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Interim Provisions of the Ministry of Communicatio
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1986.01.11
MINISTRY OF COMMUNICATION
 INTERIM  PROVISIONS  OF  THE  MINISTRY  OF  COMMUNICATIONS FOR
LIGHTERAGE OPERATIONS ON WATER IN PORTS
(Approved by the State Council on January 11, 1986)
  @@  Article  1.  The  Interim  Provisions  are  specifically
formulated  to promote  lighterage  operations  on  water in the
ports and to expand the freight volume of the ports, so as to
meet  the  requirements of the development of the national economic
construction.
 @@  Article  2.  Lighterage  operations on water mentioned in the
Provisions (hereinafter referred to as "lighterage operations") means
the loading and discharging  of cargo to and from barges or small
ships onto and from the large  ships  either berthed at docks,
buoys and loading and discharging platforms or at anchorages.
 The  Provisions  apply to all the ports within the territory of the
People's Republic of China.
 @@ Article 3. Where ships are waiting for their turns to berth
after  arrival  at  a  port,  the  port  shall make reasonable
arrangements  for  the  lighterage  operations  under its unified
directorship and management on the principle of "three priorities",
whereby  priorities  are given to those within the plan over those
outside  the  plan  and  to  those  of major importance over the
ordinary ones and, under the same conditions, priority is given in the
sequence of the ships' arrivals.
 The ship-owners (or their agents) and the shippers (or their agents)
shall observe the arrangements made by the port.
@@ Article 4. The port shall, in arranging the lighterage operations,
make use of the docks on shallow waters and other facilities, and, in
addition, the docks of the cargo owners and the ports nearby.
 @@  Article  5.  The  loading  and unloading charge rates for
lighterage operations  shall  be subject to the regulations governing
the  collection  of port  charges  issued  by  the  Ministry of
Communications  or  the  provincial  departments  (bureaux)  of
communications,  in accordance with the powers respecting the control
of prices as specified by the State.
 Draft  proposals for the charge rates for the lighterage operations
shall be made by ports in light of the actual conditions and shall, on
the principle of administration at different levels, be submitted
to the Ministry of Communications  or the provincial departments
(bureaux) of communications for promulgation and implementation after
approval.
 @@  Article  6. The expenses incurred for the lighterage operations
shall be borne by the shippers. Where, however, large ships, being
limited by the draught set by the port, take in additional load or
lighten their load at anchorages or outside the port, the related
expenses  for  the  lighterage operations shall be borne by the
ship-owners.
 @@  Article  7.  The port may in accordance with actual conditions
determine the  port's  planned  annual lighterage volume of the same
kind of cargo "to be  carried  from barges to land." The charges
collected  by the port for the year  according  to  the annual
lighterage volume shall be apportioned among this kind of cargo,
whether lightered or not.
 The  lighterage  changes  collected, by the port for such overside
cargo for the  year shall be kept as a special item and shall not be
diverted to any, other purpose. The balance for the year, if any
may be used to pay, the expenses for the portion of lighterage in
excess of the following year plan.
 The port may, in accordance with Article 5 hereof, contract with the
cargo owners  for  all  the lighterage charges where such operations
involve fixed types of cargo, working process and movements. Such
contracts shall be filed  with  the  Ministry of Communications
or  with  the  provincial departments (bureaux) of communications for
the record.
 @@  Article  8.  Where  a  barge goes to a dock for loading and
unloading, which  is not under the management of the port, the unit
operating the barge shall sign a contract with the unit managing
the dock, and in case of non-performance of the contract in due
time, the unit managing the dock shall pay demurrage to the barge.
 @@  Article  9.  The  Ministry of Communications, the provincial
departments (bureaux)  of  communications  and  the  ports  shall
strengthen  the  work  to check  and  supervise  the  lighterage
operations,  work out the annual and monthly planned targets of the
ports  for the lighterage operations and perfect the statistical
reporting system.
 @@  Article  10. The Ministry of Communications is responsible
for the interpretation of the Provisions.
 @@  Article  11. The Provisions shall be implemented from the
date of promulgation.




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