the accident and evidence thereof;(5) liabilities of the parties involved and evidence thereof;(6) other relevant information.Article 17The harbour superintendency administrations may, according to the natureand seriousness of their liabilities, mete out the following penaltiesaccording to law to the persons who are held responsible for the maritimetraffic accidents:(1) warnings, fines, suspension or revocation of their job certificatesmay be resorted to when the crew, pilots or personnel working on theinstallations are of Chinese nationality;(2) warnings and fines may be imposed on the crew or the personnel workingon the installations who are of foreign nationalities or their faults maybe reported to the competent organs of their respective countries.Article 18If it is necessary to pursue the administrative responsibility of thepersons involved, owners or managers of the vessels or installations whoare held responsible for the maritime traffic accidents, the harboursuperintendency administrations shall submit the cases to their competentorgans or the organs in charge of administrative supervision. Withrespect to persons whose action constitutes a crime, the judicialauthorities shall, in accordance with the law, investigate their criminalresponsibility.Article 19The harbour superintendency administration may, in the light of the causesof the maritime traffic accidents, order the owners and managers of thevessels involved or installations involved to strengthen safety controlover their vessels or installations within a time limit. In case ofrefusal to strengthen safety administration or failure to meet the safetyrequirements within the said time limit, the harbour superintendency hasthe right to order the vessels or installations to suspend navigation,change courses or suspend operation and may adopt other necessarycompulsory measures.
【章名】Chapter V Mediation
Article 20If a maritime traffic accident happening to vessels or installations givesrise to a civil dispute over tort liability, the parties may apply to theharbour superintendency administration for mediation.Mediations must be carried out on the principles of voluntariness andimpartiality and no coercion shall be allowed.Article 21If a suit has been brought before a maritime court or an application sentto a maritime arbitration organ, the parties to the civil disputesmentioned in the preceding article shall not apply to the harboursuperintendency administration for mediation.Article 22Written applications for mediations shall be submitted, by the partieswithin 30 days after the accident happened, to the harbour superintendencyadministration responsible for the investigation of the accident. Ifguarantees are demanded by the harbour superintendency administration theparties shall provide papers of economic compensation guarantee.Article 23If an agreement is reached after mediation, the harbour superintendencyadministration shall prepare a mediation document. The mediation documentshall include the following items: names and addresses of the parties,names and positions of the legal representatives, main points of thedisputes, liabilities of the parties, content of the agreement, payment ofthe mediation fees and the time limit for the execution of the mediationagreement. The parties concerned shall jointly sign the mediation documentand the superintendency administration shall confirm it by affixing itsseal thereon. One copy of the mediation document shall be held by eachparty concerned and one copy kept by the harbour superintendencyadministration.Article 24All the parties concerned shall execute the agreement of mediation oftheir own accord. If the parties renege or fail to execute the agreementswithin the time limit after the agreement is reached, the mediation shallbe regarded as failing.Article 25If a party to a civil dispute who has applied to the harboursuperintendency administration for mediation wants to withdraw from it,the party shall send a written application to the harbour superintendencyadministration for mediation cancellation and notify the other party tothe dispute at the same time.
Article 26If the harbour superintendency administration fails to make the partiesreach an agreement of mediation within 3 months as of the date of receiptof the application for mediation, the mediation may be announced asfailing.Article 27If the parties do not want mediation or the mediation has failed, they maybring a suit in a maritime court or apply to a maritime arbitration organfor arbitration.Article 28Anyone who has applied to the harbour superintendency administration formediation shall pay mediation fees. Standards for mediation charges shallbe worked out by the Ministry of Communications in conjunction with theState Administration for Commodity Prices and the Ministry of Finance.If an agreement is reached through mediation, the mediation charge shallbe shared according to the seriousness of the parties' faults or theagreed proportions. If mediation has failed, the expenses shall be sharedout equally among the parties.
【章名】Chapter VI Penalties
Article 29The harbour superintendency administration may, depending on thecircumstances, warn or impose a fine of not more than 200 yuan on thepersons concerned (natural person), or impose a warning or a fine of notmore than 5,000 yuan on the owners or managers of the vessels, if theyviolate these Regulations in one of the following manners:(1) failing to report the accident to the harbour superintendencyadministration or submit the Report Concerning Maritime Traffic Accidentor duplicate copies of the documents of court verdict, arbitration awardor mediation document as stipulated in Article 32 of these Regulationswithin the time limit;(2) failing to sail to the spot designated by the harbour superintendencyadministration or leaving the designated spot without the permission ofthe harbour superintendency administration when nothing is endangering thevessel(s);(3) affecting the progress of the investigations or causing losses to thedepartments concerned because the content of the accident report or theReport Concerning Maritime Traffic Accident does not meet the stipulatedrequirements or it is not truthful;(4) affecting the investigation of the accident by violating theprovisions of Article 9;(5) refusing to be investigated or unjustifiably obstructing andinterfering with the investigation by the harbour superintendencyadministration;(6) intentionally concealing facts or providing false testimonial duringinvestigation. With respect to persons whose acts have constituted acrime as specified in paragraphs (5) and (6) of this Article, the judicialorgans shall investigate their criminal responsibility according to law.Article 30Administrative sanctions shall be given by administrative supervisionorgans or relevant units to those persons working in harboursuperintendency administrations who violate the provisions of theseRegulation, neglect their duties, abuse their powers, engage inmalpractices for selfish ends and ask for and accept bribes. If their actsconstitute crimes, their criminal responsibilities shall be investigatedby judicial organs according to law.Article 31If the parties concerned do not agree with the penalties imposed on themby the harbour superintendency administration according to the provisionsof these Regulations, they may bring a suit in a people's court accordingto law.
【章名】Chapter VII Special Provisions
Article 32If maritime traffic accidents happen to vessels of Chinese nationalityoutside the coastal waters of the People's Republic of China, their ownersor managers shall report to the harbour superintendency administrationwhere the vessels have registered and shall submit the Report ConcerningMaritime Traffic Accident within 60 days after the accidents happened. Iflawsuits, arbitrations or mediations concerning the accidents take placeabroad, the owners or managers shall su