which are involvedin maritime traffic accidents must, in addition to making brief reportsimmediately in accordance with the provisions in Article 5, submit theReport Concerning Maritime Traffic Accidents and other necessary documentsand materials according to the following stipulations to the harboursuperintendency administration:(1) If maritime traffic accidents happen to vessels or installationswithin the waters of the harbour areas, it is necessary to submit a reportand other materials to the local harbour superintendency administrationwithin 24 hours after the accidents.(2) If maritime traffic accidents happen to vessels or installations inthe coastal waters beyond the waters of harbour areas, it is necessary tosubmit a report and other materials within 48 hours after the vesselsarrive at the first harbour in the People's Republic of China to theharbour superintendency administration;in the case of installations, it is necessary to report by telegram, thecontent of which shall cover all the items required in the ReportConcerning Maritime Traffic Accidents to the harbour superintendent at thenearest harbour within 48 hours after the accidents.(3) If a maritime traffic accident happens in the course of pilotage, thepilot shall submit the Report Concerning Maritime Traffic Accidents to thelocal harbour superintendency administration within 24 hours after hisreturn to the harbour. If, because of special circumstances, the ReportConcerning Maritime Traffic Accidents cannot be submitted within the timelimit set in paragraphs (1) and (2) of this Article, the time limit may beappropriately extended after permission is obtained from the harboursuperintendency administration.
Article 7The following information shall be truthfully provided in the ReportConcerning Maritime Traffic Accidents:(1) basic conditions of the vessel or installation and the data concerningits main functions;(2) name and address of the owner or manager of the vessel orinstallation;(3) when and where the accident happened;(4) the climatic conditions and the conditions on the sea when theaccident happened;(5) a detailed description of the course of the accident (for a collision,a sketch map illustrating the face-to-face movements shall be attached);(6) degree of the damage (A sketch showing the damaged parts of the vesselor installation shall be attached. If it is difficult to make a thoroughinvestigation within the set time limit, a report shall be submitted at alater date after the examination.)(7) estimated location of sinking in case where the vessel or installationsank;(8) other information related to the accident.Article 8A report concerning maritime traffic accidents must be truthful and theremust not be any concealment or falsification.Article 9If a vessel or an installation is damaged due to a maritime trafficaccident, the captain of the vessel or the person in charge of theinstallation shall apply to China's local inspection department or theinspection department at the vessel's first port of arrival in China forinspection or appraisement and send a copy of the inspection report to theharbour superintendency administration for the record.The harbour superintendency administration may entrust the inspection andappraisement mentioned in the preceding paragraph to relevant units ordepartments and the expenses shall be borne by the owner or manager of thevessel or installation. If the accident happening to a vessel orinstallation involved fire or explosion, the captain or the person incharge of the installation must apply to a fire fighting brigade in thepublic security organ for an appraisement and send a copy of theappraisement report to the harbour superintendency administration for therecord.
【章名】Chapter III Investigation
Article 10Harbour superintendency administration shall be responsible for theinvestigation of the maritime traffic accidents which happen in the watersof their respective harbour areas. The maritime traffic accidents whichhappen outside the waters of harbour areas shall be investigated by theharbour superintendency administration of the nearest harbour or that ofthe vessel's first port of arrival in the People's Republic of China. TheHarbour Superintendency Administration Bureau of the People's Republic ofChina may designate a harbour superintendency administration to carry outthe investigation, if the Bureau deems it necessary.When the harbour superintendency administration concerned deems itnecessary, he may request relevant departments and social organizations totake part in the investigation of the accidents.Article 11Upon receiving accident reports, the harbour superintendencyadministration shall promptly carry out investigation. Investigation shallbe carried out in an objective and all-round manner and must not berestricted by the information provided by the parties involved in theaccidents. If the investigation warrants it, the harbour superintendencyadministration has the right to:(1) question the persons concerned;(2) demand written material and testimonial form the persons underinvestigation;(3) demand the parties involved to provide logbooks, engine room logs,wheel-bell records, radio operation logs, course records, charts, data ofthe vessel, functions of the navigation equipment and instruments andother necessary original papers and materials;(4) examine certificates of the vessels, installations and the relevantequipment and certificates of the personnel and verify seaworthiness ofthe vessels and technical conditions of the installations before theaccident;(5) examine the damage to the vessels, installations and goods andascertain casualties of personnel;(6) survey the scene of the accident and collect relevant materialevidence. During the investigation, the harbour superintendencyadministration may use recording, photographing and video equipment andmay resort to other means of investigation permitted by law.Article 12The persons being investigated must subject themselves to theinvestigation, honestly state the relevant circumstances of the accidentand provide authentic papers and materials.In conducting investigations, the personnel of harbour superintendencyadministration shall produce their certificates to the persons beinginvestigated.
Article 13If the investigation of a maritime traffic accident so requires, theharbour superintendency administration may order the vessel(s) involved tosail to the spot for investigation. Except when its (their) own safety isin danger, the vessel(s) involved must not leave the said spot without thepermission of the harbour superintendency administration.Article 14The organs respectively in charge of public security, state security,supervision, procuratorial work, and judicial work, as well as maritimearbitration committees and other organs and personnel designated under thelaw may consult, make extracts of or duplicate the findings concerningmaritime traffic accidents prepared by the harbour superintendencyadministration for the purpose of handling cases. Judicial organs mayborrow these findings if they are really needed in the trials.
【章名】Chapter IV Handling of Accidents
Article 15The harbour superintendency administrations shall, according to theinvestigations of maritime traffic accidents, work out the Report onFindings Concerning Maritime Traffic Accidents, in which causes of theaccidents shall be ascertained and the responsibility of the personsconcerned be determined. A serious accident shall be reported to the localprocuratorial organ.Article 16The Report on Findings Concerning the Maritime Traffic Accident shallinclude the following items:(1) basic conditions of the vessels or installations and the main data;(2) names and addresses of the owners or managers of the vessels orinstallations;(3) when and where the accident happened, the course of the accident,weather and sea conditions at the time, seriousness of the damage;(4) causes of