UK P&I Club correspondents Huatai has provided the following update after dealing with a number of ships which were punished by the Maritime Safety Administration (MSA) for failing to fly, improperly flying, or flying a damaged or defiled National Flag of the People’s Republic of China.
Laws and Regulations Relating to Ships Flying Chinese National Flag
Laws and regulations relating to flying of the Chinese National Flag by ships include the “Maritime Traffic Safety Law of the People’s Republic of China”, the “Measures for the “Maritime Traffic Safety Law of the People’s Republic of China”, the “Measures for Republic of China on the National Flag”. The relevant provisions of the laws and regulations are quoted below:
- The “Maritime Traffic Safety Law of the People’s Republic of China”, Article 10, Paragraph 1
A ship may not navigate, berth, and carry out operations under the flag of China until it has applied to the maritime safety administration for ship nationality registration and obtained a nationality certificate in accordance with the applicable laws and administrative regulations on ship registration.
- The “Maritime Traffic Safety Law of the People’s Republic of China”, Article 33, Paragraph 1
To navigate, berth, and carry out operations, a ship shall hold a valid nationality certificate and other statutory certificates and documents, be equipped with
navigational books and materials published in accordance with relevant provisions, fly the flag of the relevant country, region or organization, and indicate its name, identification number, port of registry, and load line mark.
- The “Measures for the Administration of Flying the National Flag on Ships”, Article 6
Foreign ships entering the inland waters, ports and anchorages of the People’s Republic of China shall fly the Chinese National Flag daily.
- The “Measures for the Administration of Flying the National Flag on Ships”, Article 9
The Chinese National Flag flown by ships shall be clean and tidy, and shall not be damaged, defiled, faded or substandard, nor shall it be displayed upside down.
- The “Law of the People’s Republic of China on the National Flag”, Article 19
No damaged, defiled, faded or substandard national flag shall be raised or used, and the national flag shall not be displayed upside down, inserted upside down, or displayed or used in any other manner that undermines the dignity of the national flag.
Loss prevention
According to relevant laws and regulations, the MSA shall order ships and crew members who violate the “Law of the People’s Republic of China on the National Flag” and the “Measures for the Administration of flying the National Flag on Ships to rectify the violation immediately, and may impose penalties in accordance with the Law of the People’s Republic of China on the National Flag” and other relevant provisions of China according to the circumstances. If a foreign ship refuses to make corrections according to the requirements of the MSA, the MSA may order it to depart from the inland waters, ports, or anchorage of the People’s Republic of China.
Therefore, UK Club, suggests the responsible crew members on board to carry out necessary training to familiarize them with the requirements of flying the Chinese National Flag. In addition, it is recommended that ships promptly check whether they are equipped with a sufficient number of standard Chinese National Flag prior to entering Chinese waters. After entering Chinese waters, ships shall properly fly the Chinese National Flag to avoid administrative penalties for violation of relevant laws and regulations.
