1993

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE’S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

Decision of the Standing Committee of the National People’s Congress on Exercising Criminal Jurisdiction over Crimes Prescribed in
the International Treaties to Which the People’s Republic of China Is a Party or Has Acceded

(Adopted at the 21st Meeting of the Standing Committee of the Sixth National People’s Congress on June 23, 1987) 

The 21st Meeting of the Standing Committee of the Sixth National People’s Congress resolves that the People’s Republic of China shall,
within the scope of its treaty obligations, exercise criminal jurisdiction over crimes prescribed in the international treaties to
which the People’s Republic of China is a party or has acceded. 

Appendixes: 

The Relevant Clauses of the International Conventions 

I.  Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents 

The second paragraph of Article 3: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction
over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to Article
8 to any of the States mentioned in paragraph 1 of this Article.”       

Article 7: “The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without
exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings
in accordance with the laws of that State.” 

II. Convention for the Suppression of Unlawful Seizure of Aircraft 

The second paragraph of Article 4: “Each Contracting State shall likewise take such measures as may be necessary to establish its
jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant
to Article 8 to any of the States mentioned in paragraph 1 of this Article.” 

Article 7: “The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be
obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent
authorities for the purpose of prosecution. 

“Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under
the law of that State.” 

III. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 

The second paragraph of Article 5: “Each Contracting State shall likewise take such measures as may be necessary to establish its
jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as
that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite
him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.” 

Article 7: “The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be
obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent
authorities for the purpose of prosecution. 

“Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under
the law of that State.” 

IV. The Convention on the Physical Protection of Nuclear Material 

The second paragraph of Article 8: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction
over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to Article
11 to any of the States mentioned in paragraph 1.” 

V.  International Convention Against the Taking of Hostages 

The second paragraph of Article 5: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction
over the offences set forth in Article 1 in cases where the alleged offender is present in its territory and it does not extradite
him to any of the States mentioned in paragraph 1 of this Article.” 

The first paragraph of Article 8: “The State Party in the territory of which the alleged offender is found shall, if it does not
extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit
the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.
Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the
law of that State.”

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







IMPLEMENTATION MEASURES OF THE MINISTRY OF FINANCE FOR PUTTING INTO EFFECT THE PREFERENTLAL TERMS ON TAXATION PROVIDED IN "THE PROVISIONS OF THE STATE COUNCIL FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT"

MEASURES RELATING TO IMPORT SUBSTITUTION OF MECHANICAL AND ELECTRICAL PRODUCTS MANUFACTURED BY CHINESE-FOREIGN JOINT VENTURES AND CHINESE-FOREIGN COOPERATIVE VENTURES

CUSTOMS LAW

Customs Law of the People’s Republic of China

    

(Adopted at the 19th Meeting of the Standing Committee of the Sixth National People’s Congress on January 22, 1987, promulgated by
Order No. 51 of the President of the People’s Republic of China on January 22, 1987, and effective as of July 1, 1987)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II INWARD AND OUTWARD MEANS OF TRANSPORT

CHAPTER III INWARD AND OUTWARD GOODS

CHAPTER IV INWARD AND OUTWARD ARTICLES

CHAPTER V CUSTOMS DUTIES

CHAPTER VI LEGAL RESPONSIBILITIES

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated for the purpose of safeguarding state sovereignty and interests, strengthening supervision and control by
the Customs, promoting exchanges with foreign countries in economic affairs, trade, science, technology and culture, and ensuring
socialist modernization.

   Article 2. The Customs of the People’s Republic of China shall be the state organ responsible for supervision and control over everything entering
and leaving the customs territory ( hereinafter referred to as inward and outward persons and objects). The Customs shall, in accordance
with this Law and other related laws and regulations, exercise supervision and control over the means of transport, goods, travellers’
luggage, postal items and other articles entering or leaving the territory (hereinafter referred to as inward and outward means of
transport, goods and articles), collect customs duties and other taxes and fees, uncover and suppress smuggling, work out customs
statistics and handle other customs operations.

   Article 3. The State Council shall set up the General Customs Administration which shall exercise unified administration of the customs establishments
throughout the country.

The state shall set up customs establishments at ports open to foreign countries and regions and at places which call for concentrated
customs operations of supervision and control. The subordination of one customs establishment to another shall not be restricted
by administrative divisions.

The customs establishments shall exercise their functions and powers independently in accordance with the law, and shall be responsible
to the General Customs Administration.

   Article 4. A customs establishment shall exercise the following powers:

(1) to check inward and outward means of transport and examine inward and outward goods and articles; to detain those entering or
leaving the territory in violation of this Law or other relevant laws and regulations;

(2) to examine the papers and identifications of persons entering or leaving the territory; to interrogate those suspected of violating
this Law or other relevant laws and regulations, and investigate their illegal activities;

(3) to examine and make copies of contracts, invoices, book accounts, bills, records, documents, business letters and cables, audio
and video products and other materials related to the inward and outward means of transport, goods and articles; to detain those
related to the means of transport, goods and articles entering or leaving the territory in violation of this Law or other relevant
laws and regulations;

(4) to search, within a customs surveillance zone and the specified coastal or border area in the vicinity of a customs establishment,
means of transport suspected of involvement in smuggling, and storage places suspected of concealing smuggled goods and articles,
and to search persons suspected of smuggling. Upon the approval of the director of a customs establishment, a suspected criminal
smuggler may be detained and handed over to a judicial organ. Such detention shall not exceed 24 hours and, under special circumstances,
may be extended to 48 hours.

The scope of the specified coastal or border area in the vicinity of a customs establishment shall be defined by the General Customs
Administration and the public security department under the State Council in conjunction with the relevant provincial people’s governments;

(5) Customs officers may chase means of transport or persons defying and escaping from customs supervision and control to places beyond
a customs surveillance zone or the specified coastal or border area in the vicinity of a customs establishment and bring them back
to be properly dealt with; and

(6) A customs establishment may be provided with arms for the performance of its duties. Rules governing the carrying and use of
arms by customs officers shall be drawn up by the General Customs Administration jointly with the public security department under
the State Council and reported to the State Council for approval.

   Article 5. All inward and outward means of transport, goods and articles shall enter or leave the territory at a place where there is a customs
establishment. If, under special circumstances, they have to enter or leave the territory at a place without a customs establishment
as a matter of contingency, permission shall be obtained from the State Council or an organ authorized by the State Council, and
customs formalities shall be duly completed in accordance with this Law.

   Article 6. Unless otherwise provided for, all import and export goods shall be declared and duties on them paid by declaration enterprises
registered with the Customs, or by enterprises enpost_titled to engage in import and export business. The persons of these enterprises
in charge of the declaration shall be evaluated and approved by the Customs. The customs formalities concerning declaration of inward
and outward articles and payment of duties on them may be completed either by the owner or by a person the owner has entrusted to
act as his agent. The agent entrusted to complete the declaration formalities shall abide by all provisions of this Law applicable
to the owner.

   Article 7. Customs personnel shall abide by the laws and regulations, enforce the law impartially, be devoted to their duties and render services
in a civilised manner.

No unit or individual may obstruct the Customs from performing its duties according to law.

Where a customs officer meets with resistance while carrying out his duties, the public security organ and the People’s Armed Police
units performing related tasks shall provide assistance.

CHAPTER II INWARD AND OUTWARD MEANS OF TRANSPORT

   Article 8. When a means of transport arrives at or departs from a place where there is a customs establishment, the person in charge of the
means of transport shall make a truthful declaration to the Customs, submit the relevant papers for examination and accept customs
control and examination.

The inward and outward means of transport staying at a place with a customs establishment shall not depart from it without prior permission
by the Customs.

Before an inward or outward means of transport moves from one place with a customs establishment to another place with a customs establishment,
it shall comply with the control requirements of the Customs and complete customs formalities; no means of transport shall be allowed
to change its course and leave the territory unless it has cleared the Customs.

   Article 9. An inward means of transport which has entered the territory but has not made its declaration to the Customs or an outward means
of transport which has cleared the Customs but has not left the territory shall move along routes specified by competent communications
authorities; in the absence of such specification, the routes shall be designated by the Customs.

   Article 10. The Customs shall be notified in advance, either by the person in charge of a means of transport or by the relevant transport and
communications department, of such details as when an inward or outward vessel, train or aircraft will arrive and depart, where it
will stay, what places it will move to during its stay, and when the loading or unloading of the goods and articles will take place.

   Article 11. The inward or outward goods and articles being loaded on or unloaded from a means of transport and the inward and outward passengers
boarding or getting off a means of transport shall be subject to customs control.

Upon the completion of such loading or unloading, the person in charge of the means of transport shall submit to the Customs documents
and records which reflect the actual situation of the loading and unloading.

Those boarding or getting off an inward or outward means of transport who carry articles with them shall truthfully declare to the
Customs and shall be subject to customs examination.

   Article 12. When an inward or outward means of transport is being checked by the Customs, the person in charge of the means of transport shall
be present and open the holds, cabins, rooms or doors of the vehicles at the request of the Customs; where smuggling is suspected,
such person shall also open or dismantle the part of the means of transport which may conceal smuggled goods and articles or remove
the goods and materials.

In accordance with work requirements, the Customs may dispatch officers to perform duties on board the means of transport. The person
in charge of the means of transport shall provide them with conveniences.

   Article 13. An inward means of transport of countries or regions outside the territory or an outward means of transport of units or enterprises
inside the territory shall not be transferred or devoted to other uses prior to the completion of customs formalities and payment
of customs duties.

   Article 14. Where inward or outward vessels and aircraft are concurrently engaged in transportation of goods and passengers within the territory,
customs approval shall be obtained and requirements for customs control shall be fulfilled.

Customs formalities shall be completed with the Customs for an inward or outward means of transport to change to transport business
within the territory.

   Article 15. Coastal transport vessels, fishing boats and ships engaged in special operations at sea may not carry, obtain on an exchange basis,
purchase or transfer inward and outward goods and articles without customs approval.

   Article 16. When, owing to force majeure, an inward or outward vessel or aircraft is forced to berth, land or jettison and discharge goods and
articles at a place without a customs establishment, the person in charge of the means of transport shall report immediately to the
customs establishment nearby.

CHAPTER III INWARD AND OUTWARD GOODS

   Article 17. All import goods, throughout the period from the time of arrival in the territory to the time of customs clearance; all export goods,
throughout the period from the time of declaration to the time of departure from the territory; and all transit, transshipment and
through goods, throughout the period from the time of arrival in the territory to the time of departure from the territory, shall
be subject to customs control.

   Article 18. The consignee for import goods and the consignor for export goods shall make an accurate declaration and submit the import or export
license and relevant papers to the Customs for examination. In the absence of an import or export license, goods whose importation
or exportation is restricted by the state shall not be released. Specific measures for handling such matters shall be enacted by
the State Council.

Declaration of import goods shall be made to the Customs by the consignee within 14 days of the declaration of the arrival of the
means of transport; declaration of export goods shall be made by the consignor 24 hours prior to loading unless otherwise specially
approved by the Customs.

Where the consignee fails to declare the import goods within the time limit prescribed in the preceding paragraph, a fee for delayed
declaration shall be imposed by the Customs.

   Article 19. All import and export goods shall be subject to customs examination. While the examination is being carried out, the consignee
for the import goods or the consignor for the export goods shall be present and be responsible for moving the goods and opening and
restoring the package. The Customs shall be enpost_titled to examine or re-examine the goods or take samples from them without the presence
of the consignee or the consignor whenever it considers this necessary. Import and export goods may be exempted from examination
if an application has been made by the consignee or consignor and approved by the General Customs Administration.

   Article 20. Unless specially approved by the Customs, import and export goods shall be released upon customs endorsement only after the payment
of duties or the provision of a guarantee.

   Article 21. Where the consignee fails to declare the import goods to the Customs within three months of the declaration of the arrival of the
means of transport, the goods shall be taken over and sold off by the Customs. After the costs of transport, loading and unloading
and storage and the duties and taxes are deducted from the money obtained from the sale, the remaining sum, if any, shall be returned
to the consignee provided he submits an application to the Customs within one year of the sale of the goods; if nobody applies within
the time limit, the money shall be turned over to the State Treasury.

Inward goods confirmed by the Customs to be misdischarged or over-discharged may be returned to the place of consignment or imported
upon completion of necessary formalities by the person in charge of the means of transport carrying the goods or the consignee or
the consignor for the goods within three months of the discharging. When necessary, an extension of three months may be granted
through customs approval. If the formalities are not completed within the time limit, the goods shall be disposed of by the Customs
in accordance with the provisions laid down in the preceding paragraph.

Where goods listed in the preceding two paragraphs are not suitable for storage over a long period, the Customs may, according to
actual circumstances, dispose of them before the time limit is reached.

Import goods declared to be abandoned by the consignee or the owner shall be taken over and sold off by the Customs. The money thus
obtained shall be turned over to the State Treasury after the costs of transport, loading, unloading and storage are deducted.

   Article 22. Goods that are temporarily imported or exported with the approval of the Customs shall be re-shipped out of or into the territory
within six months. An extension may be granted in special circumstances through customs approval.

   Article 23. The operation of the storage, processing and assembling and consignment sales of bonded goods shall be approved by and registered
with the Customs.

   Article 24. Customs formalities for import goods shall be completed by the consignee at the customs establishment at the place where the goods
enter the territory; those for export goods shall be completed by the consignor at the customs establishment where the goods depart
from the territory.

If applied for by the consignee or the consignor and approved by the Customs, customs formalities for import goods may be completed
at the place of destination where there is a customs establishment, and those for export goods at the place of consignment where
there is a customs establishment. The transport of such goods from one place with a customs establishment to another shall comply
with the control requirements of the Customs. When necessary, customs officers may escort the goods in transportation.

Where goods enter or leave the territory by electric cables, pipelines or other special means of conveyance, the management units
concerned shall report at regular intervals to the designated customs establishment and complete customs formalities as required.

   Article 25. All transit, transshipment and through goods shall be truthfully declared by the person in charge of the means of transport to the
customs establishment at the place where the goods enter the territory, and shall be shipped out of the territory within the designated
time limit.

The Customs may examine such goods whenever it considers this necessary.

   Article 26. Without customs approval, no unit or individual may open, pick up, deliver, forward, change, repack, mortgage or transfer goods
under customs control or change the identification marks on such goods.

Seals affixed by the Customs may not be opened or broken by any person without customs authorization.

The managers of warehouses and places where goods under customs control are kept shall complete procedures for the receipt and delivery
of goods in accordance with customs regulations.

The storage of goods under customs control at a place outside a customs surveillance zone shall be approved by the Customs and subject
to customs control.

   Article 27. The General Customs Administration shall draw up, independently or jointly with the relevant departments under the State Council,
rules for control over inward and outward containers; rules for control over the salvage of inward and outward goods and sunken ships;
rules for control over inward and outward goods involved in small volumes of border transactions and other inward and outward goods
not specified in this Law.

CHAPTER IV INWARD AND OUTWARD ARTICLES

   Article 28. Inward and outward luggage carried by individuals and inward and outward articles sent by post shall be limited to reasonable quantities
for personal use and shall be subject to customs control.

   Article 29. All inward and outward articles shall be accurately declared to the Customs by the owner and shall be subject to customs examination.

Seals affixed by the Customs may not be opened or broken by any person without authorization.

   Article 30. The loading, unloading, transshipment and transit of inward and outward mail bags shall be subject to customs control, and a covering
waybill shall be submitted to the Customs by the postal enterprise concerned.

The postal enterprise shall inform the Customs in advance of the schedule for the opening and sealing of international mail bags.
The Customs shall promptly dispatch officers to supervise checking and examination on the spot.

   Article 31. Inward and outward articles sent by post shall be posted or delivered by managing units only after they have been examined and released
by the Customs.

   Article 32. Articles registered with and approved by the Customs for temporarily entering or leaving the territory duty-free, shall be taken
out or brought into the territory again by the owner.

Persons passing through the territory may not leave in the territory, without customs approval, the articles they carry with them.

   Article 33. In accordance with Article 21 of this Law, the Customs shall dispose of inward and outward articles declared to be abandoned by
the owner; articles to which no one makes a claim or for which customs formalities are not completed within the time limit set by
the Customs; and inward postal items which can neither be delivered nor be returned.

   Article 34. Inward and outward articles intended for official or personal use by foreign missions or personnel enjoying diplomatic privileges
and immunities shall be dealt with in accordance with the Regulations of the People ‘s Republic of China on Diplomatic Privileges
and Immunities.

CHAPTER V CUSTOMS DUTIES

   Article 35. Unless otherwise provided for in this Law, customs duties shall be levied according to the import and export tariff on goods permitted
to be imported or exported and articles permitted to enter or leave the territory. The tariff shall be made known to the public.

   Article 36. The consignee of import goods, the consignor of export goods and the owner of inward and outward articles shall be the obligatory
customs duty payer.

   Article 37. The customs duty payer of import or export goods shall pay the amount levied within seven days following the date of issuance of
the duty memorandum. In case of failure to meet this time limit, a fee for delayed payment shall be imposed by the Customs. Where
the delay exceeds three months, the Customs may instruct the guarantor to pay the duties or sell off the goods to offset the duties.
The Customs may inform the bank to deduct the amount of duties due from the deposits of the guarantor or the obligatory customs
duty payer when it considers this necessary.

The payment of duties on inward or outward articles shall be made, prior to their release, by the obligatory customs duty payer.

   Article 38. The duty-paying value of an import item shall be its normal CIF price, which shall be approved by the Customs; the duty-paying value
of an export item shall be its normal FOB price, which shall be approved by the Customs, minus the export duty. Where it is impossible
to ascertain the CIF or FOB price, the duty-paying value of an import or export item shall be fixed by the Customs.

The duty-paying value of an inward or outward article shall be fixed by the Customs.

   Article 39. Duty reduction or exemption shall be granted for import or export goods and inward or outward articles listed below:

(1) advertising items and trade samples of no commercial value;

(2) materials presented free of charge by foreign governments or international organizations;

(3) goods to which damage or loss has occurred prior to customs release;

(4) articles of a quantity or value within the fixed limit;

(5) other goods and articles specified by law as items for duty reduction or exemption; and

(6) goods and articles specified as items for duty reduction or exemption by international treaties to which the People’s Republic
of China is either a contracting or an acceding party.

   Article 40. Duty reduction or exemption may be granted for import and export goods of the Special Economic Zones and other specially designated
areas; for import and export goods of specific enterprises such as Chinese-foreign equity joint ventures, Chinese-foreign contractual
joint ventures and enterprises with exclusive foreign investment; for import and export goods devoted to specific purposes; and for
materials donated for use by public welfare undertakings. The State Council shall define the scope and formulate the rules for such
reduction and exemption.

The State Council or departments empowered by the State Council shall define the scope and formulate the rules for duty reduction
or exemption involved in small volumes of border transactions.

   Article 41. All import goods and articles for which duty reduction or exemption is granted in accordance with the preceding Article shall be
used only in specific areas and enterprises or for specific purposes. They shall not be utilized otherwise unless customs approval
is obtained and duties duly paid.

   Article 42. Temporary duty reduction or exemption not specified in Article 39 and 40 of this law shall be examined and approved by the General
Customs Administration independently or jointly with the financial department under the State Council in accordance with the regulations
of the State Council.

   Article 43. Temporary duty exemption shall be granted for goods approved by the Customs as temporarily imported or exported items and for bonded
goods imported by special permission after the consignee or the consignor of the goods submits to the Customs a guarantee or a deposit
of an amount equal to the duties.

   Article 44. Where the Customs finds that the duties are short-levied or not levied on a consignment of import or export goods or on an inward
or outward article after its release, the Customs shall collect the money payable from the obligatory customs duty payer within one
year of the previous duty payment or the release of the item. If the short-levied or non-levied duties are attributable to the duty
payer’s violation of the customs regulations, the Customs may collect the unpaid amount from him within three years.

   Article 45. Where the duties are over-levied, the Customs, upon discovery, shall refund the money without delay. The duty payer may ask the
Customs for refunding within one year of the date of duty payment.

   Article 46. Where the obligatory customs duty payer is involved in a dispute over duty payment with the Customs, he shall first pay the duties
and may, within 30 days of the issuance of the duty memorandum, apply to the Customs in writing for a reconsideration of the case.
The Customs shall reach a decision within 15 days of the receipt of the application. If the obligatory customs duty payer refuses
to accept the decision, he may apply to the General Customs Administration for a reconsideration of the case within 15 days of the
receipt of the decision. If the decision of the General Customs Administration is still considered unacceptable by the obligatory
customs duty payer, he may file a suit in a people’s court within 15 days of the receipt of the decision.

CHAPTER VI LEGAL RESPONSIBILITY

   Article 47. Evasion of customs control in one of the forms listed below shall constitute a crime of smuggling:

(1) to transport, carry or send by post into or out of the territory narcotic drugs, weapons or counterfeit currencies which are prohibited
by the state from being imported or exported; to transport, carry or send by post into or out of the territory obscene objects for
the purpose of profit-making or dissemination; or to transport, carry or send by post out of the territory cultural relics which
are prohibited by the state from being exported;

(2) to transport, carry or send by post into or out of the territory, for the purpose of making a profit, articles in relatively large
quantities or of a relatively high value which are prohibited by the state from being imported or exported, but which are not included
in item (1) of this Article; and goods or articles in relatively large quantities or of a relatively high value whose importation
or exportation is restricted by the state or which are subject to the collection of customs duties according to law; or

(3) to sell, without customs approval and payment of duties, bonded goods imported by special permission or goods listed for special
duty reduction or exemption which are in relatively large quantities or of a relatively high value.

Any armed smuggling or resistance by violence to customs examination of smuggled goods or articles shall constitute a crime of smuggling,
whatever the quantity or value of the goods or articles involved.

The criminal punishments imposed by the people’s court to persons guilty of smuggling include imposing a fine and the confiscation
of the smuggled goods or articles, of the means of transport used for smuggling and of the illegal proceeds obtained therefrom.

Where an enterprise, an institution or a state organ or a public organization is guilty of smuggling, the judicial organ shall investigate
and determine the criminal responsibility of the person or persons in charge and the person or persons directly answerable for the
offence, and issue an order to impose a fine on the unit and confiscate the smuggled goods or articles, the means of transport used
for smuggling and the illegal proceeds obtained therefrom.

   Article 48. If the smuggled goods and articles involved in one of the acts listed under item (2) and (3) of Article 47 of this Law are not large
in quantity nor of high value, or where the carrying or sending by post of obscene objects into or out of the territory does not
yet constitute a crime of smuggling, the Customs may, while confiscating the goods, articles or illegal proceeds obtained therefrom,
concurrently impose a fine on the person or persons concerned.

   Article 49. Any of the following acts shall be dealt with as a crime of smuggling and shall be punishable in accordance with the provisions
of Article 47 of this Law:

(1) to purchase directly and illegally from a smuggler articles which are prohibited by the state from being imported; or to purchase
directly and illegally from a smuggler other smuggled goods or articles in relatively large quantities or of a relatively high value;
or

(2) to transport, purchase or sell on inland or territorial waters articles which are prohibited by the state from being imported
or exported; or to transport, purchase or sell without legal certification goods or articles whose importation or exportation is
restricted by the state and which are in relatively large quantities or of a relatively high value.

Where an act listed in the preceding paragraphs does not yet constitute a crime of smuggling, punishment shall be applied in accordance
with the provisions of Article 48 of this Law.

   Article 50. Any individual who carries or sends by post articles for personal use into or out of the territory in a quantity exceeding the reasonable
limit and fails to declare them to the Customs shall be made to pay the duties and may be fined.

   Article 51. A fine may be imposed for any of the following acts which violate the regulations on customs control prescribed in this Law:

(1) for a means of transport to enter or leave the territory at a place without a customs establishment;

(2) to fail to inform the Customs of the arrival and departure time of a means of transport and the place where it will stay or any
change of such a place;

(3) to fail to declare truthfully to the Customs the import or export goods or the transit, transshipment and through goods;

(4) to fail to accept, in accordance with relevant regulations, the checking and examination by the Customs of the means of transport,
goods or articles entering or leaving the territory;

(5) for an inward or outward means of transport to load or unload inward or outward goods or articles or let passengers get on or
off without customs approval;

(6) for an inward or outward means of transport staying at a place with a customs establishment to leave without customs approval;

(7) for an inward or outward means of transport en route from one place with a customs establishment to another with a customs establishment
to move out of the territory or to a point in the territory where there is no customs establishment without completing the clearance
formalities and obtaining customs approval;

(8) for an inward or outward means of transport to engage concurrently in or change to service within the territory without customs
approval;

(9) for an inward or outward vessel or aircraft which, by force majeure, stops or lands at a place without a customs establishment,
or jettisons or discharges goods or articles in the territory to fai

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE MEASURES FOR RECEIVING COMPATRIOTS FROM TAIWAN WHO COME TO THE MAINLAND OF THEIR MOTHERLAND TO VISIT THEIR RELATIVES

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1987-10-16 Effective Date  1987-10-16  


Circular of the General Office of the State Council of the People’s Republic of China Concerning the Measures for Receiving Compatriots
From Taiwan Who Come to the Mainland of Their Motherland to Visit Their Relatives



or As Tourists

(October 16, 1987)

    1. The Government of the motherland warmly and sincerely welcomes
compatriots from Taiwan to come to the mainland to visit their relatives or as
tourists, and guarantees that they have the complete freedom to come and go.

    2. Compatriots from Taiwan, who wish to return to the mainland of their
motherland to visit their relatives or as tourists, shall apply for travel
certificates. In the region of Hong Kong, the matter shall be handled by the
visa-issuing office of the Ministry of Foreign Affairs in Hong Kong or by the
China Travel Service in Hong Kong on its behalf; in the United States, Japan
and other countries, applications for travel certificates shall be handled by
the Chinese embassies and consulates in respective countries.

    3. When compatriots from Taiwan arrive in the mainland, the Customs shall,
on the strength of their travel certificates mentioned above, give easy
clearance after examination to the luggage and articles they carry along as
long as they are within the reasonable quantities allowed for personal use.

    4. Compatriots from Taiwan shall be enpost_titled to the same treatment as
enjoyed by the mainland passengers with respect to buying airplane, train and
ship tickets in the mainland and staying in hotels.

    5. With respect to the foreign exchange openly quoted for free conversion
by the State Administration of Foreign Exchange Control, there shall be no
limit in amount for compatriots from Taiwan to remit or carry into the
mainland or convert in the mainland. Foreign exchange transactions shall be
conducted by the Bank of China, or by other banks approved by the State
Administration of Foreign Exchange Control to handle foreign exchange
business, and also by foreign exchange conversion agencies stationed at
airports, hotels, and department stores. Compatriots from Taiwan may open
foreign currency accounts with the aforesaid banks with the interest paid in
foreign currencies; and they shall have the freedom to deposit or withdraw
money, or remit both the principal and interest out of the mainland.

    6. Compatriots from Taiwan, like their compatriots in the mainland, may
enjoy the freedom to go sightseeing or make a tour all over the mainland.

    7. Compatriots from Taiwan, who return to the mainland to visit their
relatives or to tour in the mainland, shall abide by the various laws and
regulations promulgated by the Government of the motherland, and respect the
social customs and habits in the various localities.






POSTAL LAW

Postal Law of the People’s Republic of China

    

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II ESTABLISHMENT OF POSTAL ENTERPRISES AND POSTAL FACILITIES

CHAPTER III CLASSIFICATION OF POSTAL BUSINESSES AND POSTAL RATES

CHAPTER IV POSTING AND DELIVERING OF POSTAL MATERIALS

CHAPTER V TRANSPORTATION,CUSTOMS EXAMINATION AND QUARANTINE

INSPECTION OF POSTAL MATERIALS

CHAPTER VI COMPENSATION FOR LOSSES

CHAPTER VII PENALTY PROVISIONS

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated in accordance with the Constitution of the People’s Republic of China, with a view to protecting
freedom and privacy of correspondence, ensuring normal progress of postal work, and promoting development of
postal services, so as to suit the needs of socialist construction and livelihood of the people.

   Article 2. The competent department of postal services under the State Council shall administer postal services throughout the country.

The competent department of postal services under the State Council shall set up regional administrative organs of postal
services as required to administer postal services of each region.

   Article 3. The postal enterprises attached to the competent department of postal services under the State Council are public enterprises,
owned by the whole people, that operate postal businesses.

According to stipulations of the competent department of postal services under the State Council, postal enterprises
shall establish branch offices that operate postal businesses.

   Article 4. Freedom and privacy of correspondence shall be protected by law. No organization or individual shall infringe upon
the freedom and privacy of correspondence of other persons for any reason, except when the inspection of correspondence
in accordance with legal procedures by the public security organ, the state security organ or the procuratorial organ
is necessary for the state’s safety or the investigation of criminal offence.

   Article 5. Postal materials handed in or posted, remittances made and savings deposited by users shall be protected by law, and
shall not be inspected and withheld by any organization or individual except as otherwise provided by law.

   Article 6. Postal enterprises shall provide users with fast, accurate, safe and convenient postal services.

Postal enterprises and postal staff shall not provide information to any organization or individual about users’
dealings with postal services except as otherwise provided for by law.

   Article 7. Postal materials and remittances shall be owned by senders and remitters before they are delivered to recipients and remittees.

   Article 8. Posting and delivering services of mail and other articles with characteristics of mail shall be exclusively operated
by postal enterprises, except as otherwise provided by the State Council.

Postal enterprises may, according to needs, entrust other units or individuals as agents to run businesses
exclusively operated by postal enterprises. The provisions on postal personnel specified in this Law shall apply to
agents when they handle postal businesses.

   Article 9. No unit or individual shall produce false copies or make fraudulent use of special postal marks, postal uniforms and special
postal articles.

CHAPTER II ESTABLISHMENT OF POSTAL ENTERPRISES AND POSTAL FACILITIES

   Article 10. Standards for establishment of postal enterprises and their branch offices shall be formulated by the competent
department of postal services under the State Council.

   Article 11. Postal enterprises shall establish branch offices, postal kiosks, newspaper and periodical stands, mail boxes, etc., in
places convenient to the masses, or provide mobile services.

Residents’ mailboxes for receiving letters and newspapers shall be installed in residential buildings in cities.

Places shall be provided for handling postal business in larger railway stations, airports, ports and guest houses.

CHAPTER III CLASSIFICATION OF POSTAL BUSINESSES AND POSTAL RATES

   Article 12. Postal enterprises operate the following businesses:

(1) posting and delivering of domestic and international postal materials;

(2) distributing domestic newspapers and periodicals;

(3) postal savings and postal remittances; and

(4) other suitable businesses stipulated by the competent department of postal services under the State Council.

   Article 13. Postal enterprises and their branch offices shall not arbitrarily close down those postal businesses that must
be handled according to the stipulations made by the competent department of postal services under the State
Council and the regional administrative organ of postal services.

Owing to force majeure or special reasons, if postal enterprises and their branch offices need to close down temporarily
or restrict the handling of some postal businesses, they must obtain approval of the competent department of
postal services under the State Council or of regional postal administrative organs.

   Article 14. Postal enterprises shall strengthen distribution work of newspapers and periodicals. If publishing units entrust postal
enterprises with distribution of newspapers and periodicals, they must make distribution contracts with
postal enterprises.

   Article 15. The basic postal rates of postal services shall be set by the competent department in charge of pricing under the State Council
and shall be reported to the State Council for approval. Non-basic postal rates shall be formulated by the
competent department of postal services under the State Council.

   Article 16. The payment of postage on various postal materials shall be indicated by postage certificates or by postmarks showing postage
paid.

   Article 17. Postage stamps, stamped envelopes, stamped postcards, stamped aerogrammes and other postage certificates shall be
issued by the competent department of postal services under the State Council, and no unit or individual shall be allowed
to produce false copies.

The administrative measures on making facsimiles of stamp patterns shall be formulated by the competent department of
postal services under the State Council.

   Article 18. Postage certificates sold shall not be cashed in postal enterprises or their branch offices.

Postage certificates to be withdrawn from circulation shall be announced to the public, and sales will be stopped
one month in advance by the competent department of postal services under the State Council. Holders of such postage
certificates may exchange them for valid postage certificates at postal enterprises and their branch offices within six
months from the date of the announcement.

   Article 19. The following postage certificates shall not be used:

(1) those which the competent department of postal services under the State Council has announced as withdrawn from usage;

(2) those that have been postmarked or cancelled;

(3) those that are contaminated, incomplete or illegible due to fading or decolouring; and

(4) stamp patterns cut off from stamped envelopes, stamped postcards and stamped aerogrammes.

CHAPTER IV POSTING AND DELIVERING OF POSTAL MATERIALS

   Article 20. In handing in or posting postal materials, users must abide by the provisions formulated by the relevant competent
department under the State Council on articles forbidden to post or deliver and articles to be posted or delivered in limited
amounts.

   Article 21. The contents of postal materials, other than letters, to be handed in or posted by users, shall be checked on the
spot by postal enterprises or branch offices, and if such examination is refused, the postal material shall not
be accepted and posted.

Mail handed in or posted by users must be in line with the stipulations concerning the content allowed to be
posted; postal enterprises and their branch offices have the right to request users to take out the contents for examination,
when necessary.

   Article 22. Postal enterprises and their branch offices shall deliver postal materials within the time limits laid down by the
competent department of postal services under the State Council.

   Article 23. Undeliverable postal materials shall be returned to the senders.

Mail that is both undeliverable and unreturnable, and unclaimed within the time limit stipulated by the competent
department of postal services under the State Council, shall be destroyed on the authority of regional administrative
organs of postal services.

The incoming international postal articles that are undeliverable and unreturnable, and unclaimed within
the time limit stipulated by the competent department of postal offices under the State Council, shall be handled
by the Customs in accordance with the law.

Disposal measures for other undeliverable and unreturnable postal materials shall be formulated by the competent department
of postal services under the State Council.

   Article 24. The remittees of postal remittances shall cash the postal remittances with valid documents at postal enterprises or branch
offices within two months after receiving the notice of postal remittances. Remittances unclaimed when such time
period expires shall be returned to the remitters by postal enterprises or branch offices. Remittances which are unclaimed
when a period of ten months expires, counting from the date of delivering the return-remittance notice to
the remitters, shall be turned over to the state treasury.

   Article 25. In posting and delivering postal materials, postal codes shall be adopted gradually, and specific pertinent
measures shall be formulated by the competent department of postal services under the State Council.

CHAPTER V TRANSPORTATION, CUSTOMS EXAMINATION AND QUARANTINE INSPECTION OF POSTAL MATERIALS

   Article 26. Transportation units operating railways, highways, waterways and airlines shall all have the responsibility of
carrying and transporting postal materials, and shall ensure priority to transporting postal materials at preferential
freight charges.

   Article 27. When postal enterprises transfer postal materials in railway stations, airports and ports, transportation units
concerned shall make coordinated arrangement of space and in-and-out passageways for loading and unloading postal materials.

   Article 28. Ships with special postal marks, postal vans and postal staff shall be given priority in entering and departing ports and
crossing on ferries. Postal vehicles with special postal marks which need to pass through a lane closed to traffic
or to stop in no-parking sections of the road shall be verified and approved by the competent department concerned for passing
or parking.

   Article 29. When transported by sea, postal materials shall not be included in arrangements for sharing common sea losses.

   Article 30. Postal enterprises shall not post or deliver international postal articles that are not examined and allowed to pass
by the Customs. The Customs shall supervise the entry and exit, opening, sealing and dispatching of international
mail bags. Postal enterprises shall inform the Customs of their business hours in advance, and the Customs shall promptly
send officials to supervise on-the-spot checking and examination.

   Article 31. Postal materials that are subject to health and quarantine inspections or animal and plant quarantine inspections according
to law shall be sorted out and quarantined under the charge of quarantine offices; no transportation and delivery shall
be conducted by postal enterprises without a permit from a quarantine office.

CHAPTER VI COMPENSATION FOR LOSSES

   Article 32. Users may present receipts and inquire, within one year counting from the date of the posting or remitting, about vouchered
postal materials and remittances which they handed in for posting or remitting at the postal enterprises or their
branch offices that took in the postal materials or accepted the remittances. Postal enterprises or branch offices shall
inform inquirers of the results of inquiry within the time limit set by the competent department of postal services
under the State Council.

If no result is found within the time limit for responding to the inquiry, postal enterprises shall make compensation
first or take remedial measures. Within a year counting from the date of making such compensation, if it is ascertained
that the circumstance for which the compensation was made conforms with either item 2 or item 3 of Article 34 of
this Law, the postal enterprises shall have the right to recall the compensation.

   Article 33. For losses, damage, destruction or missing contents of vouchered postal materials, postal enterprises shall make
compensation or take remedial measures according to the following stipulations:

(1) For registered mail, compensation shall be made according to standard amounts formulated by the competent department
of postal services under the State Council.

(2) For insured postal materials which are lost or totally damaged or destroyed, compensation shall be made
according to the insurance coverage. For missing contents or partial damage or destruction of insured postal materials,
compensation shall be made according to the actual losses of the postal materials, based on the ratio between the insurance
coverage and the whole value of the postal materials.

(3) For uninsured postal parcels, compensation shall be made according to the actual damages due to loss
of such postal parcels, but the maximum compensation shall not exceed the amount formulated by the competent department
of postal services under the State Council.

(4) For other types of vouchered postal materials, compensation shall be made or remedial measures taken according
to the measures provided for by the competent department of postal services under the State Council.

   Article 34. Postal enterprises shall not be held liable for compensation, if one of the following situations occurs:

(1) losses of ordinary postal materials;

(2) losses of vouchered postal materials caused by the user or due to some characteristic of the posted articles per se;

(3) losses of vouchered postal materials, other than postal remittances and insured postal materials caused by force
majeure; and

(4) users failing to inquire about or demand compensation at the end of one year, counting from the date of handing in
or posting the vouchered postal materials or making the remittance.

   Article 35. If disputes over compensation for losses occur between users and postal enterprises, users may request the competent department
of postal services of higher levels to settle; users who refuse to accept the settlement thereof may file lawsuits with
the people’s court; users may also file lawsuits with the people’s court directly.

CHAPTER VII PENALTY PROVISIONS

   Article 36. Persons who infringe upon the citizens’ right to freedom of correspondence by concealing, destroying, discarding or illegally
opening mail of another person, where circumstances are serious, shall be investigated for criminal liability
according to the provisions of Article 149 of the Criminal Law of the People’s Republic of China, and those whose acts
are not serious enough for criminal punishment shall be punished according to the provisions of Article 22 of Regulations
of the People’s Republic of China on Administrative Penalties for Public Security.

   Article 37. Postal personnel who without permission open or conceal, destroy or discard postal materials shall be investigated
for criminal liability in accordance with Paragraph 1 in Article 191 of the Criminal Law of the People’s Republic of China.

Those who commit the crime specified in the preceding provision and also steal property therein shall be given a heavier
punishment for the crime of embezzlement in accordance with Paragraph 2 in Article 191 of the Criminal Law of the People’s
Republic of China.

   Article 38. Persons who intentionally damage or destroy public postal facilities such as mailboxes, where such acts are not serious
enough for criminal punishment, shall be punished in accordance with the provisions of Article 25 of Regulations
of the People’s Republic of China on Administrative Penalties for Public Security, and where circumstances are
serious, such persons shall be investigated for criminal liability in accordance with the provisions of Article
156 of the Criminal Law of the People’s Republic of China.

   Article 39. Postal personnel who refuse to handle the postal businesses which should be handled according to law or who intentionally
delay the delivery of postal materials shall be given administrative disciplinary sanction. Postal Postal personnel
who are derelict in their duties and bring about great loss to public property and the interests of the state and
the people shall be investigated for criminal liability in accordance with the provisions of Article 187 of
the Criminal Law of the People’s Republic of China.

   Article 40. Persons who, in violation of provisions of Article 8 of this Law, handle the business of posting and delivering
mail or articles with characteristics of mail shall be ordered by industrial and commercial administrative authorities
to return the mail and other articles and the postal fees they have obtained from the senders, and a fine shall be
imposed on them.

Parties concerned who refuse to obey the decision of punishment may bring suits to the people’s court within 15 days
of receiving the penalty notice. If parties concerned neither bring suits to the people’s court nor implement the
decision after such time limit expires, the industrial and commercial administrative authorities shall apply to the people’s
court for mandatory enforcement.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 41. The meanings of the following terms used in this Law are:

(1) postal materials: referring to mail, printed matter, postal parcels, money orders, newspapers, periodicals, etc.
posted and delivered by postal enterprises.

(2) mail: referring to letters and postcards.

(3) ordinary postal materials: referring to the postal materials that postal enterprises and their branch
offices do not issue receipts for upon acceptance and posting, and do not request recipients to sign for on delivery.

(4) vouchered postal materials: referring to postal materials such as registered mail, postal parcels, insured postal
materials, etc. that the postal enterprises and their branch offices issue receipts for upon acceptance and posting,
and for which recipients are requested to sign on delivery.

(5) international postal articles: referring to printed matter and postal parcels posted and delivered between users
of the People’s Republic of China and users of foreign countries or regions.

(6) special postal articles: referring to postal date-marks, postal tongs for lead sealing and postal bags.

   Article 42. If provisions of this Law contravene those of the international treaties concerning international postal affairs
which the People’s Republic of China has concluded or to which China is a party, the provisions of the international
treaties concerned shall prevail, with the exception of the treaty clauses on which the People’s Republic of China has declared
reservations.

   Article 43. The competent department of postal services 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 44. This Law shall go into effect on January 1, 1987.

    






PROVISIONAL MEASURES OF THE PEOPLE’S BANK OF CHINA GOVERNING THE ISSUE OF FOREIGN EXCHANGE GUARANTEE BY RESIDENT INSTITUTIONS IN CHINA

MEASURES ON ADMINISTRATION OF THE SUBSTITUTION OF MACHINERY AND ELECTRICAL APPLIANCES MANUFACTURED BY CHINESE-FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS

19871007The State Council20011006

The State Economic Commission

Measures on Administration of the Substitution of Machinery and Electrical Appliances Manufactured by Chinese-foreign Equity Joint
Ventures and Chinese-foreign Contractual Joint Ventures for Similar Imported Products

the State Economic Commission

October 7, 1987

Article 1

These Measures are formulated in accordance with the pertinent provisions in Measures for the Substitution of Products Manufactured
by Chinese-foreign Equity Joint Ventures and Chinese-foreign Contractual Joint Ventures for Similar Imported Products, approved by
the State Council and promulgated by the State Planning Commission.

Article 2

Enterprises which satisfy the following conditions may make an application for the inclusion of their products in the Catalogue of
the Substitution of Home-made Machinery and Electrical Appliances for Similar Imported Products (hereinafter referred to as the “Catalogue”):

(1)

Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures (hereinafter referred to as “the enterprises”),
which are capable of providing advanced technology that satisfies domestic needs, and are engaged in the development of new products,
thereby realizing the upgrading of products and the replacement of old products with new ones, but which are at present confronted
with the temporary difficulties of an imbalance in foreign exchange and are badly in need of support;

(2)

the machinery and electrical appliances manufactured by the enterprises are the same in performance and quality as similar products
produced in foreign countries, they can satisfy the needs of domestic users, and their prices (the prices after taxation) are no
higher than the prices of similar imported products produced abroad;

(3)

the machinery and electrical appliances manufactured by the enterprises are in the categories that the domestic users want to import;

(4)

the enterprises execute their obligations to export products in accordance with the approved contracts.

Article 3

Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures, which apply for the substitution of their products
for similar imported foreign goods, shall prove by an ample demonstration and appraise the feasibility of substituting their products
for similar imported ones at the time when they submit their feasibility studies report for examination and approval.

Article 4

After the enterprises have gone into production, if their products are in conformity with the stipulations of Article 2 mentioned
above and they request to have their products included in the State catalogue of the substitution of home-made products for similar
imported ones, the enterprises shall make an application to the department concerned, and submit duplicates of the application separately
to the State Economic Commission, the Ministry of Foreign Economic Relations and Trade, and the local economic commission. The application
shall be accompanied with an application form for the substitution of home-made machinery and electrical appliances for similar imported
products, a certification document testifying to the quality of the products, and report on market demand projection for the said
products; and the application shall be examined and verified by the department concerned which shall, after affixing its comments
and seal to the application, transmit the application to the State Economic Commission and the State Administration of Foreign Exchange
Control for examination and approval. Generally, the period of time for the examination and approval shall not exceed two months,
and the approved items shall be promulgated by the State Economic Commission for execution.

Article 5

The users who need the products listed in the Catalogue may place an order directly with the enterprises, or the China Bidding Center
for Machinery and Electrical Equipment (or other bidding agencies authorized by the State Economic Commission) shall, in accordance
with the pertinent provisions promulgated by the State, organize bidding, thus providing advice to users for purchasing home-made
products to substitute for similar imported ones.

Article 6

Enterprises which sell machinery and electrical appliances listed in the State catalogue of the substitution of home-made products
for similar imported goods may, with the approval of the administration of foreign exchange control, collect part of the payment
for goods in foreign exchange, and the amount shall decrease progressively in accordance with the rate of progress for the replacement
of imported products with home-made ones, specified in the contract or feasibility studies report.

Article 7

The bulk parts, spare parts, components, fittings and raw materials, which the enterprises need for the production of machinery and
electrical appliances listed in the State catalogue of the substitution of home-made products for similar imported goods, may be
considered as bonded goods and be placed under the surveillance of the Customs. Where the users enjoy the preferential treatment
of reduction of or exemption from duties when they import the aforesaid machinery and electrical appliances directly from abroad,
the enterprises shall enjoy the same preferential treatment of reduction of or exemption from duties when they import the said raw
materials, spare parts and components to produce similar machinery and electrical appliances and sell them to the said users.

Article 8

The right to interpret these Measures shall reside in the State Economic Commission.

Article 9

These Measures shall enter into force as of the date of promulgation.

Attachment:The Catalogues of the First Lot of Machinery and Electrical Appliances Used in Substituting for Similar Imported Products and Promulgated
Simultaneously by the State Economic Commission

The first is SPECTRUM – the control system of the centralized/decentralized type (including field input/output installations, each
station 1024 BIT data collecting set, sequence control, programming control set, CRT operating station, industrial controller), the
enterprise that produces these products is the Shanghai Fawkes-Polo Co. Ltd.;

The second is MICONIC – B elevator (rated speed 1.6 M/S, carrying capacity 1,000 KG), the enterprise that produces this product is
the Shanghai Elevators Factory of the China Schindler Elevators Company.



 
The State Economic Commission
1987-10-07

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER THE CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE’S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1987-06-23 Effective Date  1987-06-23  


Decision of the Standing Committee of the National People’s Congress on Exercising Criminal Jurisdiction Over the Crimes Prescribed
in the International Treaties to Which the People’s Republic of China Is a Party or Has Acceded


Appendices:  The Relevant Clauses of the International Conventions

(Adopted at the 21st Meeting of the standing Committee of the Sixth

national People’s Congress on June 23, 1987)

    The 21st Meeting of the Standing Committee of the Sixth National People’s
Congress resolves that the People’s Republic of China shall, within the scope
of its treaty obligations, exercise criminal jurisdiction over crimes
prescribed in the international treaties to which the People’s Republic of
China is a party or has acceded.
Appendices:  The Relevant Clauses of the International Conventions

    I.  Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons, Including Diplomatic Agents

    The second paragraph of Article 3:

    “Each State Party shall likewise take such measures as may be necessary
to establish its jurisdiction over these crimes in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article.”

    Article 7:

    “The State Party in whose territory the alleged offender is present shall,
if it does not extradite him, submit, without exception whatsoever and without
undue delay, the case to its competent authorities for the purpose of
prosecution, through proceedings in accordance with the laws of that State.”

    II.  Convention for the Suppression of Unlawful Seizure of Aircraft

    The second paragraph of Article 4:

    “Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offence in the case where the
alleged offender is present in its territory and it does not extradite him
pursuant to Article 8 to any of the States mentioned in paragraph 1 of this
Article.”

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    “Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State.”

    III.  Convention for the Suppression of Unlawful Acts Against the Safety
of Civil Aviation

    The second paragraph of Article 5:

    “Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offences mentioned in Article
1, paragraph 1 (a), (b) and (c), and in Article 1 , paragraph 2, in so far as
that paragraph relates to those offences, in the case where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article.”

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    “Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State.”

    IV.  The Convention on the Physical Protection of Nuclear Material

    The second paragaph of Article 8:

    “Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over these offences in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 11 to any of the States mentioned in paragraph 1.”

    V.  International Convention Against the Taking of Hostages

    The second paragraph of Article 5:

    “Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over the offences set forth in Article 1 in cases
where the alleged offender is present in its territory and it does not
extradite him to any of the States mentioned in paragraph 1 of this Article.”

    The first paragraph of Article 8:

    “The State Party in the territory of which the alleged offender is found
shall, if it does not extradite him, be obliged, without exception whatsoever
and whether or not the offence was committed in its territory, to submit the
case to its competent authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State. Those authorities shall
take their decision in the same manner as in the case of any ordinary offence
of a grave nature under the law of that State.”






OFFICIAL REPLY OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING TAX POLICIES IN THE ENFORCEMENT OF THE PROVISIONS OF THE STATE COUNCIL ON ENCOURAGING FOREIGN INVESTMENT (EXCERPT)

The Ministry of Finance and the State Administration of Taxation

Official Reply of the Ministry of Finance and the State Administration of Taxation Concerning Tax Policies in the Enforcement of the
Provisions of the State Council on Encouraging Foreign Investment (Excerpt)

CaiShuiWaiZi [1987] No.118

January 1, 1987

With regard to preferential tax treatment accorded by the Article 22 to export-oriented enterprises with foreign investment, the
Ministry of Foreign Economic Relations and Trade promulgated specific measures on January 5 of this year by WaiJingMaoZiZongZi [87]
No.1, which stipulate an enterprise with foreign investment may not be recognized as export-oriented enterprises unless three conditions
are simultaneously met. First, it must be an enterprise that produces products for export. Second, its products are mainly for export
and the annual value of exported products must constitute over 50 percent of its total production value in the same year. Third,
foreign exchange income and expenses in the same year must be in balance or surplus. It was also stipulated that a recognized export-oriented
enterprise may not enjoy the preferential tax treatment accorded by Article 22 unless the value of its exported products reaches
over 70 percent of its total production value in the same year and qualify annual review.

Therefore, though the income tax of remitted profits that has been exempted and corporate income tax that has been deducted by half
in the same year must be refunded if the enterprise fails to meet in the annual review all the three conditions for export-oriented
enterprises.



 
The Ministry of Finance and the State Administration of Taxation
1987-01-01

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...