ency.Article 33Foreign vessels may not, in the sea areas under the jurisdiction of thePeople's Republic of China, perform operations of dumping waste materialsincluding discarding vessels and other means of flotation.
【章名】Chapter IX Surface and Submerged Projects of Ship Repair, Ship Building, Ship Salvage and Ship Scrapping
Article 34Ship repairing, scrapping and salvaging units shall all be equipped withsufficient anti-pollution equipment and facilities. While engineeringprojects are under way with a ship, either above or under water,precautionary measures shall be adopted to prevent oils, oil mixtures andother waste materials from polluting the sea areas. The oil-polluted waterfrom the project on ship above water shall be treated in accordance withthe stipulations of Articles 19 and 20 of these Regulations.Article 35In areas where there are concentrated surface operations of ship repairsand ship building, enclosures shall be set up to prevent the floating ofoil and paint from spreading and to facilitate the prompt cleaning.Industrial garbage and other waste materials from the process of repairingand construction shall not be cast off into the sea, but rather, theyshall be retrieved and treated by the construction units.Article 36In surface ship scrapping, the scraps may not be cast off into the sea.The bottom of the ship and the oil tank may not be dismantled in the sea;they must be dragged to the shore for dismantling operations and theresidue oil must be retrieved and disposed of.Article 37In case of marine damage by vessels, or when vessels might sink, the crewshall, before leaving the vessels, as far as possible shut the valves ofall the piping systems in and stop up the air vents of the oil cabins(tanks), so as to prevent oil spill. The amount of the oil in stock andthe positions of the air vents shall be clearly stated in the maritimereports.Article 38In conducting ship salvaging project under water, measures shall beadopted to prevent the spread of oil pollution and emergence of newpollution.
【章名】Chapter X Compensation for Harm from Pollution Accidents Caused by Vessels
Article 39In case of violation by vessels of the Marine Environmental Protection Lawof the People's Republic of China and these Regulations that has causedpollution damage to the marine environment, the harbor superintendenciesmay order the payment of a fee for eliminating the pollution, andcompensation for the state's losses. If the party concerned does notaccept the order, he may bring a suit before the people's court inaccordance with the stipulation of Article 41 of the Marine EnvironmentalProtection Law of the People's Republic of China.Article 40In the event that units or individuals that have suffered pollution damageas a result of the marine environmental pollution by vessels demand civilliability compensation, the matter shall be handled in accordance with thehandling procedures stipulated in Article 42 of the Marine EnvironmentalProtection Law of the People's Republic of China. Disputes over liabilityfor and the amount of compensation may be handled by the harborsuperintendencies through conciliation. If a party does not agree, a suitmay be brought before the people's court; a suit may also be broughtdirectly in the people's court. Cases involving foreign vessels may alsobe solved in accordance with arbitration procedures.Article 41Any units or individuals that have suffered pollution damage by vesselsand demand compensation, if they wish to have it handled by the harborsuperintendencies, shall as quickly as possible submit a report fordemanding compensation for pollution damage to a nearby harborsuperintendency. This report shall include the following contents:(1) the time, location, scope and objects of the pollution damage causedby vessels, and the meteorological and hydrological circumstancestherearound;(2) a detailed list of losses caused by the pollution damage (includingaquatic resources and various implements), including the names, quantity,unit price, method of calculation, and the aquacultural and naturalcircumstances;(3) an appraisal by the relevant scientific research department orsignature by the notary organ in confirmation of the situation of theharm; and(4) the original evidences of the pollution damage, the photographs of thecircumstances therearound, and other supporting documents and materialsrelevant to demanding compensation.
Article 42Units and individuals that have participated in eliminating the pollutiondamage by vessels and those who demand payment of fees for eliminating thepollution shall, after completion of eliminating the pollution, submit asquickly as possible a report for demanding payment of fees for eliminatingthe pollution to the relevant harbor superintendency; this report shallinclude:(1) the time, place and the recorded schedule or the extracts from the"navigation logbook" relevant to the elimination of pollution;(2) the quantity of manpower, machines and tools, vessels and eliminatingmaterials put in, and the unit price and the method of calculating;(3) the management, travel and other relevant expenses in organizing theelimination;(4) a report on the results and the situation of the elimination; and(5) other relevant evidence and supporting materials.Article 43When a vessel-induced pollution accident occurs in the sea areas under thejurisdiction of the People's Republic of China, it shall be reported asquickly as possible to the nearby harbor superintendency. A report shallimmediately be submitted to the superintendency upon the vessel's entryinto the first harbor. The matter is then subject to investigation andhandling. Included in the report shall be the time, the location, thescope, the meteorological and hydrological circumstances, the process, themeasures of rescue and elimination, and the causes and damages of thepollution; other relevant materials shall be appended.
Article 44In case of vessel-induced pollution, the shipowners who request exemptionfrom liability for compensation shall submit to the harbor superintendencya report, which shall be able to prove that the pollution damage has beencaused entirely by one of the circumstances as listed in Article 43 of theMarine Environmental Protection Law of the People's Republic of China, andthat the pollution damage to the marine environment still can not beavoided despite all prompt and reasonable measures.Article 45The harbor superintendencies may, on the basis of investigation and study,conduct mediation or, in accordance with the results of the investigation,handle cases of disputes that concern compensatory liabilities and theamount of payment due to vessel-induced pollution.
【章名】Chapter XI Penalty and Rewards
Article 46With respect to vessels in violation of the Marine EnvironmentalProtection Law of the People's Republic of China and these Regulationsthat have caused or may cause pollution damage to the sea areas and harborareas under the jurisdiction of the People's Republic of China, the harborsuperintendencies may give a warning or impose a fine on the shipowneraccording to the seriousness of the liabilities thereof and the gravenessof the pollution damage.Article 47The maximum amount of a fine on a shipowner is 100,000 RMB yuan. However,in any of the following cases, the maximum amount of a fine to be imposedis 1,000 RMB yuan:(1) unauthorized use of oil-eliminating agents;(2) having no "oils record book" as stipulated;(3) making entries that are not up to standard or even false entries inthe "oils record book";(4) obstructing inspection by the harbor superintendencies.Crew and other individuals directly responsible shall be giveninculcation, and in serious cases fines may also be imposed, but themaximum amount of a fine may not exceed 20% of the basic salary of theperson in question.Article 48Cases of vessel-induced pollutio