fumigation of a vessel, strict safety measures shall be  taken  and the signal stipulated by the Port shall be hoisted.
 
Article 22
To ensure safety of the port and vessels, the  decisions  of  the  Harbour Superintendency Administration shall be complied with if any ship  has  to change berths in the port or  set  sail  ahead  of  schedule  or  postpone sailing.
     
Chapter III Signals and Communication
Article 23
Vessels sailing or berthed in the ports and coastal waters of the People's Republic of China shall fly the  national  flags  of  their  countries  of registry in daytime. When coming  into  or  going  out  of  the  ports  or changing berths, they shall additionally fly their vessel flags  for  call and the relevant signals stipulated by the port.
 
Article 24
When coming into or going out of the port or anchoring, vessels shall pay attention to the calls and signals of the port signal  station  and  shall observe the regulations of the People's Republic of China for  signals  in coastal ports in the use of visual signals. In respect of signals not  yet stipulated by coastal ports, "International Rules for  Signals"  shall  be observed.
 
Article 25
Vessels in ports shall not send out sound signals at will except out of necessity for navigation safety. When it is necessary to test whistles, a report shall be submitted to the Harbour Superintendency Administration in advance.
 
Article 26
In the use of very high frequency radio telephones in ports, vessels shall abide by the "Interim Measures for the Use of Radio  Telephones  of  Very- high-frequency by Vessels of Foreign Registry" promulgated by the Ministry of Communications of the People's Republic of China.
     
Chapter IV Dangerous Goods
Article 27
In loading, unloading or transportation of dangerous  goods,  the  vessels shall hoist the stipulated  signals,  observe  the  stipulations  for  the administration of the transportation of dangerous goods and take necessary safety measures. In particular, goods with mutually-conflicting properties shall not be loaded in a mixed way and it shall strictly be prohibited  to load explosive articles together with igniters or combustible articles  in the same holds.
 
Article 28
In carrying Class-1 strongly dangerous goods such as explosive articles, deadly poisonous articles,  radioactive  articles,  compressed  gases  and liquefied gases, oxidizers,  spontaneous  combustible  articles,  articles that ignite when in contact with water, combustible  liquids,  combustible solids and acid corrosives, vessels shall list in detail the names of  the goods, their properties, package, quantity and loading position, and  also attach the instructions concerning the properties of the  dangerous  goods to the lists and  apply  to  the  Harbour  Superintendency  Administration through the agent companies for foreign vessels for clearance visas  three days before their scheduled arrival at the ports. Only with  approval  may they enter the port, unload goods, or pass through the transit.  To  carry the above mentioned dangerous goods,  outgoing  vessels  shall  apply  for clearance visas three  days  before  the  start  of  loading.   Only  with approval may they load and carry.
 
Article 29
In applying for the safety certificates for loading and carrying dangerous goods for export, vessels shall make written applications to  the  Harbour Superintendency Administration three days before  the  start  of  loading, clearly stating the  names  of  the  dangerous  goods,  their  properties, package, quantity, loading position (also attached with loading  plans  of the goods), midway ports, port of destination, etc. Loading shall be  done at the berths specified by the Harbour Superintendency Administration.
     
Chapter V Safeguard of Navigation Lanes
Article 30
In navigation, vessels shall abide by the provisions for and maintain  the order of navigation. If a vessel encounters an accident and is  in  danger of sinking, it  shall  promptly  report  to  the  Harbour  Superintendency Administration and take effective measures as best as it can to  sail  out of the lane so as not to obstruct navigation and endanger other vessels. If the vessel has sunk, the vessel side shall  duly  set  up  a  temporary signal mark at the place of its sinking.
 
Article 31
The salvage of vessels or other articles which have sunk in the  ports  or coastal waters shall be handled in accordance with the  "Measures  of  the People's Republic of China for the Administration of the Salvage of Sunken essels and Sunken Articles". The Harbour  Superintendency  Administration shall, according to particular circumstances, notify  the  owners  of  the sunken vessels or sunken articles to salvage  and  remove  them  within  a prescribed period, or promptly organize the salvage or  dismantlement  and removal; the entire responsibilities and expenses shall be  borne  by  the owners of the sunken ship and sunken articles.
 
Article 32
If a vessel, finds or dredges up any sunken or floating article, it  shall report, or hand it over  for  handling,  to  the  Harbour  Superintendency Administration, which shall give awards at its discretion.
 
Article 33
If a vessel has to dump rubbish and other  refuse  in  a  port,  it  shall display the signal stipulated by the port to call up a  rubbish  boat  (or truck).
 
Article 34
Vessels shall take good care of lane installations and navigational aids. If a vessel has damaged any navigational aid, port construction  or  other facilities, it  shall  promptly  report  to  the  Harbour  Superintendency Administration and undertake to restore them or pay compensation  for  the restoration.
     
Chapter VI Prevention of Pollution
Article 35
In the ports and coastal waters of the People's Republic of China, vessels shall be prohibited from wilfully draining away  oils,  oil  mixtures  and other pernicious pollutants and wastes.
 
Article 36
Vessels shall apply to  the  Harbour  Superintendency  Administration  for approval for draining away ballast water,  washing  water  from  holds  or bilge water. A vessel that comes from an epidemic-affected port  shall  go through the hygienic treatment of the  quarantine.  The  bilge  water  and washing water from the holds of vessels carrying dangerous goods and other pernicious pollutants may  be  drained  at  specified  places  only  after appraisal which indicates that they  meet  the  standards  of  the  public
health department concerned.
Article 37
All oil tankers and vessels using fuel oil shall  possess  oils  registers and duly and  truly  make  entries  therein  in  accordance  with  various provisions of the registers.
 
Article 38
If polluting accidents occur with vessels in the ports or coastal waters, they shall record the course of events separately in their oils registers and  sea  logs,   promptly   report   to   the   Harbour   Superintendency Administration and at the same time take  effective  measures  to  prevent diffusion of the pollutants. If treatment with chemicals is equired,  it
is necessary to apply to the Harbour Superintendency  Administrations  for approval,  and  provide  them  with  the  instructions  of  the   chemical ingredients.
 
Article 39
Matters not included in this chapter shall be handled in accordance  with the  provisions  of  the  People's  Republic  of  China  relating  to  the prevention of pollution of waters.
     
Chapter VII Fire Control and Rescue
Article 40
It shall strictly be forbidden to smoke or make fires in  cargo  holds  or other places prone to fire on board the vessels.
 
Article 41
Strict  fire-prevention  and  safety  measures  shall  be  taken  for  the refueling of vessels and for the loading and unloading operations  of  oil tankers.
 
Article 42
To perform such engineering projects as welding or soldering  on  board  a vessel, the surroundings, shall be cleared in advance,  strict  precaution measures be taken, firefighting equipment be made ready and inspection  be conducted before and  after  the  operations.  The  oil  tanks  and  their adjacent parts shall necessarily be emptied of all oil materials,  cleared of residues of oil, thoroughly ventilated, with their internal combustible gases  discharged  and  certified  as  up-to-standard  before  welding  or soldering can be carried out.
 
Article 43
If a vessel catches fire or encounters a  sea  peril,  it  shall  promptly report to the Harbour Superintendency Administration  such  conditions  as scene of the accident, tonnage of vessel, draft, cargo  carried,  damages, and the kind of assistance required.
 
Article 44
If necessary, the Harbour Superintendency Administration may mobilize  and command the vessels in the port or coastal waters  to  take  part  in  the rescue of a vessel in trouble and under the circumstances that  their  own safety will not be affected, the mobilized vessels have the responsibility to partake in the rescue as best as they can.
 
Article 45
When the Harbour Superintendency Administration or leading members of  the rescue department arrive at the  scene,  the  captain  of  the  vessel  in trouble shall promptly report the state of the accident and  the  measures which have been taken and supply the data and facilities required for  the rescue. He may also make suggestions concerning the  rescue.  The  parties concerned shall observe the decisions made by the Harbour  Superintendency
Administration for the maintenance of security and order.
     
Chapter VIII Accidents of Damages at Sea
Article 46
When an accident of damages at sea occurs to a vessel,  it  shall  make  a summary report to the Harbour Superintendency Administration by  telegraph or radio-telephone as soon as possible. With regard to the  occurrence  of an accident of damages at sea outside  a  port  area,  the  captain  shall submit  a  report  about  the  accident  to  the  Harbour  Superintendency Administration within forty-eight hours of the  vessel's  entry  into  the
first port of call. With regard  to  the  occurrence  of  an  accident  of damages at sea within the port, the captain shall submit  a  report  about the accident to  the  Harbour  Superintendency  Administration  within  24 hours.
 
Article 47
When a vessel causes an accident in the port  or  coastal  waters  of  the People's Republic of China, which results in the loss of  human  life  and damage to property, it shall actively attempt to rescue the damaged vessel and  injured  personnel,  promptly  report  the  matter  to  the   Harbour Superintendency Administration and subject  itself  to  investigation  and handling. The troublemaker who does not rescue those in danger  but  hides itself or runs away shall be severely dealt with.
 
Article 48
If the death of a seaman occurs  on  board  a  vessel,  the  vessel  shall promptly make a report to the Harbour Superintendency  Administration.  If the default of personnel of the vessel side or the port side gives rise to damage or injury or death to the other  side,  the  scene  shall  be  kept intact and both sides shall duly report  to  the  Harbour  Superintendency Administration. If a dispute occurs, any party concerned may apply to the Harbour Superintendency Administration for investigation and handling. Those involving crimes shall be dealt with by the judicial organs  of  the People's Republic of China.
 
Article 49
Matters which are not  included  in  this  Chapter  shall  be  handled  in accordance with the "Rules for the Investigation and Handling of Accidents of Damage at Sea promulgated by the  Ministry  of  Communications  of  the People's Republic of China.
     
Chapter IX Punishments on Contravention of Regulations
 
Article 50
The Harbour Superintendency Administration shall impose  such  punishments as a warning or a fine, according to the nature  and  seriousness  of  the offence, on anyone who has contravened these  Regulations  and  any  other relevant decrees, provisions and regulations of the People's  Republic  of China. Those of a vile and serious nature shall be  handed  over  to,  and dealt with by, the judicial organs.
 
Article 51
If the punished party does not accept  the  punishment,  he  can  make  an appeal to the  Harbour  Superintendency  Administration  of  the  People's Republic of China  within  15  days  of  receipt  of  the  notice.  Before alteration of the decision, however, the original punishment  shall  still take effect.
     
Chapter X Supplementary Provisions
Article 52
With regard to the prevention of collision of vessels, matters  which  are not included in these Regulations and other  relevant  provisions  of  the People's Republic of  China  shall  be  handled  in  accordance  with  the "International Rules For the Avoidance of Collision at Sea" implemented by the People's Republic of China.
 
Article 53
These Regulations shall be put into effect as of the date of  promulgation by the State Council of  the  People's  Republic  of  China.  Concurrently therewith, the "Measures  of  the  People's  Republic  of  China  For  the Administration of Port Entry and Exit  by  Vessels  of  Foreign  Registry" promulgated by the Ministry of Communications of the People's Republic  of China on March 12, 1957 shall be annulled.