(Adopted at the 67th ordinary meeting of the Government of the Grand province, on 26 November 2010, No. 76 of the Decree No. 76 of 2 December 2010 on the People's Government of the Southern Province, which was issued as from 1 January 2011)

In order to fully implement the letter of the Executive Office of the Department of State on issues related to the preparation of regulations clean-up work (No. [2010]28), the provincial Government organized a comprehensive clean-up of existing effective government regulations in municipalities, self-government and provincial government departments. Following the consideration of the 67th ordinary meeting of the provincial Government on 26 November 2010, it was decided to amend three Government regulations, such as the Gang Province's Implementation of the Rules for the Prevention of Backage, as follows:

Executive Decree No. 27 of 9 July 2002

An increase in Article 8: “Where there is a mandate to prevent drought, flood control programmes should be developed in accordance with approved fire-prone programmes. Jurisdictional water administration authorities should develop flood control programmes with the relevant local people's governments, with the approval of the competent anti-Semitism command. Following the approval of the flood movement control programme, the Governments of the local population must be implemented. Changes in the flood movement control programme should be reported to be approved by the authorized authorities.”

Article 8 has been amended as article 9 to read: “Institution units with a mandate to prevent the flooding in the area and the flood movement control programme, the establishment of this unit's anti-hazard measures, with the consent of the Headial Command, shall be approved by the superior authorities.”

Article 36, as article 37, amends the first to read: “No implementation of a programme of control, flood control programmes and directives for flood risk prevention is carried out by the competent command and control agencies”.

ii. Transport accident treatment in Gang Province (published by Government Order No. 16 of 1 July 2001 and amended by Government Order No. 4 of 25 June 2004)

The heading amends the treatment of road accidents within the Gang Province.

Article IV, paragraph 1, was amended to read: “The provincial maritime administration is responsible for a investigation into a major incident involving three or nine women; the city, the State's maritime administration is responsible for the handling of one death and disappearance of one to two major accidents, general accidents and small accidents, and reports on accidents to the provincial maritime administration; accidents in areas where no maritime administration has been established, before being processed by local transport authorities, carefully recorded and immediately reported to the provincial maritime administrations to assist the provincial maritime management in investigating accidents. Paragraph 3 was amended to read: “The communes (communes, communes), communes (communes), townships (communes) shall immediately organize assistance, record-keeping, assist the Maritime Authority in investigating accidents and be responsible for the proper processing of accidents”.

Article 5, paragraph 1, was amended to read: “The parties shall actively perform their obligations to rescue and report immediately to the Maritime Authority or the transport authority upon the accident of a ship, buoyage facility”. Paragraph 2 amends to read: “The parties shall submit accident reports and information to the maritime administration in the event of an accident within 24 hours of the accident. The submission of reports cannot be submitted in accordance with the above-mentioned time frame and, with the consent of the Maritime Authority, may be extended appropriately.”

Article 6.

Article 7 amends to read: “The Maritime Authority shall conduct prompt, objective and comprehensive investigations after the receipt of the accident report and report the incident to the Government and maritime management immediately. Reports, surveys and treatment of traffic accidents in the Greater River are carried out in accordance with the relevant provisions of the Department of State.”

Article 9, paragraph 2, was amended to read: “[t]n the time period for the departure of a ship or for its parking on the designated waters shall normally not exceed 72 hours; in exceptional circumstances, the period of time cannot be completed and, with the approval of the above-level maritime administration, the extension shall not exceed 72 hours.”

Article 13, paragraph 1, should be amended to read: “The Maritime Authority shall analyse the causes of accidents, identify the parties' responsibilities and, within two months, make the report on the Internal River Traffic Accident Survey and the findings of the accident investigation report and investigation, with a maximum period not exceeding 60 days”. Paragraph 2 was amended to read: “The time required for technical identification in the accident investigation is not taken into account for the duration of the accident investigation”.

An increase in article 14: “The Maritime Authority shall communicate the findings of the accident survey to the parties involved in the river traffic accidents in writing. The findings of the accident survey should include the following: (i) accident profiles (including accident briefs, losses, etc.); (ii) accident causes (facts and analyses); (iii) liability of the accident party; (iv) safety management recommendations; and (v) other relevant circumstances.”

The former article 14, as article 15, amends to read: “Accidental parties may initiate civil proceedings directly to the People's Court due to civil infringement compensation disputes arising from accidents”.

Delete former article 15: “The period of mediation for damages is 30 days and the maritime body considers it necessary to extend 15 days. In the event of injury, mediation started from the end of the treatment or the date of the maiming; with respect to the death of the accident, the mediation started from the date of the expiry of the required time for the processing of the burial; and mediation started from the date of the determination of the loss. The parties have brought proceedings before the People's Court and maritime institutions are no longer admissible for conciliation.”

Delete former article 16: “Agreement on mediation shall be made by a maritime body to produce a letter of mediation and to bring the parties and the persons concerned. Without agreement after the expiry of the mediation period, maritime institutions should produce letters of mediation of civil violations compensation disputes in the river traffic accident, which are sent to the parties and the persons concerned. The parties should apply in writing for the withdrawal of mediation; they would be retroactive or overdue after the agreement was reached, and the parties should report maritime bodies and could sue the People's Court.”

Delete article 17: “The person responsible for a water traffic accident shall be liable on the basis of the responsibilities determined by the maritime body to: (i) assume 100 per cent liability for the full responsibility of the accident; (ii) assume responsibility for more than 60 per cent and 90 per cent of the liability for a major accident; (iii) be liable to the accident on the basis of an average liability of the parties to the accident; and (iv) the liability of the injured party for the accident shall be more than 10 per cent and 40 per cent of the liability.”

Delete article 18: “Accident damage compensation includes compensation for ship, rotary, facility damage, compensation for loss of goods, compensation for loss of property of the ship's crew, compensation for personal injury and injury, compensation for the expenses of rescue, and reasonable loss of business during the period of ship repair.”

Delete former Article 19: “Reparation for losses of ship and cargo and shipowners resulting from accidents shall be calculated or evaluated in accordance with the following methodology: (i) ship, facility, etc., for accident damage, shall be rehabilitated to restore the status quo and shall be authorized by the Maritime Agency in accordance with the terms of damage determined by the ship inspection services. (ii) Invoices are calculated in accordance with the invoice price. The goods damaged by the accident are compensated for the actual cost of repair or collation. (iii) Damages and losses of ship crews, passengers, freightlers carrying their goods should be provided with evidence and, at the same time, compensation shall be calculated at a maximum of $80. The economic compensation of the persons involved is implemented in accordance with the relevant provisions of the State. (iv) Ships, facilities and goods that cannot be repaired or damaged by accident damage, which may be determined by law by a maritime body or by the party at the price of the price recognition certificate by the price-relevant body, and by the price certificate of the price-relevant institution, by virtue of which the award of the price of compensation is based on the price of damages.”

Article 20, as article 16, was amended to read: “The compensation project and criteria for damage to an internal road accident are carried out in accordance with the relevant law”.

Delete former article 21: “The person who is disabled in the accident needs to be treated and has been treated in a medical or inpatient manner, but there is still a need for medical treatment, care or medical treatment in connection with the accident, which should be certified by the relevant hospital and agreed by the maritime body. Self-inpatient hospitals, referrals, the use of care workers, the purchase of medicines or the departure date of the hospital notification were denied and the costs were borne by the injured or the disabled themselves.”

Delete former article 22: “The parties to an accident are injured and, within 15 days of the end of the treatment, the level of disability is assessed by the statutory disability recognition body in accordance with the national traffic accident criteria. The cost of living benefits for persons with disabilities is determined at the level of disability, at 100 per cent, by grade II, by 10 per cent and other sub-category.”

Delete article 24, “The accident responsibility of the accident is incompatible with the timeliness of reporting, the submission of the accident report or the content of the accident report, affecting the handling of the accident investigation and the imposition by the Maritime Agency of a fine of more than 100 million dollars. The accidental party rejects the investigation or deliberately conceals the facts, provides false evidence and is fined by the Maritime Agency for more than 200 million dollars.”

Delete article 25: “Establishs an accident and imposes a fine of more than 500,000 dollars for all responsibilities by a maritime agency, in accordance with the nature and responsibilities of the accident; imposes a fine of up to 300 dollars for the principal responsible person; imposes a fine of up to 1000 dollars for the same-responsibility; imposes a fine of up to 2.0 million dollars for the second-responsibilities and, in accordance with the relevant provisions of the State for the suspension until the certificate of the ship's appropriateness. This constitutes an offence punishable by law.”

Delete former article 26: “The owner or operator of a ship refers to the operation of, condoned or powerful shipfarers or to the accident caused by a breach of a chapter of the cruise, which is fined by the Maritime Agency of over 1000 dollars. This constitutes an offence punishable by law.”

An increase in article 22: “In accordance with the reasons for the accident in the river, the Maritime Authority may be responsible for strengthening security management of vessels, owners of buoyage facilities, operators or regulators of vessels owned by them, buoyage facilities. All persons, operators or regulators involved in ship, buoyage facilities should cooperate actively and implement them seriously. In the case of refusal to strengthen management or to meet security requirements within a period of time, the Maritime Authority has the right to take measures such as the cessation of its operations.”

Article 29, as article 24, has been amended to read: “This approach refers to incidents of collisions, triggers, damage, damage, spoils, fires, explosions, silence, etc. caused personal casualties and property losses as described in the present approach”.

Amendments to “water traffic accidents” in the various articles are: “Institutional traffic accidents”; and “ Maritime Agencies” are replaced by “Cafeguards”; and “calls” are: “Clace, floating facilities”.

Administrative law enforcement documentation management in Gang Province (No. 30 of 31 December 1997)

Article 1 amends to read: “In order to strengthen administrative law enforcement documents management, to guarantee and monitor the exercise of the functions of the executive organs or organizations, administrative law enforcement officials, administrative law enforcement supervisors, in accordance with the National People's Republic of China's Administrative Punishment Act and the Southern Province Administrative Law Enforcement Monitoring Regulations, this approach”.

Article 3 amends to read: “A person engaged in administrative law enforcement at all levels of the province, as well as in administrative law enforcement agencies, shall harmonize the requisitioning and use of administrative law documents in the province”.

Article 5 amends to read: “The executive law enforcement organs shall be subject to the uniform management of administrative law enforcement documents by the current people. In issuing the administrative processing decision, reference should be made to the qualification of the executive law enforcement subject matter and administrative law enforcement documents in Gangong Province, to the public chapter of the executive law enforcement units and to the administrative law enforcement personnel concerned.”

Article 7.3 amends to read: “The presence of administrative law enforcement monitoring certificates in Gang Province is the leader of the Government of more than the people at the district level and the administrative law enforcement supervisors employed by the Government's rule of law institutions, who are members of the executive law enforcement branch of the province's Government, as well as those involved in administrative law enforcement oversight in the rule of law institutions of the sector, and the executive law enforcement supervisors employed by the provincial and municipal peoples' governments”.

In article 9, paragraph 1 was added to read as paragraph 2: “The administrative law enforcement documents issued by the Government of the Provincial People's Republic are issued by the central executive law enforcement units in Ganggan, the following vertical management”.

Article 12.

Article 13, paragraph 2, was amended to read: “The administrative law enforcement documents of the author should be completed and the administrative law enforcement documents of the province should be made available to the State's authorities in the province after a review by the authorities of the rule of law at the district level.”

Article 18 amends to read: “The rule of law institutions of the Government of the People at the district level shall monitor the conduct of evidence-based law enforcement by administrative law enforcement officials, administrative law enforcement supervisors in the present administration area”.

Article 19 was amended to read: “The annual registration system for administrative law enforcement documents, the specific work registered in the annual trial is carried out by the law-making body of the Government of the People of the District and above, and the results of the annual review are indicated in the Manual for Training of Administrative Law Enforcement Officials”.

The title of chapter IV was amended to read: “The legal responsibility”.

Article 22 amends to read: “The executive law enforcement body has one of the following cases, and is governed by the law by the rule of law body of the people at the district level, and recommends that the executive responsibility of the responsible person be held by the relevant organs: (i) units that do not have the qualifications of the executive law enforcement subject are engaged in administrative law enforcement activities; (ii) that, notwithstanding the qualifications of the executive law enforcement subject; (iii) that law enforcement is not eligible for administrative law enforcement; (iv) that failure to report on a timely basis or fail to make adverse consequences; and (v) other administrative documents are used in contravention of the provisions of administrative regulations”.

Article 23.

Delete former article 28: “This approach is interpreted by the Ministry of the Rule of Law of the People's Government”.

Amendments to the “Governments of the municipalities, autonomous states and districts (markets, zones)” in each article are as follows: “Governments of the municipalities, counties and municipalities”; the change in the State's Government's Rule of Law as follows: “The rule of law institutions of the Government of the Provincial People's Government”; and the “Obsuperity of administrative sanctions enforcement agencies in Gang Province” as follows: “The executive law-enforcement principals in the province”, and the deletion of the expressions of “in the executive branch”.

The text and the order of the regulations of the three Governments above are released in accordance with the consequential changes and adjustments in this decision.