Coast Guard Law of the People's Republic of China was adopted on 22 Jan. 2021, and entered into force on 1 Feb. 2021.
There are 84 articles in total. The Law aims to regulate and guarantee the performance of duties of the coast guard authorities and safeguard the sovereignty, security, and maritime rights and interests of the State.
Key points of the Law are as follows:
- Where a coast guard authority conducts the activities of maritime rights protection and law enforcement on and over the waters under the jurisdiction of the People's Republic of China, this Law shall apply.
- Coast guard authorities shall include the China Coast Guard, the sea area bureaus of and bureaus directly under the China Coast Guard, provincial coast guard bureaus, municipal coast guard bureaus, and coast guard workstations.
- A coast guard authority shall have the power to identify and verify any foreign vessel in the waters under the jurisdiction of China. Where a foreign vessel is suspected of violating the law, a coast guard authority shall have the power to take measures such as tracking and surveillance. Where a foreign military vessel or foreign government vessel used for a non-commercial purpose violates any law or regulation of China in the waters under the jurisdiction of China, a coast guard authority shall have the power to take necessary precautionary and control measures to order it to immediately leave the relevant waters.
- A coast guard authority may carry out international cooperation activities on maritime law enforcement with foreign maritime law enforcement agencies and relevant international organizations, including establishing maritime law enforcement cooperation mechanisms, exchanging and sharing information on maritime law enforcement, and conducting joint patrols and drills on the sea.
- When the sovereignty, sovereign rights, or jurisdiction of the State is being encroached upon at sea by foreign organizations or individuals or is in imminent danger of encroachment, a coast guard authority shall have the power to take all necessary measures including the use of weapons to stop the encroachment and eliminate the danger in accordance with law.
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Contributors: CJO Staff Contributors Team