Port Law of The People's Republic of China 16

Article 50 In case the port operators implement monopoly acts or unfair acts in business activities in violation of the relevant laws and administrative laws and regulations, legal responsibilities should be undertaken in compliance with the provisions of the relevant laws and administrative laws and regulations.

Article 51 The port operators in breach of the provision on security production of Article 32 of this Law, the port administrative department or other department in charge of supervision and administration of security production by force of law may accord corresponding punishment; in serious case, the port administrative department may revoke the port operation license and accord punishment with the principal responsible persons; and in case of crimes constituted, penal punishment may be prosecuted by force of law.

Article 52 In case of entry and exit of ships of the port without reporting to the marine administrative authority in compliance with the provisions of Article 34 of this Law, the marine administrative authority shall accord with the punishments according to the laws and administrative laws and regulations of water traffic.

Article 53 In case of undertaking of handling and transferring among ships dangerous cargos in the port without reporting to the port administrative department with consent by force of law, the port administrative department may order for stopping of the operations with fines no lees than RMB5,000. 00 but no more than RMB50,000. 00.

Article 54 In case of cultivation and plantation activities in the port water areas, the marine administrative department shall order for correction within time limit, and in case no correction has been made upon such order, the cultivation and plantation facilities should be dismantled with the expenses thereof to be borne by the offender, and/or together with fine no more than RMB10,000. 00.

Article 55 In case of digging and explosion activities, or pouring clay, sand, and stone in the port water areas that may harm the port security without approval by force of law, the port administrative department shall order for stopping such acts and for elimination of any hidden risk thereof within time limits; and in case no elimination has been achieved, such elimination shall be enforced with the expenses thereof to be borne by the offender, and/or together with fine no less than RMB5,000. 00 but no more than RMB50,000. 00; in case of punishment to be imposed by the marine administrative department in compliance with the provision of the laws and administrative laws and regulations of water traffic, such provision should be observed, and in case of crimes constituted, penal punishment should be prosecuted.

Article 56 In case of any of the following acts on the part of the competent traffic authority, the port administrative department or the marine administrative department in violation of law, the direct responsible executive and other direct responsible person should be accorded with administrative punishment, and in case of crimes constituted, penal responsibilities should be prosecuted: (1) Approval for construction of port facilities and use of port coastal lines in violation of law, approval for construction of operation sites for dangerous cargos in the port, or special sites for sanitary and insecticide treatment in violation of law, or approval for entry or exit of ships with dangerous cargoes of the ports in violation of law, or approval for handling and transfer among ships dangerous cargos in the ports in violation of law; (2) Granting port operation license or port trimming service licenses to applicants not eligible for legal conditions; (3) Not timely revoking the licenses if finding that the port operators and port trimming service operators with operation licenses are no longer eligible for statutory conditions; and (4) Not performing supervision and inspection obligations by force of law, thus not imposing punishment or treatment buy force of law on acts of construction of port, dock or other port facilities in violation of law, on acts of undertakings of port operations or port trimming services in violation of law, on acts not observing the security production and management provisions, on acts of endangering the port operation security or other acts in violation of this Law.

Article 57 In case the administrative authority violates the rights of the port operators for autonomous operations, its superior authorities of supervisory authorities may order it for correction, and in case of distribution in property or in kind or illegal collection of charges among and from the port operators, order will be made for return or refund, and in serious circumstance, the direct responsible executive and other direct responsible person should be accorded with administrative punishment by force of law.

to be continued