ey must maintain safe and reliable equipment and conditions andobserve the state provisions governing the control and transport ofdangerous goods.Article 33When vessels load and transport dangerous goods, they must go through theprocedures for declaration to the competent authorities and they may notenter or leave the harbour or load or unload until approval has beenobtained.
【章名】Chapter VII Rescue from Disasters at Sea
Article 34When vessels, installations or aircraft are in distress, they shall, inaddition to issuing distress signals calling for help, use the quickestmethod possible to report to the competent authorities the time and placeof the accident, the extent of damage, the assistance required and thecause of the accident.Article 35Vessels, installations or aircraft in distress and their owners or mangersshall take all effective measures to organize their own rescue efforts.Article 36When vessels or installations in the vicinity of the scene of an accidentreceive a distress signal or discover that people's lives are endangered,they shall do their best to rescue the people in distress insofar as theirown safety is not seriously endangered, and promptly report to thecompetent authorities the situation at the scene, their own names, callnumbers and positions.Article 37Vessels or installations involved in a collision shall exchange theirnames, nationalities and ports of registry and do their best to rescuepersonnel in distress. The vessels involved may not leave the scene ofthe accident without authorization, insofar as their own safety is notseriously endangered.Article 38Upon receiving a request for rescue, the competent authorities shallimmediately organize a rescue operation. All units concerned and vesselsor installations in the vicinity of the scene must act under the orders ofthe competent authorities.Article 39When a foreign country intends to dispatch vessels or aircraft into theterritorial waters or the airspace over the territorial waters of thePeople's Republic of China to search for and rescue vessels or people indistress, it must obtain the approval of the competent [Chinese]authorities.
【章名】Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Article 40With respect to sunken or drifting objects that may affect the safety ofnavigation and the management of navigation lanes, as well as thoseconstituting a threat of explosion, the owners or managers thereof shallsalvage and remove such objects within a deadline set by the competentauthorities. Otherwise, the competent authorities shall have the right totake measures to compel the salvage and removal of the objects, and theirowners or managers shall bear all the expenses incurred thereby.The provisions of this Article shall not prejudice the rights of theowners or managers of the sunken or drifting objects to demandcompensation from third parties.Article 41No sunken vessels or sunken objects in the coastal waters may be salvagedor dismantled without the approval of the competent authorities.
【章名】Chapter IX Investigation and Handling of Traffic Accidents
Article 42Any vessel or installation involved in a traffic accident shall submit awritten accident report and relative materials to the competentauthorities and accept its investigation and handling of the accident.While being investigated by the competent authorities the parties involvedin the accident and relevant personnel must give a truthful account ofcircumstances at the scene of the accident and other relevant information.Article 43In the event of a traffic accident that involves a vessel or installation,the competent authorities shall ascertain the cause of the accident andfix the responsibility for it.
【章名】Chapter X Legal Liability
Article 44The competent authorities shall, in the light of the circumstances, imposeone or more of the following penalties on anyone who violates this Law:(1) warnings;(2) withholding or revoking work certificates; or(3) fines.Article 45If a party does not accept the penalty of a fine or revocation of his workcertificate imposed by the competent authorities, he may bring suit in apeople's court within 15 days after receiving notification of the penalty.If he neither brings suit nor complies with the penalty upon theexpiration of that period, the competent authorities shall requestcompulsory enforcement from the people's court.Article 46A civil dispute arising from a maritime traffic accident may be settledthrough mediation by the competent authorities. If the parties areunwilling to have the case mediated or if the mediation is unsuccessful,the parties may bring suit in the people's court. Parties to a caseinvolving foreign interests may also submit the case to an arbitrationagency for mediation, in accordance with the written agreement concludedbetween them.Article 47Those whose violation of this Law constitutes a crime shall beinvestigated for their criminal responsibility by judicial organs inaccordance with the Law.
【章名】Chapter XI Special Provisions
Article 48Within the waters of fishing harbours, the state fisheries administrationand fishing harbour superintendence agencies shall exercise the functionsand powers of the competent authorities as provided in this Law, beingresponsible for the supervision and administration of traffic safety andfor the investigation and handling of traffic accidents between fishingvessels in coastal waters. Concrete measures for implementation shall beseparately prescribed by the State Council.Article 49The internal administration of offshore military jurisdictional areas andmilitary vessels and installations, the administration of surface andunderwater operations carried out for military purposes, and theinspection and registration of public security vessels, the provision oftheir personnel and the issuing of their port entry and departure visasshall be separately prescribed by the relevant competent departments ofthe state in accordance with this Law.
【章名】Chapter XII Supplementary Provisions
Article 50For the purpose of this Law, the definitions of the following terms are:"Coastal waters" means the harbours, inland waters, territorial waters andall other sea areas under the jurisdiction of the state along the seacoastof the People's Republic of China."Vessels" means all types of displacement or non-displacement ships,rafts, seaplanes, submersibles and mobile platforms."Installations" means all types of surface and underwater structures orinstallations, whether fixed or floating, and fixed platforms."Operations" means investigations, exploration, exploitation, surveyconstruction, dredging, demolition, rescue, salvage, towing, fishing,aquatic breeding, loading and unloading, scientific experimentation andother surface and underwater operations.Article 51The competent department of the State Council shall, on the basis of thisLaw, formulate rules for its implementation, which shall go into effectafter being submitted to and approved by the State Council.Article 52In cases of conflict between laws and regulations pertaining to maritimetraffic safety hitherto promulgated and this Law, this Law shall prevail.Article 53This Law shall go into effect on January 1, 1984.
庫 名: 01. 國家法律法規(guī)庫(49年--94年)(全 部)