Guangdong Maritime Search And Rescue Work

Original Language Title: 广东省海上搜寻救助工作规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388874.shtml

Guangdong maritime search and rescue work

    (11th session of the people's Government of Guangdong Province, December 28, 2012 the 109th General Meeting March 28, 2013 182th promulgated by the people's Government of Guangdong Province as of May 1, 2013) Chapter I General provisions

    First in order to regulate marine search and rescue work, and timely and effective search and rescue persons in distress at sea, protect human lives and the safety of the marine environment, in accordance with the People's Republic of China maritime traffic safety law, the army to participate in emergency rescue and disaster relief provisions of the Ordinance and other laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article apply to the provincial maritime search and rescue area of responsibility search and rescue persons in distress, control of pollution-related activities.

    Adhere to people-oriented third maritime search and rescue work, the Government leadership, unity of command, the principle of territoriality, hierarchical accountability, community participation.

    Fourth power of maritime search and rescue organizations follow, rapid and effective principles of professional power and social forces combined combined, self-help and mutual help, the policy of combining military forces and local forces.

    Fifth maritime search and rescue's scope is:

    (A) maritime vessels and installations, grounding, collision, stranding, overturning, fire, explosion, damage, missing ability to manoeuvre, overboard, diseases, injuries, emergency personnel as well as due to natural causes the ship or oil platform, facilities personnel on incidents of threats to lives and property;

    (B) aircraft in maritime accidents such as falling or forced landing occurred.

    Chapter II Organization and function

    Sixth provincial government and the Guangzhou military area command unified leadership of the province's marine search and rescue work, the establishment of maritime search and rescue Center of the province is the province's marine search and rescue command, is responsible for organizing, coordinating, directing the provincial maritime search and rescue area of responsibility of ship anti-tropical cyclone and the prevention of pollution from ships and facilities area and life at sea, search and rescue efforts (hereinafter "two anti-save").

    Seventh coastal prefecture-level municipality should establish or determine the responsibility for maritime search and Rescue Department, responsible for organizing, coordinating, directing, maritime search and rescue area of responsibility, the "two anti-saving" work.

    Coastal County establish, as necessary, or determining the responsibility for maritime search and rescue departments, is responsible for organizing, coordinating, directing the County's maritime search and rescue area of responsibility "two anti-saving" work. The provincial maritime search and rescue Center and in accordance with the provisions of the preceding two paragraphs to take sectors of maritime search and rescue work, collectively called the maritime search and rescue command.

    Next level of maritime search and rescue command authority on the accepted level of maritime search and rescue command or the guidance of relevant departments.

    Eighth coastal prefecture-level city of maritime search and rescue area of responsibility drawn by the provincial maritime search and rescue centre programme, approved by the provincial people's Government announced, and the China maritime search and rescue Center for the record.

    Coastal maritime search and rescue area of responsibility of the county level up to level maritime search and rescue, command the so-called programme, approved by the prefecture-level city people's Government announced, and submitted to the provincial maritime search and rescue Center for the record.

    Nineth relevant government departments involved in maritime search and rescue should perform the following duties:

    (A) police sector organization this sector power participation sea emergency action; is responsible for maintenance sea search rescue site security order and land traffic control; provides fire equipment and technology support; for transnational across area sea emergency action personnel provides immigration convenient service; for injured, and seriously ill, need rescue of entry personnel provides entry convenience service; is responsible for rescued foreign nationality personnel of repatriation and for death personnel of rehabilitation processing provides convenience.

    (B) the Home Office do rescue personnel temporary placement, basic relief work and disaster deaths due to cremation; in accordance with relevant policies of the State maritime search and rescue in the disabled, rescue workers sacrificed preferential pensions work.

    (C) the financial burden of departments in accordance with the classification principles, responsible for providing the financial security of maritime search and rescue work.

    (D) the transport sector is responsible for directing, coordinating, monitoring for maritime search and rescue operations of passenger and freight transport of key materials and emergency.

    (E) the health Administrative Department shall coordinate with establishing linkage mechanism, coordination of medical treatment of wounded on sea, remote medical consultation on the sea.

    (F) Foreign Affairs Department is responsible for marine search and rescue operations in the foreign policy guidance and coordination work.

    (G) marine and Fisheries Department is responsible for organizing fishing vessels and fishing vessels involved in maritime search and rescue operations for the coordination; coordinates the rehabilitation of rescued fishing boat fishermen work; is responsible for locating, providing detailed information on fishing boats.

    (H) the work safety supervision and management departments with maritime dangerous goods accident disposal and related work involved in maritime search and rescue.

    Article tenth of maritime search and rescue work in Guangdong of the central unit shall perform the following duties:

    (A) the maritime administrative agency to organize and coordinate the relevant vessels or installations involved in maritime search and rescue operations, responsible for issuing navigational warnings relating to maritime search and rescue operations, responsible for finding, provides detailed information about the ship.

    (B) the Ministry of transport of the South China sea rescue Bureau first aid flights, the South China Sea in coordination with the provincial maritime search and rescue Center to ensure implementation of maritime search and rescue missions.

    (C) Guangzhou salvage Bureau of the Ministry of transport is responsible for the implementation of emergency salvage, emergency removal of oil spill emergency response at sea.

    (D) the Civil Aviation Administration is responsible for coordinating search and rescue aircraft navigational safety and security; coordinate search and rescue aircraft and refuel outside and parking problems.

    (E) traffic management is responsible for organizing and coordinating telecommunications operators providing emergency communications for maritime search and rescue security, location information for mobile communication services and technical support.

    (Vi) Meteorological Department is responsible for providing our provincial waters daily weather forecasts, tropical cyclone, cold winds and other severe weather information and related meteorological information required for maritime search and rescue operations.

    (G) the State Oceanic Administration Nanhai branch responsible for providing marine environmental forecasting and Ocean disaster warning information; be responsible for providing persons in water drift trajectory prediction; organizational strength in this sector take part in maritime search and rescue operations.

    11th garrison and armed police force, the Customs and Excise Department and other units of the ships, aircraft are an important force in our provincial maritime search and rescue, should be actively involved in marine search and rescue operations.

    Army sent forces to the maritime search and rescue operations, as well as joint search-and-rescue training, exercises, mobilization of troops command of authority, organization, propaganda reports, as well as material and financial matters relating to guarantees in accordance with the relevant provisions of the army.

    12th Hong Kong shipping companies, airlines and other units based on maritime search and rescue command structure should be asked to participate in search and rescue operations at sea, and obedience to the command of the maritime search and rescue command.

    Chapter III maritime search and rescue operations

    13th Marine and meteorological departments should timely collection, research and analysis may result in danger at sea, tropical cyclones, cold winds, tidal waves and other information, according to the relevant regulations of the State warning information, and to inform the maritime search and rescue command.

    Maritime search and rescue command institutions shall, depending on level, organization and coordination related to maritime search and rescue ready units in a timely manner.

    The relevant port and shipping units and activities at sea of ships, facilities, and personnel should pay attention to receive warning information depending on the alert level and take appropriate precautions.

    14th ship, facilities, aircraft or personnel at sea when the emergency occurred, shall promptly send a distress message.

    Other units, vessels, facilities, aircraft or personnel to learn maritime distress information, shall promptly report to the nearest marine search and rescue command.

    15th units and individuals in accordance with the provisions on maritime search and rescue command structure after reports of danger and request relief, ships in distress, facilities, aircraft or rescue, he lifted emergency officers shall promptly report to the maritime search and rescue command.

    Units of the 16th and personal alarm equipment maintenance and personnel management should be strengthened to prevent the danger of false positives; after discovering false positives, should take immediate measures, take the initiative to remove.

    No unit or individual shall not misrepresent or deliberately exaggerating the dangers at sea.

    17th marine search and rescue command after receiving the maritime emergency reporting should record to verify distress to determine the danger level, timely search and rescue organizations, and addressed the people's Governments and upper level command authority on maritime search reports.

    Is not part of the search-and-rescue sea danger area of responsibility should be immediately reported higher marine search and rescue command and communicated to the adjacent area maritime search and rescue command responsibility.

    In emergency situations, first reported by telephone, a written report.

    Article 18th, facilities, or personnel of civil aircraft in distress at sea, shall take all necessary measures to save themselves and avoid the pollution causing or likely to cause pollution, should immediately start the appropriate contingency plans and take measures to control and eliminate pollution, and to report to the maritime administrative agency.

    19th point near the scene of the ship at sea, civil aircraft receive maritime distress message or after receiving instructions on maritime search and rescue command, on the premise of not serious danger to their own safety, shall promptly conduct search and rescue. Article 20th marine search and rescue duties, after receiving instructions on maritime search and rescue command, should be implemented immediately.

    Justified cannot be implemented immediately, shall call report and promptly reports to the maritime search and rescue command written. 21st scene of search and rescue operations under the command of maritime search and rescue agencies are specified.

    In front of the command is not specified, the first units arrived at the scene of the rescue (ships and aircraft) should automatically assume the responsibilities of command.

    All maritime search and rescue ships, installations or aircraft shall obey the command of the unified command.

    Direct shall promptly report to the maritime search and rescue command situation and progress in the search and rescue, maritime search and rescue command instruction is executed.

    22nd join the maritime search and rescue ships, installations or aircraft without approval of the agencies responsible for maritime search and rescue command under the command of, and are not allowed to exit the maritime search and rescue operations.

    23rd in command of marine search and rescue command structure based on weather, sea conditions, technical conditions of objective conditions, decide to suspend or restore the marine search and rescue operations.

    24th under any of the following circumstances, termination of maritime search and rescue operations:

    (A) all the persons in distress area have been searched;

    (B) persons in distress at the time of the air temperature, water temperature, wind and wave conditions to survive the possibility no longer exists;

    (C) the maritime distress emergency response has been successful or emergency has ceased to exist. End of search and rescue at sea under the command of maritime search and rescue agencies decide, if necessary, and submit them to the level people's Government for decision.

    Maritime search and rescue command termination decision should be in time to participate in maritime search and rescue units and individuals informed.

    25th to participate in marine search and rescue units, vessels, facilities, and aircraft and other, related work shall be doing search and rescue operations records.

    26th marine search and rescue information centrally by the agencies responsible for Maritime Search Help command under the command of release, other units and individuals are not allowed to publicize or disseminate information on maritime search.

    27th marine search and rescue command authority should establish and perfect evaluation system after the search and rescue operation, relying on the expert group to assess social forces in search and rescue operations after the establishment (library).

    Provincial maritime search and rescue Center organized experts to mega and major maritime response evaluated and submitted to the China maritime search and rescue Center.

    Coastal cities and counties on maritime search and rescue command organization responsible for organizing experts to larger and assess the General emergency operations at sea, and marine search and rescue command newspaper level.

    Fourth chapter on maritime search and rescue protection

    28th coastal people's Governments above the county level shall strengthen leadership of the maritime search and rescue work, establish the maritime search and rescue system, the corresponding level emergency coordination mechanism, improve emergency plans and supporting measures for its implementation, strengthen capacity-building in maritime search and rescue.

    The 29th undertaking maritime search and rescue tasks of the people's Governments above the county level shall incorporate the requirements for maritime search and rescue budget.

    30th communications administrative departments shall ensure that maritime search and rescue emergency communication channels are unblocked and contingencies provided temporary emergency communication lines and communication equipment in a timely manner. 31st marine search and rescue command to carry out search and rescue operations at sea, requisitioning units and personal property. After use of expropriated property, shall be promptly returned.

    Property is expropriated, compensation in accordance with the relevant provisions of national and provincial.

    Deal with the aftermath of the 32nd saved:

    (A) the persons rescued Hong Kong S.A.R., and Macau S.A.R. and Taiwan areas, by the Hong Kong and Macao Affairs Office and the Taiwan Affairs Office of coordination. (B) the persons rescued by foreign personnel, from its dispatch, the actual employer or its ocean shipping agency responsible for processing.

    When necessary, resolved by the Department of Foreign Affairs.

    (C) unable to determine the true identity of the distress of persons rescued, by the public security sector coordination.

    Article 33rd made outstanding achievements in marine search and rescue units and individuals, under the command of maritime search and rescue agencies and the competent departments to give recognition.

    34th article of any unit and individual have the right to maritime search and rescue command authority complaints, reporting violations of maritime search and rescue work, maritime search and rescue command structure should be released to public complaints.

    Fifth chapter on maritime search and rescue cooperation

    35th provincial maritime search and rescue Center should strengthen exchanges and cooperation with neighboring provinces and Hong Kong and Macao regions, and constantly improve the maritime search and rescue cooperation mechanism; according to the cooperation mechanisms or requirement of the China maritime search and rescue Center, organized participation in inter-provincial emergency response at sea.

    36th of municipal and County marine search and rescue command should strengthen exchanges and cooperation between the regional, establish and improve maritime search and rescue cooperation mechanism; according to the cooperation mechanisms or by the search and rescue command requirements and organize forces for maritime distress emergency operations in cross city and County.

    The 37th Hong Kong S.A.R., and Macau S.A.R. maritime search and rescue agencies to send aircraft into maritime search and rescue area of responsibility to carry out search and rescue operations in the province, shall apply to the provincial maritime search and rescue Center and various matters related to the provincial maritime search and rescue Center of Guangzhou military area command for approval.

    Article 38th needs and Taiwan area search and rescue authorities for maritime search and rescue work, the provincial maritime search and rescue Center will be reported to the China maritime search and rescue Center, the China maritime search and rescue Center is responsible for organizing and coordinating search and rescue operations, or at the China maritime search and rescue Center under the authority of the provincial maritime search and rescue Center and Taiwan directly linked to maritime search and rescue operations and search-and-rescue departments.

    The sixth chapter legal liability

    39th article violation this provides 16th article, found errors alarm Hou not active elimination effect, lied about or deliberately exaggerated sea danger of, which occurred of sea search rescue costs by party bear, and by maritime management institutions on citizens can at 50 Yuan above 100 Yuan following of fine, on corporate or other organization can at 5000 Yuan above 20000 Yuan following of fine; violation security management provides of, by police organ law be punishment.

    40th article of responsibility for maritime search and rescue units and individuals in violation of these provisions, not to perform the statutory duties of, and monitored by the competent departments or agencies shall order rectification has one of the following, under the command of maritime search and rescue agencies to report, and recommended that the relevant departments of the persons responsible shall be subject to punishment:

    (A) upon receipt of a directive on maritime search, without justifiable reasons not to participate or not participate in maritime search and rescue in a timely manner;

    (B) refuses to accept the maritime search and rescue operations from the marine search and rescue command, or to direct the Organization, coordination and command;

    (C) unauthorized withdrawal of maritime search and rescue operations.

    41st in violation of the provisions of article 26th, allowed to publish or disseminate to the public adversely affect marine search and rescue information, under the command of maritime search and rescue agencies ordered to remove; breach of security regulations, the public security organs shall be punished.

    42nd unit or staff in maritime search and rescue operations in abuse, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    43rd inland water search and rescue work can be performed in accordance with these provisions. The 44th article of the regulations come into force on May 1, 2013. On December 5, 1995, Guangdong Province, people's Governments, the people's Liberation Army Guangzhou military region set issued by the Guangdong provincial maritime search and rescue (Yue Fu [1995]99) and December 22, 1997, Guangdong Province, people's Governments, the people's Liberation Army Guangzhou military region issued by the Guangdong provincial maritime search and rescue work on revising provisions notice (Yue Fu [1997]100) repealed simultaneously.