1985

DECREE OF THE STATE COUNCIL

Category  FOREIGN AFFAIRS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1979-09-09 Effective Date  1979-09-09  


Decree of the State Council of the People’s Republic of China



(Promulgated on September 9, 1979)

    A decree is hereby issued to execute the agreement signed by the
Government
of the People’s Republic of China and the Government of the United
States of America on May 11 this year concerning the settlement on
claims/assets, and to protect the legitimate rights and interests of the
Chinese units and individuals concerned:

    1. As regards the assets belonging to state organs, stateowned
enterprises, public institutions, including organizations and schools, frozen
by the U.S. government, the State Council authorizes the Bank of China to act
on their behalf to approach the debtors on the U.S. side and handle the
affairs of recovering or with drawing the said assets frozen by the U.S.
government as soon as the U.S. government has declared the unfreezing in
accordance with the Sino-U.S. agreement.

    2. As regards the former private industrial and commercial enterprises and
state-private joint industrial and commercial enterprises which, after years
of socialist transformation, have now been transformed, according to their
lines of business, into or merged with state-owned industrial and commercial
enterprises, the State Council has made the decision to authorize the Bank of
China to act as their plenipotentiary to handle the affairs of recovering or
withdrawing the assets belonging to them and frozen by the U.S. government.
When the said frozen assets have been recovered or withdrawn, the Bank of
China shall settle the accounts with the units concerned in accordance with
the relevant laws and decrees of China.

    3. As regards the frozen personnal assets belonging to Chinese nationals,
for the convenience of making contacts with the debtors on the U.S. side and
protecting the legitimate rights and interests of the owners, the State
Council authorizes the Bank of China to complete the formalities for
recovering or withdrawing the said frozen assets abroad. When the said frozen
personal assets have been recovered or withdrawn, the Bank of China shall
effect the payments in accordance with the relevant laws and decrees of China.

    4. As of the date of the issuance of the present decree, no units or
individuals have the right to withdraw, sell or transfer their assets frozen
by the U.S. government without the consent of the Bank of China.






ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

RULES GOVERNING VESSELS OF FOREIGN NATIONALITY

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1979-09-18 Effective Date  1979-09-18  


Rules of the People’s Republic of China Governing Vessels of Foreign Nationality

General Provisions
Chapter I Port Entry and Exit and Navigation
Chapter II  Berthing
Chapter III  Signals and Communication
Chapter IV  Dangerous Goods
Chapter V  Safeguard of Navigation Lanes
Chapter VI  Prevention of Pollution
Chapter VII  Fire Control and Rescue
Chapter VIII  Accidents of Damages at Sea
Chapter IX  Punishments on Contravention of Regulations
Chapter X  Supplementary Provisions

(Approved by the State Council on August 25, 1979 and promulgated by the

Ministry of Communications on September 18, 1979)
General Provisions

    Article 1  These Rules are formulated in order to safeguard the sovereignty
of the People’s Republic of China, maintain the order of ports and coastal
waters, ensure the safety of navigation and prevent the pollution of waters.

    Article 2  All vessels of foreign nationality sailing in the ports and
coastal waters of the People’s Republic of China (hereinafter referred to
as “vessels”) shall abide by these Rules and all the relevant decrees,
stipulations and provisions of the People’s Republic of China.

    Whenever the Harbour Superintendency Administration set up by the
Government of the People’s Republic of China is of the view that it is
necessary to conduct inspection of vessels, the vessels must subject
themselves to inspection.

    The term coastal waters as used in these Rules refers to the inland
waters and territorial seas of the People’s Republic of China and the waters
stipulated by the State to be under its jurisdiction.
Chapter I Port Entry and Exit and Navigation

    Article 3  The captain or the ship owner shall, through the China
Ocean-shipping Agency Corporation, one week before the scheduled arrival of
his vessel at a port, fill in the prescribed forms and go through the
procedures to apply for approval of port entry with the Harbour Superintendency
Administration and, 24 hours before the vessel’s arrival at the port (or if
the voyage is less than 24 hours, at the time of departure from the previous
port), through the agent company for foreign vessels, report to the Harbour
Superintendency Administration on the scheduled time at arrival, forward
draft, stern draft, and other such conditions. A report shall be made at any
time if any change at the time of arrival is anticipated. If in the course of
its voyage, a vessel has to enter or return to the port temporarily due to
special circumstances such as mishap, malfunction, or acute illness contracted
by its seamen or passengers, a report shall be made to the harbour
Superintendency Administration in advance.

    Article 4  When a vessel goes into or out of a port or sails or changes
berths in it, it shall be guided by a pilot appointed by the Harbour
Superintendency Administration. The specific matters concerning pilotage shall
be handled in accordance with the “Provisions for Pilotage in Ports”
promulgated by the Ministry of Communications of the People’s Republic of
China.

    Article 5  Upon arrival of a vessel at a port, the entry and other
relevant reports, together with the certificate of registry and relevant
documents shall be submitted promptly for examination, and the vessel shall
be subject to inspection. Before a vessel goes out of a port, the exit and
other relevant reports shall be submitted and the vessel may go out only with
an exit permit issued after inspection.

    Article 6  All weapons and ammunition on board a vessel shall be kept under
seal by the Harbour Superintendency Administration upon arrival of the vessel
at the port. Radio telegraph transmitters, radio telephone transmitters,
rocket signals, flame signals and signal guns shall only be used in conditions
of emergency; and after such use, reports must be made to the Harbour
Superintendency Administration.

    Article 7  It shall be forbidden, inside a port, to shoot, swim, fish or
set off fire-crackers or fireworks or do other acts likely to endanger the
safety and order of the port.

    Article 8  The Harbour Superintendency Administration shall be enpost_titled
to prohibit a vessel from going out of the port within a specified period of
time, or order it to suspend its voyage, change its course or return to the
port if the vessel is in any of the following conditions:

    1. in an unseaworthy condition;

    2. in contravention of the laws or regulations of the People’s Republic
of China;

    3. having involved in an accident of marine damage;

    4. having failed to pay prescribed dues and to provide an appropriate
guarantee therefor;

    5. other conditions which call for prohibition of navigation.

    Article 9  Vessels sailing in the ports and coastal waters of the People’s
Republic of China shall not engage in activities detrimental to the security,
rights and interests of the People’s Republic of China and shall abide by the
provisions concerning straits, waterways, navigation lines and restricted
zones.

    Article 10  Vessels shall not sail at such speed in ports as to endanger
the safety of other vessels and port facilities.

    Article 11  The boats (rafts) attached to vessels shall not be allowed to
sail in ports except for lifesaving purposes.

    Article 12  When sailing or changing berths in ports, vessels shall not
have their attached boats (rafts), derricks, gangways, etc. extended over
the board sides.

    Article 13  Vessels that have to enter into a port of the People’s
Republic of China which is open to foreign vessels for the purpose of taking
shelter or temporary berth shall apply to the Harbour Superintendency
Administration for approval; the application shall include: the ship’s name,
call sign, nationality, name of the carrier, port of departure, port of
destination, ship’s position, speed, draft, full colour(s), funnel colour(s),
and mark, and shall take shelter at the specified place.

    Vessels that have to take shelter or temporary berth in a place other
than the ports open to foreign vessels of the People’s Republic of China
shall, in addition to going through the above procedures for the application
for approval, abide by the following:

    1. duly report to the Harbour Superintendency Administration in the
neighbourhood on the anchoring time, position and the time of departure;

    2. observe the provisions of the relevant local departments, subject
itself to inspection and enquiry and obey orders;

    3. the personnel on board the vessel shall not come to land nor shall
the goods on on board be unloaded without the approval of the relevant local
departments.
Chapter II  Berthing

    Article 14  Vessels berthed in a port shall have on duty a number of
seamen sufficient to ensure the safe operation of the vessel and, in times
of a typhoon warning or other emergency conditions, all crew members shall
immediately return on board to take preventive and other measures.

    Article 15  The gangways of a vessel set up where the crew members,
passengers and other personnel embark and disembark shall be firm and secure
and armed with rails or hand ropes; rope ladders shall be firm and safe,
with adequate illumination at night.

    Article 16  When a vessel has to start its engine, attention shall be
paid to the surroundings of the stern and it shall only be done in
circumstances where the safety of other vessels and port facilities will not
be endangered.

    Article 17  The water outlets on both sides of a vessel berthed in a
port, which are likely to affect other vessels, the pier or the embarkation
and disembarkation of personnel shall be covered.

    Article 18  The light of a vessel shall not affect the safety of
navigation of other vessels and strong lights of the vessel projected towards
the course of navigation shall be blocked.

    Article 19  Vessels shall provide safe and good conditions for loading
and unloading operations and the loading and unloading installations shall
possess certificates of compliances and be maintained in good technical
condition.

    Article 20  A vessel shall make prior applications to the Harbour
Superintendency Administration for approval to carry out the following
operations:

    1. dismantling and repair of boilers, main engine, windlasses, steering
gear and transmitters;

    2. trial voyages and trial runs;

    3. setting down boats (rafts) to carry out lifesaving rehearsal;

    4. welding or soldering (except for repair in a dockyard) or carrying
out operations with uncovered light on the deck;

    5. hanging out decorative lamps.

    Article 21  In the fumigation of a vessel, strict safety measures shall
be taken and the signal stipulated by the Port shall be hoisted.

    Article 22  To ensure safety of the port and vessels, the decisions of
the Harbour Superintendency Administration shall be complied with if any ship
has to change berths in the port or set sail ahead of schedule or postpone
sailing.
Chapter III  Signals and Communication

    Article 23  Vessels sailing or berthed in the ports and coastal waters of
the People’s Republic of China shall fly the national flags of their countries
of registry in daytime. When coming into or going out of the ports or changing
berths, they shall additionally fly their vessel flags for call and the
relevant signals stipulated by the port.

    Article 24  When coming into or going out of the port or anchoring,
vessels shall pay attention to the calls and signals of the port signal
station and shall observe the regulations of the People’s Republic of China
for signals in coastal ports in the use of visual signals. In respect of
signals not yet stipulated by coastal ports. “International Rules for
Signals” shall be observed.

    Article 25  Vessels in ports shall not send out sound signals at will
except out of necessity for navigation safety. When it is necessary to test
whistles, a report shall be submitted to the Harbour Superintendency
Administration in advance.

    Article 26  In the use of very high frequency radio telephones in ports,
vessels shall abide by the “Interim Measures for the Use of Radio Telephones
of Very-high-frequency by Vessels of Foreign Registry” promulgated by the
Ministry of Communications of the People’s Republic of China.
Chapter IV  Dangerous Goods

    Article 27  In loading, unloading or transportation of dangerous goods,
the vessels shall hoist the stipulated signals, observe the stipulations for
the administration of the transportation of dangerous goods and take necessary
safety measures. In particular, goods with mutually-conflicting properties
shall not be loaded in a mixed way and it shall strictly be prohibited to load
explosive articles together with igniters or combustible articles in the
same holds.

    Article 28  In carving Class-1 strongly dangerous goods such as explosive
articles, deadly poisonus articles, radioactive articles, compressed gases and
liquefied gases, oxidizers, spontaneous combustible articles, articles that
ignite when in contact with water, combustible liquids, combustible solids
and acid corrosives, vessels shall list in detail the names of the goods,
their properties, package, quantity and loading position, and also attach the
instructions concerning the properties of the dangerous goods to the lists
and apply to the Harbour Superintendency Administration through the agent
companies for foreign vessels for clearance visas three days before their
scheduled arrival at the ports. Only with approval may they enter the port,
unload goods, or pass through the transit. To carry the abovementioned
dangerous goods, outgoing vessels shall apply for clearance visas three days
before the start of loading. Only with approval may they load and carry.

    Article 29  In applying for the safety certificates for loading and
carrying dangerous goods for export, vessels shall make written applications
to the Harbour Superintendency Administration three days before the start of
loading, clearly stating the names of tile dangerous goods, their properties,
package, quantity, loading position (also attached with loading plans of the
goods), midway ports, port of destination, etc. Loading shall be done at the
berths specified by the Harbour Superintendency Administration.
Chapter V  Safeguard of Navigation Lanes

    Article 30  In navigation, vessels shall, abide by the provisions for and
maintain the order of navigation. If a vessel encounters an accident and is in
danger of sinking, it shall promptly report to the Harbour Superintendency
Administration and take effective measures as best as it can to sail out of
the lane so as not to obstruct navigation and endanger other vessels. If the
vessel has sunk, the vessel side shall duly set up a temporary signal mark
at the place of its sinking.

    Article 31  The salvage of vessels or other articles which have sunk in
the ports or coastal waters shall be handled in accordance with the “Measures
of the People’s Republic of China for the Administration of the Salvage of
Sunken Vessels and Sunken Articles”. The Harbour Superintendency Administration
shall, according to particular circumstances, notify the owners of the sunken
vessels or sunken articles to salvage and remove them within a prescribed
period, or promptly organize the salvage or dismantlement and removal; the
entire responsibilities and expenses shall be borne by the owners of the
sunken ship and sunken articles.

    Article 32  If a vessel finds or dredges up any sunken or floating
article, it shall report, or hand it over for handling, to the Harbour
Superintendency Administration, which shall give awards at its discretion.

    Article 33  If a vessel has to dump rubbish and other refuse in a port,
it shall display the signal stipulated by the port to call up a rubbish boat
(or truck).

    Article 34  Vessels shall take good care of lane installations and
navigational aids. If a vessel has damaged any navigational aid, port
construction or other facilities, it shall promptly report to the Harbour
Superintendency Administration and undertake to restore them or pay
compensation for the restoration.
Chapter VI  Prevention of Pollution

    Article 35  In the ports and coastal waters of the People’s Republic of
China, vessels shall be prohibited from wilfully draining away oils, oil
mixtures and other pernicious pollutants and wastes.

    Article 36  Vessels shall apply to the Harbour Superintendency
Administration for approval for draining away ballast water, washing water
from holds or bilge water. A vessel that comes from an epidemic-affected port
shall go through the hygienic treatment of the quarantine. The bilge water
and washing water from the holds of vessels carrying dangerous goods and
other pernicious pollutants may be drained at specified places only after
appraisal which indicates that they meet the standards of the public health
department concerned.

    Article 37  All oil tankers and vessels using fuel oil shall possess oils
registers and duly and truly make entries therein in accordance with various
provisions of the registers.

    Article 38  If polluting accidents occur with vessels in the ports or
coastal waters, they shall record the course of events separately in their
oils registers and sea logs, promptly report to the Harbour Superintendency
Administration and at the same time take effective measures to prevent
diffusion of the pollutants. If treatment with chemicals is required, it is
necessary to apply to the Harbour Superintendency Administrations for
approval, and provide them with the instructions of the chemical ingredients.

    Article 39  Matters not included in this chapter shall be handled in
accordance with the provisions of the People’s Republic of China relating to
the prevention of pollution of waters.
Chapter VII  Fire Control and Rescue

    Article 40  It shall strictly be forbidden to smoke or make fires in
cargo holds or other places prone to fire on board the vessels.

    Article 41  Strict fire-prevention and safety measures shall be taken for
the refueling of vessels and for the loading and unloading operations of oil
tankers.

    Article 42  To perform such engineering projects as welding or soldering
on board a vessel, the surroundings, shall be cleared in advance, strict
precaution measures be taken, firefighting equipment be made ready and
inspection be conducted before and after the operations. The oil tanks and
their adjacent parts shall necessarily be emptied of all oil materials,
cleared of residues of oil, thoroughly ventilated, with their internal
combustible gases discharged and certified as up-to-standard before welding
or soldering can be carried out.

    Article 43  If a vessel catches fire or encounters a sea peril, it shall
promptly report to the Harbour Superintendency Administration such conditions
as scene of the accident, tonnage of vessel, draft, cargo carried, damages,
and the kind of assistance required.

    Article 44  If necessary, the Harbour Superintendency Administration may
mobilize and command the vessels in the port or coastal waters to take part
in the rescue of a vessel in trouble and under the circumstances that their
own safety will not be affected, the mobilized vessels have the responsibility
to partake in the rescue as best as they can.

    Article 45  When the Harbour Superintendency Administration or leading
members of the rescue department arrive at the scene, the captain of the
vessel in trouble shall promptly report the state of the accident and the
measures which have been taken and supply the data and facilities required
for the rescue. He may also make suggestions concerning the rescue. The
parties concerned shall observe the decisions made by the Harbour
Superintendency Administration for the maintenance of security and order.
Chapter VIII  Accidents of Damages at Sea

    Article 46  When an accident of damages at sea occurs to a vessel, it
shall make a summary report to the Harbour Superintendency Administration by
telegraph or radio-telephone as soon as possible. With regard to the
occurrence of an accident of damages at sea outside a port area, the captain
shall submit a report about the accident to the Harbour Superintendency
Administration within forty-eight hours of the vessel’s entry into the first
port of call. With regard to the occurrence of an accident of damages at sea
within the port, the captain shall submit a report about the accident to the
Harbour Superintendency Administration within 24 hours.

    Article 47  When a vessel causes an accident in the port or coastal
waters of the People’s Republic of China, which results in the loss of human
life and damage to property, it shall actively attempt to rescue the damaged
vessel and injured personnel, promptly report the matter to the Harbour
Superintendency Administration and subject itself to investigation and
handling. The troublemaker who does not rescue those in danger but hides
itself or runs away shall be severely dealt with.

    Article 48  If the death of a seaman occurs on board a vessel, the vessel
shall promptly make a report to the Harbour Superintendency Administration. If
the default of personnel of the vessel side or the port side gives rise to
damage or injury or death to the other side, the scene shall be kept intact
and both sides shall duly report to the Harbour Superintendency Administration.
If a dispute occurs, any party concerned may apply to the Harbour
Superintendency Administration for investigation and handling. Those involving
crimes shall be dealt with by the judicial organs of the People’s Republic
of China.

    Article 49  Matters which are not included in this Chapter shall be
handled in accordance with the “Rules for the Investigation and Handling of
Accidents of Damage at Sea” promulgated by the Ministry of Communications of
the People’s Republic of China.
Chapter IX  Punishments on Contravention of Regulations

    Article 50  The Harbour Superintendency Administration shall impose such
punishments as a warning or a fine, according to the nature and seriousness of
the offence, on anyone who has contravened these Regulations and any other
relevant decrees, provisions and regulations of the People’s Republic of
China. Those of a vile and serious nature shall be handed over to, and dealt
with by, the judicial organs.

    Article 51  If the punished party does not accept the punishment, he
can make an appeal to the Harbour Superintendency Administration of the
People’s Republic of China within 15 days of receipt of the notice. Before
alteration of the decision, however, the original punishment shall still
take effect.
Chapter X  Supplementary Provisions

    Article 52  With regard to the prevention of collision of vessels,
matters which are not included in these Regulations and other relevant
provisions of the People’s Republic of China shall be handled in accordance
with the “International Rules For the Avoidance of Collision at Sea”
implemented by the People’s Republic of China.

    Article 53  These Regulations shall be put into effect as of the date of
promulgation by the State Council of the People’s Republic of China.
Concurrently therewith, the “Measures of the People’s Republic of China For
the Administration of Port Entry and Exit by Vessels of Foreign Registry”
promulgated by the Ministry of Communications of the People’s Republic of
China on March 12, 1957 shall be annulled.






RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

Resolution of the Standing Committee of the National People’s Congress Approving the Supplementary Provisions of the State Council
for Rehabilitation Through Labour

     (Effective Date:1979.11.29–Ineffective Date:)

The 12th Meeting of the Standing Committee of the Fifth National People’s Congress on November 29, 1979 resolves to approve the Supplementary
Provisions of the State Council for Rehabilitation Through Labour which shall be promulgated for implementation by the State Council.

APPENDIX I:

SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

(Approved at the 12th Meeting of the Standing Committee of the National People’s Congress and promulgated for implementation by the
State Council on November 29, 1979)

The following supplementary provisions are made with a view to better enforcing the Decision of the State Council Regarding the Question
of Rehabilitation Through Labour, approved by the 78th Meeting of the Standing Committee of the First National People’s Congress
on August 1, 1957:

1. Administrative committees for rehabilitation through labour shall be established by the people’s governments of the provinces,
autonomous regions, and municipalities directly under the Central Government, and of large and medium-sized cities, and shall be
composed of the persons responsible for civil affairs, public security and labour departments. They shall be responsible for directing
and administering the work of rehabilitation through labour.

2. Those people in large and medium-sized cities who need to be rehabilitated through labour shall be interned for the purpose of
rehabilitation. The administrative committees for rehabilitation through labour of the provinces, autonomous regions, and municipalities
directly under the Central Government, and of large and medium-sized cities, shall be responsible for examining and approving those
who need such rehabilitation.

3. The term of rehabilitation through labour shall be one to three years. When necessary, it may be extended for one more year. Rest
shall be allowed on festivals and Sundays.

4. After their release, persons who have undergone rehabilitation through labour shall not be discriminated against in employment
and enrollment in schools. Their families including children shall not be subjected to discrimination.

5. The people’s procuratorates shall exercise supervision over the activities of the organs in charge of rehabilitation through labour.

APPENDIX II: DECISION OF THE STATE COUNCIL REGARDING THE QUESTION OF REHABILITATION THROUGH LABOUR

(Approved at the 78th Meeting of the Standing Committee of the National People’s Congress on August 1, 1957)

The following decision regarding the question of rehabilitation through labour is made in accordance with the provisions of Article
100 of the Constitution of the People’s Republic of China and with a view to reforming those persons who are able to work but insist
on leading an idle life, violating law and discipline, or will not engage in honest pursuits, into persons who are able to support
themselves through their own labour, and to further maintaining public order, thus facilitating socialist construction:

1. Persons of the following categories shall be interned for rehabilitation through labour:

(1) those who will not engage in honest pursuits, involve themselves in hooliganism, commit larceny, fraud or other acts for which
they are not criminally liable or violate public security rules and refuse to mend their ways despite repeated admonition;

(2) counterrevolutionaries and anti-socialist reactionaries who commit minor offences and are not criminally liable and who have been
given sanctions of expulsion by government organs, people’s organizations, enterprises or schools, and as a result have difficulty
in making a living;

(3) employees of government organs, people’s organizations, enterprises and schools who are able-bodied, but have refused to work
for a long period, violated discipline or jeopardized public order, and have been given sanctions of expulsion, and as a result have
difficulty in making a living; or

(4) persons who refuse to accept the work assigned to them or the arrangement made for their employment and settlement after their
demobilization from military service, or who decline to take part in manual labour and production despite persuasion, keep behaving
disruptively on purpose, obstruct public officials from performing their duties and refuse to mend their ways despite repeated admonition.

2. Rehabilitation through labour is a measure whereby education and reform are mandatorily imposed on persons who are interned for
rehabilitation through labour, and is also a measure to resettle them and provide employment for them.

Persons undergoing rehabilitation through labour shall be appropriately paid with wages according to the actual work they do; a suitable
amount may be deducted from their wages for the support of their dependents or reserved for their own expenses in settling down to
a stable life.

Persons undergoing rehabilitation through labour must abide by the discipline prescribed by the organs in charge of rehabilitation
through labour. Those who violate discipline shall be given administrative sanctions and those who commit criminal offences shall
be punished according to law.

For the education and management of the persons undergoing rehabilitation, the policy of combining labour and production with political
education shall be adopted, and disciplinary rules and regulations shall be prescribed for such persons to strictly observe. Help
shall be given to them in cultivating their consciousness of loving the country, abiding by the law and regarding work as a matter
of honour, in learning skills of labour and production, and in fostering a habit of loving manual labour so that they may be turned
into working people who take part in socialist construction and who support themselves by their own labour.

3. Petitions for persons to be interned for rehabilitation through labour shall be presented by departments of civil affairs or public
security, by the units such persons belong to, which may be government organs, people’s organizations, enterprises, schools, etc.,
or by their parents or guardians and shall be approved by the people’s councils of provinces, autonomous regions, and municipalities
directly under the Central Government or by organs authorized by these people’s councils.

4. If, in the course of their rehabilitation, persons undergoing rehabilitation through labour have mended their ways and are qualified
for employment, they may be provided with other employments upon the approval of the organs in charge of rehabilitation through labour;
if the units, parents or guardians who have previously petitioned for the persons concerned to be interned for rehabilitation through
labour present another petition requesting that such persons be turned over to them for education and supervision, the organs in
charge of rehabilitation through labour may also approve such petitions according to the actual conditions.

5. Organs in charge of rehabilitation through labour shall be established at the level of provinces, autonomous regions, and municipalities
directly under the Central Government or established with the approval of the people’s councils of provinces, autonomous regions,
and municipalities directly under the Central Government. The work of the organs in charge of rehabilitation through labour shall
be under the joint leadership and administration of the departments of civil affairs and public security.

    






CATALOGUE OF FOREIGN-RELATED LAW ANNULLED FORMALLY FROM TO BY THE NATIONAL PEOPLE’S CONGRESS AND ITS STANDING COMMITTEE

Category  CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1998-12-31 Effective Date  1998-12-31  


A Catalogue of Foreign-Related Law Annulled Formally from 1979 to 1998 by the National People’s Congress and its Standing Committee



(December 31, 1998)

    REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONSOLIDATED
INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
(Adopted at the 101st Meeting
of the Standing Committee of the National
People’s Congress on September 11, 1958, Promulgated by the State Council
on September 13, 1958)

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ARREST AND DETENTION
(Adopted at the Sixth Meeting of the Standing Committee of the Fifth National
People’s Congress on February 23, 1979, promulgated for implementation by
Order No.1 of the Standing Committee of the National People’s Congress on
February 23, 1979)

ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 11th Meeting of the Standing Committee of the Fifth National
People’s Congress on September 13, 1979, promulgated by Order No.2 of the
Chairman of the Standing Committee of the National People’s Congress on
September 13, 1979)

INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON LAWYERS
(Adopted at the 15th Meeting of the Standing Committee of the Fifth National
People’s Congress on August 26, 1980, promulgated by Order No.5 of the
Standing Committee of the National People’s Congress on August 26, 1980)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR FOREIGN ENTERPRISES
(Adopted at the Fourth Session of the Fifth National People’s Congress on
December 13, 1981, promulgated by Order No.13 of the Chairman of the Standing
Committee of the National People’s Congress on December 13, 1981)

CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 22th Meeting of the Standing Committee of the Fifth National
People’s Congress on March 8, 1982, promulgated by Order No.8 of the Standing
Committee of the National People’s Congress on March 8, 1982)

FOOD HYGIENE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL IMPLEMENTATION)
(Adopted at the 25th Meeting of the Standing Committee of the Fifth National
People’s Congress on November 19, 1982, promulgated by Order No.12 of the
Standing Committee of the National People’s Congress on November 19, 1982)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CHINESE-FOREIGN
EQUITY JOINT VENTURES
(Adopted at the Third Session of the Fifth National People’s Congress on
September 10, 1980, amended by the decision of the Second Meetingof the
Standing Committee of the Sixth National of People’s Congress on September 2,
1983)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS
WHO SERIOUSLY ENDANGER PUBLIC SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress on September 2, 1983, promulgated by Order No.4 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES
(Adopted at the Sixth Meeting of the Standing Committee of the Sixth National
People’s Congress on July 7, 1984, promulgated by Order No.15 of the
President of the People’s Republic of China on July 7, 1984)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE
ECONOMY
(Adopted at the 22nd Meeting of the Standing Committee of the Fifth
National People’s Congress on March 8, 1982)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC
SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for implementation by Order No.3 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.62 of the
President of the People’s Republic of China on January 21, 1988)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF EMBEZZLEMENT AND BRIBERY
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.63 of the
President of the People’s Republic of China on January 21, 1988)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF DIVULGING STATE SECRETS
(Adopted at the Third Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF CATCHING OR KILLING
PRECIOUS AND ENDANGERED SPECIES OF WILDLIFE UNDER SPECIAL STATE PROTECTION
(Adopted at the Fourth Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated for enforcement by Order No.10 of
the President of the People’s Republic of China on November 8, 1988)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMES OF DESECRATING THE NATIONAL FLAG AND THE NATIONAL
EMBLEM OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 14th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 28, 1990, promulgated by Order No.29 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of June 28, 1990)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING
SITES OF ANCIENT CULTURE OR ANCIENT TOMBS
(Adopted at the 20th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMINALS ENGAGED IN AIRCRAFT HIJACKING
(Adopted at the 29th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 28, 1992, promulgated by Order No. 67 of the
President of the People’s Republic of China on December 28, 1992, and
effective as of December 28, 1992)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING PUNISHING CRIMES OF COUNTERFEITING REGISTERED TRADEMARKS
(Adopted at the 30th Meeting of the Standing Committee of the Seventh National
People’s Congress on February 22, 1993, promulgated by Order No. 70 of the
President of the People’s Republic of China on February 22, 1993 and effective
as of July 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF PRODUCTION AND SALE OF FAKE OR SUBSTANDARD
COMMODITIES
(Adopted at the Second Meeting of the Standing Committee ofthe Eighth National
People’s Congress on July 2, 1993, promulgated by Order No.7 of the President
of the People’s Republic of China on July 2, 1993 and effective as of
September 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF INFRINGING COPYRIGHT
(Adopted at the Eighth Meeting of the Standing Committee of the Eighth
National People’s Congress, promulgated by Order No.30 of the President of
the People’s Republic of China and effective as of July 5, 1994)

DECISION ON THE PUNISHMENT OF CRIMES VIOLATING THE COMPANY LAW
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National
People’s Congress on February 28, 1995 and promulgated by Order No.41 of the
President of the People’s Republic of China on February 28, 1995)

Law of the People’s Republic of China on Economic Contracts Involving
Foreign Interest
(Adopted at the Tenth Session of the Standing Committee of the Sixth
National People’s Congress, promulgated by Order No. 22 of the President of
the People’s Republic of China on March 21, 1985)






SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

REGULATIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR CONTROL OVER BAGGAGE OF PASSENGERS COMING FROM OR GOING TO HONG KONG AND MACAO

REGULATIONS ON ARREST AND DETENTION

Regulations of the PRC on Arrest and Detention

     (Effective Date:1979.02.23–Ineffective Date:)

   Article 1. These Regulations are formulated in accordance with the provisions of Articles 18 and 47 of the Constitution of the People’s Republic
of China, in order to safeguard the socialist system, maintain public order, punish crimes, uphold citizens’ freedom of the person
and protect their homes against any violation.

   Article 2. No citizen of the People’s Republic of China may be arrested except by decision of a people’s court or with the approval of a people’s
procuratorate.

   Article 3. When it is necessary to arrest an offender the principal facts of whose crime have already been clarified and who could be sentenced
to a punishment of not less than imprisonment, he shall be immediately arrested by decision of a people’s court or with the approval
of a people’s procuratorate.

If an offender liable to arrest is gravely ill or is a woman who is pregnant or is breast-feeding her own child, an alternative measure
may be adopted to allow the offender to obtain a guarantor pending trial or live at home under surveillance.

   Article 4. The arrest of an offender, as decided by a people’s court or approved by a people’s procuratorate, shall be carried out by a public
security organ.

When a public security organ demands the arrest of an offender, it shall obtain the approval of a people’s procuratorate.

   Article 5. When a public security organ arrests an offender, it must hold an arrest warrant and announce the arrest to the person to be arrested.
Within 24 hours after the arrest, the public security organ, the people’s procuratorate or the people’s court shall notify the family
of the arrested person of the reason for arrest and the place of custody, except where notification would hinder the investigation
or there is no way to notify them.

   Article 6. In any of the following emergency circumstances, a public security organ may first detain a major suspect or an active criminal who,
on the basis of his crime, should be arrested:

(1) if he is in the process of preparing to commit a crime, is committing a crime or is discovered immediately after committing a
crime;

(2) if he is identified as having committed a crime by the victim or by an eyewitness;

(3) if he is found to have criminal evidence on his person or at his residence;

(4) if after committing a crime, he attempts to commit suicide or to escape or is already a fugitive;

(5) if he may possibly destroy or falsify evidence, or collude with others to devise a consistent story;

(6) if his identity is unclear and there is strong suspicion that he is a person who goes from place to place committing crimes; or

(7) if he is engaged in beating, smashing, looting or raiding and is gravely undermining work, production or public order.

   Article 7. Any citizen may forthwith seize the following offenders and deliver them to a public security organ, a people’s procuratorate or
a people’s court for handling:

(1) a person who is in the process of committing a crime or is discovered immediately after committing a crime;

(2) a person who is wanted for arrest;

(3) a person who has escaped from prison; or

(4) a person who is being pursued for arrest.

   Article 8. In cases where a public security organ considers it necessary to arrest an offender whom it has detained, it shall, within three
days of detention, give notice to the people’s procuratorate at the same level of the facts and evidence related to the crime of
the detained person. Under special circumstances, the time of detention may be extended for four more days. The people’s procuratorate
shall decide whether or not to approve arrest within three days after receiving the notice. In cases where the people’s procuratorate
decides not to approve arrest, the public security organ shall, immediately after being notified of the decision, release the detained
person and issue him a release certificate.

If the public security organ or the people’s procuratorate has not handled a matter in accordance with the provisions of the preceding
paragraph, the detained person and his family have the right to demand his release, and the public security organ or the people’s
procuratorate shall immediately release him.

   Article 9. In dealing with offenders who resist arrest or detention, the personnel carrying out the arrest or detention may take proper coercive
measures and may use weapons when necessary.

   Article 10. In order to look for criminal evidence when arresting or detaining an offender, the public security organ may conduct a search of
his person, articles and residence and other relevant places. If it suspects any other person of hiding the offender or concealing
criminal evidence, it may also conduct a search of that person, his articles and residence and other relevant places. Except in emergency
situations, the public security organ must have a search warrant during a search.

During a search, the person being searched or his family members, as well as his neighbours or other witnesses shall be present. After
the search, a record shall be made of the circumstances of the search and of any physical evidence of the crime seized. The record
shall be signed by the person searched or his family members, by his neighbours or other witnesses, and by the personnel conducting
the search. If the person to be searched or his family members are fugitives or refuse to sign, this shall be noted in the record.

   Article 11. When a people’s court, a people’s procuratorate or a public security organ considers it necessary to seize the mail and telegrams
of an arrested or detained offender, they may notify the postal and telecommunications organs to do so.

   Article 12. The people’s court, the people’s procuratorate or the public security organ must conduct interrogation of the arrested or detained
offender within 24 hours of his arrest or detention. If it is discovered that he should not have been arrested or detained, he must
immediately be released and issued a release certificate.

   Article 13. The people’s procuratorate shall investigate and deal with persons responsible for any unlawful arrest, detention or search of a
citizen. Where such unlawful action has been taken for the purpose of frame-up, retaliation, taking bribes or other personal aims,
criminal responsibility shall be investigated.

   Article 14. The provisions of these Regulations are not applicable to detentions executed by the public security organs as administrative sanctions
against citizens who have violated the security administration rules.

   Article 15. These Regulations shall go into effect on the day of their promulgation. The Regulations on Arrest and Detention of the People’s
Republic of China promulgated on December 20, 1954 shall be invalidated simultaneously.

    






REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ARREST AND DETENTION

RULES GOVERNING OPERATION OF FOREIGN CIVIL AIRCRAFT

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1979-02-23 Effective Date  1979-02-23  


Rules Governing Operation of Foreign Civil Aircraft


Attachment  I
Attachment  II

(Approved by the State Council and promulgated by the General

Administration of Civil Aviation of China on February 23, 1979)

    Article 1  A foreign civil aircraft, when entering or leaving the
territory of the People’s Republic of China, operating or stopping-over
therein, shall comply with these rules.

    Article 2  A foreign civil aircraft is permitted to enter or leave the
territory of the People’s Republic of China or make flights therein only in
accordance with the air transport agreement or other relevant documents
concluded between the Government of the People’s Republic of China and the
Government concerned, or by application through diplomatic channels to the
Government of the People’s Republic of China and after its acceptance has been
confirmed.

    Article 3  A foreign civil aircraft and its crew and passengers, when
making flights or stopping-over in the territory of the People’s Republic
of China, shall comply with the laws of the People’s Republic of China and
its decrees and regulations relating to entry into, exit from and transit
through its territory.

    Article 4  A foreign civil aircraft, when entering or leaving the
territory of the People’s Republic of China or making flights therein, shall
follow the instructions of the air traffic control (ATC) service of the
General Administration of Civil Aviation of China and observe all regulations
applicable to the flights.

    Article 5  A foreign civil aircraft is permitted to operate scheduled
services and additional flights thereto in the territory of the People’s
Republic of China in accordance with the airtransport agreement concluded
between the Government of the People’s Republic of China and the Government
concerned on routes specified in the agreement.    

    A scheduled flight shall be conducted in accordance with a timetable,
which shall first be submitted to the General Administration of Civil Aviation
of China for approval by the airline designated by the Government of the other
party of the agreement.    

    The application for any additional flight shall be filed with the Civil
Aviation Administration of China by the airline designated by the
Government of the other party to the agreement at least five days before the
anticipated flight or within the time limit specified in the agreement. The
flight can be operated only after a permission thereof has been obtained.

    Article 6  All non-scheduled flights other than scheduled flights and
additional flights operated by a foreign civil aircraft can be operated in
the territory of the People’s Republic of China only after a prior application
has been submitted and acceptance thereof has been confirmed.

    The application for any non-scheduled flight shall be filed through
diplomatic channels at least ten days before the flight unless otherwise
specified in the bilateral air agreement.

    Article 7  The application for any non-scheduled flight shall include the
following particulars:

    (1) nationality of registration, owner and operator of the aircraft;

    (2) purpose of flight;

    (3) type, maximum all-up weight and maximum landing weight of the aircraft;

    (4) identification marks (including nationality and registration marks) of
the aircraft;

    (5) call signs of the radiotelephony and radiotelegraphy of the aircraft;

    (6) frequency range to be used by the radio station on the aircraft;

    (7) name, position and nationality of each crew member; number of
passengers and weight of cargo on board;

    (8) approved weather minima of the pilot-in-command;

    (9) itinerary, date and hours to be flown from the aerodrome of initial
departure to the aerodrome of destination, and the air route to be flown
within the territory of the People’s Republic of China;

    (10) other information.

    Article 8  A foreign civil aircraft operating non-scheduled flights within
the territory of the People’s Republic of China shall be escorted by crew
members (including a navigator and a radio operator) assigned by the General
Administration of Civil Aviation of China to guide the flight aboard the
aircraft unless otherwise stipulated in the clearance.

    Article 9  A foreign civil aircraft operating in the territory of the
People’s Republic of China shall bear its nationality and registration marks.
A foreign civil aircraft without nationality and registration marks shall not
be permitted to make any flight within the territory of the People’s Republic
of China.

    Article 10  A foreign civil aircraft operating in the territory of the
People’s Republic of China shall carry the following documents:

    (1) its certificate of registration;

    (2) its certificate of airworthiness;

    (3) the professional licences or certificates for each member of the crew;

    (4) its journey log book;

    (5) the aircraft radio station licence;

    (6) a general declaration;

    (7) if it carries passengers, a list of their names and places of
embarkation and destination;

    (8) if it carries cargo, a manifest of the cargo.

    Article 11  A foreign civil aircraft shall fly within a specified air
corridor or over a specified entry/exit point when across the national
boundary of the People’s Republic of China. Deviation from the air corridor or
the entry/exit point is prohibited.

    Article 12  Within a time limit of 15-20 minutes before flying across the
boundary of the People’s Republic of China either in entry or exit, the flight
crew of a foreign civil aircraft shall report the following to the relevant
ATC service of the General Administration of Civil Aviation of China:

    – aircraft call sign;

    – estimated time of crossing the national boundary;

    – flight altitude; and
to obtain a clearance for flying across the national boundary in entry or
exit. Without such clearance the aircraft is not permitted to make entry into
or exit from the national boundary.

    Article 13  A foreign civil aircraft, while flying across the border
of the People’s Republic of China or flying over a specified reporting point
in the territory of the People’s Republic of Chin shall report immediately
its position to the relevant ATC service of the General Administration of
Civil Aviation of China. Position report shall contain:

    (1) aircraft call sign;

    (2) position;

    (3) time;

    (4) flight altitude or flight level;

    (5) estimated time of flying over the next position or estimated time of
arrival at the aerodrome of landing;

    (6) other particulars requested by the ATC service or deemed necessary to
report by the air crew.

    Article 14  When a foreign civil aircraft having flown across the national
boundary of the People’s Republic of China either in exit or in entry is
unable to continue its flight due to weather deterioration, malfunction of the
aircraft or any other special reasons, it is permitted to return by the
original route or air corridor. The flight crew shall, in the meantime,
report the following to the relevant ATC service of the General Administration
of Civil Aviation of China:

    – aircraft call sign;

    – reason for forced return;

    – time beginning to return;

    – flight altitude, and

    – aerodrome for intended landing.

    If no instructions have been received within the territory of the People’s
Republic of China from the relevant ATC service of the General Administration
of Civil Aviation of China, the return flight shall generally take a course of
opposite direction at a flight level immediately below the one originally
flown. In case this flight level is below the minimum safe altitude, the
return flight level shall then be immediately above the one originally flown.

    Article 15  No foreign civil aircraft is allowed to fly across the
boundary of the People’s Republi of China or to operate therein without having
established radio contact with the relevant ATC service of the General
Administration of Civil Aviation of China.

    Article 16  When a foreign civil aircraft making flight within the
territory of the People’s Republic of China interrupts its contact with the
aeronautical radio station of the relevant ATC service of the General
Administration of Civil Aviation of China, its crew shall manage to establish
contact with other aeronautical radio stations or other aircraft in flight to
relay aeronautical information. When such effort is of no avail, the flight
shall be conducted in accordance with the following procedures:

    In visual meteorological conditions, the aircraft shall continue to
maintain its flight in VMC and land at a nearby aerodrome (i.e. the aerodrome
of departure, the intended aerodrome of landing or alternate aerodrome
previously designated by the General Administration of Civil Aviation of
China). The landing should be made in accordanc with procedures laid down in
Attachment I, “Symbols and Signals used as Means of Auxiliary Communications”,
to these Rules.

    In instrument meteorological conditions or when a landing at a nearby
aerodrome cannot be made in VMC, the aircraft shall proceed strictly according
to the current flight plan and fly over the NDB of a designated aerodrome of
landing, commencing descent at the estimated time of arrival specified in the
flight plan. The landing should be made within thirty minutes after ETA in
accordance with the normal instrument approach procedure of the NDB.

    In case of radio failure, if the aircraft transmitter is functioning, the
aircraft shall make blind transmission giving the pilot’s intention of
continued flight and other flight information. Blind transmission shall also
be made at predetermined time intervals or over the predetermined reporting
points. If, however, the aircraft receiver is functioning, the aircraft shall
keep a continuous listening watch for the instructions from the aeronautical
ground radio station.

    Article 17  The visual meteorological conditions for an aircraft operating
within the territory of the People’s Republic of China are as follows:

    – visibility: not less than 8km;

    – vertical distance of aircraft from the cloud base: not less than 300m;

    – horizontal distance of aircraft from cloud: not less than l.500m.

    Article 18  The term “safe altitude” refers to the minimum flight altitude
which ensures an aircraft to avoid collision with surface obstacles.

    Over mountainous region and plateau area the safe altitude along an air
route within the territory of the People’s Republic of China is 600m above the
highest elevation within 25km on each side of the centre line of the air
route; over areas other than mountainous region and plateau area, the safe
altitude is 400m above the highest elevation within 25km on each side of the
centre line of the air route.

    Article 19  A foreign civil aircraft making flight within the territory of
the People’s Republic of China shall fly at a specified level or altitude.

    The flight levels within the territory of the People’s Republic of China
are as follows:

    0 through 179 degrees(T): from 600m to 6,000m, flight levels are at
intervals of 600m;

    above 6,000m, they are at intervals of 2,000m.

    180 through 359 degrees(T): from 900m to 5,700m, flight levels are at
intervals of 600m;

    above 7,000m, flight levels are at intervals of 2,000m.

    Flight levels are calculated on a specific pressure datum of 76Omm height
of mercury and courses are measured from true north at the initial and turning
point of an air route.

    Article 20  The flight altitude or flight level for each flight conducted
by a foreign civil aircraft within the territory of the People’s Republic of
China is assigned by the relevant ATC service of the General Administration
of Civil Aviation of China.

    When a foreign civil aircraft finds it necessary to change its altitude or
flight level during flight, no matter what weather conditions prevails, a
clearance must be obtained beforehand from the relevant ATC service of the
General Administration of Civil Aviation of China.

    Article 21  A foreign civil aircraft making flight within the territory of
the People’s Republic of China shall follow a specified air route, deviation
from which is prohibited.

    The maximum width of an air route within the territory of the People’s
Republic of China is 20km and the minimum width is 8km.

    Artilce 22  If the pilot-in-command of a foreign civil aircraft flying
within the territory of the People’s Republic of China is unable to determine
his position, he shall report to the relevant ATC service of the General
Administration of Civil Aviation of China immediately.  

    When a foreign civil aircraft in flight deviates from a specified air
route, the relevant ATC service of the General Administration of Civil
Aviation of China shall do its possible to assist the aircraft in recovering
its original route. However, the ATC service of the General Administration of
Civil Aviation of China shall not be held responsible for whatever
consequences resulted therefrom.                                              

    Article 23  The following rules shall apply when aircraft approaching each
other in visual flight:

    (1) when two aircraft are approaching head-on at the same level, each
shall alter its course to the right, maintaining a separation between them of
500 metres or more;

    (2) when two aircraft are converging at the same altitude, the pilot who
sees from the cockpit the other aircraft on his left shall descend, while the
pilot who sees the other aircraft on his right shall ascend;

    (3) overtaking of aircraft at the same level shall be made at a lateral
distance of 500 metres or more to the right side of the aircraft being
overtaken;

    (4) individual aircraft shall take the initiative to give way to aircraft
in formation or aircraft engaged in towing objects; power-driven aircraft
shall take the initiative to give way to non-power-driven aircraft.

    Article 24  A foreign civil aircraft, when flying within the territory of
the People’s Republic of China, shall maintain continuous guard for timely
radio contact with the relevant ATC service of the General Administration of
Civil Aviation of China in conformity with mode of transmission and
frequencies prescribed by the General Administration of Civil Aviation of
China.

    For air/ground radio communications, the following rules shall be observed:

    (1) ln radiotelegraphy the international Q code is to be used; in
radiotelephony, the Chinese language or any other language agreed upon by the
Government of the People’s Republic of China is to be used.

    (2) For geographic localities, Chinese names in romanization, location
indicators, location designators, identifications of radio navigation aids or
geographical coordinates shall be used.

    (3) Units of measurement: Distance in metres or kilometres: flight
altitude, elevation and height in metres; horizontal speed and wind speed in
air in kilometres per hour; vertical speed and surface wind speed in metres
per second; wind direction in degrees (true north as zero degree); visibility
in kilometres or metres; altimeter setting in millimeters of mercury or
millibars; temperature in degrees (C); weight in tons or kilograms; time in
hours and minutes (GMT on 24-hour basis beginning from zero hours).

    Article 25  A foreign civil aircraft flying within the territory of the
People’s Republic of China shall land at an aerodrome designated by the
General Administration of Civil Aviation of China. Prior to landing, a
clearance shall be obtained from the ATC service at the designated aerodrome;
after landing, no take-off is allowed without a clearance.

    The pilot-in-command of an aircraft on non-scheduled flight shall, after
landing, report to the ATC service at the aerodrome about the flight
conditions within the territory of the People’s Republic of China and shall
file an application for the ensuing flight.

    Article 26  The air crew of a foreign civil aircraft shall have completed
their preflight preparation before departure. The pilot-in-command or his
representative shall submit a flight plan to the relevant ATC service of the
General Administration of Civil Aviation of China at least one hour before
the estimated time of departure.

    When the departure of an aircraft is delayed more than 30 minutes, the
original flight plan shall be revised, or a new one be submitted.

    Article 27  The aerodrome traffic pattern within the territory of the
People’s Republic of China is usually of left hand type with a height normally
between 300 and 500 metres. No aircraft is allowed to overtake another
aircraft of the same type or of similar speed when making flight in the
traffic pattern. A longitudinal separation of 2,000 metres or more shall be
maintained and the effect of wake turbulence shall also be taken into
consideration. Only with ATC permission is an aircraft of higher speed allowed
to overtake the slower one on or before down wind leg, and overtaking shall be
made on the outer side of the pattern with a lateral separation of not less
than 500 metres. Except in the case of emergency landing, no aircraft is
allowed to overtake any other aircraft on the inner side of the traffic
pattern.

    Aircraft entering the traffic pattern shall obtain prior clearance from
the ATC service at the aerodrome, and entry is to be made along the direction
of the pattern and no crosswise interception is allowed.

    Article 28  When a foreign civil aircraft is making a flight at a
terminal control area under visual meteorological conditions, the air crew
shall keep a vigilant watch against possible collision with other aircraft.
The pilot-in-command shall be held responsible if any collision occurs.

    Article 29  When a foreign civil aircraft is taking off from or
landing at an aerodrome within the territory of the People’s Republic of
China, the following altimeter setting procedures are to be observed:

    (1) At an aerodrome where a transition altitude and transition level are
stipulated:

    Before take-off: The aircraft altimeter shall be set to the atmospheric
pressure at the aerodrome elevation; upon reaching the transition altitude the
altimeter shall be set to 760mm.

    Prior to landing: When an aircraft is passing through a transition level,
the altimeter shall be set to the atmospheric pressure at the aerodrome
elevation.

    (2) At an aerodrome where no transition altitude or transition level is
stipulated:

    Before take-off: The aircraft altimeter shall be set to the atmospheric
pressure at the aerodrome elevation; after take-off when the aircraft has
reached in altitude of 600 metres, the altimeter shall be set to 760mm.

    Before landing: When an aircraft has entered the boundary of a terminal
control area or so instructed by ATC controller, the altimeter shall be set
to the atmospheric pressure at the aerodrome elevation.

    (3) At an aerodrome of high elevation:

    Before take-off: When the aircraft altimeter cannot be set to the
atmospheric pressure at the aerodrome elevation, it will then be set to 760mm,
with the indicated altitude interpreted as zero altitude.

    Before landing: When the aircraft altimeter cannot be set to the
atmospheric pressure at the aerodrome elevation, landing is to be made with
the assumed zero altitude notified by ATC controller.

    Article 30  When taking off from or landing at an aerodrome within the
territory of the People’s Republic of China, a foreign civil aircraft shall
observe the aerodrome weather minima specified by the General Administration
of Civil Aviation of China. No take-off or landing is allowed when the weather
conditions are below the minima. If in the case of emergency, the
pilot-in-command decides to land below the minima, he shall be held fully
responsible for his decision and all the consequences arising therefrom.

    When the weather is extremely poor, the ATC service at the aerodrome shall
close the aerodrome, prohibiting all take-offs and landings.

    Article 31  In case of hazardous weather that will endanger the aircraft
en route or in the vicinity of an aerodrome of departure or landing within the
territory of the People’s Republic of China, the relevant ATC service of the
General Administration of Civil Aviation of China may advise the
pilot-in-command of the aircraft in the affected area to postpone the
take-off, turn back or make a diversion to an alternate as appropriate. The
pilot-in-command, however, has the right to make a final decision for which he
is likewise to be responsible.

    Article 32  When a foreign civil aircraft making a flight within the
territory of the People’s Republic of China is found to be in serious
mechanical or other troubles which may endanger its flight safety, the
relevant ATC service of the General Administration of Civil Aviation of China
has the right to terminate its flight and shall in the meantime inform the
State of registry of the aircraft, which shall decide if the flight is to be
continued.

    Article 33  A foreign civil aircraft flying within the territory of the
People’s Republic of China shall not be, in any circumstances, allowed to
enter the prohibited airspace delineated by the People’s Republic of China.
The General Administration of Civil Aviation of China shall take serious
measures vis-a-vis the pilot-in-command of the aircraft entering such
prohibited airspace and shall not be responsible for any consequences that
may produce to such aircraft.

    Article 34  When the General Administration of Civil Aviation of China
declares, under special circumstances, the closure of a specific air route or
an aerodrome, the pilot-in-command of the foreign civil aircraft concerned
shall amend his flight plan according to the NOTAM(s) issued by the General
Administration of Civil Aviation of China or the instructions from ATC service
concerned.

    Article 35  With the exception of parachuting in emergency, no foreign
civil aircraft when flying within the territory of the People’s Republic of
China shall be allowed to jettison articles, spray liquids or make use of
parachutes unless with the permission from the relevant ATC service of the
General Administration of Civil Aviation of China and under prescribed
conditions.

    Article 36  When a foreign civil aircraft flying within the territory of
the People’s Republic of China finds itself in emergency where the safety of
crew and passengers are endangered and immediate assistance is required, the
crew of the aircraft shall immediately send a distress signal to ATC service
of the General Administration of Civil Aviation of China so that search and
rescue service can be provided.

    The distress signal by radiotelephony is “MAYDAY” and by radiotelegraphy,
“SOS”. As soon as a distress signal is sent, the crew of the aircraft in
distress shall do their possible to report the call sign of the aircraft,
nature of distress, present position, altitude and heading of the aircraft,
as well as the intention of the pilot-in-command by emergency communication.
Emergency communication shall be effected on frequencies currently used by
local air/ground radio communications systems. If necessary, the frequencies
can be switched over to the emergency frequencies for further contact in
accordance with the instructions of the relevant ATC service of the General
Administration of Civil Aviation of China. Emergency frequencies are given in
the AIP.

    Article 37  When the safety of a foreign civil aircraft and/or its
occupants on board are endangered in an emergency which does not warrant
immediate assistance, the air crew of the foreign civil aircraft flying within
the territory of the People’s Republic of China shall immediately send an
emergency signal to the relevant ATC service of the General Administration of
Civil Aviation of China. The emergency signal used in radiotelephony is”PAN”
and “XXX” in radiotelegraphy. As soon as emergency signal is sent, the crew of
the aircraft shall also report by radio the call sign of the aircraft, nature
of emergency, its present position, altitude and heading of the aircraft as
well as the intention of the pilot-in-command. Emergency communication shall
be effected on the designated air/ground radio frequency, which can be
switched over to emergency frequencies whenever necessary for further contact.
Emergency frequencies are given in AIP.

    Article 38  A foreign civil aircraft entering or leaving the territory of
the People’s Republic of China shall land at or take off from a designated
airport with Customs, quarantine and frontier inspection offices.

    Article 39  A foreign civil aircraft within the territory of the People’s
Republic of China (including all its necessary documents, crew members,
passengers and articles carried aboard) is subject to inspection by the
relevant agencies of the People’s Republic of China.

    Article 40  A foreign civil aircraft within the territory of the People’s
Republic of China is prohibited from carrying explosives, inflamables,
firearms, ammunition and other prohibited articles as prescribed by the
Government of the People’s Republic of China.

    Article 41  When any crew member or passenger on board the foreign
civil aircraft suffers from an acute disease during flight, the
pilot-in-command shall immediately report to the relevant ATC service for
arrangement of necessary assistance and medical service for the patient upon
landing.

    Article 42  If a foreign civil aircraft flying within the territory of the
People’s Republic of China is found in violation of these Rules, the air
defence aircraft of the Chinese People’s Liberation Army on duty may force the
aircraft to land at a designated aerodrome. Non-compliance with the
instructions of the relevant ATC service of the General Administration of
Civil Aviation of China shall constitute a violation of these Rules.    

    Signals used by the air defence aircraft on duty intercepting a foreign
civil aircraft which is found in violation of these Rules and the signals
used by the intercepted aircraft will be those as prescribed in Attachment II.

    A foreign civil aircraft which is forced to make a landing may continue
its flight only after a clearance has been obtained from the General
Administration of Civil Aviation of China.

    Article 43  If the crew members or passengers of a foreign civil aircraft
entering or leaving the territory

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...