REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATIONAND HANDLING OF MARITIME TRAFFIC ACCIDENTS

REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATIONAND HANDLING OF MARITIME TRAFFIC ACCIDENTS 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 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS (Approved by the State Council on January 11, 1990, promulgated by Decree No. 14 of the Ministry of Communications on March 3, 1990) Chapter I General Provisions Article 1 These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People's Republic of China in order to strengthen the control of maritime traffic safety and promptly investigate and handle maritime traffic accidents.

Article 2 The harbour superintendency establishments of the People's Republic of China shall be responsible for implementing these Regulations.

Article 3 These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters of the People's Republic of China. If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime traffic accidents happening in the fishing port waters or of the maritime traffic accidents happening between fishing vessels or between military vessels in the coastal waters, these special provisions shall prevail.

Article 4 The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations: (1) collision, strike or damage by waves; (2) hitting hidden rocks or running aground; (3) fire or explosion; (4) sinking; (5) damage or loss of machinery parts or important tools during a voyage which affects the vessel's seaworthiness; (6) other maritime traffic accidents which cause losses in property and human lives.

Chapter II Report Article 5 The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to the harbour superintendency administration at the nearest harbour by a high-frequency telephone, radiotelegram or other effective means. The content of the reports shall include: name of the vessel or installation, call sign, nationality, port of departure and port of arrival, owners or managers of the vessel or installation, when and where the accident happened and the attending circumstances on the sea, the extent of damage of the vessel or installation, request for salvage, etc.

Article 6 The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making brief reports immediately in accordance with the provisions in Article 5, submit the Report Concerning Maritime Traffic Accidents and other necessary documents and materials according to the following stipulations to the harbour superintendency administration: (1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit a report and other materials to the local harbour superintendency administration within 24 hours after the accidents.

(2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it is necessary to submit a report and other materials within 48 hours after the vessels arrive at the first harbour in the People's Republic of China to the harbour superintendency administration; in the case of installations, it is necessary to report by telegram, the content of which shall cover all the items required in the Report Concerning Maritime Traffic Accidents to the harbour superintendent at the nearest harbour within 48 hours after the accidents.

(3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic Accidents to the local harbour superintendency administration within 24 hours after his return to the harbour. If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set in paragraphs (1) and (2) of this Article, the time limit may be appropriately extended after permission is obtained from the harbour superintendency administration.

Article 7 The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents: (1) basic conditions of the vessel or installation and the data concerning its main functions; (2) name and address of the owner or manager of the vessel or installation; (3) when and where the accident happened; (4) the climatic conditions and the conditions on the sea when the accident happened; (5) a detailed description of the course of the accident (for a collision, a sketch map illustrating the face-to-face movements shall be attached); (6) degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to make a thorough investigation within the set time limit, a report shall be submitted at a later date after the examination.) (7) estimated location of sinking in case where the vessel or installation sank; (8) other information related to the accident.

Article 8 A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falsification.

Article 9 If a vessel or an installation is damaged due to a maritime traffic accident, the captain of the vessel or the person in charge of the installation shall apply to China's local inspection department or the inspection department at the vessel's first port of arrival in China for inspection or appraisement and send a copy of the inspection report to the harbour superintendency administration for the record.

The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant units or departments and the expenses shall be borne by the owner or manager of the vessel or installation. If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of the installation must apply to a fire fighting brigade in the public security organ for an appraisement and send a copy of the appraisement report to the harbour superintendency administration for the record.

Chapter III Investigation Article 10 Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen in the waters of their respective harbour areas. The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency administration of the nearest harbour or that of the vessel's first port of arrival in the People's Republic of China. The Harbour Superintendency Administration Bureau of the People's Republic of China may designate a harbour superintendency administration to carry out the investigation, if the Bureau deems it necessary.

When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations to take part in the investigation of the accidents.

Article 11 Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation shall be carried out in an objective and all-round manner and must not be restricted by the information provided by the parties involved in the accidents. If the investigation warrants it, the harbour superintendency administration has the right to: (1) question the persons concerned; (2) demand written material and testimonial form the persons under investigation; (3) demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, data of the vessel, functions of the navigation equipment and instruments and other necessary original papers and materials; (4) examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness of the vessels and technical conditions of the installations before the accident; (5) examine the damage to the vessels, installations and goods and ascertain casualties of personnel; (6) survey the scene of the accident and collect relevant material evidence. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may resort to other means of investigation permitted by law.

Article 12 The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident and provide authentic papers and materials.

In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons being investigated.

Article 13 If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) involved to sail to the spot for investigation. Except when its (their) own safety is in danger, the vessel(s) involved must not leave the said spot without the permission of the harbour superintendency administration.

Article 14 The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well as maritime arbitration committees and other organs and personnel designated under the law may consult, make extracts of or duplicate the findings concerning maritime traffic accidents prepared by the harbour superintendency administration for the purpose of handling cases. Judicial organs may borrow these findings if they are really needed in the trials.

Chapter IV Handling of Accidents Article 15 The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report on Findings Concerning Maritime Traffic Accidents, in which causes of the accidents shall be ascertained and the responsibility of the persons concerned be determined. A serious accident shall be reported to the local procuratorial organ.

Article 16 The Report on Findings Concerning the Maritime Traffic Accident shall include the following items: (1) basic conditions of the vessels or installations and the main data; (2) names and addresses of the owners or managers of the vessels or installations; (3) when and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage; (4) causes of the accident and evidence thereof; (5) liabilities of the parties involved and evidence thereof; (6) other relevant information.

Article 17 The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following penalties according to law to the persons who are held responsible for the maritime traffic accidents: (1) warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working on the installations are of Chinese nationality; (2) warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or their faults may be reported to the competent organs of their respective countries.

Article 18 If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations who are held responsible for the maritime traffic accidents, the harbour superintendency administrations shall submit the cases to their competent organs or the organs in charge of administrative supervision. With respect to persons whose action constitutes a crime, the judicial authorities shall, in accordance with the law, investigate their criminal responsibility.

Article 19 The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and managers of the vessels involved or installations involved to strengthen safety control over their vessels or installations within a time limit. In case of refusal to strengthen safety administration or failure to meet the safety requirements within the said time limit, the harbour superintendency has the right to order the vessels or installations to suspend navigation, change courses or suspend operation and may adopt other necessary compulsory measures.

Chapter V Mediation Article 20 If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties may apply to the harbour superintendency administration for mediation.

Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed.

Article 21 If a suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil disputes mentioned in the preceding article shall not apply to the harbour superintendency administration for mediation.

Article 22 Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour superintendency administration responsible for the investigation of the accident. If guarantees are demanded by the harbour superintendency administration the parties shall provide papers of economic compensation guarantee.

Article 23 If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation document shall include the following items: names and addresses of the parties, names and positions of the legal representatives, main points of the disputes, liabilities of the parties, content of the agreement, payment of the mediation fees and the time limit for the execution of the mediation agreement. The parties concerned shall jointly sign the mediation document and the superintendency administration shall confirm it by affixing its seal thereon. One copy of the mediation document shall be held by each party concerned and one copy kept by the harbour superintendency administration.

Article 24 All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renege or fail to execute the agreements within the time limit after the agreement is reached, the mediation shall be regarded as failing.

Article 25 If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from it, the party shall send a written application to the harbour superintendency administration for mediation cancellation and notify the other party to the dispute at the same time.

Article 26 If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the date of receipt of the application for mediation, the mediation may be announced as failing.

Article 27 If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime arbitration organ for arbitration.

Article 28 Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation charges shall be worked out by the Ministry of Communications in conjunction with the State Administration for Commodity Prices and the Ministry of Finance.

If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties' faults or the agreed proportions. If mediation has failed, the expenses shall be shared out equally among the parties.

Chapter VI Penalties Article 29 The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on the persons concerned (natural person), or impose a warning or a fine of not more than 5,000 yuan on the owners or managers of the vessels, if they violate these Regulations in one of the following manners: (1) failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic Accident or duplicate copies of the documents of court verdict, arbitration award or mediation document as stipulated in Article 32 of these Regulations within the time limit; (2) failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the permission of the harbour superintendency administration when nothing is endangering the vessel(s); (3) affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident report or the Report Concerning Maritime Traffic Accident does not meet the stipulated requirements or it is not truthful; (4) affecting the investigation of the accident by violating the provisions of Article 9; (5) refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency administration; (6) intentionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs shall investigate their criminal responsibility according to law.

Article 30 Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour superintendency administrations who violate the provisions of these Regulation, neglect their duties, abuse their powers, engage in malpractices for selfish ends and ask for and accept bribes. If their acts constitute crimes, their criminal responsibilities shall be investigated by judicial organs according to law.

Article 31 If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according to the provisions of these Regulations, they may bring a suit in a people's court according to law.

Chapter VII Special Provisions Article 32 If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People's Republic of China, their owners or managers shall report to the harbour superintendency administration where the vessels have registered and shall submit the Report Concerning Maritime Traffic Accident within 60 days after the accidents happened. If lawsuits, arbitrations or mediations concerning the accidents take place abroad, the owners or managers shall submit copies or photocopies of the court verdicts, awards or mediation documents to the harbour superintendency of the harbour where the vessels have registered for the record within 60 days after the termination of the lawsuits, arbitration or mediation.

Article 33 If crew members of Chinese nationality holding job qualification certificates of the People's Republic of China are held responsible for maritime traffic accidents while they are working on board foreign vessels, their respective units in China shall submit the Report Concerning Maritime Traffic Accidents to the harbour superintendency administration issuing the job qualification certificates within 60 days after the accidents happened.

The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt with in accordance with the relevant provisions of these Regulations.

Chapter VIII Supplementary Provisions Article 34 With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent threats of potential major accidents, although direct traffic accidents have not been caused, the harbour superintendency administration may carry out investigation and mete out penalties according to the provisions of these Regulations.

Article 35 The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant laws and regulations of China concerning marine environmental protection.

Article 36 These Regulations shall be interpreted by the Ministry of Communications.

Article 37 These Regulations shall go into effect as of the date of promulgation.