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中华人民共和国民用航空安全保卫条例 REGULATIONS ON CIVIL AVIATION SECURITY OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-15 22:59   我要纠错 | 打印 | 收藏 | | |

国务院令第201号
颁布日期:19960706  实施日期:19960706  颁布单位:国务院

  Contents

  Chapter I General Provisions

  Chapter II Security Control in Civil Airport

  Chapter III Security of Civil Aviation Operation

  Chapter IV Security Inspection

  Chapter V Penalty Provisions

  Chapter VI Appendix

  Chapter I General Provisions

  Article 1 These Regulations are formulated for the purpose of safeguarding civil aviation activities against acts of unlawful interference, maintaining the order of civil aviation and ensuring the safety of civil aviation.

  Article 2 These Regulations are applicable to all civil aviation activities and to the units and individuals related to civil aviation activities in the territory of the People's Republic of China.

  These Regulations are applicable 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; unless it is otherwise provided in international treaties concluded or participated in by the People's Republic of China.

  Article 3 Centralized management and division of responsibility shall be exercised in the work of civil aviation security.

  The civil aviation public security department shall be responsible for the centralized management, inspection and supervision of the work of civil aviation security.

  Article 4 The local governments and civil aviation units concerned shall co-operate closely and safeguard civil aviation safety commonly.

  Article 5 Passengers, consignors, consignees and other persons entering an airport shall comply with the laws and regulations stipulated for civil aviation safety control.

  Article 6 A civil airport operator and a civil aircraft operator shall fulfill the following duties:

  (1) Establish a civil aviation security programme of his own unit and report to the competent civil aviation authorities under the State Council for the record;

  (2) Implement strictly the civil aviation security measures concerned;

  (3) Carry out periodically civil aviation security training, and remove in time hidden dangers to the safety of civil aviation.

  A foreign civil aviation enterprise operating air services to the People's Republic of China shall submit its civil aviation security programme to the competent civil aviation authorities under the State Council.

  Article 7 A citizen has the right to report to the civil aviation public security institute any premeditated seizure or destruction of civil aviation aircraft or any other acts that endanger civil aviation safety.

  Article 8 Reward shall be given by the people's government concerned or by the competent civil aviation authorities under the State Council to a unit or an individual making outstanding contributions to safeguarding civil aviation safety.

  Chapter II Security Control in Civil Airport

  Article 9 The construction, modification or extension of civil airport (including the civil part in those airports joint-used by military and civil units) shall conform to the stipulations governing the construction of civil airport security facilities of the competent civil aviation authorities under the State Council.

  Article 10 A civil airport shall be opened for use if it satisfies the security conditions listed below:

  (1) It has established an airport controlled area and is provided with full-time security personnel;

  (2) It has established protective fence and patrol passages up to standard;

  (3) It has established a security unit and is provided with corresponding personnel and equipment;

  (4) It has established a security facilities and is provided with the personnel and check-up equipments corresponding to the traffic volume of the airport;

  (5) It has established a full-time fire-fighting organization and is provided with personnel and equipment in accordance with the fire-fighting grade of the airport;

  (6) It has established a contingency plan and is provided with necessary contingency rescue equipment.

  Article 11 The airport controlled zone shall be divided, in accordance with security requirements, into departure sterile area, baggage sorting loading and unloading area, aircraft movement area, maintenance area and cargo storage area, etc. Security protection facilities and distinct signs shall be set up respectively.

  Article 12 Strict security measures shall be established for the airport controlled area, and the area shall be of a closed type and controlled separately. The specific method of control shall be formulated by the competent civil aviation authorities under the State Council.

  Article 13 All personnel and vehicles, while entering the airport controlled area, must bear the airport controlled area pass and be subject to the inspection of security personnel.

  Airport controlled area pass shall be made, issued and controlled by the civil aviation public security unit in accordance with the regulations concerned of the competent civil aviation authorities under the State Council.

  Article 14 In the aircraft movement area and the maintenance area, personnel and vehicles must follow the stipulated way. Vehicles and equipments must be parked in designated positions. All personnel and vehicles must make way for aircraft.

  Article 15 The civil aircraft parked in an airport must be guarded by specially assigned persons; the departments concerned and their working personnel must strictly implement aircraft handing over and taking over procedure.

  Article 16 The following acts are prohibited in an airport:

  (1) Climbing up and over (penetrate) or damage airport protective fence and other security protection facilities;

  (2) Hunting, herding, sunning grain or train vehicle driver in airport controlled zone;

  (3) Entering airport controlled area without airport pass;

  (4) Crossing aircraft runway or taxiway at will;

  (5) Forcibly boarding or occupying an aircraft;

  (6) Making a false report on dangerous situation and creating confusion;

  (7) Any other acts disturbing the order in airport.

  Chapter III Security of Civil Aviation Operation

  Article 17 The carrier and its agent, in selling passenger ticket, must comply with the regulations concerned of the competent civil aviation authorities under the State Council; no passenger ticket shall be sold if not conforming to regulations.

  Article 18 The carrier, in performing the formalities for transportation, must check up passengers and baggage in the aircraft.

  Article 19 The carrier must check the number of passengers when they board the aircraft.

  The baggage of the passengers already checked in but failed to board the aircraft shall not be loaded or retained in the aircraft.

  If a passenger gets off the aircraft midway, his baggage must be unloaded.

  Article 20 The carrier must assign special persons to supervise the baggage and cargo during the storage period on ground and transportation period.

  Article 21 The unit which prepares the supplies and loads them must ensure the safety of such supplies loaded into the aircraft.

  Article 22 The work of security of an aircraft in flight shall be the unified responsibility of the pilot-in-command.

  The aviation security officer shall undertake the concrete work of security under the leadership of the pilot-in-command.

  The pilot-in-command, aviation security officer and other crew members shall strictly fulfill their duties and protect the safety of the civil aircraft and of the persons and property carried therein.

  Article 23 The pilot-in-command, in performing his duties, may exercise the following powers:

  (1) Before the aircraft takes off he may refuse to take off if he discovers that the party concerned failed to take the security measures prescribed in the Regulations for the aircraft;

  (2) During the flight he may take necessary measures of restraint against a person who disturbs the order in the aircraft, interferes with the normal work of crew members and disregards any warning;

  (3) During the flight he may take necessary measures against the seizure or destruction of the aircraft or any other acts harmful to aviation safety;

  (4) During the flight he can make the final decision regarding the disposal of the aircraft in case of extraordinary circumstances.

  Article 24 The following acts interfering with the order of civil aviation operation are prohibited:

  (1) Scalp the certificate for purchasing ticket, passenger ticket and the effective reservation certificate of air transport enterprise;

  (2) Purchase ticket and go aboard an aircraft by using the identity card of another person;

  (3) Taking advantage of the passenger ticket to check or bring along the baggage not belonging to the passenger himself.

  (4) Load into the aircraft articles which have not gone through security inspection or for which no other security measures have been taken.

  Article 25 The following acts are prohibited in an aircraft:

  (1) Smoke in no smoking area;

  (2) Race to occupy seat or baggage compartment (rack);

  (3) Fight, get drunk, or pick a quarrel and make trouble;

  (4) Steal, damage deliberately or move without authorization lifesaving articles or appliances;

  (5) Commit other acts endangering flight safety and disturbing the order in aircraft.

  Chapter IV Security Inspection

  Article 26 Passengers and other persons aboard the aircraft, together with the baggage they carry, must be subject to security inspection except those exempted from inspection as prescribed by the State Council.

  A person who refuses to go through security inspection shall be denied boarding and bear the losses himself.

  Article 27 The security inspection personnel shall examine the ticket, identity card and boarding pass of the passenger and carry out the security inspection of the passenger and his baggage with instrument or manually; the inspection may be stricter if necessary.

  The passengers already gone through security inspection shall wait in the departure sterile area for boarding the aircraft.

  Article 28 The working personnel (including crew members) and the articles brought along by them shall be subject to security inspection while entering the departure sterile area.

  The persons meeting or seeing off the passengers as well as other personnel must not enter the departure sterile area.

  Article 29 Diplomatic mail bags are exempted from security inspection. Diplomatic couriers and other articles brought along by them shall be subject to security inspection, except those otherwise provided in international treaties concluded or participated in by the People's Republic of China.

  Article 30 The cargo for air transportation must go through security inspection or other security measures.

  The cargo consignor must not consign an article with a false name or secretly include dangerous articles among the goods.

  Article 31 Air mail must go through security inspection. In case a suspicious mail is discovered, the security inspection department and the postal department shall jointly open it for examination and handling.

  Article 32 Unless otherwise provided by the State Council, the persons flying in a civil aircraft are prohibited from carrying with them or consign for transportation the following articles:

  (1) Firearms, ammunition, weapons, police arms;

  (2) Controlled knives;

  (3) Inflammables, explosives, poisonous, erosive and radioactive articles;

  (4) Other contraband stipulated by the State.

  Article 33 Other articles which could be used to jeopardize flight safety, though not included in Article 32, still must not be taken by the passenger himself. However they can be consigned as baggage or can be carried, in accordance with the regulations stipulated by the civil aviation authorities of the State Council, by crew members and be taken back at the destination.

  Articles for daily use containing inflammable substance may be carried in limited quantity. The articles to be carried in limited quantity and the quantity to be carried shall be specified by the competent civil aviation authorities of the State Council.

  Chapter V Penalty Provisions

  Article 34 Those who violates the provisions of Article 14 or commits an act listed in Article 16, item (1) and (2) of Article 24 or Article 25 of the Regulations shall be punished by the civil aviation public security institute in accordance with the relevant provisions of the “Regulations

  of the People's Republic of China on Administrative Penalties for Public Security.“

  Article 35 Those who violates the relevant provisions in the Regulations shall be punished by the civil aviation public security institute in accordance with the following provisions:

  (1) A person who commits an act listed in item 4 of Article 24 may be punished by warning or imposing a fine of less than 3,000 RMB;

  (2) A person who commits an act listed in item 3 of Article 24 may be punished by warning, confiscating his unlawful earnings or imposing a fine of less than 5,000 RMB;

  (3) A person who violates item 2 of Article 30 and Article 32 but not serious enough to constitute a crime, may be punished by imposing a fine of less than 5,000 RMB, and confiscating or withholding the articles unlawfully carried.

  Article 36 Where the provisions of these Regulations are violated in one of the following circumstances; the competent civil aviation authority may punish the unit concerned 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:

  (1) Cause an aircraft to be out of control in violation of the provisions of Article 15;

  (2) Sell passenger ticket in violation of the provisions of Article 17;

  (3) Fail to check the persons to fly in the aircraft and baggage by the carrier in performing the formalities for transportation in violation of the provisions of Article 18;

  (4) Violate the provisions of Article 19;

  (5) Fail to take security measures for the articles accepted for transportation and to be loaded into the aircraft in violation of the provisions of Article 20, Article 21, item 1 of Article 30 and Article 31.

  Article 37 Those who violates the relevant provisions of the Regulations and constitutes a crime shall be investigated for criminal responsibility.

  Article 38 Those who violates the provisions of the Regulations, in addition to the punishment prescribed in this Chapter, shall bear the liability to pay compensation according to law for any loss caused by him to a unit or an individual.

  Chapter VI Appendix

  Article 39 In the Regulations the meanings of the following expressions are:

  “Airport controlled area” refers to the area defined in an airport according to the requirement of safety, the entry into and exit from which are subject to restriction.

  “Departure sterile area” refers to the area defined in a terminal building (lounge) according to the requirement of safety, in which departing passengers who have gone through security inspection wait to board the aircraft, as well as boarding passage and ferry vehicle.

  “Aircraft movement area” refers to the area in an airport used for the takeoff and landing and other ground movements concerned of aircraft, including runway, taxiway, connecting taxiway and passenger apron.

  Article 40 The Regulations shall go into effect on the date of promulgation.

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