(Adopted at the 24th Meeting of the Standing Committee
of the Seventh National People's Congress on February 25, 1992, promulgated by
Order No. 55 of the President of the People's Republic of China on February 25,
1992, and effective as of the date of promulgation)
Article 1 This Law is enacted for the
People's Republic of China to exercise its sovereignty over its territorial sea
and the control over its contiguous zone, and to safeguard its national security
and its maritime rights and interests.
Article 2 The territorial sea of the People's Republic of
China is the sea belt adjacent to the land territory and the internal waters of
the People's Republic of China. The land territory of the People's Republic of
China includes the mainland of the People's Republic of China and its coastal
islands; Taiwan and all islands appertaining thereto including the Diaoyu
Islands; the Penghu Islands; the Dongsha Islands; the Xisha Islands; the
Zhongsha Islands and the Nansha Islands; as well as all the other islands
belonging to the People's Republic of China.
The waters on the landward side of the baselines of the territorial sea of
the People's Republic of China constitute the internal waters of the People's
Republic of China.
Article 3 The breadth of the territorial sea of the
People's Republic of China is twelve nautical miles, measured from the baselines
of the territorial sea.
The method of straight baselines composed of all the straight lines joining
the adjacent base points shall be employed in drawing the baselines of the
territorial sea of the People's Republic of China.
The outer limit of the territorial sea of the People's Republic of China is
the line every point of which is at a distance equal to twelve nautical miles
from the nearest point of the baseline of the territorial sea.
Article 4 The contiguous zone of the People's Republic of
China is the sea belt adjacent to and beyond the territorial sea. The breadth of
the contiguous zone is twelve nautical miles.
The outer limit of the contiguous zone of the People's Republic of China is
the line every point of which is at a distance equal to twenty-four nautical
miles from the nearest point of the baseline of the territorial sea.
Article 5 The sovereignty of the People's Republic of
China over its territorial sea extends to the air space over the territorial sea
as well as to the bed and subsoil of the territorial sea.
Article 6 Foreign ships for non-military purposes shall
enjoy the right of innocent passage through the territorial sea of the People's
Republic of China in accordance with the law.
Foreign ships for military purposes shall be subject to approval by the
Government of the People's Republic of China for entering the territorial sea of
the People's Republic of China.
Article 7 Foreign submarines and other underwater
vehicles, when passing through the territorial sea of the People's Republic of
China, shall navigate on the surface and show their flag.
Article 8 Foreign ships passing through the territorial
sea of the People's Republic of China must comply with the laws and regulations
of the People's Republic of China and shall not be prejudicial to the peace,
security and good order of the People's Republic of China.
Foreign nuclear-powered ships and ships carrying nuclear, noxious or other
dangerous substances, when passing through the territorial sea of the People's
Republic of China, must carry relevant documents and take special precautionary
measures.
The Government of the People's Republic of China has the right to take all
necessary measures to prevent and stop non-innocent passage through its
territorial sea.
Cases of foreign ships violating the laws or regulations of the People's
Republic of China shall be handled by the relevant organs of the People's
Republic of China in accordance with the law.
Article 9 The Government of the People's Republic of China
may, for maintaining the safety of navigation or for other special needs,
request foreign ships passing through the territorial sea of the People's
Republic of China to use the designated sea lanes or to navigate according to
the prescribed traffic separation schemes. The specific regulations to this
effect shall be promulgated by the Government of the People's Republic of China
or its competent authorities concerned.
Article 10 In the case of violation of the laws or
regulations of the People's Republic of China by a foreign ship for military
purposes or a foreign government ship for non-commercial purposes when passing
through the territorial sea of the People's Republic of China, the competent
authorities of the People's Republic of China shall have the right to order it
to leave the territorial sea immediately and the flag State shall bear
international responsibility for any loss or damage thus caused.
Article 11 All international organizations, foreign
organizations or individuals shall obtain approval from the Government of the
People's Republic of China for carrying out scientific research, marine
operations or other activities in the territorial sea of the People's Republic
of China, and shall comply with the laws and regulations of the People's
Republic of China.
All illegal entries into the territorial sea of the People's Republic of
China for carrying out scientific research, marine operations or other
activities in contravention of the provisions of the preceding paragraph of this
Article, shall be dealt with by the relevant organs of the People's Republic of
China in accordance with the law.
Article 12 No aircraft of a foreign State may enter the
air space over the territorial sea of the People's Republic of China unless
there is a relevant protocol or agreement between the Government of that State
and the Government of the People's Republic of China, or approval or acceptance
by the Government of the People's Republic of China or the competent authorities
authorized by it.
Article 13 The People's Republic of China has the right to
exercise control in the contiguous zone to prevent and impose penalties for
activities infringing the laws or regulations concerning security, the customs,
finance, sanitation or entry and exit control within its land territory,
internal waters or territorial sea.
Article 14 The competent authorities concerned of the
People's Republic of China may, when they have good reasons to believe that a
foreign ship has violated the laws or regulations of the People's Republic of
China, exercise the right of hot pursuit against the foreign ship.
Such pursuit shall be commenced when the foreign ship or one of its boats
or other craft engaged in activities by using the ship pursued as a mother ship
is within the internal waters, the territorial sea or the contiguous zone of the
People's Republic of China.
If the foreign ship is within the contiguous zone of the People's Republic
of China, the pursuit may be undertaken only when there has been a violation of
the rights as provided for in the relevant laws or regulations listed in Article
13 of this Law.
The pursuit, if not interrupted, may be continued outside the territorial
sea or the contiguous zone until the ship pursued enters the territorial sea of
its own country or of a third State.
The right of hot pursuit provided for in this Article shall be exercised by
ships or aircraft of the People's Republic of China for military purposes, or by
ships or aircraft on government service authorized by the Government of the
People's Republic of China.
Article 15 The baselines of the territorial sea of the
People's Republic of China shall be promulgated by the Government of the
People's Republic of China.
Article 16 The Government of the People's Republic of
China formulates the relevant regulations in accordance with this Law.
Article 17 This Law shall come into force on the date for
promulgation.