中华人民共和国海关关于来往香港、澳门小型船舶及所载货物、物品管理办法 Decree of the General Administration of Customs of the Peoples Re

may file a declaration to the customs in advance.

　　Article 14 Where it is necessary to modify the electronic manifest data confirmed by the customs， the person-in-charge or its agent shall file an application to the customs. The said electronic manifest data may be modified upon consent of the customs.

　　Article 15 The customs shall preserve the electronic manifest data and track data for 3 years from the day when it confirms the declared manifest of a small vessel.

　　Article 16 After a small vessel starts to enter or exit China， it shall enter the specified area， receive and confirm the navigation instructions， and directly pass by the MSO or anchor near the MSO for going through the relevant formalities according to the instructions.

　　Article 17 When a small vessel receives the instruction that it shall stop sailing to go through the relevant formalities， it shall sail into the anchorage as specified by the MSO.

　　With regard to a small vessel entering China， it may continue to sail to the port of destination within China after its Supervisory Book of the Customs has been marked and approved by the MSO and it has completed the formalities for confirming the electronic manifest data and making the customs seal.

　　With regard to a small vessel exiting China， it shall submit the manifest and other vouchers with the seal of the customs at the port of loading to the MSO for confirmation. It may continue to sail to the overseas port of destination after its Supervisory Book of the Customs has been marked by the MSO.

　　Article 18 After a small vessel arrives at the port of destination within China， the person-in-charge or agent of the vessel shall submit the Supervisory Book of the Customs， paper manifest and other vouchers to the customs for completing the relevant formalities.

　　With regard to a small vessel that has gone through the relevant formalities at an MSO， it shall submit the customs seal.

　　Article 19 The person-in-charge of a small vessel shall properly preserve the paper manifest， customs seal and other vouchers confirmed by the customs.

　　Article 20

When a small vessel loads or unloads cargoes entering or exiting China， the person-in-charge or agent of the vessel shall verify the cargoes according to the manifest， if he （she） finds excessive or short shipment （unloading）， wrong shipment （unloading）， broken and damaged goods or any other mistakes， he （she） shall note down properly and tackle this matter in accordance with Article 14 of the present Measures.

　　Article 21 With regard to the articles for public use and self-use articles of the shipmen carried by a vessel entering or exiting China， one shall faithfully fill in the Entry-exit Declaration Form for Public Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao （See Attachment 6） and the Entry-exit Declaration Form for Self-use Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao （See Attachment 7）， the customs shall complete the verification and clearance formalities in pursuance of the relevant regulations

　　Article 22 Where a small vessel installs machine parts， or re-supplies ship's fuel， materials and articles for public use， one shall fill in the Declaration Form for Fuel and Materials Re-supplied Abroad to Small Vessels Coming from and Going to Hong Kong / Macao （See Attachment 8）， and shall submit the relevant payment vouchers or invoices to the customs for verification， and shall undergo the import formalities.

　　Article 23 No small vessel may carry import / export cargoes and non-import / export cargoes on board at the same time.

　　Article 24 Upon approval of the departments of transport， a small vessel may concurrently engage in transportation within China.

　　Whenever a small vessel changes the overseas transportation into domestic transportation or vice versa， one shall report to the customs for archival purposes. The customs shall mark the Supervisory Book of the Customs and complete the relevant formalities.

　　Article 25 During the period from a small vessel's entering China to the completeness of the customs clearance formalities， or during the period after a small vessel has completed the customs formalities at the port of loading， the vessel shall not anchor， load or unload cargoes and articles or have people get on or get off， without approval of the customs.

　　Article 26 Where a small vessel anchors， loads or unloads cargoes or articles， or lets people get on or off at a time or area other than the one specified， it shall have obtained the approval of the customs in advance； where it needs the customs to perform the supervisory functions， it shall pay the stipulated fees in accordance with the relevant provisions.

　　Article 27 Where a small vessel is forced to anchor， take up a berth， load or unload cargoes or articles， or lets people get on or off due to force majeure at a place where no customs is established， the person-in-charge of the vessel shall immediately report to the nearby customs.

　　Where a small vessel is unable to anchor in the MSO for completing the entry / exit formalities due to confronting a storm， it may directly sail to the port of destination upon permission of the MSO.

　　Article 28 An MSO may put marks on the cargoes carried by a small vessel and the compartments of the vessel， it may assign persons to conduct supervision over the vessel when the vessel arrives at the port of destination where necessary， the person-in-charge or agent of the vessel shall provide convenience.

　　Article 29 Where the customs examines a small vessel， the person-in-charge or agent of the vessel shall be present， shall open all the places， containers or packages of cargoes and move the cargoes or materials according to the demands of the customs. Where the customs deems necessary， it may directly conduct examination， re-examination or take samples of cargoes.

　　When the customs examines the baggage and articles of the shipmen， the relevant shipmen shall be

present and shall open the baggage and packages and places for storing articles.

　　Chapter IV Legal Liabilities

　　Article 30 If anyone violates the Customs Law of the People's Republic of China and the provisions of the present Measures， by smuggling or any act in violation of the supervisory provisions of the customs， he （she） shall be punished in accordance with the Customs Law of the People's Republic of China， the Detailed Rules for the Implementation of the Administrative Punishments of the Customs of the People's Republic of China and other relevant laws and administrative regulations. Where any crime is constituted， he （she） shall be subject to criminal liabilities.

　　Chapter V Supplementary Provisions

　　Article 31 The power to interpret the present Measures shall remain with the General Administration of Customs.

　　Article 32 The present measures shall come into force as of March 15， 2004. The Measures of the Customs of the People's Republic of China for the Supervisory Administration of the Small Vessels Coming from and Going to Hong Kong and Macao and Cargoes and the Articles on them and the Measures of the General Administration of Customs of the People's Republic of China for the Administration of the Registration and Record Keeping of the Small Vessels Coming from and Going to Hong Kong and Macao issued by the General Administration of Customs of the People's Republic of China on October 17， 1998 shall be repealed at the same time.

　　Attachments：

　　1. The Registration and Record-Keeping Form for Small Vessels Coming from and Going to Hong Kong and Macao （Omitted）

　　2. The Register and Record Keeping Certificates for Small Vessels Coming from and Going to Hong Kong and Macao （Omitted）

　　3. The Supervisory Book of the Customs for Small Vessels Coming from and Going to Hong Kong and Macao （Omitted）

　　4. Notice on Disapproval of Record Keeping of Small Vessels Coming from and Going to Hong Kong and Macao （Omitted）

　　5. The Annual Examination Report on Small Vessels Coming from and Going to Hong Kong and Macao （Omitted）

　　6. Entry-exit Declaration Form for Public Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao （Omitted）

　　7. Entry-exit Declaration Form for Self-use Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao （Omitted）

　　8. Declaration Form for Fuel and Materials Re-supplied Abroad to Small Vessels Coming from and Going to Hong Kong / Macao （Omitted

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