中華人民共和國海上交通安全法(附英文)【被修訂】
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發(fā) 文 號(hào):(1983)主席令第七號(hào)
發(fā)布單位:(1983)主席令第七號(hào)
發(fā)布日期:1983-09-02
實(shí)施日期:1984-01-01
rrying out operations, vessels and installations must abide by the relevant laws, administrative statutes and rules and regulations of the People's Republic of China.
Article 11
Non-military vessels of foreign nationality may not enter the internal waters and harbours of the People's Republic of China without the approval of its competent authorities. However, under unexpected circumstances such as critical illness of personnel, engine breakdown or the vessels being in distress or seeking shelter from weather when they do not have the time to obtain approval, they may, while entering China's internal waters of harbour, make an emergency report to the competent authorities and shall obey its directions.
Military vessels of foreign nationality may not enter the territorial waters of the People's Republic of China without the approval of the Government of the People's Republic of China.
Article 12
Vessels sailing on international routes that enter and leave the harbours of the People's Republic of China must accept inspection by the competent authorities. Vessels of Chinese nationality sailing on domestic routes that enter and leave such harbours must obtain port entry and departure visas.
Article 13
Vessels of foreign nationality entering and leaving a harbour of the People's Republic of China, navigating or shifting berths in the harbour area, or approaching or leaving mooring points or loading spots outside the harbour must be navigated by a pilot designated by the competent authorities.
Article 14
When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas where navigational conditions are restricted, vessels must observe the special regulations promulgated by the Government of the People's Republic of China or by the competent authorities.
Article 15
Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted by the competent authorities.
Article 16
Towing operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection conducted by vessel inspection departments and be reported to the competent authorities for examination and approval.
Article 17
If the competent authorities finds the actual condition of a vessel to be not in conformity with what is stated in the vessel's certificates, it shall have the right to require the vessel to apply for a new inspection or notify its owner or manager to adopt effective safety measures.
Article 18
If the competent authorities believes that a vessel presents a menace to the safety of a harbour, it shall have the right to forbid the vessel from entering the harbour or to order it to leave the harbour.
Article 19
The competent authorities shall have the right to forbid a vessel or an installation from leaving the harbour or order it to suspend its voyage,change its route or cease its operations under any one of the following circumstances:
(1) if it violates any law, administrative statute or other rule or regulation of the People's Republic of China;
(2) if it is in a condition unsuitable for navigation or towing;
(3) if it was involved in a traffic accident and has not completed the necessary formalities;
(4) if it has not paid the fees that are due or furnished appropriate security to the competent authorities or the department concerned: or
(5) if the competent authorities considers that there are other circumstances that will jeopardize or might jeopardize maritime traffic safety.
Chapter V Safety Protection
Article 20
Construction operations to be carried out on the surface or underwater in coastal waters and the demarcation of corresponding safe operation zones must be reported to the competent authorities for examination and approval and must be publicly announced. Vessels not involved in the construction project may not enter the safe operation zones. The construction unit may not enlarge such zones without authorization.
When shore lines are to be used in harbour areas or when construction work, including overhead operations, is to be carried out on the sea surface or underwater in such areas, the plan and a drawing thereof must be submitted to the competent authorities for examination and approval.
Article 21
The designation of restricted navigation zones in coastal waters must be approved by the State Council or the competent authorities. However, the designation of restricted navigation zones for military purposes shall be approved by the competent department of the state in charge of military affairs.
The restricted navigation zones shall be announced by the competent authorities.
Article 22
Without the approval of the competent authorities, no installations may be established or constructed, nor may any activities that hinder navigational safety be carried out in harbour areas, anchorages, navigation lanes, or crowded navigable areas, as well as in navigation routes announced by the competent authorities. With respect to any installations which have been established or constructed in the above-mentioned areas without authorization, the competent authorities shall have the right to order their owners to remove or dismantle the installations within a given period of time.
Article 23
It shall be forbidden to damage navigation aids or navigational facilities. Whoever has damaged navigation aids or navigational facilities shall immediately report the damage to the competent authorities and be liable for compensation.
Article 24
Vessels and installations shall promptly make a report to the competent authorities if they discover any of the following situations:
(1) If navigation aids or navigational facilities malfunction or become abnormal;
(2) if an obstacle or drifting object jeopardizing the safety of navigation is discovered; or
(3) if there are other abnormal situations jeopardizing the safety of navigation.
Article 25
No obstacle affecting the efficacy of navigation aids may be erected or installed in areas surrounding the aids. Any lights in the vicinity of the navigation aids or navigational lanes that jeopardize navigation safety shall be properly screened.
Article 26
When removing or dismantling installations, salvaging or removing sunken ships or objects, and handling the finishing operations of underwater projects, no hidden dangers shall be left to menace navigational or operational safety. Before the aforesaid operations have been properly completed, their owners or managers must be responsible for erecting markers as required and making an accurate report to the competent authority on the type, shape, size and location of the obstacle and the depth of water over it.
Article 27
Safety administration must be strengthened with respect to harbour wharves, mooring points and loading spots outside of harbour areas as well as ship locks, so that they are always kept in good condition.
Article 28
To meet the requirements of maritime traffic safety, the competent authority shall fix and adjust traffic control areas and harbour anchorages. The designation of anchorages outside of harbour areas shall be announced by the competent authority after the report relative thereto has been submitted to and approved by higher authorities.
Article 29
The competent authorities shall, in accordance with relevant provisions of the state, be responsible for issuing navigational warnings and navigational notices.
Article 30
In order to ensure the safety of navigation, berthing and operations, the departments concerned shall maintain unimpeded communications facilities, ensure distinct and effective navigation aids and navigational facilities and, in a timely manner, provide offshore meteorological fore