South China Sea Forum

[gpit]

Patrols in Hainan get more power to stop illegal sea entry

Globaltimes.cn | 2012-11-28 14:40:00
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Hainan gives police power to stop illegal sea entry

Border patrol police in China's southernmost province of Hainan on Tuesday were given the power to embark on and check ships which illegally enter its waters.

Detailed Regulations

A newly revised maritime regulation was enacted by the Standing Committee of Hainan Provincial People's Congress on November 27.

★The regulation defines six practices of illegal activities of foreign ships or crews. These include illegal landing on the islands under the jurisdiction of Hainan, damaging coastal defense facilities or facilities for production and living, and carrying out publicity campaigns that endanger China's national security.

★The police can land on, check, seize and expel foreign ships illegally entering the island province's sea areas.

★Hainan border police are entitled to use these measures to stop the illegally entering ships or to force them into changing or reversing course

★According to the UN Convention on the Law of the Sea, foreign ships are only allowed to make inoffensive passage through China's territorial waters, meaning they can neither stop nor drop anchor.

★In the past, when foreign ships broke the UN convention, the best thing our patrol force could do was chase them out of China's waters. This new regulation will change that situation and grant the patrol force the legal means to actually do its job.

Source: Xinhua-Global Times

Patrols in Hainan get more power to stop illegal sea entry - Globaltimes.cn

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Hainan gives police power to stop illegal sea entry
China.org.cn | 2012-11-28 14:46:21
By Agencies

Border patrol police in China's southernmost province of Hainan on Tuesday were given the power to embark on and check ships which illegally enter its waters.

The police can land on, check, seize and expel foreign ships illegally entering the island province's sea areas, according to a newly revised maritime regulation enacted by the Standing Committee of Hainan Provincial People's Congress.

"Hainan border police are entitled to use these measures to stop the illegally entering ships or to force them into changing or reversing course," it said.

The regulation defines six practices of illegal activities of foreign ships or crews. These include illegal landing on the islands under the jurisdiction of Hainan, damaging the coastal defense facilities or facilities for production and living, and carrying out publicity campaigns that endanger China's national security.

http://www.globaltimes.cn/content/746991.shtml

 

[Pak2]

The Chinese are selective in their bullying activities. They pick on smaller countries which they know don't have firepower as strong as theirs. Look what happened last July in the part of Sea of Japan which lies within Russia's exclusive economic zone. Chinese fishing ships were fired upon and detained by Russian Coast Guard. What did China do? Beg Russia for the release of their fishermen and detained vessels.

 

[Rechoice]

China broke up several times in the history. What's big deal?

Much to your horror, you may not have the history knowledge that every time China broke up, it reunified with bigger territory.

And what is relevant to your Viets is that many times China reunified, Vietnam became a province of China.

The oldest being when Qin dynasty broke up and Han unified China, Vietnam became China's province (under first Chinese domination in 111 BC, as your history called it).

Whereas the 4th Chinese domination of Vietnam (again as you call it), this is when Ming Dynasty chased out Yuan after China broke up and Vietnam thought it was the time to make trouble, and it ended up being China’s province.

Often, when Vietnam became part of China, its civilization got an unprecedented boost. Of course, it is not to deny that there were many instances that Viets were suppressed by their rulers, just as there were more instances that ordinary Chinese were suppressed by their rulers.

At the end, chinese invaders ran away from Vietnam, it's a conclusion of history. In fact chinese were ruled by invaders, no thing was more.

 

[Maxtini]

The Chinese are selective in their bullying activities. They pick on smaller countries which they know don't have firepower as strong as theirs. Look what happened last July in the part of Sea of Japan which lies within Russia's exclusive economic zone. Chinese fishing ships were fired upon and detained by Russian Coast Guard. What did China do? Beg Russia for the release of their fishermen and detained vessels.

South Korea has also repeatedly shoot Chinese fishermen who entered Korean EEZ, and the Chinese has been queit all along.

"It may be surprising to learn that, of the many maritime disputes in Asia, one of the most violent in the past few years has occurred between South Korea and China in the Yellow Sea.

On 16 October a 44-year-old Chinese fisherman died when hit by a rubber bullet fired by a member of the Republic of Korea Coast Guard, which had stopped a Chinese trawler fishing illegally in South Korea’s exclusive economic zone (EEZ). Past incidents include the death of two Chinese fishermen in December 2010, the killing of an ROK coast guardsman and the wounding of another in December 2011, and the wounding of four ROK fishing inspectors in April 2012. All of these incidents have involved suspected illegal fishing by Chinese vessels.

........
South Korean officials have cracked down on illegal fishing and doubled the fines for those who are caught. China’s response to South Korea’s actions and to the violence has been relatively muted. A spokesman for the Foreign Ministry noted ‘The Chinese side regrets that the relevant incident caused the death of an ROK coastguard, which is an unfortunate event. Currently the relevant authorities in China and South Korea are in close communication on investigating this situation. China is ready to work closely with South Korea to properly settle the issue.’ South Korea and China have also held meetings for a fishing cooperation committee and established a hotline to help manage these incidents."

 

[Battle of Bach Dang River]

Bravo South Korea!

ASEAN countries around SCS should learn from S.Korea!

 

[Knight of Tang]

No hurry. We won't be that stupid to deal with all of our problems simultaneously, there must be a priority
As for S.Korea, they still have some value for us to fool around Japs, it won't be a problem to China at all since there's another Korea waiting for their chance for all the time...

Bravo South Korea!

ASEAN countries around SCS should learn from S.Korea!

 

[Viet]

Four CMS ships that joined the fleet in the last month or so:

CMS 110:

CMS 137(departed for Diaoyu Islands 28.11.2012):

We are ready for water battles! Here comes a new Vietnam-built patrol vessel:

The “DN 2000”, at 90m long, 14m wide and 7m high, VN Marine Police biggest ship so far and can sail at 21 nautical miles per hour. The vessel’s crew includes 40 persons, the rescue team having 30 persons. Besides, it also has a landing platform for a Ka-28 naval helicopter (Russia).

 

[Reashot Xigwin]

Hainan’s New Maritime Regulations: A Preliminary Analysis
By M. Taylor Fravel
December 1, 2012

Hainan’s People’s Congress recently approved new regulations for the management of public order for coastal and border defense. Part of the regulations authorizes public security units to inspect, detain or expel foreign ships illegally entering waters under Hainan’s jurisdiction. As a result, initial reporting and analysis indicated that the regulations may provide a basis for China to challenge freedom of navigation in the vast disputed waters of the South China Sea.

As the full-text of the regulations have not been published, such conclusions are, at the very least, premature. Moreover, based on information that is currently available, the regulations will likely focus on the activities of foreign ships and personnel within Hainan’s 12 nautical mile territorial seas and along Hainan’s coast, including its islands. The basis for this conclusion is analysis of a partial summary of the regulations that Xinhua published.

The regulations govern the activities of Hainan’s public security border defense units (gong'an bianfang jiguan). This refers to China’s public security border defense troops, which are part of the People's Armed Police but fall under the Ministry of Public Security and include the Maritime Police (haijing, also referred to as China’s Coast Guard). These public security units are tasked with maintaining public order in China's border and coastal areas, including port security and immigration. However, they are not responsible for maintaining law and order within China's Exclusive Economic Zones (EEZ) or any maritime zone beyond the 12 nautical mile territorial sea. The China Marine Surveillance force under the State Oceanic Administration holds the primary responsibility for these duties along with the Maritime Safety Administration and Fisheries Law Enforcement Command.

The details of the Hainan regulations indicate that the conditions under which public security border defense units are authorized to engage foreign vessels is limited. Here's the key paragraph from Xinhua:

《条例》对外国船舶及其人员，进入海南管辖海域不得有违反沿海边防治安管理的行为进行了界定，包括：通过海南管辖领海海域时非法停船或者下锚，寻衅滋事；未经查验准许擅自出境入境或者未经批准擅自改变出境入境口岸；非法登上海南管辖岛屿；破坏海南管辖岛屿上的海防设施或者生产生活设施；实施侵犯国家主权或者危害国家安全的宣传活动和其他法律、法规规定违反沿海边防治安管理的行为。

The paragraph defines six actions that could warrant boarding or other interference with foreign vessels: 1) vessels that stop or anchor with the 12 nautical mile territorial sea (linghai) or “try to pick a quarrel,” 2) vessels that enter ports without approval or inspection, 3) the illegal landing on islands under the administration of Hainan, 4) the destruction of coastal defenses or production facilities on islands under the administration of Hainan, 5) violations of national sovereignty or propaganda activities that threaten national security, and 6) other actions that threaten the management of public order in coastal and border areas.

The only maritime zone mentioned specifically in the regulations is China's 12 nautical mile territorial sea, where it enjoys more or less the equivalent of sovereign powers under the UN Convention on the Law of the Sea. There is no specific reference to boarding foreign vessels in other zones such as the EEZ, though apparent language from the preamble refers broadly to "waters under Hainan's administration" that could include areas in the South China Sea beyond 12 nautical miles. Nevertheless, the actions outlined above are all concern with Chinese territory or territorial waters – not the much larger maritime areas that press accounts have suggested. This is, moreover, consistent with the duties of the China's public security border defense units that are the subject of the regulations.

The impact on disputed areas in the South China Sea is likely to be minimal in the short to medium-term. In the regulations, the reference to the islands under Hainan’s administration indicates that they could be used to justify or rationalize the interference with the navigation of foreign vessels in territorial waters around islands and other features that China either occupies or claims in the South China Sea. However, the Chinese navy and not public security border forces are responsible for the defense of the islands that China holds. Whether public security units are granted a greater role in disputed areas is a key indicator to track.

In addition, Hainan is not the only Chinese province to pass new regulations governing public order in coastal and border areas. Within the past week, Zhejiang and Hebei have also passed similar regulations. Importantly, Hebei is not adjacent to any disputed maritime areas. This suggests a broader effort among coastal provinces to strengthen the management of public order in border and coastal areas and not a specific focus on disputed areas, though the regulations are relevant as discussed above.

In sum, although the regulations establish a legal basis for Hainan’s public security border defense units to board or seize foreign vessels on or near disputed islands, they are unlikely to result in a major change in China's behavior in the disputed waters of the South China Sea. Policing China’s EEZ is the responsibility of the China Marine Surveillance and the Fisheries Law Enforcement Command, not public security units. Nevertheless, given the applicability to disputed islands and adjacent territorial waters, China should clarify when and where these regulations apply.

M. Taylor Fravel is an Associate Professor of Political Science and member of the Security Studies Program at the Massachusetts Institute of Technology. He can be followed on Twitter @fravel.

 

[WuMaoCleverbot]

China’s 'new rule' in South China Sea is threat to all countries — DFA
December 1, 2012 2:49pm

Chinese authorities’ reported plan to board and search ships that "illegally" enter the South China Sea, which includes the West Philippine Sea, is a “direct threat” to all countries, the Department of Foreign Affairs said Saturday.

“If media reports are accurate, this planned action by China is illegal and will validate... pronouncements by the Philippines that China’s claim of indisputable sovereignty over virtually the entire South China Sea is not only an excessive claim but a threat to all countries,” the DFA said in a statement.

Quoting from the official China Daily, Reuters earlier reported that a new rule, which will come into effect on Jan. 1, will allow police in the southern Chinese province of Hainan to board and seize control of foreign ships that "illegally enter" Chinese waters and order them to change course or stop sailing.

“If media reports are accurate, then China's planned action will be a gross violation of the Declaration on the Conduct of Parties in the South China Sea (DoC), international law, particularly UNCLOS, and a direct threat to the entire international community as it violates not only the maritime domain of coastal states established under UNCLOS, but also impedes the fundamental freedom of navigation and lawful commerce,” DFA said.

Apart from Philippines and China, other countries such as Taiwan, Vietnam, Brunei and Malaysia claim various parts of the South China Sea as part of their territories.

Earlier, ASEAN (Association of Southeast Asian Nations) Secretary-General Surin Pitsuwan noted that China’s plan will escalate tension in the region.

"My reaction is (this is) certainly an escalation of the tension that has already been building. And it is a very serious turn of events," he said.

On December 12, South China Sea claimants – excluding China – will hold a meeting in Manila discussing “viable options to move the issue forward” and find a “peaceful resolution” to the unresolved territorial row in the disputed seas.

Taiwan, Vietnam, Brunei and Malaysia are set to attend the meeting, which will be hosted by the Philippines.

Manila and Beijing’s standoff began in April after Chinese vessels were caught poaching in Panatag (Scarborough) Shoal. Before Filipino authorities can make arrests, Chinese ships blocked their path. — Rouchelle R. Dinglasan /LBG, GMA News

 

[Viet]

We are going to take tough actions against violators of our waters, too!



Vietnam´s Fishery Control Forces to join sea sovereignty protection
TUOITRENEWS A+ A-
Updated : Sat, December 1, 2012,2:53 PM (GMT+0700)

Vietnam´s Fishery Control Forces is responsible for checking, supervising, preventing and dealing with fishing boats or foreign vessels that break into Vietnam’s exclusive economic zone, Vietnam’s continent shelf and Vietnam’s waters.

Vietnam’s fishery control forces will take part in defending the country’s sovereignty over sea territory, according to a new decree that will take effect on January 25, 2013.

Under Decree102/2012/ND-CP of the Government on the organization and operation of fishery control forces, these forces are the State’s specialized units that is set up under the Ministry of Agriculture and Rural Development’s Fisheries General Department.

According to the decree, fishery control forces will check and inspect fishery activities in the country’s sea areas to protect fishermen at sea and handle violations of regulations on fisheries.

Fishery controllers have the right to impose administrative penalties or preventive measures against violations of regulations on fisheries by domestic or foreign individual and organizations that carry out fishery activities in Vietnam’s sea areas.

Fishery control units will also take part in defending the country’s sovereignty, sovereignty rights, and jurisdictions over sea territory under applicable laws and rules.

In addition, these units are required to join international cooperation activities in the field of fisheries under international treaties to which Vietnam has signed or acceded. These forces are also expected to take part in anti-disaster activities and coordination of search and rescue operations.

 

[cirr]

More ships join the rank:

 

[cirr]

We are ready for water battles! Here comes a new Vietnam-built patrol vessel:

The “DN 2000”, at 90m long, 14m wide and 7m high, VN Marine Police biggest ship so far and can sail at 21 nautical miles per hour. The vessel’s crew includes 40 persons, the rescue team having 30 persons. Besides, it also has a landing platform for a Ka-28 naval helicopter (Russia).

Be patient, for 2013 is the year during which upwards of 60 of various so-called "public service" ships, will be launched at various shipyards in China. I will post pictures as and when they become available. If China so decides, it would be cakewalk for the country to build hundreds of such ships a year with tonnage ranging from several hundreds to several thousands or more. Indeed that's exactly what China intends to do in the next 3-5 years. By 2015 there will be so many CMS, CFS, CCS and CCP ships patrolling the South China Sea that one might find the place a pond than a sea. Give us some time. Ok?

 

[cirr]

Freshly minted for having some fun in the South China Sea：

 

[EastSea]

Be patient, for 2013 is the year during which upwards of 60 of various so-called "public service" ships, will be launched at various shipyards in China. I will post pictures as and when they become available. If China so decides, it would be cakewalk for the country to build hundreds of such ships a year with tonnage ranging from several hundreds to several thousands or more. Indeed that's exactly what China intends to do in the next 3-5 years. By 2015 there will be so many CMS, CFS, CCS and CCP ships patrolling the South China Sea that one might find the place a pond than a sea. Give us some time. Ok?

we can do what is necessary for defend our sea and Islands.

 

[NiceGuy]

Let's cover the whole SCS(east sea) by sea mines, then all China-Taiwan's oil tankers, merchans ship passing through will sail to Hell, HongKong-Taiwan-Macau surely will go back to poor and dirty fishing villages