Procedures of Shanghai Municipality on the Security Management of the Water Areas were adopted at the 114^th Routine Meeting of the Municipal People’s Government on February 7, 2021 and are hereby promulgated. They shall be effective as of April 1, 2021.

 

Mayor Gong Zheng

February 15, 2021

 

Procedures of Shanghai Municipality on the Security Management 

of the Water Areas

(Promulgated by Decree No. 44 of Shanghai Municipal People's Government on February 15, 2021)

 

Chapter I  General Provisions

 

Article 1 (Purpose and Basis)

With a view to strengthening the security management of the water areas, maintaining the water security order, ensuring the public security, and protecting the legitimate rights and interests of the citizens, legal persons and other organizations, these Procedures are formulated in accordance with the Law of the People's Republic of China on Penalties for Administration of Public Security, the Regulations on Internal Security of Enterprises and Institutions and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Procedures shall apply to the security management of the rivers, lakes, coasts, reservoirs, anchorages and other water areas within the administrative areas of this Municipality, as well as their coastal areas and uninhabited islands. The security management of the water areas under the jurisdiction of the marine police shall be carried out in accordance with the provisions of the relevant laws and rules.

These Procedures shall apply to the internal security work of the enterprises and institutions engaged in production, operation and other activities related to the water areas of this Municipality beyond the scope prescribed in the preceding Paragraph.

Article 3 (Working Principles)

The security management of the water areas shall follow the principles of government predominance, regulation according to law, mass prevention and control, and scientific and technological support, so as to effectively maintain the security order in the water areas.

 

Article 4 (Government Responsibilities)

The people's governments at all levels shall strengthen the leadership over the security management of the water areas within their respective administrative areas, incorporate the funds required for the security management of the water areas into the financial budgets at the same levels, urge and guide the relevant departments and units to participate in the comprehensive security management of the water areas, and carry out mass prevention and control.

Article 5 (Department Responsibilities)

The municipal public security organs shall be responsible for the security management of the water areas within the jurisdiction of this Municipality, and guide the public security organs of all the districts to do a good job in the daily work of security management of the water areas within their jurisdiction.

The departments of transportation, emergency management, water affairs, ecological environment, greening and city appearance, fishery, culture and tourism shall, in accordance with their respective responsibilities, give assistance in the security management of the water areas.

Article 6 (Coordination and Concerted Action of Law Enforcement)

This Municipality shall establish a comprehensive coordination mechanism for the security management of the water areas led by the municipal public security organs and participated by the relevant departments. The security situation of the water areas shall be regularly studied and analyzed, and major problems in the security management of the water areas shall be solved in coordination.

The municipal public security organ shall establish joint law enforcement, case transfer, information sharing and other mechanisms with the customs, the national maritime affairs, frontier inspection and other agencies directly under the State, as well as the coast guard agencies.

The municipal public security organ shall rely on the "Integrated Online Administration" platform operated by this Municipality, take the lead in the construction of the intelligent system of security prevention and control of the water areas, and collect and share the data related to the security management of the water areas.

Article 7 (Science and Technology Support)

This Municipality shall, by relying on the means of science and technology and information technology, improve the construction of intelligent video and other multi perception equipment and safety technology equipment for the water areas, so as to improve the abilities of the security management of the water areas.

Article 8 (Social Participation) 

The enterprises and institutions within the coastal ranges of the water areas of this Municipality and other enterprises and institutions engaged in production, operation and other activities related to the water areas of this Municipality (hereinafter referred to as water area units) shall actively participate in the security management of the water areas, implement the responsibilities of the security management of the water areas, and cooperate with the public security organs in their implementation of the security management measures of the water areas according to law.

All the units and individuals shall assist the public security organs in maintaining security order in the water areas and cracking down on illegal and criminal acts in the water areas. If any clue to a crime is found, it shall be reported to the public security organs in a timely manner.

 

 Chapter II  Security Management of the Water Area Units

 

Article 9 (General Provisions)

The water area units shall, in accordance with the provisions of relevant laws and rules, formulate internal security systems in line with the characteristics of water area management, set up security organs or designate full-time and part-time security personnel, install necessary security facilities such as video monitoring systems according to the specific conditions of the units, and consciously accept the guidance and supervision of the public security organs.

Article 10 (Key Units of the Water Areas)

The key security units of the water areas, such as the ports, bridges across the river (sea), water conservancy facilities and reservoirs determined by the municipal and district people's governments, shall determine the important security parts of the units in accordance with the relevant national standards, set up necessary technical prevention facilities for the important parts, formulate emergency contingency plans, and regularly carry out emergency drills.

Article 11 (Anti-terrorism Key Target Units in the Water Areas)

The key security units of the water areas determined as the key targets for preventing terrorist attacks shall perform all the safety management responsibilities according to law, formulate the plans and measures to prevent and deal with terrorist activities, conduct training and drills regularly, set up video monitoring devices to cover the important parts, implement risk assessment, monitor security threats in real time, and regularly report to the public security organs on the implementation of the preventive measures.

Article 12 (Sightseeing and Recreational Places in the Water Areas)

Sightseeing and recreational places in the water areas shall meet the following security requirements:

1. the entrance and exit passageways being set up separately and kept unblocked, and necessary emergency broadcasting and emergency lighting devices being provided;

2. safety notices being posted in conspicuous places, and safety warning marks and protective facilities being setting up in dangerous waters and parts;

3. necessary water life-saving facilities and personnel in charge of life-saving being provided; and

4. other security requirements prescribed by laws, rules and regulations.

Article 13 (Coastal Public Space)

The management units of the public spaces along the Huangpu River, Suzhou River and other water areas (hereinafter referred to as the coastal public space) shall set up safety protection and life-saving facilities on the water side, and provide necessary video monitoring facilities and security personnel.

Article 14 (Waterway Transport Operators)

The waterway passenger transport operators shall, in accordance with the relevant laws and rules, implement the real name management of the inter-provincial waterway passenger transport, and carry out the real name ticketing and inspection for the waterway passenger transport tickets.

The waterway passenger transport operators shall inspect the identity of the waterway passengers touring on the Huangpu River and the three Islands in Chongming; if the identity is unknown or the passengers refuse to be examined, the service shall be denied to them.

The waterway transport operators shall, when transporting goods, implement the safety inspection systems in accordance with the relevant laws and rules, check the identity of the customers, conduct safety inspection or open seal inspection for the transported goods, and truthfully register the customer identity and information of the goods. Goods that are prohibited from transportation, have major safety hazards or whose customers refuse to accept safety inspection shall not be transported.

If the safety inspection shall be carried out by the relevant competent departments as rules by laws, rules and regulations, the provisions shall prevail.

Article 15 (Port Operators)

The port passenger station operators shall, in accordance with the provisions, provide corresponding safety inspection facilities to strengthen the safety inspection and public security work.

Where the port operators provide freight services, they shall, in accordance with the provisions, designate special personnel to conduct safety inspection on the personnel, vehicles and goods entering and exiting the ports (wharves).

Article 16 (Yacht Operation and Management Units)

The yacht clubs or other enterprises and institutions in charge of yacht management shall, in accordance with relevant laws and rules, implement security and safety management measures for yachts and keep records of yacht navigation and passenger situations; if it is found that an illegal or criminal act is committed by way of using a yacht, it shall be reported to the public security organs in a timely manner.

Article 17 (Docking of Monitoring Equipment)

The video monitoring systems of the coastal public space and the public areas of the ports (wharves) shall be connected to the intelligent systems of security prevention and control for the water areas in this Municipality. The relevant district people's governments shall give necessary support.

Other water units are encouraged to connect their video monitoring systems for internal security with the intelligent systems of security prevention and control for the water areas in this Municipality.

 

Chapter III  Public Security Management of Ships and Personnel

 

Article 18 (Information Sharing Mechanism of Ships and Personnel)

The public security organs shall establish ship and personnel information sharing mechanisms with the relevant departments of transportation, national maritime affairs, fishery, etc., so as to share the information of the ships registered in this Municipality, the ships not registered but berthed and engaged in water production, operations in this Municipality, and the information of the ship employees, etc.

Article 19 (Security Inspection Stations)

The public security organs may build security inspection stations in the water areas with complex security situations, such as key waterways, passenger and cargo ports (wharves), centralized ship berths, etc., install necessary water area monitoring systems and police equipment, and carry out security inspection of the water areas; under the special circumstances of dealing with terrorist activities and performing major security and security duties, temporary water security checkpoints may be set up according to the needs.

When a public security inspection station is set up in accordance with the provisions of the preceding paragraph, the normal navigation, berthing and operation safety of the ships shall not be disturbed. And the communication and coordination with traffic, national maritime affairs and other relevant departments shall be strengthened.

Article 20 (Passenger and Tourist Service Vessels)

The ferries, sightseeing vessels, yachts, cruise ships and other vessels engaged in waterway passenger transport or tourism services shall meet the following security and safety requirements:

1. provided with emergency lighting devices, emergency evacuation signs, and safety instructions posted in eye-catching positions;

2. provided with necessary video monitoring equipment;

3. provided with necessary life-saving facilities and equipment;

4. provided with full-time or part-time security guards and life-saving personnel;

5. provided with protective and isolation facilities in the sailing areas or necessary restricted areas delimited for the sailing areas; and 

6. other security and safety requirements prescribed by laws, rules and regulations.

Where entertainment places are set up on board of ship, the relevant provisions on the management of entertainment places shall be observed.

Article 21 ("Three No" Ships)

All kinds of ships without ship name, ship number, ship certificate or port of registry are prohibited from berthing, sailing or engaging in production and operation in the water areas of this Municipality and its coastal areas.

The seized vessels mentioned in the preceding paragraph shall be handled by the law enforcement departments of transportation, national maritime affairs, public security, fishery, customs and coast guard in accordance with their respective functions and duties.

Article 22 (Coastal Vessels and Sea-going Personnel)

The border security management of coastal ships and sea-going personnel shall be carried out in accordance with the provisions of the relevant laws, rules and regulations.

 

Chapter IV  Management of Water Area Cases and Incidents

 

Article 23 (Report of Cases and Incidents)

In case of an illegal or criminal case on board of ship, the relevant ship practitioners and their unit shall immediately report to the public security organ and assist the public security organs in their investigation.

When an event that may endanger public security occurs in the water areas of this Municipality and its coastal areas, the competent department receiving the report shall immediately notify the public security organs, which shall deal with it according to law.

Article 24 (Inspection of the Ships in Navigation)

Under any of the following circumstances, the public security organs may carry out inspection according to law:

1. the ships suspected of being stolen, robbed or used as an instrument of crime;

2. security administration being violated or criminal act is being committed on board the ship;

3. an inspection being required for an illegal or criminal case on board a ship, or the goods on board possibly being stolen goods; or

4. other circumstances prescribed by laws, rules and regulations.

Article 25 (Control of the Ships in Navigation)

The public security organs may, due to the need of public security management, notify the transportation, national maritime affairs or fishery administrative departments, and the relative departments shall issue corresponding instructions to order the relevant ships to suspend navigation, change their courses or leave or sail to the designated places.

Under any of the following circumstances, the public security organs may, in accordance with law, order the vessels to suspend navigation, change their courses or sail to the designated places, and at the same time, notify the transportation, national maritime affairs and fishery administrative departments:

1. necessary for anti-terrorist activities;

2. necessary for the investigation of major criminal cases or the handling of major public security incidents;

3. necessary for pursuing important criminal suspects or for protecting the major case scenes.

4. necessary for emergencies such as major security tasks; or

5. other circumstances prescribed by laws and rules.

Article 26 (Salvage Management)

When salvaging sunken ships and sunken objects, the units and individuals shall report to the public security organs immediately after they find guns, ammunition, crossbows, daggers and other controlled instruments prescribed by the State, suspected explosive, toxic, radioactive, corrosive and other dangerous substances, as well as other prohibited goods or suspected stolen goods. After receiving the reports, the public security organs shall deal with them according to law.

Article 27 (Management of Illegal Fishing)

The unit and individual fishing in the prohibited fishing areas or during prohibited fishing seasons or by using prohibited tools or methods in violation of the provisions on the public security management shall be dealt with by the public security organs according to law.

Article 28 (Disposal of Corpses)

Any unit or individual that finds a corpse in the water areas of this Municipality shall immediately report to the public security organs. After receiving the reports, the public security organs shall deal with them in a timely manner, and the relevant units and individuals shall provide assistance. Without the permission of the public security organs, no unit or individual may dispose of the corpses without authorization.

Article 29 (Management of Mass Gathering Activities)

Where mass gathering activities such as assembly, tourism, entertainment and sports are held in the water areas of this Municipality, safety work plans shall be formulated in accordance with the relevant provisions of the safety management of large mass activities, and the management of mass gathering activities in public places of the State and this Municipality. And relevant examination and approval and filing procedures shall be handled in accordance with the law.

Article 30 (Prohibited Acts)

The following acts in violation of the provisions on the security management of the water areas shall be prohibited:

1. disturbing public order in ports (wharves), anchorages and other areas or on ships;

2. disturbing the order of the units in the water areas or the order of mass gathering activities in the water areas;

3. entering or docking without authorization in the water areas or islands prohibited or restricted to enter by the State or this Municipality;

4. obstructing the passage of the fire-fighting, first-aid, emergency and police vessels carrying out emergency tasks, and forcibly breaking into the alert zones, alert areas and guard fleet;

5. illegally intercepting or forcibly boarding other persons' ships, sailing or stealthily sailing other persons' motorized ships without sailing licenses, deliberately crashing other persons' ships or other dangerous sailing acts endangering the public safety of the water areas;

6. stealing or damaging navigation aids, water conservancy and flood control engineering facilities or relevant inspecting and monitoring facilities and equipment in the water areas;

7. forging or altering ship certificates or crew certificates, buying, selling or using forged or altered ship certificates or crew certificates, or altering the engine number of the ships and other acts impairing the security management of the ships;

8. engaging in prostitution, whoring, gambling, drug taking or injection and other acts that hinder social management by way of using vessels or water related places;

9. illegally concealing, retaining or disposing of the prohibited articles floating in the water areas without authorization; or

10. other acts in violation of the security administration of the water areas.

 

Chapter V  Legal Liability

 

Article 31 (Guidance Clause)

For the acts in violation of the provisions of these Procedures, if there are provisions in the relevant laws and rules such as the Law of the People's Republic of China on Penalties for Administration of Public Security and the Regulations on the Regulations on Internal Security of Enterprises and Institutions shall prevail. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 32 (Punishment for the Relevant Prohibited Acts)

Those who, in violation of Item 3 of Article 30 of these Procedures, enter or dock at the water areas or islands prohibited or restricted to enter by this Municipality without authorization shall be fined not less than 500 yuan but not more than 1000 yuan by the public security organs.

Those who, in violation of Items 5 and 9 of Article 30 of these Procedures, commit one of the following acts shall be fined not less than 1000 yuan but not more than 5000 yuan by the public security organs. If the circumstances are serious, a fine of not less than 5000 yuan but not more than 20000 yuan shall be imposed upon the violators.

1. intentionally colliding with other persons' ships or other dangerous sailing acts endangering the public safety of the water areas;

2. illegally concealing, retaining or disposing of the prohibited articles floating in the water areas without authorization.

Article 33 (Responsibility Investigation)

The people's police of the public security organs and other state personnel who neglect their duties, abuse their power or bend the law for personal gain in the security management of the water areas shall be punished according to law; If a crime is constituted, criminal responsibilities shall be investigated according to law.

 

Chapter VI  Supplementary Provisions

 

Article 34 (Ship Definition)

The vessels mentioned in these Procedures refer to all kinds of draining or non-draining vessels, boats, rafts, water vehicles, submersibles, mobile platforms and other water mobile devices.

The management of military ships, public service ships and ships of foreign nationality shall be carried out in accordance with the relevant provisions of the State.

Article 35 (Effective Date)

These Procedures shall be effective as of April 1, 2021. The Interim Provisions of Shanghai Municipality on the Management of Water Security promulgated by the Municipal People's Government on December 13, 1994, amended and re-promulgated in accordance with Decree No. 52 of Shanghai Municipal People's Government on December 20, 2010 shall be repealed at the same time.