Shanghai Border Security Management

Original Language Title: 上海市沿海边防治安管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384489.shtml

Shanghai border security management

    (October 8, 2012 154th Meeting of Shanghai Municipal review on November 20, 2012, Shanghai Municipal People's Government promulgated as of January 1, 2013, 92nd) Chapter I General provisions

    Article I (purpose and basis)

    , Along the border, in order to strengthen the security management, maintaining order along the coast, according to the provisions of the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application) This regulation is applicable in this Chongming, Baoshan, Pudong new area, Fengxian district, gold mountain range along the coastal waters and berthing, navigation and production of all types of ships and related personnel of the border security management.

    But military vessels, ships, as well as the State-owned shipping company shipping, international shipping, otherwise prescribed by national ship except on border policing and related workers.

    Article III (Department of)

    Shanghai Public Security Bureau in the city's coastal border administration of public security departments, public security departments in charge of the city's coastal border security management.

    Fourth (Management Assistant in Department)

    Communications ports, agriculture, marine, environmental protection, water supply, industrial, maritime, entry-exit inspection and quarantine, customs and other administrative authorities in accordance with their respective responsibilities, cooperate with public security departments of border defense police management.

    Fifth (law enforcement interaction)

    Public security departments should work with agriculture, marine, environmental, water, maritime information sharing, law enforcement, customs and other departments established joint working mechanism, crack down on illegal and criminal activities, timely disposal of marine emergencies, jointly safeguard the coastal border order.

    Public security border Defense Department found violations of fisheries management, oceans management, environmental protection, marine traffic management, customs regulations and the damage or affect the safety of flood control facilities, should be stopped, and notice or be transferred to the relevant departments according to law.

    Sixth (encourages and rewards) Encourage units and individuals to assist the public security border Defense Department maintain ports, docks, marine border order.

    Units and individuals that found illegal and criminal activities or criminal suspects, suspected items, should report to the public security border Defense Department; verified, public security departments shall be rewarded.

    Chapter II administration of sea documents

    Seventh (sailing ship border documents)

    In accordance with the national provisions relating to ship registration, testing, marine, agriculture and other departments to collect the relevant documents of the city ship sailing operations, shall provide the port or shipping location of the public security Department for the sailing ships booklet.

    Other provinces that are not recipients of the sailing ships booklet ships entering coastal waters engaged in sea transport, shall, in accordance with relevant regulations of the State, the City Public Security Department for.

    Ship has not been provided for in the preceding two paragraphs of the recipients of the sea register of ships shall sail operations.

    Eighth (sea border personnel documents) At least 16 years of age, holders of the People's Republic of China seaman or the service book of crew personnel needs voyage work, shall provide the port location of the ship or the public security border control Department for a certificate of the boat people at sea.

    Without a certificate of the boat people at sea or the People's Republic of China seaman effective sea, crew service books and other documents of persons shall not be sailing operations.

    With the fishing vessel personnel for sea leisure travel shall be by the ship owner to register their ID, and in front of the sea border, where the shipping record no longer apply for certificate of the boat people at sea.

    Nineth (application) Apply to the sailing ships booklet and the sailing boat certificate of units or individuals should apply to the public security border Defense Department, and in accordance with the requirements to submit related materials.

    Public security departments should submit required materials list, acted in the service window and the publication on the website.

    Tenth (audit) Public security border Defense Department handling the party within 3 working days from the date of the application have been audited.

    To qualify, shall issue related certificates; on one of the following circumstances, not to be granted and shall inform the parties in writing:

    (A) defendants in criminal cases, public security, State security organs, people's procuratorates and the people's Court of the suspect;

    (B) sentenced to public surveillance, shall be sentenced to probation, parole and medical parole of criminals;

    (C) the Court shall notify the outstanding economic, civil cases;

    (D) the use of ships for smuggling or transporting of illegal exit and entry of personnel;

    (V) went to sea on national security harm or causing significant damage to national interests, and (vi) other circumstances as stipulated by laws, rules and regulations.

    11th (documents carry requirements)

    Picked of the sailing ship register of the ship and the boat people at sea permits or the People's Republic of China seaman effective sea, crew service books and other documents of the officer to sea navigation operations, should carry relevant certificates and examined by public security departments.

    Head of the ship shall not be employed in or carried out without a valid certificate of the officer to sea sailing operations.

    12th (document expiry date)

    The sea register of ships, the boat people at sea permit effective period of not longer than 4 years; temporary workers at sea the sea boat certificate of validity period indicated by the issuing authority, the maximum not more than 1 year.

    13th (annual certification) Public security departments in accordance with the relevant provisions of the State, to the sailing ships booklet, and undertake an annual audit of the boat people at sea permit.

    Without the annual verification of documents is invalid.

    14th (document changes)

    Ship update, modification, sale, transfer, lease or hold a certificate of the boat people at sea with the ship personnel changes, charge of the vessel shall provide the original certificate of public security departments dealt with the sea change of the register of ships.

    15th (Certificate cancellation)

    Ship lost or scrapped, persons holding a certificate of the boat people at sea to terminate at sea, should provide the original certificate relating to the public security Department of sea border documents cancellation procedures.

    Hold the sailing boat certificate of death, the original issuing public security border Defense Department cancel its certificate of the boat people at sea.

    16th (prohibited acts)

    Ban on the sailing ship of lend or use someone else register and the certificate of boat people at sea.

    Forgery, alteration, or use counterfeit or altered the sailing ships booklet, certificate of the boat people at sea.

    Chapter III security of ships, personnel management

    17th (security and prevention)

    Vessel is in charge security person, sailing ship captain management responsibility system of law and order.

    Ships at sea should be in accordance with the ship's tonnage, horsepower, fixed, established security organizations or security personnel.

    18th (ship identification) Ships shall, in accordance with the regulations, prepare, vessel name, vessel, indicating port and clear sound.

    Boat name, boat number, port of registry and other signs are not allowed to remove, move, covered, altered or forged.

    19th (ship border visas)

    Ships in and out of coastal waters, ports, terminals, time should be given to ports, terminals where public security border Defense Department of the border in and out of Hong Kong visa formalities, and examined by public security departments.

    20th (Act II)

    Ban on ships, engaged in the following activities:

    (A) the carrying, shipping jobs not related to confidential documents and materials to the sea;

    (B) illegal retention, floating prohibited items;

    (C) illegal interception or, intentionally ramming, driving others ' ships;

    (Iv) unauthorized access, docked state and this city prohibit, restrict access to coastal waters and Islands;

    (E) fishing disputes and other reasons, the detention or spoil, destroy ships at sea, as well as other items on board;

    (F) harassment ships offshore production operations;

    (VII) use of electric shocks, explosions, release toxic substances such as endangering public security operations;

    (H) the destruction, stealing other aquaculture, fishing facilities and products;

    (I) forced to buy, sell, request, exchange of catch or other items;

    (J) the illegal transportation, storage and sale of oil products;

    (11), smuggling, drug trafficking, trafficking in firearms, ammunition, organizing, transporting illegal exit and entry;

    (12) other activities prohibited by laws, rules and regulations.

    21st (reporting)

    Ship due to force majeure or necessity, entry, docked state and this city, prohibit, limit access to coastal waters, or island, upon returning to Hong Kong, shall immediately report to the public security departments, and questioning and inspection.

    22nd (ship's loss report)

    Cases of disappearance, sinking ships destroyed, ship owner shall immediately to the incident or issuing public security border Defense Department reports.

    The fourth chapter legal liability

    23rd (guideline articles)

    Acts in violation of these rules, People's Republic of China on public security administration punishments prescribed by the Act and other laws and regulations dealing with, from its provisions.

    24th (violation of sea leisure registration provisions of sanctions)

    Violation of paragraph II of this article eighth, head of the fishing vessel did not ship the sea leisure travel identity documents of persons registered, and reported to the public security department before the sea, by the public security border Defense Department ordered corrective action and give a warning, and may be fined 500 Yuan more than 1000 Yuan fine.

    25th (of document management at sea violations penalties)

    Any of the following acts, by the public security Department, the ship owner or other person in charge shall be fined a maximum of 1000 Yuan more than 5000:

    (A) in violation of this article seventh, eighth paragraph, in accordance with the rules of the sailing ships booklet shipping or without the personnel certificate valid at sea documents, such as sea boat people sailing operations;
(B) violation of the first paragraph of this article 16th, lend or use someone else's the sea register of ships and the sea boat certificate of;

    (C) in violation of this article 16th paragraph, forged, altered or forged or altered the sailing ship register and the certificate of boat people at sea.

    Any of the following acts, by public security departments in charge of the ship or the other persons given a warning and fined 200 Yuan more than 1000 the following fines:

    (A) the violations stipulated in paragraph one of this article 11th and 13th, sailing ships and personnel did not carry the required documents or carry documents without the annual audit;

    (B) in violation of these regulations section 11th paragraph, or carried out without a valid certificate of employment of the officer to sea navigation work;

    (C) in violation of the first paragraph of article 14th, 15th, not to handle the sea register of ships or the certificate changes, cancellation of boat people at sea.

    26th (violate the provisions of ships and personnel security administration punishment)

    Violation of these measures article 18th, one of the following acts, by public security border Defense Department ordered corrective action, the vessel owner or other person in charge shall be fined a maximum of 500 Yuan more than 5000:

    (A) prepared in accordance with the provisions marked boat name, boat and port of registry, or boat name, boat number, port of registry flag is not clear;

    (B) unauthorized removal, moving, hiding, altered, forged, vessel name, vessel, port and other signs.

    Any of the following acts, by public security departments in charge of the ship or the other persons given a warning and fined 200 Yuan more than 1000 the following fines:

    (A) in violation of these regulations article 19th, ports, terminals of ships in and out of coastal waters, not in accordance with the provisions of the border in and out of Hong Kong visa formalities;

    (B) violation of these measures article 21st ship due to force majeure or necessity, entry, docked state and this city, prohibit, limit access to coastal waters, or island, did not report to the public security border Defense Department after returning to Hong Kong;

    (C) violation of the provisions of this article 22nd, disappearance, sinking ships destroyed and so on, was not reported to the public security departments.

    27th (violation of provisions relating to the prohibition of penalties)

    In violation of this article 20th second, third, and sixth provisions, any of the following acts, by public security departments, the ship owner or other person in charge shall be fined a maximum of 1000 Yuan more than 5000 Yuan in serious cases, fined a maximum of up to 5000 Yuan and 20,000 Yuan:

    (A) the illegal retention, floating prohibited items;

    (B) intentionally ramming other vessels;

    (C) harassment offshore production operations of the ship.

    Violates this article 20th fourth stipulation, trespassing, docking in the city ban, limit access to coastal waters, or island, more than 500 by the public security border Defense Department fined a maximum of 1000 Yuan.

    28th (administrative)

    Public security border Defense Department staff, one of the following acts, by the unit or by the competent authorities directly responsible for the personnel and other persons directly responsible by warning or demerit; plot heavy, given a demerit or demoted in serious cases, dismissal:

    (A) without good reason, to meet the conditions of the sea border documents to apply for application as inadmissible;

    (B) the breach of the sea border of the document approval process;

    (C) finding violations, not to investigate in a timely manner.

    The fifth chapter by-laws

    29th (execution date) These measures shall take effect on January 1, 2013. December 29, 1999 Shanghai City Government makes 78th, released, according to January 9, 2001 Shanghai City Government makes 97th, released of Shanghai City Government on modified straddling Shanghai City river port management approach, 10 pieces regulations part terms of decided amendment, according to December 20, 2010 Shanghai City Government makes 52nd, announced of Shanghai City Government on modified straddling Shanghai City farm machinery accident processing provisional provides, 148 pieces municipal government regulations of decided amendment, February 7, 2012, published by the Shanghai Municipal People's Government, the 81st of the Shanghai Municipal People's Government to amend the Shanghai river ports 15 municipal government regulations, such as the management's decision to revise and republish the Shanghai border security regulations repealed simultaneously.