海洋行政处罚实施办法 Measures for Implementation on Maritime Administrative Punishments

istrative punishments according to law， no maritime administrative punishment will be meted out；

　　c. If the facts about the violation are not well-grounded， no maritime administrative punishment may be meted out；

　　d. If the violation has constituted any crime， it shall be delivered to the judicial organs for handling.

　　Article 21 If a case for which maritime administrative punishments are to be meted out is complex in circumstances or is a serious violation as provided for in Article 41 of the present Measures， the enforcing authorities shall arrange for a joint hearing of the case.

　　Article 22 Before making a decision of maritime administrative punishments， the enforcing authorities shall inform the parties of the facts， reasons and grounds for meting out the punishments and the decision of suggested maritime administrative punishments， and shall inform the parties concerned that they are entitled to make statements and appeals.

　　Article 23 To enforce a maritime administrative punishment， a written decision of maritime administrative punishment shall be formulated according to the provisions of Article 39 of the Law of the People's Republic of China on Administrative Punishments.

　　Article 24 If， in the investigation of maritime violations by applying the ordinary procedures， it would be difficult to enforce a maritime administrative punishment unless it is enforced on the spot or if it is so requested by the parties concerned， the maritime supervisors may make a decision of maritime administrative punishment and enforce it on the spot. However， relevant written formalities shall be made up within five days after they come ashore.

　　Before making a decision of maritime administrative punishment， the maritime supervisors shall inform the parties concerned on the spot that they are entitled to make statements and appeals.

　　The present Measures are not applicable to the investigation of serious maritime violations.

　　Chapter V Procedures of Hearing

　　Article 25 The enforcing authorities shall， prior to making any decision of maritime administrative pun

ishments concerning any serious maritime violations according to Article 41 of the present Measures， inform the parties concerned that they are entitled to request for holding hearings. Where any of the parties concerned requests for holding a hearing， a hearing shall be held.

　　The parties concerned shall file their applications for holding hearings within three days after being informed. In case they fail to file any application within the time limit， it shall be deemed that they have waived their right.

　　Article 26 The notice of maritime administrative punishment shall be serviced to the parties concerned seven days before a hearing is held.

　　Article 27 The hearings shall be presided by the persons designated by the enforcing authorities.

　　None of the maritime supervisors that handle cases （hereafter “case-handling supervisors”） or any person who has any direct interest in the cases involved may not preside the hearing concerned.

　　Article 28 Where any of the parties concerned believes that the presider of the hearing has direct interests in the case， he is entitled to request him to withdraw. Whether the presider is to withdraw or not shall be subject to the decision of the person-in-charge of the enforcing authority.

　　Article 29 The parties concerned， the case-handling supervisors and the third parties that may have interests in the conclusion of case may participate in the case hearings.

　　The parties concerned may also entrust one or two agents to appear at the hearing on their behalf. The entrusted agents shall， prior to the holding of the hearing， submit a power of attorney.

　　Article 30 A case hearing shall be held in public unless any of the state secrets， commercial secrets or personal privacies is involved.

　　Article 31 A hearing shall be held according to the order as described below：

　　a. The presider announces the facts of the case and the disciplines of the hearing， verifies the identities of the participants， and inform the parties concerned of their rights and obligations， and declares the commencement of the hearing；

　　b. The case-handling supervisors present the facts of violation of the parties concerned， the evidences， grounds for punishments， and the suggestions for punishment；

　　c. The parties concerned or the entrusted agents thereof make statements or defenses concerning the facts of the case， present relevant evidences for cross-examination；

　　d. The presider of the case interrogates the case-handling supervisors， the parties concerned and witnesses with regard to the facts of the case， the evidences and legal grounds；

　　e. The case-handling supervisors， parties concerned or the entrusted agents thereof make their final statements；f. The presider of the hearing announces the concluding of the case hearing.

　　Article 32 Written records shall be made for hearings. The written records shall bear the signatures or seals of the case-handling supervisors， the parties concerned or the entrusted agents thereof after verification.

　　The testimony of the witnesses in the written records shall be subject to the verification of the witnesses and bear the signatures or seals thereof.

　　The written records of hearing shall be subject to the examination and review of the presider of the case hearing， and shall bear the signatures or seals of the presider and the recorder.

　　Article 33 After a hearing is concluded， the presider of the hearing shall make a written comment with regard to the case facts， evidences， grounds for punishment and the suggested punishment.

　　Chapter VI Servicing

　　Article 34 The decisions of maritime administrative punishments shall be serviced to the parties concerned within seven days after they are made.

　　Article 35 The decisions of maritime administrative punishments shall be serviced directly to the parties concerne

d. If the party concerned is a natural person and if he is not present， the decision may be received by any of his adult family members that lives together with him. Where the party concerned has designated any one to receive the decision on his behalf， it shall be serviced to the designated person. If the party concerned is an entity， it shall be serviced to the legal representative of the entity or the major person-in-charge of the entity or any person of the entity who take care of receiving letters.

　　The date signed by the party concerned， the adult family member that lives together therewith， the designate person， the legal representative of the entity， the major person-in-charge of the entity or the person who takes care of receiving letters on the receipt shall be the date of service.

　　Article 36 Where any of the parties concerned refuses to receive the decision of maritime administrative punishments， the serviceman shall invite relevant persons to be present at the scene， explain the situation and mark the refusal and date on the service receipt， have it signed by both the serviceman and the witnesses， and leave the decision of maritime administrative punishment to the person who takes care of receiving letters or at the dwelling place of the person subject to punishment， and the service shall be deemed as having been effected.

　　Article 37 Where it is difficult to service the decision of maritime administrative punishments directly， it may be serviced by mail.

　　In the case of service by mail， the date marked by the party concerned on the receipt shall be the date of service. Where the date as marked on the service receipt is not identical to the date as marked on the receipt of the registered letter， or if the service receipt fails to be sent back， the date as marked on the receipt of the registered letter shall be the date of service.

　　Article 38 In case any decision of maritime administrative punishments cannot be serviced by any of the ways as described in Articles 35， 36 and 37， it may be serviced by public announcement. Sixty days after the public announcement is made， it shall be deemed that the service has been effected.

　　In the case of service by public announcement， the reasons and process shall be recorded.

　　Chapter VII Supplementary Provisions

　　Article 39 In case there are no corresponding provisions in the present Measures， the relevant provisions of the Law of the People's Republic of China， the Law of the People's Republic of China on Administrative Reconsideration， and the Administrative Procedure Law of the People's Republic of China， etc. shall be implemented.

　　Article 40 The basic formats of the instruments of maritime administrative punishments shall be subject to the uniform formulation of the administrative department of seas under the State Council.

　　Article 41 A serious maritime violation refers to any of the cases of maritime administrative punishment as described below：

　　a. Ordering the stop of an offshore operation of laying seabed cables and pipelines that has been approved， ordering the stop of foreign-related maritime scientific research activities that have been approved， ordering the stop of the construction or production or use of the maritime construction projects that have been approved， and the ordering the stop of any other operations that have been approved.

　　b. Canceling the permit for dumping wastes into the sea；

　　c. Writing off the certificates for using sea areas and withdrawing the right to use sea areas；

　　d. A maritime administrative pun

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