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Chinese Statutes and Regulations
Regulations for Civil Aviation Security
Table of Contents:
Article 1. These Regulations are formulated for the purpose of safeguarding civil aviation against acts of unlawful interference, maintaining the order of civil aviation and ensuring the safety of civil aviation. Article 2. These Regulations apply to all civil aviation activities and to the organizations and individuals related to civil aviation activities in the territory of the People's Republic of China. Unless it is otherwise provided in international treaties concluded or participated in by the People's Republic of China, these Regulations also apply to civil aircraft possessing the nationality of the People's Republic of China engaged in civil aviation activities outside the territory of the People's Republic of China. Article 3. The principle of unified control and division of responsibilities shall be exercised in the work of civil aviation security. The civil aviation public security organs shall be responsible for the unified control, inspection and supervision over civil aviation security. Article 4. The local governments and civil aviation organizations related shall co-operate closely and safeguard civil aviation safety jointly. Article 5. Passengers, consignors, consignees and other persons entering an airport shall comply with the laws, rules and regulations relating to civil aviation safety control. Article 6. Any operator of civil airport and any operator of civil aircraft shall perform the duties as follows: Any foreign civil aviation enterprise operating air services to and from the People's Republic of China shall submit its civil aviation security program to the competent civil aviation authority under the State Council. Article 7. Any citizen has the right to report to the civil aviation public security organs any premeditated seizure or destruction of civil aircraft or any other acts that endanger civil aviation safety. Article 8. Reward shall be given by the relevant people's government or by the competent civil aviation authority under the State Council to the organizations or individuals making remarkable contributions to safeguarding civil aviation safety. Article 9. The construction, alteration or extension of civil airport (including the civil part of such airport as jointly used by military and civil units) shall comply with the provisions relating to construction of civil airport security facilities prescribed by the competent civil aviation authority under the State Council. Article 10. A civil airport may be opened for use only if it meets the security requirements as follows: Article 11. The airport controlled zone shall be divided, in accordance with security needs, into isolated departure area, baggage sorting loading and unloading area, aircraft movement area, maintenance area and cargo storage area, etc. Security protection facilities and obvious signs shall be set up respectively. Article 12. Strict security measures shall be established for the airport controlled zone, and the area shall be of a closed type and be controlled separately. The detailed rules to implement this article shall be prescribed by the competent civil aviation authority under the State Council. Article 13. All persons and vehicles, while entering the airport controlled zone, shall bear the Pass for Airport Controlled Zone and be subject to check by security guard. The Pass for Airport Controlled Zone shall be made, issued and controlled by the civil aviation public security organ in accordance with the relevant regulations of the competent civil aviation authority under the State Council. Article 14. In the aircraft movement area and the maintenance area, all persons and vehicles shall followed the designated routes. Vehicles and equipment shall be parked at designated positions. All persons and vehicles shall make way for aircraft. Article 15. Special persons shall be assigned to guard the civil aircraft parked at an airport. All the organizations and their staff concerned shall strictly implement the aircraft hand-over and take-over procedures. Article 16. The following acts in an airport are prohibited: Article 17. All carriers and their agents, while selling passenger tickets, shall comply with the relevant regulations of the competent civil aviation authority under the State Council; no passenger ticket shall be sold to the passengers not conforming to those regulations. Article 18. All carriers shall check passengers' identities and their baggage while performing carriage procedures. Article 19. All carriers shall check the number of passengers when they board aircraft. The baggage of the passenger who has already been checked in but fails to board shall not be loaded onto or retained in the aircraft. If a passenger gets off the aircraft midway, his baggage shall be unloaded. Article 20. All carriers shall assign special persons to take charge of baggage and cargo during storage on ground and the period of transportation. Article 21. All organizations that prepare onboard supplies or load them shall ensure the safety with respect to such supplies loaded into aircraft. Article 22. The pilot-in-command shall be generally responsible for the security in an aircraft in flight. The aviation security officer shall be especially responsible for the security under the directions of the pilot-in-command. The pilot-in-command, the aviation security officer and the other crewmembers shall strictly fulfill their respective duties to ensure the safety of the civil aircraft and that of the persons and the property carried thereon. Article 23. The pilot-in-command, while performing his (her) duties, may: Article 24. Any of the following acts interfering with the order of civil aviation operation is prohibited: Article 25. Any of the following acts in an aircraft is prohibited: Article 26. Passengers and other persons boarding aircraft, together with the baggage they carry, shall be subject to security check except those exempted from check as prescribed by the State Council. Any person who refuses to go through security check shall be denied boarding and bear the loss himself (herself). Article 27. The security check staff shall examine the ticket, the identity document and the boarding pass of the passenger and inspect the passenger and his (her) baggage instrumentally or manually. The inspection may be stricter if necessary. The passengers having already passed the security check shall wait for boarding in the isolated departure area. Article 28. Staffs (including crewmembers) and their accompanied articles shall be subject to security check while entering the isolated departure area. Persons meeting or seeing off passengers as well as any other person may not enter the isolated departure area. Article 29. Diplomatic mailbags are exempted from security check. Unless otherwise provided in international treaties concluded or participated in by the People's Republic of China, Diplomatic couriers and their accompanied articles shall be subject to security check. Article 30. Air cargo shall be subject to security check or other security measures. No consignor may consign an article with false description or secretly include dangerous articles in the cargo. Article 31. Airmail shall be subject to security check. In case a suspectable airmail is discovered, the security check agency and the postal agency shall jointly open it for examination and handling. Article 32. Unless otherwise specified by the state Council, any of the following articles is prohibited to be carried on board or consigned: Article 33. Passengers may not carry on other articles that could be used to jeopardize flight safety, though not included in Article 32. However, those articles may be consigned as baggage or, in accordance with the relevant regulations of the competent civil aviation authority under the State Council, be carried by crewmembers and be returned to the passengers at the destination. Articles for daily use containing inflammable substance may be carried in limited quantity. The descriptions and quantity limitations of such articles are to be specified by the competent civil aviation authority under the State Council. Article 34. Any person violating the provisions of Article 14 or committing an act listed in Article 16 subparagraph (1) or (2), or Article 25 shall be punished by the civil aviation public security organ in accordance with the relevant provisions of the "Regulations of the People's Republic of China on Administrative Penalties for Public Security". Article 35. Any person committing an act listed below shall be punished by the civil aviation public security organ in accordance with the provisions as follows: Article 36. Where the provisions of these Regulations are violated under the following circumstances, the competent civil aviation authority under the State Council may punish the responsible organization by warning, stopping its business for rectification or imposing a fine of less than 50,000 RMB; the civil aviation public security organ may punish the person directly responsible by warning or imposing a fine of less than 500 RMB: Article 37. Any violation of these Regulations that constitutes a crime shall be subject to criminal prosecution according to law. Article 38. Any violator of these Regulations, in addition to the penalties prescribed in this Chapter, shall be liable for any damage caused to third parties. Article 39. For the purpose of these regulations, "Airport controlled Zone" means a zone defined in an airport in the light of safety, the entry into and exit from which are restricted; "Isolated Departure Area" means an area defined in a terminal building (lounge) in the light of safety, in which departing passengers who have passed security check wait to board the aircraft, as well as boarding passage and ferry vehicle; "Aircraft Movement Area" means an area in an airport used for takeoff, landing or other ground movements of aircraft, including runway, taxiway, connecting taxiway and passenger apron. Article 40. These Regulations shall become effective as of the date of promulgation.
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¦ Chinese Statutes and Regulations ¦ Special
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