(Adopted
at the 18th Meeting of the Standing Committee of the Sixth
National People's Congress, promulgated by Order No.46
of the President of the People's Republic of China on
December 2, 1986, and effective as of May 1, 1987)
Chapter
I
General Provisions
Article
1 This Law is formulated in order to prevent infectious
diseases from spreading into or out of the country, to
carry out frontier health and quarantine inspection and
to protect human health.
Article
2 Frontier health and quarantine offices shall be set
up at international seaports, airports and ports of entry
at land frontiers and boundary rivers (hereinafter referred
to as "frontier ports") of the People's Republic
of China. These offices shall carry out the quarantining
and monitoring of infectious diseases, and health inspection
in accordance with the provisions of this Law. Health
administration departments under the State Council shall
be in charge of frontier health and quarantine work throughout
the country.
Article
3 Infectious diseases specified in this Law shall include
quarantinable infectious diseases and infectious diseases
to be monitored. Quarantinable infectious diseases shall
include plague, cholera, yellow fever and other infectious
diseases determined and announced by the State Council.
Infectious diseases to be monitored shall be determined
and announced by health administration departments under
the State Council.
Article
4 Persons, conveyances and transport equipment, as well
as articles such as baggage, goods and postal parcels
that may transmit quarantinable infectious diseases, shall
undergo quarantine inspection upon entering or exiting
the country. No entry or exit shall be allowed without
the permission of a frontier health and quarantine office.
Specific measures for implementation of this Law shall
be stipulated in detailed regulations.
Article
5 On discovering a quarantinable infectious disease or
a disease suspected to be quarantinable, a frontier health
and quarantine office shall, in addition to taking necessary
measures, immediately notify the local health administration
department; at the same time, it shall make a report to
the health administration department under the State Council
by the most expeditious means possible, within 24 hours
at the latest. Post and telecommunications departments
shall give priority to transmissions of reports of epidemic
diseases. Messages exchanged between the People's Republic
of China and foreign countries on the epidemic situation
of infectious diseases shall be handled by the health
administration department under the State Council in conjunction
with other departments concerned.
Article
6 When a quarantinable infectious disease is prevalent
abroad or within China, the State Council may order relevant
sections of the border to be blockaded or adopt other
emergency measures.
Chapter
II
Quarantine Inspection
Article
7 Persons and conveyances on entering the country shall
be subject to quarantine inspection at designated places
at the first frontier port of their arrival. Except for
harbour pilots, no person shall be allowed to embark on
or disembark from any means of transport and no articles
such as baggage, goods or postal parcels shall be loaded
or unloaded without the health and quarantine inspector's
permission. Specific measures for the implementation of
this Law shall be stipulated in detailed regulations.
Article
8 Persons and conveyances exiting the country shall be
subject to quarantine inspection at the last frontier
port of departure.
Article
9 When foreign ships or airborne vehicles anchor or land
at places other than frontier ports in China, the persons
in charge of the ships or airborne vehicles must report
immediately to the nearest frontier health and quarantine
office or to the local health administration department.
Except in cases of emergency, no person shall be allowed
to embark on or disembark from the ship or airborne vehicle,
and no articles such as baggage, goods and postal parcels
shall be loaded or unloaded without the permission of
a frontier health and quarantine office or the local health
administration department.
Article
10 When a quarantinable infectious disease, a disease
suspected to be quarantinable or a death due to an unidentified
cause other than accidental harm is discovered at a frontier
port, the relevant department at the frontier port and
the person in charge of the conveyance must report immediately
to the frontier health and quarantine office and apply
for provisional quarantine inspection.
Article
11 According to the results of an inspection made by quarantine
doctors, the frontier health and quarantine office shall
sign and issue a quarantine certificate for entry or exit
to a conveyance either uncontaminated by any quarantinable
infectious disease or already given decontamination treatment.
Article
12 A person having a quarantinable infectious disease
shall be placed in isolation by the frontier health and
quarantine office for a period determined by the results
of the medical examination, while a person suspected of
having a quarantinable infectious disease shall be kept
for inspection for a period determined by the incubation
period of such disease. The corpse of anyone who died
from a quarantinable infectious disease must be cremated
at a nearby place.
Article
13 Any conveyance subject to entry quarantine inspection
shall be disinfected, deratted, treated with insecticides
or given other sanitation measures when found to be in
any of the following conditions:
(1)
having come from an area where a quarantinable infectious
disease is epidemic;
(2)
being contaminated by a quarantinable infectious disease;
or
(3)
revealing the presence of rodents which affect human health
or insects which are carriers of disease.
Apart
from exceptional cases, when the person in charge of the
foreign conveyance refuses to allow sanitation measures
to be taken, the conveyance shall be allowed to leave
the frontier of the People's Republic of China without
delay under the supervision of the frontier health and
quarantine office.
Article
14 A frontier health and quarantine office shall conduct
sanitation inspections and disinfect, derate, treat with
insecticides or apply other sanitation measures to articles
such as baggage, goods and postal parcels that come from
an epidemic area and are contaminated by a quarantinable
infectious disease or may act as a vehicle of a quarantinable
infectious disease. A consignor or an agent for the transportation
of a corpse or human remains into or out of the country
must declare the matter to a frontier health and quarantine
office; transport thereof, in either direction across
the border, shall not be allowed until sanitary inspection
proves satisfactory and an entry or exit permit is given.
Chapter
III
Monitoring of Infectious Diseases
Article
15 Frontier health and quarantine offices shall monitor
persons on entry or exit for quarantinable infectious
diseases and shall take necessary preventive and control
measures.
Article
16 Frontier health and quarantine offices shall be authorized
to require persons on entry or exit to complete a health
declaration form and produce certificates of vaccination
against certain infectious diseases, a health certificate
or other relevant documents.
Article
17 For persons who suffer from infectious diseases to
be monitored, who come from areas in foreign countries
where infectious diseases to be monitored are epidemic
or who have close contact with patients suffering from
infectious diseases to be monitored, the frontier health
and quarantine offices shall, according to each case,
issue them medical convenience cards, keep them for inspection
or take other preventive or control measures, while promptly
notifying the local health administration department about
such cases. Medical services at all places shall give
priority in consultation and treatment to persons possessing
medical convenience cards.
Chapter
IV
Health Supervision
Article
18 Frontier health and quarantine offices shall, in accordance
with state health standards, exercise health supervision
over the sanitary conditions at frontier ports and the
sanitary conditions of conveyances on entry or exit at
frontier ports. They shall:
(1)
supervise and direct concerned personnel on the prevention
and elimination of rodents and insects that carry diseases;
(2)
inspect and test food and drinking water and facilities
for their storage, supply and delivery;
(3)
supervise the health of employees engaged in the supply
of food and drinking water and check their health certificates;
and
(4)
supervise and inspect the disposal of garbage, waste matter,
sewage, excrement and ballast water.
Article
19 Frontier health and quarantine offices shall have frontier
port health supervisors, who shall carry out the tasks
assigned by the frontier health and quarantine offices.
In performing their duties, frontier port health supervisors
shall be authorized to conduct health supervision and
give technical guidance regarding frontier ports and conveyances
on entry or exit; to give advice for improvement wherever
sanitary conditions are unsatisfactory and factors exist
that may spread infectious diseases; and to coordinate
departments concerned to take necessary measures and apply
sanitary treatment.
Chapter
V
Legal Liability
Article
20 A frontier health and quarantine office may warn or
fine, according to the
circumstances,
any unit or individual that has violated the provisions
of this Law by committing any of the following acts:
(1)
evading quarantine inspection or withholding the truth
in reports to the frontier health and quarantine office;
(2)
embarking on or disembarking from conveyances upon entry,
or loading or unloading articles such as baggage, goods
or postal parcels, without the permission of a frontier
health and quarantine office and refusing to listen to
the office's advice against such acts. All fines thus
collected shall be turned over to the state treasury.
Article
21 If a concerned party refuses to obey a decision on
a fine made by a frontier health and quarantine office,
he may, within 15 days after receiving notice of the fine,
file a lawsuit in a local people's court. The frontier
health and quarantine office may apply to the people's
court for mandatory enforcement of a decision if the concerned
party neither files a lawsuit nor obeys the decision within
the 15-day term.
Article
22 If a quarantinable infectious disease is caused to
spread or is in great danger of being spread as a result
of a violation of the provisions of this Law, criminal
responsibility shall be investigated in accordance with
Article 178 of the Criminal Law of the People's Republic
of China.
Article
23 The personnel of frontier health and quarantine offices
must enforce this Law impartially, perform duties faithfully
and promptly conduct quarantine inspection on conveyances
and persons upon entry or exit. Those who violate the
law or are derelict in their duties shall be given disciplinary
sanctions; where circumstances are serious enough to constitute
a crime criminal responsibility shall be investigated
in accordance with the law.
Chapter
VI
Supplementary Provisions
Article
24 Where the provisions of this Law differ from those
of international treaties on health and quarantine that
China has concluded or joined, the provisions of such
international treaties shall prevail, with the exception
of the treaty clauses on which the People's Republic of
China has declared reservations.
Article
25 In cases of temporary contact between frontier defence
units of the People's Republic of China and those of a
neighbouring country, of a temporary visit at a designated
place on the frontier by residents of the border areas
of the two countries and of entry or exit of conveyances
and persons of the two sides, quarantine inspection shall
be conducted in line with the agreements between China
and the other country or, in the absence of such an agreement,
in accordance with the relevant regulations of the Chinese
Government.
Article
26 Frontier health and quarantine offices shall charge
for health and quarantine services according to state
regulations.
Article
27 The health administration department under the State
Council shall,in accordance with this Law, formulate rules
for its implementation, which shall go into effect after
being submitted to and approved by the State Council.
Article
28 This Law shall go into effect on May 1, 1987. On the
same day, the Frontier Health and Quarantine Regulations
of the People's Republic of China promulgated on December
23, 1957, shall be invalidated.
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