1976

RESOLUTION OF THE STANDTING COMMITTEE OF THE NATONAL PEOPLE’S CONGRESS OF THE APPROVAL OF THE DELARATION OF THE GOVERNMENT ON CHINA’S TERITORIAL SEA

Category  TERRITORY AND DIPLOMATIC RELATIONS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1958-09-04 Effective Date  1958-09-04  


Resolution of the Standting Committee of the Natonal People’s Congress of the People’s Republic of China of the Approval of the Delaration
of the Government of the People’s Republic of China on China’s Teritorial Sea



(Adopted at the 100th Meeting of the Stading Committee of National Peopl’s

Congress on September 4, 1958)

    Resolution:

    On September 4, 1958, the One Hundredth Meeting of the Standing
Committeeof National People’s Congress decided to approve the declaration of
the government of People’s Republic of China on China’s territorial sea.

    Appendix: Declaration of the Government of the People’s Republic of China
on China’s Territorial Sea (September 4, 1958)

    The Government of the People’s Republic of China declares:

    1. The breadth of the territorial sea of the People’s Republic of China
shall be twelve nautical miles. This provision applies to all territories of
the People’s Republic of China including the Chinese mainland and its coastal
islands, as well as Taiwan and its surrounding islands, the Penghu Islands,
the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha
Islands and all other islands belonging to China which are separated from the
mainland and its coastal islands by the high seas.

    2. China’s territorial sea along the mainland and its coastal islands
takes as its baseline the line composed of the straight lines connecting
bas-points on the mainland coast and on the outermost coastal islands; the
water area extending twelve nautical miles outward from this baseline is
China’s territorial sea. The water areas inside the baseline, including Bohai
Bay and the Chiungchow Straits, are Chinese inland waters. The islands inside
the baseline, including Tungyin Island, Kaoteng Island, the Matsu Islands, the
Paichuan Islands, Wuchiu Island, the Grater and Lesser Quemoy Islands, Tatan
Island, Erhtan Island and Tungting Island, are islands of the Chinese inland
waters.

    3. No foreign aircraft and no foreign vessels for military use may enter
China’s territorial sea and the air space above it without the permission of
the Government of the People’s Republic of China.

    While navigation Chinese territorial sea, every foreign vessel must
observe the relevant laws of the People’s Republic of China and regulations of
its government.

    4. The principles provided in paragraphs (2) and (3) apply also to Taiwan
and its surrounding islands, the Penghu Islands, the Dongsha Islands, the
Xisha Islands, the Zhongsha Islands, the Nansha islands, and all other islands
belonging to China.

    The Taiwan and Penghu areas are still occupied by the United States armed
force. This is an unlawful encroachment on the territorial integrity and
sovereignty of the People’s Republic of China. Taiwan, Penghu and such other
areas are yet to be recovered, and the Government of the People’s Republic of
china has the right to recover these area by all suitable means at a suitable
time. This is China’s internal affair, in which no foreign interference is
tolerated.






DETAILED RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA (DRAFT)

CUSTOMS PROCEDURES FOR THE SUPERVISION OF LUGGAGE AND OTHER ARTICLES BELONGING TO TRAVELLERS CROSSING THE BORDERS

PROCEDURES OF SUPERVISION AND CONTROL BY THE COSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA OVER ENTRY AND EXIT TRAINS AND THE CARGO, LUGGAGE AND PARCELS ON BOARDD

PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION OF INTERNATIONAL SAILING VESSELS AND THE GOODS ON BOARD

CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA (DRAFT)

DECISION OF THE STATE COUNCIL CONCERNING THE ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1958-11-21 Effective Date  1958-11-21  


Decision of the State Council of the People’s Republic of China Concerning the Establishment of a Maritime Arbitration Commission
Within the China Council for the Promotion of International Trade


Note:

(Adopted at the 82nd Meeting of the State Council on November 21, 1958)

    With a view to settling maritime disputes through arbitration, it is
necessary to set up an arbitral body within a relevant social organization. It
is hereby decided as follows:

    1. There shall be established within the China Council for the Promotion
of Internatinnal Trade a Maritime Arbitration Commission (Note (1)) to settle:

    a. disputes over the remuneration for salvage services rendered by
sea-going vessles to each other or by a sea-going vessel to a river craft or
vice versa;

    b. disputes arising from collisions between sea-going vessels or between
see-going vessels and river craft or from damages caused by sea-going vessels
to harbour structures or installations;

    c. disputes arising from chartering sea-going vessels, agency services
rendered to sea-going vessels, carriage by sea in virtue of contracts of
affreightment, bills of lading or other shipping documents, as well as
disputes arising from marine insurance.

    2. The Maritime Arbitration Commission takes cognizance of maritime
disputes in accordance with the relevant contracts, agreements and/or other
documents concluded between the disputing parties either prior or subsequent
to the occurrence of disputes.

    The Maritime Arbitration Commission may endeavour to settle through
mediation any dispute of which it has taken cognizance.

    3. The Maritime Arbitration Commission shall be composed of 21-31 members
to be selected and appointed by the China Council for the Promotion of
International Trade for a term of two years from among persons having special
knowledge in navigation, sea transportation, foreign trade, insurance and law.

    4. The Maritime Arbitration Commission shall elect a Chairman and 1-3
Vice-Chairmen from among its members.

    5. When a dispute is submitted for arbitration, the disputing parties
shall each choose an arbitrator from among the members of the Maritime
Arbitration Commission. The arbitrators so chosen shall jointly select from
among the members of the Maritime Arbitration Commission a presiding
arbitrator to form, in association with the arbitrators, an Arbitration
Tribunal to act in a body. The disputing parties may also jointly choose from
among the members of the Maritime Arbitration Commission a sole arbitrator to
form by himself a Tribunal to act singly.

    The disputing parties shall choose the arbitrators within the time fixed
by the Maritime Arbitration Commission or agreed upon between the parties, and
the arbitrators so chosen shall also select the presiding arbitrator within
the time fixed by the Maritime Arbitration Commission. If one of the parties
fails to choose an arbitrator within the prescribed time limit, the Chairman
of the Maritime Arbitration Commission shall then, upon the request of the
other party, appoint the arbitrator for the former party. If the arbitrators
so chosen or appointed cannot agree upon the choice of the presiding
arbitrator within the prescribed time limit, the Chairman of the Maritime
Arbitration Commission shall then select a presiding arbitrator for them.

    6. Either of the parties in dispute may authorize the Maritime Arbitration
Commission to choose for him an arbitrator who shall, jointly with the
arbitrator chosen by the other party, select a presiding arbitrator to form,
in association with the arbitrators, an Arbitration Tribunal to act in a body.
If, by mutual agreement, both parties jointly delegate the choice of
arbitrators to the Maritime Arbitration Commission, the Chairman of the
Maritime Arbitration Commission, may appoint a sole arbitrator to form by
himself a Tribunal to act singly.

    7. The disputing parties may appoint attorneys to protect their interests
during the proceedings of a case before the Maritime Arbitration Commission.

   Such attorneys may be citizens of the People’s Republic of China or foreign
citizens.

    8. In cases within the cognizance of the Maritime Arbitration Commission,
the Chairman of the Maritime Arbitration Commission may make decisions in
respect of measures of security and determine the amount and form of the
security for the claim.

    Upon the request of one of the parties, the People’s Court of the People’s
Republic of China shall enforce the decision referred to in the preceding
paragraph in accordance with the law.

    9. The Maritime Arbitration Commission may collect an arbitration fee not
exceeding two per cent of the amount of the claim.

    10. The award handed down by the Maritime Arbitration Commission is final
and neither party shall bring an appeal for revision before a court of law or
any other organization.

    11. The award by the Maritime Arbitration Commission shall be executed by
the parties themselves within the time fixed by the award. In case an award is
not executed after the expiration of the fixed time, the People’s Court of the
People’s Republic of China shall, upon the request of one of the parties,
enforce it in accordance with the law.

    12. Rules concerning the Procedure of Arbitration shall be formulated by
the China Council for the Promotion of International Trade.

Note:

    (1) Concerning the scope of cases to be taken cognizance of by the
Maritime Arbitration Commission, new provisions have been formulated by the
Notice of the General Office of the State Council which is issued on September
2, 1982. On June 21, 1988, the State Council renamed the Maritime Arbitration
Commission as the China Maritime Arbitration Commission, and agreed that the
rules of arbitration procedure shall be amended. – The Editor






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...