Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Relevant Cases Occurring in Sea Waters under the Jurisdiction of China (I)

Updated : 2016-10-26

(Adopted in the 1674th meeting of the Judicial Committee of the Supreme People’s Court on 28 December 2015, and shall be effective as of 2 August 2016)

Fa Shi [2016] No.16

Announcement of the Supreme People’s Court of China

Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Relevant Cases Occurring in Sea Waters under the Jurisdiction of China (I) has been adopted in the 1674th meeting of the Judicial Committee of the Supreme People’s Court on 28 December 2015. It is hereby announced and it shall take effect as of 2 August 2016.

The Supreme People’s Court

 1 August 2016

 

In order to safeguard the territorial sovereignty of China and China's oceanic rights and interests, to protect the legitimate rights of Chinese and foreign parties concerned in an equal manner, and to specify the judicial jurisdiction and the application of law in the sea waters under the jurisdiction of China, this Provisions is enacted pursuant to Law of PRC on Territorial Seas and Contiguous Zones, Law of PRC on Exclusive Economic Zones and Continental Shelves, Criminal Law of PRC, Law of PRC on Entry-Exit Administration, Law of PRC on Public Security Administration Punishments, Criminal Procedure Law of PRC, Civil Procedure Law of PRC, Special Maritime Procedure Law of PRC, Administrative Procedure Law of PRC and relevant international treaties concluded or acceded to by China, as well as in combination with judicial practices.

Article 1 For the purpose of this Provisions, sea waters under the jurisdiction of China shall refer to the inland waters, territorial seas, contiguous zones, exclusive economic zones and continental shelves of China, as well as other sea waters under the jurisdiction of China.

Article 2 This Provisions shall apply to Chinese citizens or organizations that engage in fishing and other operations in the co-managed fishing areas determined in the treaties concluded by and between China and relevant countries, and high seas.

Article 3 Chinese citizens or foreigners who illegally hunt or kill precious and endangered wild animals, or illegally fish aquatic products or commit other crimes in the sea waters under the jurisdiction of China shall be investigated for criminal liabilities in accordance with Chinese criminal law.

Article 4 Where relevant departments, in accordance with Law on Entry-Exit Administration or Law on Public Security Administration Punishments, take compulsory administrative measures or make decisions on administrative punishments against foreigners who illegally enter China's inland waters to engage in fishery production or fishery resources investigation, and if the administrative counterparties have objections to the above measures or decisions, the administrative counterparties may apply for reconsideration with relevant administrative organs or file administrative lawsuits before competent people's courts respectively in accordance with Article 64 of Law on Entry-Exit Administration and Article 102 of Law on Public Security Administration Punishments.

Article 5 A lawsuit filed for claiming damages due to a maritime accident that has occurred within the sea waters under the jurisdiction of China shall be governed by the maritime court that has jurisdiction over the said sea waters, the maritime court located in the place where the vessel involved in the accident first arrives, the maritime court located in the place where the vessel in question is arrested or the maritime court at the place where the defendant has its domicile.

A lawsuit filed in a Chinese court for claiming damages due to a maritime accident that occurred on high seas and other sea waters beyond the jurisdiction of China, shall be governed by the maritime court located in the place where the vessel involved in the accident first arrives, the maritime court located in the place where the vessel in question is arrested or the maritime court at the place where the defendant has its domicile.

Where the vessel involved in the accident is a vessel of the Chinese nationality, the said lawsuit may also be governed by the maritime court in the port of registry of the vessel.

Article 6 A lawsuit filed for claiming maritime ecological environment damages caused by pollution from shipping, fishery production or other offshore operations within the sea waters under the jurisdiction of China shall be governed by the maritime court that has jurisdiction over the said sea waters.

Where a polluting accident occurs in the sea waters beyond the jurisdiction of China, but causes or threatens to cause pollution to the sea waters under the jurisdiction of China, a lawsuit filed for claiming damages or the expenses for taking preventative measures shall be governed by the maritime court that has jurisdiction over the said sea waters or that is located in the place where the preventative measures are to be taken.

Article 7 This Provisions shall apply to cases that are not yet closed after the implementation hereof. Before implementation of this Provisions, regarding cases that have already been closed in final instance trial, where the parties apply for retrial or it is decided to initiate the trial supervision proceedings, this Provisions shall not apply thereto.

Article 8 This Provisions shall take effect as of 2 August 2016.