Interim Provisions of Jiangsu Province on Public Security Administration of Coastal Ports and Vessels
时间:2012-12-11  浏览次数: 159

  (Adopted at the 70th Executive Meeting of the People’s Government of Jiangsu Province and promulgated by Decree No. 10 of the People’s Government of Jiangsu Province on January 17, 1991; amended for the first time in accordance with Decision of the People’s Government of Jiangsu Province on the Amendment of the 11 Regulations including Measures of Jiangsu Province on Management of Vessel Inspection deliberated and adopted at the 78th executive meeting of the People’s Government of Jiangsu Province on November 13, 2006 and promulgated by Decree No. 33 of the People’s Government of Jiangsu Province on November 20, 2006 and coming into effect as of the date of promulgation; amended for the second time in accordance with Decision of the People’s Government of Jiangsu Province on the Amendment of the 21 Regulations Including Measures of Jiangsu Province on Tobacco Monopoly Management, deliberated and adopted at the 59th executive meeting of the People’s Government of Jiangsu Province on January 4, 2011 and promulgated by Decree No. 68 of the People’s Government of Jiangsu Province on January 7, 2011 and coming into effect as of the date of promulgation.)
  Chapter I General Provisions
  Article 1 These Provisions are enacted, in accordance with relevant provisions of the state and in light of the specific situation of this Province, and for the purpose of strengthening the coastal public security administration and safeguarding the frontier public order.
  Article 2 These Provisions shall apply to the coastal ports of this Province and the state-owned, collective and private vessels used in fishing, aquaculture, transport and other activities along the coast of this Province.
  Article 3 All types of seagoing vessels (hereafter abbreviated as vessels) and seagoing sailors, fishermen, boatmen and other personnel (hereafter abbreviated as fishermen and boatmen) shall observe the security and border administration of the border public security organs and be checked up and verified.
  Chapter II Vessel Management
  Article 4 Seagoing vessels shall be registered according to law and a household register or a border defense register for seagoing vessels shall be obtained from the frontier public security authorities.
  Article 5 The building, renovation, transformation, trading, scrapping, transferring and leasing of all types of vessels by the collectives and inPiduals shall be approved by the competent department at or above the county level and registered for record within five days by the local frontier police station of the port with which the vessels are affiliated, while the formalities of register, transfer and writer-off of the vessels shall be gone through.
  When vessels are stolen, hijacked, wrecked or floating away, it shall be reported to both the local frontier police station where the incident occurs and the police station of the port with which the vessels are affiliated.
  Article 6 The system of overall security responsibility by captains shall be exercised on all types of vessels. A public security group or security inspectors shall be set respectively according to the size and capacity of the vessels to be in charge of the onboard security and offshore production safety.
  Chapter III Management of Fishermen and Boatmen
  Article 7 Fishermen and boatmen aged 16 and over who do not hold a seaman’s card of the People’s Republic of China and a sailor’s service book shall apply to the frontier public security authorities for a seagoing boatman card as required when they go to sea for work.
  It is strictly prohibited to go to sea for work without such a card, or hire and carry persons without such a card out to sea.
  Article 8 For any of the following persons, the frontier public security organ may refuse to issue the seagoing papers or may recall them:
  (1) persons on probation, on parole, under public surveillance, on bail for medical treatment or serving their sentences outside prison as judged by the people’s court;
  (2) defendants and suspects of criminal cases;
  (3) persons involved in unresolved economic and civil cases as notified by the people’s court; or
  (4) other persons who are not suitable to go to sea for work as stipulated by laws, regulations and rules.
  Article 9 The township people’s government and operating units shall strengthen their leadership and management over their vessels, fishermen and boatmen, and carry out publicity and education in policy, legal system, security and secret-keeping among fishermen and boatmen.
  Article 10 Fishermen and boatmen shall strictly observe the laws of the state and relevant provisions on vessels, ports and frontier security management, help safeguard the coastal security, and be brave to fight all kinds of illegal and criminal acts such as sea smuggling, drug trafficking, and crossing the national border illegally. Anything suspicious spotted shall be reported immediately to the frontier public security organs and the garrison troops; all illegal propaganda materials picked shall be submitted to the frontier public security organs.
  Article 11 The vessels, fishing gears or other objects picked by fishermen and boatmen at sea shall be turned over to the frontier public security organs, and shall not be hidden, realized or held for private use by any unit or inPidual.
  Article 12 Fishermen and boatmen shall not moor to foreign vessels without permission; they shall not extort anything from or trade with the crew of vessels from foreign counties, Hong Kong and Taiwan; they shall not anchor to foreign islands, ports or waters restricted to enter by the state without authorization; they shall not leak any state secret; they are strictly prohibited from helping or engaging in illegal or criminal acts such as smuggling, drug trafficking, illegally crossing the national borders, arms trafficking, robbery and theft, or other activities endangering national sovereignty and security.
  Chapter IV Port Management
  Article 13 A port management organization shall be established and a management system for ports and vessels shall be set up by relevant departments under the leadership of the local government at key ports which harbor relatively large number of vessels with complicated circumstances.
  Article 14 Mass organizations for public order such as joint public security patrol teams and port-guarding teams shall be established at coastal ports and, under the unified leadership and guidance of frontier public security authorities, to help in preventive work such as inspection of ports and vessels, protection of villages and ships, patrols at sea, and setting up of checkpoints.
  Article 15 Vessels entering ports shall berth in prescribed areas. It is strictly forbidden to scramble for berths, anchor or moor to places which may endanger vessels, facilities or human lives and which may not be suitable for berthing, and embark or debark personnel or cargo at the coast outside the berth area. Vessels mooring in port shall be taken care of with concrete measures. Medium and large vessels shall be guarded by duty personnel and small vessels shall be watched over collectively by attendants.
  Article 16 Vessels departing ports shall not be let out when they do not go through passport signing from the local frontier police station.
  Article 17 Taiwan vessels which come to berth along the coast of Jiangsu Province shall anchor in the special berths for Taiwan vessels in the ports of Dayanggang and Lianyungang; Taiwan vessels seeking shelter from storms may also anchor in the special berths for Taiwan vessels in the ports of Huangshagang and Xinyanggang. (Any change in the number of such berths shall be promulgated by the provincial people’s government.) The management of Taiwan vessels shall be exercised in accordance with Detailed Rules of Jiangsu Province on Frontier Defense Administration of Taiwan Vessels in Coastal Ports.
  Chapter V Punishment
  Article 18 For any violation of these Provisions, where there are other provisions by laws and regulations, those provisions shall be followed.
  Article 19 Any of the following acts by the seagoing vessels or fishermen and boatmen shall be given a warning or fined not more than RMB 200 yuan:
  (1) vessels entering or departing ports fail to go through the formalities of reporting and signing for passport as required by these Provisions;
  (2) vessels and fishermen and boatmen going to sea for production or transportation fail to hold a household register for seagoing vessels and a seagoing boatman card;
  (3) vessels are not fully equipped with survival apparatus and firefighting equipment;
  (4) vessels entering port fail to be taken care of with measures as required or fail to berth at prescribed places, and embark and debark personnel or cargo without permission;
  (5) seagoing personnel fail to report and turn over the vessels, fishing gears and other objects they pick at sea to the frontier public security authorities; or
  (6) extorting objects from foreign vessels or exchanging objects with them.
  Article 20 Any of the following acts by the seagoing vessels or fishermen and boatmen shall be fined not more than RMB 200 yuan, and where the case is serious, they shall be fined not less than RMB 200 yuan but not more than RMB 1,000 yuan:
  (1) carrying persons without identification papers to the sea without authorization from the frontier public security authorities;
  (2) not having names and numbers attached to the vessels or using removable numbers deliberately;
  (3) failing to register for the vessels as required;
  (4) tempering or leasing the household register for seagoing vessels and the seagoing boatman card; or
  (5) possessing or disseminating illegal propaganda materials.
  Article 21 Acts of repeatedly violating these Provisions and causing serious consequences or coercing others to violate these Provisions, or retaliating against informants may be punished severely.
  For acts which shall be punished according to these Provisions, where the case is not serious and the violator is willing to admit and correct his or her violations after persuasion, they may be given a mild punishment or exempt from being punished.
  Chapter VI Judgment and Implementation
  Article 22 Punishment for any violation of these Provisions shall be judged by the public security organ.
  Article 23 Judgment on more than two violations of these Provisions shall be given separately and executed together.
  Article 24 When the interested party is not satisfied with the final judgment, he or she may apply for an administrative reconsideration or file an administrative suit.
  Article 25 The border policemen shall enforce the law impartially and shall not engage in malpractices for personal gains, extort or take bribes, and misuse the law in rendering judgments. Violators shall be given an administrative punishment. Where a crime is constituted, the criminal liabilities shall be investigated for according to law.
  Article 26 These Provisions shall enter into effect as of the day of promulgation.

 

 

苏ICP备05009012号 版权所有:江苏省司法厅 | 网站地图

网站标识码: 3200000041 公安机关备案号: 32010602010384 联系电话: 025-83591000