Port Law of the peoples Republic of China 中华人民共和国港口法

d if the consequences are serious， his port operation permit shall be revoked by the authority.

　　Article 50 where a port operator， in violation of the provisions of relevant laws and administrative regulations， makes a monopoly of the operation or conduct illegitimate competition， he shall bear legal responsibility in accordance with the provisions of relevant laws and administrative regulations.

　　Article 51 Where a port operator violates of the provisions in article 32 of this Law concerning safe production， he shall， in accordance with law， be sanctioned by the port administration authority or other departments charged with the duty of supervising safe production in accordance with law； if the circumstances， are serious， the port administration authority shall revoke his port operation and shall punish the principal leading member in accordance with law； and if a crime is constituted the offender shall be investigated for criminal responsibility in accordance with law.

　　Article 52 Where before entering or leaving a port， a vessel fails to report to the maritime administration authority in accordance with the provisions in. Article 34 of this Law the said authority shall impose a punishment according to the provisions in the laws and administrative regulations concerning waterway traffic safety.

　　Article 53 Whoever fails to report to and obtain approval from the port administration authority in accordance with law before loading， unloading and lightering dangerous cargoes in a port area shall be instructed by the port administration authority to stop the operation and shall be fined not less than 5，000 yuan but not more than 50，000 yuan.

　　Article 54 Whoever engages in aquiculture or planting the water area of a port shall be instructed by the maritime administration authority to rectify within a time limit； if he fails to do so at the expiration of the time limit， the cultivation and planting facilities shall be demolished compulsorily， and the expenses thus entailed shall be borne by the law-breaker； and he may he fined not more than 10，000 yuan.

　　Article 55 Whoever without obtaining approval in accordance with law， engages in excavation， demolition other activities in a port area that may threaten port safety， or dumps soil or sand and stone into the water area of port shall be instructed by the port administration authority to stop the illegal acts and eli

minate， within a time limit， the hidden dangers that threaten safety； if he fails to eliminate the hidden dangers the expiration of the time limit， the dangers shall be eliminated compulsorily and the expenses thus entailed shall be borne by the law-breaker； he shall be fined not less than 5，000 yuan but not more than 50，000 yuan； where， according to the provisions in the laws and administrative regulations concerning waterway traffic safety， punishment shall be imposed by the maritime administration authority ， those provisions shall prevail； and if a crime is constituted， the offender shall be investigated for criminal responsibility in accordance with law.

　　Article 56 Where the competent department of communications the port administration authority or the maritime administration authority fails to perform its duties in accordance with law and commits one of the following acts， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law； if a crime is constituted， criminal responsibility shall be investigated in accordance with law：

　　（1） in violation of law， approving the use of port coastlines for the construction of port facilities or approving construction of places in port for handling dangerous cargoes or special places for sanitation and pest elimination， or approving the entry or departure of a vessel carrying dangerous cargoes or approving the loading ，unloading or lightering of dangerous cargoes in port；

　　（2） granting permission for operation or port tallying to applicants who do not meet the statutory requirements；

　　（3） failing to revoke the permit obtained by a the port operator or port tallyman immediately after discovering that he no longer meets the statutory permission requirements； or

　　（4） failing to perform the duties of supervision and inspection in accordance with law and failing to investigate and impose punishment on the construction of ports or other port facilities at variance with port plans， on port operation or port tallying engaged in without obtaining permission in accordance with law on failure to comply with the regulations concerning administration of safe production on acts threatening the safety of port operation and on other acts violating the provisions of this law.

　　article 57 Where an administrative organ interferes with the right of a port operator to make his own decisions for his operation it shall be instructed by the administrative organ at the next higher level or a supervisory authority to rectify ； where such an organ collects money or things of value from among port operators or collects fees from among them in violation of law shall be instructed to return the same and if the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

　　chapter VI

　　supplementary provisions

　　Article 58 To open a port to vessels navigating international routes， the relevant people's government of the province， autonomous region ， or municipality directly under the central Government shall in accordance with the relevant regulations of the states consult the relevant departments under the state Council and the military authorities concerned and after obtaining their consent， submit the matter to the state council for approval.

　　Article 59 the competent fishery administration department of the people's government at or above the county level shall be in charge of the administration of fishery ports， The specific measures in this regard shall be formulated by the state Council.

　　As used in the preceding paragraph fishery port mean man-made ports or natural harbors， including the special fishing harbors， special water areas for fishery and special anchorages for fishing in a multi-purpose port， which are specially in the service of fishery production， for

fishing to anchor to take shelter from the winds， to load and unload their catches and to replenish the supply of the necessities for fishing.

　　Article 60 The measures for the construction and administration of military ports shall be formulated by the state Council and the central Military commission.

　　Article 61 This law shall go into effect as of January 1，2004

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