Article 14

The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well as maritime arbitration committees and other organs and personnel designated under the law may consult, make extracts of or duplicate the findings concerning maritime traffic accidents prepared by the harbour superintendency administration for the purpose of handling cases. Judicial organs may borrow these findings if they are really needed in the trials.

Chapter IV Handling of Accidents

Article 15

The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report on Findings Concerning Maritime Traffic Accidents, in which causes of the accidents shall be ascertained and the responsibility of the persons concerned be determined. A serious accident shall be reported to the local procuratorial organ.

Article 16

The Report on Findings Concerning the Maritime Traffic Accident shall include the following items:

(1) basic conditions of the vessels or installations and the main data;

(2) names and addresses of the owners or managers of the vessels or installations;

(3) when and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage;

(4) causes of the accident and evidence thereof;

(5) liabilities of the parties involved and evidence thereof;

(6) other relevant information.

Article 17

The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following penalties according to law to the persons who are held responsible for the maritime traffic accidents:

(1) warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working on the installations are of Chinese nationality;

(2) warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or their faults may be reported to the competent organs of their respective countries.

Article 18

If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations who are held responsible for the maritime traffic accidents, the harbour superintendency administrations shall submit the cases to their competent organs or the organs in charge of administrative supervision. With respect to persons whose action constitutes a crime, the judicial authorities shall, in accordance with the law, investigate their criminal
responsibility.

Article 19

The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and managers of the vessels involved or installations involved to strengthen safety control over their vessels or installations within a time limit. In case of refusal to strengthen safety administration or failure to meet the safety requirements within the said time limit, the harbour superintendency has the right to order the vessels or installations to suspend navigation, change courses or suspend operation and may adopt other necessary compulsory measures. Chapter V Mediation

Article 20

If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties may apply to the harbour superintendency administration for mediation. Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed.

Article 21

If a suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil disputes mentioned in the preceding article shall not apply to the harbour superintendency administration for mediation.

Article 22

Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour superintendency administration responsible for the investigation of the accident. If guarantees are demanded by the harbour superintendency administration the parties shall provide papers of economic compensation guarantee.

Article 23

If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation document shall include the following items: names and addresses of the parties, names and positions of the legal representatives, main points of the disputes, liabilities of the parties, content of the agreement, payment of the mediation fees and the time limit for the execution of the mediation agreement. The parties concerned shall jointly sign the mediation document and the superintendency administration shall confirm it by affixing its seal thereon. One copy of the mediation document shall be held by each party concerned and one copy kept by the harbour superintendency administration.

Article 24

All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renege or fail to execute the agreements within the time limit after the agreement is reached, the mediation shall be regarded as failing.