MEASURES FOR IMPLEMENTATION ON MARITIME ADMINISTRATIVE PUNISHMENTS
The Ministry of Land Resources The Decree of the Ministry of Land Resources of the People’s Republic of China No. 15 Measures for Implementation on Maritime Administrative Punishments adopted by the 6th executive meeting of the Ministry of Land Resources Minister of the Ministry of Land Resources, Tian Fengshan December 25, 2002 Measures for Implementation on Maritime Administrative Punishments Chapter I General Provisions Article 1 The present Measures have been formulated on the basis of the Law of the People’s Republic of China on Administrative Punishments Article 2 Where any entity or individual violates any of the maritime laws, regulations or ministerial rules concerning the use of the sea areas, Article 3 The department of maritime administration of the people’s government on various levels above the county level is the organ for enforcing Where a maritime supervision section is established within the enforcing department, the work of maritime administrative punishments The Chinese maritime supervision organs enforce maritime administrative punishments in the name of the maritime administration department Article 4 The enforcing authorities on higher levels shall be enpost_titled to supervise and put right the maritime administrative punishments implemented The higher-level Chinese maritime supervision authorities may, upon the consent of the enforcing authority on the identical level, Chapter II Jurisdiction Article 5 The maritime administrative punishments shall be under the jurisdiction of the enforcing organ of the place where the violation takes Article 6 In case it is not clear or it is impossible to find out where the violation has taken place, and there are clear provisions in any Article 7 In case the parties concerned have disputes over the jurisdiction, they shall report to the enforcing authority on a higher level Article 8 Where any of the maritime administrative punishments that should be enforced by a lower level enforcing authority, but it deems it Article 9 The enforcing authorities may transfer the maritime administrative punishments that do not fall within their respective jurisdictions Article 10 In case any violation has constituted a crime, it shall be delivered to the judicial organs according to law. Chapter III Simplified Procedures Article 11 Where a violation meets both of the conditions as mentioned below, the corresponding decision of maritime administrative punishments a. The facts about the violation are conspicuous and are supported with irrefutable evidences, and the violation is not serious; b. The maritime administrative punishment is a fine of not more than 50 Yuan imposed upon an individual or not more than 1,000 Yuan imposed Article 12 When meting out maritime administrative punishments on the spot by apply the simplified procedures, the maritime supervisors shall a. Showing their certificates of law enforcement to the parties concerned; b. Finding out the facts about the violation on the spot, collecting and keeping all necessary evidences, making written records which c. Informing the parties concerned of the facts about violation, the grounds for meting out punishments, and that they are enpost_titled to d. Listening to the statements and defenses of the parties concerned, and reviewing the facts, reasons and evidences submitted by the e. Filling in the On-spot Decision on Maritime Administrative Punishments formulated in preset formats and having a predetermined number, Chapter IV Ordinary Procedures Article 13 All other maritime administrative punishments other than those that can be meted out on the spot according to Article 11 of the present Maritime supervisors shall fill in a form of placing a maritime violation on file as a case for approval, and the case shall be established Article 14 Any maritime supervisor that is directly interested in the case shall withdraw. Article 15 There shall be no fewer than two maritime supervisors present in the investigation of cases or in inspections, who shall show their a. Entering into the scene of violation to make surveys and inspections, consulting or duplicating relevant materials, and making video b. Inquiring the parties concerned or the witnesses or any other people concerned, and making written records of the inquiries, which c. The professional or technical matters such as measuring, monitoring, testing or authenticating, etc. may be entrusted to the eligible Article 16 Maritime supervisors may, in the process of collecting evidences, employ the method of taking samples. Article 17 If, in the process of collecting evidences, any evidence may disappear or would be difficult to obtain thereafter; the maritime supervisors The evidences that are registered for keeping beforehand shall be handled within seven days as of the day when they are registered During the term when the evidences are registered for keeping, neither the parties concerned nor any other relevant personnel may Article 18 In the process of taking samples for evidences or registering evidences for keeping beforehand, the parties concerned shall be present Article 19 Maritime supervisors shall, within five days after the investigations are completed, submit a report of investigating maritime violations, Article 20 The persons in-charge of the enforcing authorities shall review the investigation results and suggestions for punishment, and make a. If the facts about the violation are well grounded, maritime administrative punishments shall be meted out according to the seriousness b. If the violation is not serious and may be exempt from maritime administrative punishments according to law, no maritime administrative c. If the facts about the violation are not well-grounded, no maritime administrative punishment may be meted out; d. If the violation has constituted any crime, it shall be delivered to the judicial organs for handling. Article 21 If a case for which maritime administrative punishments are to be meted out is complex in circumstances or is a serious violation Article 22 Before making a decision of maritime administrative punishments, the enforcing authorities shall inform the parties of the facts, Article 23 To enforce a maritime administrative punishment; a written decision of maritime administrative punishment shall be formulated according Article 24 If, in the investigation of maritime violations by applying the ordinary procedures, it would be difficult to enforce a maritime administrative Before making a decision of maritime administrative punishment, the maritime supervisors shall inform the parties concerned on the The present Measures are not applicable to the investigation of serious maritime violations. Chapter V Procedures of Hearing Article 25 The enforcing authorities shall, prior to making any decision of maritime administrative punishments concerning any serious maritime The parties concerned shall file their applications for holding hearings within three days after being informed. In case they fail Article 26 The notice of maritime administrative punishment shall be serviced to the parties concerned seven days before a hearing is held. Article 27 The hearings shall be presided by the persons designated by the enforcing authorities. None of the maritime supervisors that handle cases (hereafter “case-handling supervisors”) or any person who has any direct interest Article 28 Where any of the parties concerned believes that the presider of the hearing has direct interests in the case; he is enpost_titled to request Article 29 The parties concerned, the case-handling supervisors and the third parties that may have interests in the conclusion of case may participate The parties concerned may also entrust one or two agents to appear at the hearing on their behalf. The entrusted agents shall, prior Article 30 A case hearing shall be held in public unless any of the state secrets, commercial secrets or personal privacies is involved. Article 31 A hearing shall be held according to the order as described below: a. The presider announces the facts of the case and the disciplines of the hearing, verifies the identities of the participants, and b. The case-handling supervisors present the facts of violation of the parties concerned, the evidences, grounds for punishments, and c. The parties concerned or the entrusted agents thereof make statements or defenses concerning the facts of the case, present relevant d. The presider of the case interrogates the case-handling supervisors, the parties concerned and witnesses with regard to the facts e. The case-handling supervisors, parties concerned or the entrusted agents thereof make their final statements f. The presider of the hearing announces the concluding of the case hearing. Article 32 Written records shall be made for hearings. The written records shall bear the signatures or seals of the case-handling supervisors, The testimony of the witnesses in the written records shall be subject to the verification of the witnesses and bear the signatures The written records of hearing shall be subject to the examination and review of the presider of the case hearing, and shall bear Article 33 After a hearing is concluded, the presider of the hearing shall make a written comment with regard to the case facts, evidences, grounds Chapter VI Servicing Article 34 The decisions of maritime administrative punishments shall be serviced to the parties concerned within seven days after they are made. Article 35 The decisions of maritime administrative punishments shall be serviced directly to the parties concerned. If the party concerned is The date signed by the party concerned, the adult family member that lives together therewith, the designate person, the legal representative Article 36 Where any of the parties concerned refuses to receive the decision of maritime administrative punishments, the serviceman shall invite Article 37 Where it is difficult to service the decision of maritime administrative punishments directly, it may be serviced by mail. In the case of service by mail, the date marked by the party concerned on the receipt shall be the date of service. Where the date Article 38 In case any decision of maritime administrative punishments cannot be serviced by any of the ways as described in Articles 35, 36 In the case of service by public announcement, the reasons and process shall be recorded. Chapter VII Supplementary Provisions Article 39 In case there are no corresponding provisions in the present Measures, the relevant provisions of the Law of the People’s Republic Article 40 The basic formats of the instruments of maritime administrative punishments shall be subject to the uniform formulation of the administrative Article 41 A serious maritime violation refers to any of the cases of maritime administrative punishment as described below: a. Ordering the stop of an offshore operation of laying seabed cables and pipelines that has been approved, ordering the stop of foreign-related b. Canceling the permit for dumping wastes into the sea; c. Writing off the certificates for using sea areas and withdrawing the right to use sea areas; d. A maritime administrative punishment such as a fine of more than 5,000 Yuan imposed upon a natural person or a fine of more than 50,000 Article 42 The present Measures shall enter into force as of March 1, 2003. |
The Ministry of Land Resources
2002-12-25