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Home China Laws 1996

1996

RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW

Category  POSTS AND TELECOMMUNICATIONS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-11-12 Effective Date  1990-11-12  


Rules for the Implementation of the Postal Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  The Establishment of Postal Enterprises and Postal
Chapter III  Categories of Postal Business
Chapter IV  Postal Rates of Postal Services and Postage Certificates
Chapter V  The Posting and Delivery of Postal Materials and the
Chapter VI  The Transportation, Customs Examination and Quarantine
Chapter Vll  Penalty Provisions
Chapter VIII  Supplementary Provisions

(Promulgated by Decree No. 65 of the State Council of the People’s

Republic of China on November 12, 1990, and effective as of the date of
promulgation)
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the Postal Law of
the People’s Republic of China (hereinafter referred to as the Postal Law).

    Article 2  The Ministry of Post and Telecommunications of the People’s
Republic of China (hereinafter referred to as the Ministry of Post and
Telecommunications) shall be the competent department of postal services under
the State Council and shall administer postal services throughout the country.

    The administrative bureaus of post and telecommunications of various
provinces, autonomous regions, and municipalities directly under the Central
Government (hereinafter referred to as the administrative bureaus of post and
telecommunications) shall be the regional administrative organs of postal
services, which shall administer postal services of respective regions.

    Article 3  The municipality or county bureaus of post and
telecommunications (including the post offices, – the same below) shall be
public enterprises owned by the whole people that operate postal business
(hereinafter referred to as “Postal enterprises”), and, after being
authorized by the administrative bureaus of post and telecommunications, shall
be responsible for the administration of postal services of the respective
localities.

    The branch post and telecommunications bureaus, the post and
telecommunications offices, the branch post bureaus, and the postal offices
shall be the branch offices that handle postal business (hereinafter referred
to as “the branch office”); the postal kiosks and newspaper and periodical
stands shall be the service points of postal enterprises.

    The post and telecommunications agencies shall be considered as branch
offices of postal enterprises.

    Article 4  Without the entrustment by the postal enterprises, no unit or
individual may operate posting and delivery of letters, postcards or other
articles with characteristics of mail, except as otherwise provided by the
State Council.

    The letters refer to those carriers which transmit information by using
sealed envelopes. The other articles with characteristics of mail refer to
those carriers which transmit information by using such forms as symbols,
images, or sounds. The specific contents thereof shall be stipulated by the
Ministry of Post and Telecommunications.

    Article 5  In case that a postal enterprise entrusts other units or
individuals with the handling of postal business, they shall reach an
agreement through consultation and sign entrustment contracts.

    Article 6  All units and individuals that make use of the postal services
of China shall be generally called postal users (hereinafter referred to as
users).

    Article 7  A postal enterprise shall provide users with fast, accurate,
safe and convenient postal services, and protect the lawful rights and
interests of users in making use of postal services.

    Any unit or individual shall have the obligations to protect freedom and
privacy of correspondence, and the safety of postal materials; no unit or
individual may use postal services for activities forbidden by laws,
regulations and policies.

    In the course of transportation and delivery of postal materials, no unit
or individual shall inspect or detain the postal materials under any pretext,
except when the inspectation of correspondence according to law by public
security organs, state security organs, or procuratorial organs is necessary
for the state security or the investigation of criminal offences.

    Article 8  In the event that a public security organ, a state security
organ, or a procuratorial organ inspects or detains postal materials or
freezes remittances or savings deposits out of the necessity for the state
security or the investigation of a criminal offence, it is imperative for the
aforesaid organs to issue according to law notifications of the relevant
inspection, detention, or freezing to the postal enterprise or the
administrative bureau of post and telecommunications concerned at or above the
county level, and to make out a list of the specific items of postal
materials, remittances, or savings deposits; after going through the
procedures for inspection, detention or freezing, the postal enterprise shall
appoint specially-designated persons to be responsible for sorting out the
items in question, register them one by one, and then go through the hand-over
procedures; with respect to those postal materials, remittances or savings
deposits which need no further inspection, detention or freezing, or which
have been proved through investigation to have nothing to do with the case
concerned, they shall be returned to the postal enterprise without delay. In
case that in the course of inspection, detention or freezing the postal
materials, remittances or savings deposits are lost or damaged, the relevant
public security, state security, or procuratorial organ shall be responsible
for compensation.

    Article 9  In case that a people’s court, or a procuratorial organ
confiscates domestic postal materials, remittances or savings deposits, it
must present relevant legal documents, and go through the relevant procedures
with the postal enterprise and administrative bureau of post and
telecommunications at or above the county level. The decision on the
confiscation of incoming or outgoing international postal articles shall be
made by the Customs, which shall also complete the relevant procedures.

    Article 10  In case that a unit concerned has the necessity to collect or
obtain evidence or consult the postal business archives, according to law,
it must obtain a written certificate issued by the public security organ, the
state security organ, the procuratorial organ, or the people’s court, in the
place where the postal enterprise concerned is 1ocated, make a list of the
specific items of postal materials, and then go through the relevant
procedures with the postal enterprise and the administrative bureau of post
and telecommunications at or above the county level.

    Article 11  No unit or individual may commit the following acts that
hamper the normal operations of postal services:

    (1) to damage postal installations;

    (2) to set up stalls or to stack up things in front of the entrance to, or
in the in-and-out passage ways of postal enterprises or their branch offices,
thereby hampering users to make use of postal services or blocking the passage
of postal vehicles;

    (3) to make trouble willfully or disturb the normal order at the sites
where postal business is conducted;

    (4) to hamper postal staff from executing their duties according to law,
or to seek a quarrel;

    (5) to intercept postal means of transport, to hamper illegally the
transportation and delivery of postal materials, or force their way to get on
postal means of transport;

    (6) to inspect or detain postal materials illegally;

    (7) to commit other acts that hamper the postal enterprises or their
branch offices or postal staff from performing their normal work.
Chapter II  The Establishment of Postal Enterprises and Postal
Installations

    Article 12  The standards for the establishment of postal enterprises and
their branch offices shall be stipulated by the Ministry of Post and
Telecommnunications; the establishment and abolition of post enterprises shall
be approved by the Ministry of Post and Telecommunications; the establishment
and abolition of branch offices shall be approved by the administrative
bureaus of post and telecommunications and be reported to the Ministry of Post
and Telecommunications for the record.

    Article 13  The local people’s governments at various levels shall
incorporate the establishment of postal enterprises and their branch offices
as well as the construction of various postal installations into their urban
and rural construction plans.

    Article 14  While constructing new districts in cities, isolated
industrial and mining areas and residential districts, as well as transforming
large expanse of old urban districts, the planning and establishment of the
matching postal enterprises and their branch offices as well as the various
postal installations shall be carried out simultaneously.

    Article 15  When postal enterprises establish postal kiosks, newspaper and
periodical stands, pillar boxes, mail boxes or conduct mobile services
according to law, the units and individuals concerned shall provide
conveniences.

    Article 16  Letter and newspaper boxes for receiving postal materials are
the matching facilities in residential buildings, and designing units shall
include them in the standard designs of the construction of residential
buildings.

    Every construction unit of a residential building shall be installed, on
the ground floor, with letter and newspaper boxes corresponding to the room
numbers of the residents; or letter and newspaper boxes shall be installed in
a place or room with easy access in the midst of buildings, for the residents
to receive postal materials.

    The property right owners of residential buildings, or the administrative
units shall be responsible for the maintenance and change of letter and
newspaper boxes; the maintenance and change of letter and newspaper boxes may
also entrusted to the local postal enterprises or their branch offices, and
the expenses necessary for labour and materials shall be paid by the
entrusting units.

    Article 17  Places for handling postal business, conveniently accessible
to passengers, shall be provided in relatively larger railway stations,
airports, ports and hotels; the postal enterprises shall provide various
postal services.

    Article 18  Any unit that, for the needs of construction, requisitions,
demolishes or removes a postal enterprise and its branch offices or the postal
installations shall consult with the local postal enterprise; and, under the
condition that the normal operations of postal correspondence are guaranteed,
the said unit shall remove the postal enterprise and its branch offices as
well as the postal installations to a proper place, or rebuild them, and the
expenses thus entailed shall be borne by the unit that conducts the
requisition, demolition and removing.
Chapter III  Categories of Postal Business

    Article 19  Postal enterprises shall handle the posting and delivery of
domestic and international postal materials as well as the express delivery of
postal materials.

    Domestic postal materials refer to the postal materials exchanged within
the territory of the People’s Republic of China; those posted to or from the
regions of Hong Kong, Macao, and Taiwan are called postal materials of the
regions of Hong Kong, Macao and Taiwan; international postal materials refer
to the postal materials exchanged between the People’s Republic of China and
other countries or regions, and postal materials transmitted by way of the
territory of China.

    Article 20  Distribution business of domestic newspapers and magazines
refers to the business of distributing newspapers and magazines entrusted by
newspaper and magazine offices to the postal enterprises.

    Article 21  When newspaper and magazine offices entrust the postal
enterprises with the distribution of newspapers and magazines, they shall, in
accordance with the scope of the distribution of newspapers and magazines,
present to the appointed postal enterprises or the bureaus for distribution of
postal newspapers and magazines, certifications of having obtanied the
approval for publication by the competent department concerned and the
registration certificate for newspapers and periodicals. The postal
enterprises, which have the capacity for handling distribution business, shall
sign contracts for the distribution of newspapers and magazines with the
newspaper and magazine offices concerned in accordancc with the pertinent
provisions of the State, and in conformity with the principles of equality and
mutual benefit, of achieving unanimity through consultation, and of equal
prices and non-gratuitousness.

    Article 22  Postal savings and postal remittances, which are financial
businesses handled by postal enterprises for the purpose of accumulating funds
for the State and facilitating economic transactions, shall be under the
unified administration of the Ministry of Post and Telecommunications and
shall, in accordance with the pertinent provisions of the State, accept the
guidance of the People’s Bank of China in financial businesses. All relevant
banks shall provide conveniences for the businesses of postal savings and
postal remittances conducted by the postal enterprises.

    Article 23  The specific categories of postal businesses and the
classification of postal materials shall be stipulated by the Ministry of Post
and Telecommunications.
Chapter IV  Postal Rates of Postal Services and Postage Certificates

    Article 24  The basic postal rates of postal services refer to the postal
rates for the domestic ordinary letters and postcards; the non-basic postal
rates refer to the postal rates of postal services other than the basic postal
rates.

    The basic postal rates of postal services shall be stipulated by the
competent department for the administration of commodity prices under thc
State Council, and then be submitted to the State Council for approval; the
non-basic postal rates shall be stipulated by the Ministry of Post and
Telecommunications.

    Article 25  The basis for the formulation and adjustment of postal rates
of postal services shall be follows:

    (1) to meet the social needs, on the condition that the cost expenses of
enterprises of postal correspondence and their capacity for development are
guaranteed;

    (2) to adjust postal rates of domestic postal services in the light of the
changes in defrayment;

    (3) to adjust postal rates of international postal sevices in accordance
with the provisions of the Universal Postal Union, the international and
domestic cost expenses, and the changes in exchange rates for Renminbi (RMB).

    Article 26  Postage certificates issued by the Ministry of Post and
Telecommunications and used as securities indicating that the charges or fees
for postal materials have already been paid shall include postage stamps, the
postage stamp patterns printed on stamped envelopes, stamped postcards,
stamped aerograms, and the “postage-paid” marking printed with a checking
machine.

    Article 27  The international reply-coupons issued by the Universal Postal
Union may, in accordance with the international unified provisions, be
converted into postage stamps equal to a specific category of postal rates for
a specific class of weight; however, such international reply-coupons shall
not be converted into cash.

    Article 28  Where the making of facsimiles of stamp patterns is
necessitated by work, it must be submitted, in accordance with the pertinent
provisions for the making of facsimiles of postage stamp patterns, to the
competent department for postage stamps under the Ministry of Post and
Telecommunications, or to the administrative bureau of post and
telecommunications concerned, for examination and approval.

    No printing unit may undertake the printing of unapproved facsimiles of
stamp patterns or matters similar to postage stamps.

    Article 29  Envelopes to be printed for use in correspondence must conform
to the standards stipulated by the State, and the printing of such envelopes
shall be supervised by the local administrative bureaus of post and
telecommunications.

    Article 30  Postcards to be printed must conform with the specification
standards stipulated by the Ministry of Post and Telecommunications.

    Postal enterprises at or above the county level may, with the approval of
the administrative bureaus of post and telecommunications, print and
distribute postcards with the inscription: “The People’s Postal Service of
China” printed on them; if the printing of postcards is conducted by other
units, the printing operation shall be under the supervision of the local
administative bureaus of post and telecommunications, but the postcards shall
not carry the inscription “The People’s Postal Service of China”.
Chapter V  The Posting and Delivery of Postal Materials and the
Compensation for Losses

    Article 31  Ordinary letters to be sent by compulsory service-men from
places where they are stationed shall be posted and delivered free of charge,
but other armymen shall not post letters free of charge. Measures for the
administration of affairs concerning the posting and delivery of ordinary
letters by compulsory service-men shall be formulated by the Ministry of Post
and Telecommunications in conjunction with the department concerned of the
Chinese People’s Liberation Army.

    Article 32  Users shall, in handling in or posting postal materials,
comply with the provisions stipulated by the Ministry of Post and
Telecommunications concerning the contents of postal materials, the
specifications for packaging and sealing, the writing forms, and the correct
writing of postcodes; especially the envelopes used by users for letters to be
posted must meet the standards stipulated by the State; the surface or cover
of postal materials and also the vouchers of postal services shall not be
printed (written) or stuck with any words or any other objects which have
nothing to do with the postal materials; the facade of postage certificates
shall not be smeared, or covered with any other objects; no forged,
facsimiled, cut and pieced together, or processed for decontamination postal
certificates may be used.

    Article 33  It shall be forbidden to post and deliver or to insert in
postal materials the following objects:

    (1) articles forbidden by law to be put in circulation or to be posted and
delivered;

    (2) reactionary newspapers, magazines, and propaganda materials, or
pornographic articles;

    (3) explosive, combustible, corrosive, radioactive, poisonous, or any
other dangerous articles;

    (4) articles that are harmful to public sanitation;

    (5) perishables;

    (6) various species of live animals;

    (7) various currencies;

    (8) articles that are not fit for delivery by post;

    (9) articles that are not properly packed so that they might jeopardize
personal safety, or contaminate or damage other postal materials or equipment.

    The articles mentioned in the preceding paragraph, which meet the
provisions of the Ministry of Post and Telecommunications for delivery with
special approval, may be accepted and posted on the condition that safety is
guaranteed.

    Article 34  Articles to be posted and delivered in the country with
restricted quantities shall be stipulated by the Ministry of Post and
Telecommunications in conjunction with the departments concerned under the
State Council.

    Article 35  With respect to articles posted or delivered in violation of
the pertinent provisions for forbidding or restricting their posting and
delivery, the postal enterprises or their branch offices shall, in accordance
with their categories, natures, or quantities, handle them respectively in the
following ways:

    (1) to withdraw the articles in question from delivery;

    (2) to notify the sender to take back the articles within a prescribed
period of time, and, if the sender fails to do so when the prescribed time
limit expires, the said articles shall be disposed of right on the spot;

    (3) to transfer the articles to the department concerned to be disposed of
according to law;

    (4) with respect to articles which have jeopardized personal safety, or
have contaminated or damaged other postal materials, the sender shall hold the
liability for compensation.

    The expenses entailed from the handling of the cases mentioned in items
(2) and (3) in the preceding paragraph shall be borne by the sender.

    Article 36  With respect to newly-established enterprises or institutions,
or newly-built residential buildings, the units concerned or the competent
departments of residential buildings shall go through the registration
procedures for the delivery of postal materials with the local postal
enterprises or their branch offices; in the event that a unit is to change its
name, or a recipient is to change his/her address, it/he/she shall notify the
local postal enterprise or its branch office of the change in advance, or go
through the procedures for the change to a new address of the recipient. The
postal enterprise shall make known to the public the place for registration
and the telephone number.

    The postal enterprises concerned or their branch offices shall permit
units or individuals with following the conditions to go through the
procedures for registration, and shall within 90 days from the date of
registration, make arrangements for delivery:

    (1) possessing the conditions for passage of postal vehicles and postal
staff to execute their duties;

    (2) having the house numbers arranged in a unified way by the public
security organs;

    (3) having installed letter and newspaper boxes or having set up offices
for incoming and outgoing mail; or

    (4) having completed due formalities where procedures for registration of
both the Chinese and foreign names are required according to relevant
regulations.

    Article 37  Postal materials shall be delivered in the following ways,
except as otherwise provided by the Ministry of Post and Telecommunications:

    (1) delivery by address:

    Postal materials of urban and rural residents shall be delivered in
accordance with the addresses of the recipients to the mailboxes or to the
offices for incoming and outgoing mail installed at the entrances to the
courtyards of single-storey houses or on the ground floors of the storeyed
buildings. Postal materials of units, of the affiliated institutions to the
units and individuals of the units, as well as of users living in the
dormitories within the courtyards shall be delivered to the offices for
incoming and outgoing mail of the units. The office for incoming and outgoing
mail shall be set up on the ground floor of storeyed building; if two or more
separate units share a same place, they shall decide through consultation on a
single site for receiving postal materials in a unified way. If it is necessary
to deliver postal materials and newspapers and magazines upstairs, the users
shall consult with the postal enterprise concerned or its branch office, and,
in accordance with pertinent provisions, pay charges for such special services.

    Postal materials of the rural and pastoral areas shall, in the light of
specific conditions of communications and the quantities of postal materials,
be delivered generally to a fixed place at a township or an administrative
village; with respect to postal materials of places under a township or an
administrative village, the people’s government of the township or the
villagers committee shall consult with the postal enterprise concerned or its
branch office to find a proper way of delivering postal materials to the
recipients.

    Postal materials to be delivered to vessels shall be delivered to the
office for incoming and outgoing mail of a department to which the said
vessels are subordinate.

    (2) collection by users:

    Postal materials that must be collected by going through the procedures
with the postal enterprise or its branch office by presenting the written
notice for receiving them, postal materials addressed to the number of a post
office box (a mailbox used exclusively by a particular user), postal materials
deposited at the post office for collection, postal materials which have
exceeded the prescribed weight for delivery by address and postal materials in
a large quantity shall be collected by users.

    Article 38  In case that recipients receive vouchered postal materials, or
remittees receive remittances, they shall present their valid certifying
documents to the postal enterprise concerned or to its branch office, and
shall also affix their seals to, or sign their names on, the relevant vouchers.

    In case that an acting recipient is entrusted, by a recipient (or by a
remittee), with the receiving of vouchered postal materials (or remittances),
the said acting recipient shall present the valid certifying documents of the
recipient (or the remittee) and of the acting recipient; and, after the postal
enterprise, or its branch office, has verified and confirmed the documents,
the acting recipient shall receive the postal materials (or remittances) by
affixing his/her seal to, or signing his/her name on, the relevant voucher.

    The valid certifying documents shall include the resident’s identification
card, the residence booklet, and the employee’s card.

    Article 39  In the event that a recipient, in receiving vouchered postal
materials, has discovered that the wrapper (of postal materials) has been torn
or damaged, he/she shall announce this on the spot and check the contents. If
the shortage or danmage of the contents has been definitely caused by the
negligence of the postal enterprise or its branch office, or if the negligence
of the postal enterprise or its branch office has caused the loss or damage of
vouchered postal materials, the postal enterprise or its branch office shall
make compensation in accordance with the pertinent provisions. In the event
that the loss, damage of postal matters or shortage of contents has resulted
from the fault of the personnel in charge of the incoming and outgoing mail in
the recipient’s work unit, such personnel shall hold the prescribed liability
for compensation.                                    

    The specific requirements for the transportation and delivery of postal
materials shall be stipulated by the Ministry of Post and Telecommunications,
and shall be made known to the public. If the transportation and delivery of
postal materials have violated the provisions formulated by the Ministry of
Post and Telecommunications, the postal enterprise or its branch office
concerned shall make compensations to the users; and the specific measures
for making the compensation shall be stipulated by the Ministry of Post and
Telecommunications.

    Article 40&nb

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CONSULAR PRIVILEGES AND IMMUNITIES

Regulations of the People’s Republic of China Concerning Consular Privileges and Immunities

(Adopted at the 16th Meeting of the Standing Committee of the Seventh National People’s Congress on October 30, 1990
and promulgated by Order No.35 of the President of the People’s Republic of China on October 30, 1990) 

Article 1  These Regulations are formulated for the purpose of defining the consular privileges and immunities of the foreign
consular posts in China and their members and facilitating the efficient performance of the functions of such foreign consular posts
in their consular districts as representatives of the sending States. 

Article 2  Consular officers shall be of the nationality of the sending State. They may, only with the consent of the competent
Chinese authorities, be appointed from among persons of Chinese or third-state nationality or nationals of the sending State who
are permanent residents of China. This consent may be withdrawn at any time by the said Chinese authorities. 

Article 3  The consular post and its head shall have the right to use the national flag and emblem of the sending State on the
premises of the consular post, on the residence of the head of the consular post and on his means of transport when used on official
business. 

Article 4  The premises of the consular post shall be inviolable. Chinese government functionaries may enter them only with
the consent of the head of the consular post or the head of the diplomatic mission of the sending State or another person authorized
by either of them. The consent of the head of the consular post may be assumed in case of fire or other disaster requiring prompt
protective action. The Chinese authorities concerned shall take appropriate measures to protect the premises of the consular post
against any intrusion or damage. 

Article 5  The premises of the consular post and the residence of its head shall be exempt from dues and taxes other than such
as represent payment for specific services rendered. 

The fees and charges levied by the consular post in the course of its official duties shall be exempt from all dues and taxes. 

Article 6  The archives and documents of the consular post shall be inviolable. 

Article 7  The members of the consular post shall enjoy freedom of movement and travel within Chinese territory except for areas
the entry into which is prohibited or restricted by the regulations of the Chinese Government. 

Article 8  The consular post may for official purposes communicate freely with the Government and the diplomatic mission and
other consular posts of the sending State. In so doing, it may employ all appropriate means, including diplomatic couriers or consular
couriers, diplomatic bag or consular bag, and messages in code or cipher. 

Article 9  The consular post may install and use a wireless transmitter-receiver only with the consent of the Chinese Government.
The import of the above-mentioned equipment shall be subject to the relevant procedure prescribed by the Chinese Government. 

Article 10  The consular bag shall not be opened or detained. 

The consular bag may contain only official correspondence and documents or articles intended for official use and must be sealed
and bear visible external marks of its character. If the Chinese authorities concerned have serious reason to believe that the bag
contains something other than the above-mentioned objects, they may request that the bag be opened in the presence of personnel from
the Chinese authorities concerned by the consular officer or another person authorized by him. If this request is refused by the
consular officer, the bag shall be returned to its place of origin. 

Article 11  The consular courier must be of the nationality of the sending State and shall not be a permanent resident of China.
The consular courier must  be provided with a courier certificate issued by the competent authorities of the sending State.
He shall enjoy personal inviolability and shall not be liable to arrest or detention. 

Consular couriers ad hoc” must be provided with certificates of courier ad hoc” issued by the competent authorities of the sending
State, and shall enjoy the same immunities as the consular courier while charged with the carrying of the consular bag. 

A consular bag may be entrusted to the captain of a commercial aircraft or a commercial ship. He must be provided with an official
document issued by the consigner State indicating the number of packages constituting the bag, but he shall not be regarded as a
consular courier. By arrangement with the competent authorities of the appropriate Chinese local people’s government, the consular
post may send its members to receive the consular bag from the captain of the aircraft or of the ship or deliver it to him. 

Article 12  The person of a consular officer shall be inviolable. The Chinese authorities concerned shall take appropriate measures
to prevent any attack on his personal freedom and dignity. 

Consular officers shall not be liable to arrest or detention, except that the arrest or detention is executed in the case of a grave
crime and by following legal procedures. 

Consular officers shall not be committed to prison save in execution of a judicial decision of final effect. 

Article 13  The residence of a consular officer shall be inviolable. 

His papers and correspondence shall be inviolable. 

His property, except  as provided in Article 14 of these Regulations, shall be inviolable. 

Article 14  Consular officers and members of the administrative and technical  staff of the consular post shall enjoy immunity
from judicial and administrative jurisdiction in respect of acts performed in the exercise of their functions. Immunity from jurisdiction
of consular officers in respect of acts other than those performed in the exercise of their functions shall be accorded in accordance
with the bilateral treaties and agreements between China and other countries concerned or on the principle of reciprocity. 

Immunity from judicial jurisdiction enjoyed by consular officers and  members of the administrative  or  technical
staff of the consular post shall not apply to any of the following civil actions: 

(1) an action arising out of a contract not concluded expressly as an agent of the sending State;  

(2) an action  relating to private immovable property situated in the territory of China, unless  they hold it as an agent
of the sending State for the purposes of the consular post; 

(3) an action  relating to succession in which he is involved as a private person; or 

(4) an action for damages arising from an accident in China caused by a vehicle, vessel or aircraft. 

Article 15  Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative
proceedings, but shall be under no obligation to give testimony concerning matters connected with the exercise of their functions.
They are  enpost_titled to decline to give testimony as expert witnesses with regard to the law of the sending State. 

If  consular officers should decline to give testimony, no coercive measure or penalty may be applied to them. 

Members of the administrative or technical staff of the consular post and  members of the service staff shall not decline to
give testimony except in cases concerning matters connected with the exercise of their functions. 

Article 16  The immunity from jurisdiction enjoyed by the persons concerned specified in these Regulations may be waived through
explicit expression by the Government of the sending State. 

The initiation of proceedings by a person enjoying immunity from jurisdiction in accordance with the provisions of these Regulations
shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim. 

Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the
judgment, for which a separate and explicit waiver by the Government of the sending State shall be necessary. 

Article 17  Consular officers and members of the administrative or  technical staff of the consular post shall be exempt
from all dues and taxes, except: 

(1) dues and taxes of a kind which are normally incorporated in the price of goods or services; 

(2) dues or taxes on private immovable property situated in the territory of China, excepting  that used as the consular premises; 

(3) estate, succession or inheritance duties, except that movable property left in China by a deceased consular officer shall be
exempt therefrom; 

(4) dues and taxes on private income having its source in China; or 

(5) charges levied for specific services rendered.        

Members of the service staff of the consular post shall be exempt from dues and taxes on the wages which they receive for their service
in the consular post. 

Article 18  Members of the consular post shall be exempt from all personal and public services as well as military obligations. 

Consular officers and members of the administrative  or technical staff of the consular post shall be exempt from all obligations
under the laws and regulations of China in regard to the registration of aliens and residence permits. 

Article 19  Imported articles for the official use of the consular post, those for the personal use of  consular officers,
and those for the personal use of members of the administrative or technical staff of the consular post, including articles intended
for their establishment, imported within six months of the time of installation shall, in accordance with the relevant regulations
of the Chinese Government, be exempt from customs duties and all other related dues and taxes with the  exception of charges
for storage, cartage and similar services. 

Imported articles for the personal use of the consular officers and the members of the administrative or  technical staff of
the consular post referred to in the preceding paragraph shall not exceed the quantities necessary for their direct utilization. 

The personal baggage of a consular officer shall be exempt from inspection, unless the competent Chinese authorities have serious
reason to believe that it contains articles not within  the exemptions provided for in the first paragraph of this Article,
or articles the import or export of which is prohibited or controlled by Chinese laws and government regulations. Such inspection
shall be conducted in the presence of the consular officer or of his authorized representative. 

Article 20  The consular post and its members may carry firearms and bullets into or out of China for their personal use, subject
to the approval of the Chinese government and to its relevant regulations.  

Article 21  The spouse and  underage children of  consular officers, of  members of the administrative or technical
staff of the consular post, or of  members of the service staff of the consular post forming part of their respective households,
except those who are nationals of China or aliens permanently residing in China, shall respectively enjoy the privileges and immunities
accorded to the consular officers, the members of the administrative or technical staff of the consular post or the members of the
service staff of the consular post in accordance with the provisions of Articles 7, 17, 18, or 19 of these Regulations. 

Article 22  Consular officers who are nationals of China or aliens permanently residing in China shall enjoy the privileges
and immunities provided for in these Regulations only in respect of acts performed in the course of official duties. 

Members of the administrative or technical staff of the consular post and members of the service staff of the consular post who are
nationals of China or aliens permanently residing in China shall not enjoy the privileges and immunities provided for in these Regulations
except that they shall have no obligation to give evidence concerning matters connected with the exercise of their functions. 

Private attendants shall not enjoy the privileges and immunities provided for in these Regulations. 

Article 23  The following persons shall enjoy necessary immunity and inviolability during their transit through or sojourn in
China: 

(1) a consular officer stationed in a third State who passes through China together with his spouse and underage children forming
part of his household; and 

(2) a visiting foreign consular officer who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State
with which China has  an  agreement on the mutual exemption of visas. 

Article 24  Persons enjoying consular privileges and immunities under these Regulations shall: 

(1) respect Chinese laws and regulations; 

(2) not interfere in the internal affairs of China; and 

(3) not use the premises of the consular post and the residence of members of the consular post for purposes incompatible with the
exercise of  consular functions. 

Article 25 Consular officers shall not practise for personal profit any professional or commercial activity outside his official
functions on Chinese territory. 

Article 26  In case the consular privileges and immunities accorded by a foreign State to the Chinese consular post and its
members in that State and to transitting or visiting Chinese consular officers stationed in a third State are different from those
China would give under these Regulations to the consular post of that State and its members in China and its transitting or visiting
consular officers stationed in a third State, the Chinese Government may accord them such consular privileges and immunities as appropriate
on a reciprocal basis. 

Article 27  Where the international treaties to which China is a contracting or acceding party provide otherwise in respect
of consular privileges and immunities, such provisions   shall prevail, with the exception of those  on which China
has declared reservations. 

Where the bilateral treaties or agreements between China and other countries provide otherwise in respect of consular privileges
and immunities, such provisions  shall prevail. 

Article 28  For the purposes of these Regulations, the following expressions shall have the meanings hereunder assigned to them: 

(1) “consular post” means any consulate-general, consulate, vice-consulate or consular agency; 

(2) “consular district” means the area assigned to a consular post for the exercise of consular functions; 

(3) “head of consular post” means the consul-general, consul, vice-consul or consular agent charged by the sending State with the
duty of leading the consular post; 

(4) “consular officer” means the consul-general, vice-consul-general, consul,  vice-consul and consular attache or consular
agent; 

(5) “members of the administrative or technical staff of the consular post ” mean the members of the staff of the consular post engaged
in the administrative or technical work of the consular post; 

(6) “members of the service staff” mean the members of the staff of the consular post engaged in the domestic service of the consular
post; 

(7) “members of the consular post” mean consular officers, members of the administrative or  technical staff of the consular
post and members of the service staff of the consular post; 

(8) “private attendant” means an attendant in the private employment of a member of the consular post; 

(9) “consular premises” mean the buildings or parts of buildings and the land ancillary thereto used exclusively for the purposes
of the consular post; 

Article 29  These Regulations shall enter into force as of  the date of promulgation.

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






INTERIM PROVISIONS CONCERNING CONTRACT PERIOD OF CHINESE-FOREIGN EQUITY JOINT VENTURES

Category  FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-10-22 Effective Date  1990-10-22  


Interim Provisions Concerning Contract Period of Chinese-foreign Equity Joint Ventures



(Approved by the State Council on September 30, 1990 and promulgated by

the Ministry of Foreign Economic Relations and Trade of the People’s Republic
of China on October 22, 1990)

    Article 1  These Provisions are formulated in accordance with the
provisions of Article 12 of the Law of the People’s Republic of China on
Chinese-Foreign Equity Joint Ventures (Amended at the Third Session of the
Seventh National People’s Congress on April 4, 1990).

    Article 2  As regards the establishment of Chinese-foreign equity joint
ventures (hereinafter referred to as joint ventures), the parties to a joint
venture which is engaged in investment projects encouraged and permitted by the
Chinese government, except as stipulated in Article 3 of these Provisions, may
decide, through consultation, to or not to prescribe a contract period in the
contract.

    Article 3  As regards the establishment of joint ventures, the parties to a
joint venture, which falls under one of the following lines of business or one
of the following circumstances, shall prescribe in their contract, through
consultation, a contract period in accordance with the provisions of the
relevant laws and regulations of the state:

    (1) service trades, such as hotels, apartments, office buildings,
recreation and entertainment, catering trade, taxi service, development and
printing of colour films and photos, maintenance, business consultancy, etc.;

    (2) joint ventures engaged in land development and real estate;

    (3) joint ventures engaged in the prospecting and development of natural
resources;

    (4) joint ventures engaged in projects subject to investment restriction as
stipulated by the state;

    (5) joint ventures for which a contract period shall be decided, through
consultation, as prescribed by other laws and regulations of the state.

    Article 4  Joint ventures, the parties to which decide, through
consultation, not to prescribe a contract period in their contract, shall be
examined and approved in accordance with the state regulations concerning the
limits of powers and procedures for examination and approval. With the
exception of those joint ventures to be directly examined and approved by the
Ministry of Foreign Economic Relations and Trade, other examining and approving
authorities shall, report within 30 days, any such applications they have
examined and approved to the Mimistry of Foreign Economic Relations and Trade
for the record.

    Article 5  Joint ventures, the parties to which decide, through
consultation, not to prescribe a contract period in their contract, may enjoy
the preferential treatment of reduction of or exemption from taxes in
accordance with the state provisions concerning taxation and with the approval
of the tax authorities. In cases where the actual term of operation of these
joint ventures fails to reach the number of years set by the state for enjoying
the preferential treatment of taxation, the joint ventures concerned shall,
according to law, pay the taxes which have been exempted or reduced.

    Article 6  Joint ventures, whose establishment was approved before these
provisions become effective, shall operate in accordance with the approved
contract period stipulated in the contract. However, as regards a joint venture
which does not come under one of the circumstances specified in Article 3 of
these Provisions, in the event that the parties to the joint venture agree
unanimously to modify the stipulation in the contract concerning the contract
period, and to re-stipulate the joint venture as one without contract period,
the parties to the joint venture shall submit a report to justify such a
modification, sign an agreement on the modification of the contract, and apply
to the original examining and approving authorities for examination and
approval.

    The original examining and approving authorities shall, within 90 days as
of the date of receipt of the said application, decide to approve or disapprove
it. After obtaining the approval, the joint venture shall, in accordance with
the stipulations of Article 4 of these Provisions, go through the procedures
for the record.

    Article 7  These Provisions shall go into effect as of the date of
promulgation.?






REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW

Category  TECHNOLOGICAL CONTROL Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-04-06 Effective Date  1990-04-06  


Regulations for the Implementation of the Standardization Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II Administration of Standardization Work
Chapter III  The Formulation of Standards
Chapter IV  Implementation and Supervision Concerning Standards
Chapter V  Legal Liability
Chapter VI  Supplementary Provisions

(Promulgated by Decree No. 53 of the State Council of the People’s

Republic of China on April 6, 1990 and effective as of the date of
promulgation)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in accordance with the
provisions of the Standardization Law of the People’s Republic of China
(hereinafter referred to as the Standardization Law).

    Article 2  Standards should be formulated for the following technical
requirements that need to be unified:

    (1) varieties, specifications, quality and grades of industrial products
or requirements pertinent to safety and hygiene;

    (2) methods for design, production, experimentation, examination, packing,
storage, transportation and utilization of industrial products or requirements
pertinent to safety and hygiene in the course of production, storage and
transportation;

    (3) various technical requirements and methods for examination concerning
environmental protection;

    (4) technical requirements and methods for surveying, designing,
construction and examination and acceptance in building projects;

    (5) technical terms, symbols, codes, drafting methods and requirements
for conversion and coordination concerning industrial production, project
construction and environmental protection;

    (6) varieties, specifications, quality, grades, examination, packing,
storage, transportation and requirements for production technology and
management expertise concerning agricultural products (including seeds,
seedlings, breeding stock and breeding poultry and those in forestry, animal
husbandry and fishery; the same below);

    (7) technical requirements concerning information, energy, resources,
and transport.

    Article 3  The State develops standardization undertakings in a planned
way. Standardization work should be included in the plans for national
economic and social development at the various levels.

    Article 4  The State encourages the adoption of international standards
and advanced standards abroad and takes an active part in the formulation
of international standards.
Chapter II Administration of Standardization Work

    Article 5  The task for those who are in charge of standardization work
is: formulating standards, organizing the implementation of standards and
exercising supervision over the implementation of standards.

    Article 6  The competent department in charge of standardization under
the State Council exercises unified leadership over the standardization work
throughout the country, and it performs the following duties:

    (1) organizing the implementation of the State’s laws, regulations,
policies and measures concerning standardization;

    (2) organizing the formulation of programmes and plans concerning
standardization work in the whole country;

    (3) organizing the formulation of national standards;

    (4) providing guidance to the relevant competent departments under the
State Council and administrative departments for standardization work in the
people’s governments in the provinces, autonomous regions and the
municipalities directly under the Central Government in their standardization
work, and coordinating work in this field and dealing with problems arising
therein;

    (5) organizing the implementation of standards;

    (6) conducting supervision over and inspection on the implementation of
standards;

    (7) exercising unified leadership over attestation of product quality
in the whole country;

    (8) taking overall responsibility for professional contacts with the
relevant international standardization organizations.

    Article 7  The relevant competent departments under the State Council
are responsible for the standardization work in their own departments or
trades. They shall perform the following duties:

    (1) implementing the State’s laws, regulations, policies and measures
concerning standardization work and formulating specific procedures for their
implementation in their departments and trades;

    (2) formulating programmes and plans concerning standardization work in
their departments and trades;

    (3) undertaking tasks assigned by the State of drafting state standards
and organizing the formulation of the standards in their respective trades;

    (4) providing guidance to the relevant competent authorities in the
provinces, autonomous regions and municipalities directly under the Central
Government in their standardization work;

    (5) organizing the implementation of the standards in their departments
and trades;

    (6) conducting supervision over and inspection on the implementation of
standards;

    (7) taking charge of attestation of product quality in their own trades
on the authorization from the competent department in charge of
standardization under the State Council.

    Article 8  The administrative departments for standardization in the
people’s governments in the provinces, autonomous regions and municipalities
directly under the Central Government exercise unified leadership over
standardization work in their respective administrative regions, and shall
perform the following duties:

    (1) implementing the State’s laws, regulations, policies and measures
concerning standardization work and formulating specific procedures for their
implementation in their respective administrative regions;

    (2) formulating local programmes and plans concerning standardization
work;

    (3) organizing the formulation of local standards;

    (4) providing guidance to the relevant administrative authorities in
their own administrative regions in their standardization work, and
coordinating work in this field and dealing with problems arising therein;

    (5) organizing the implementation of the standards in their respective
administrative regions;

    (6) conducting supervision over and inspection on the implementation of
the standards.

    Article 9  The relevant competent administrative authorities in the
provinces, autonomous regions and municipalities directly under the Central
Government are responsible for the standardization work in their own
departments and trades in the respective administrative regions, and shall
perform the following duties:

    (1) implementing the laws, regulations, policies and measures concerning
standarization work formulated by the State and their respective departments,
trades and administrative regions and formulating specific procedures for
their implementation;

    (2) formulating programmes and plans concerning standardization work
for their own departments and trades in the respective administrative regions;

    (3) undertaking the tasks of drafting local standards assigned by the
people’s governments in the provinces, autonomous regions and municipalities
directly under the Central Government;

    (4) organizing the implementation of the standards in their own
departments and trades in the respective administrative regions;

    (5) conducting supervision over and inspection on the implementation
of the standards.

    Article 10  The division of the duties of the administrative departments
in charge of standardization and the relevant competent administrative
authorities in municipalities and counties shall be stipulated by the
people’s governments in the provinces, autonomous regions and municipalities
directly under the Central Government.
Chapter III  The Formulation of Standards

    Article 11  National standards (including making sample standards)
should be formulated for the following technical requirements that need to be
unified throughout the country:

    (1) requirements for standardizing commonly used technical terms;

    (2) technical requirements for guaranteeing human health and personal
and property safety;

    (3) technical requirements for essential raw materials, fuels and
processed materials;

    (4) technical requirements for commonly used basic spare parts;

    (5) commonly used methods of experimentation and examination;

    (6) technical requirements for commonly used management expertise;

    (7) important technical requirements in project construction;

    (8) technical requirements for the other important products that must
be controlled by the State.

    Article 12  In formulating national standards, the administrative
department in charge of standardization under the State Council shall be
responsible for making plans, organizing drafting, examination and approval,
numbering and promulgation.

    In formulating national standards for project construction,
pharmaceuticals, food hygiene, veterinary medicine and environmental
protection, the competent departments in charge of project construction,
public health, agriculture and environmental protection under the State
Council shall be responsible for organizing drafting and examination and
approval in their respective departments. The procedures for numbering and
promulgation shall be formulated by the administrative department in charge
of standardization under the State Council in conjunction with the relevant
competent departments under the State Council.

    Where there are, in law, provisions different from those above for the
formulation of national standards, those provisions in law shall prevail.

    Article 13  If there are no national standards for those technical
requirements which need to be standardized for certain trades throughout
the country, trade standards (including the making of sample standards) may
be formulated. Items of trade standards to be formulated shall be determined
by the relevant competent administrative departments under the State Council.

    Article 14  In formulating trade standards, the relevant competent
administrative departments under the State Council shall be responsible for
drawing up plans, organizing drafting, examination and approval, numbering
and promulgation and they should report to the administrative department in
charge of standardization under the State Council for the record.

    Trade standards shall be null and void automatically after the
corresponding national standards have taken effect.

    Article 15  Local standards may be formulated for the safety and
sanitation requirements for industrial goods which need to be unified in the
provinces, autonomous regions and municipalities directly under the Central
Government, in the absence of national standards or trade standards for them.
Items of local standards to be formulated shall be determined by the
administrative departments for standardization of the people’s governments
in the provinces, autonomous regions and municipalities directly under the
Central Government.

    Article 16  In formulating local standards, the administrative
departments for standardization of the people’s governments in the provinces,
autonomous regions and municipalities directly under the Central Government
shall be responsible for drawing up plans, organizing drafting, examination
and approval, numbering and promulgation, and they should report to the
administrative department in charge of standardization under the State
Council and the relevant competent departments under the Council for the
record.

    Where there are, in law, provisions different from those above for the
formulation of local standards, those provisions in law shall prevail.

    Local standards shall be null and void automatically after the
corresponding national standards or trade standards go into effect.

    Article 17  In the absence of national standards, trade standards and
local standards for certain products, the enterprises producing such products
shall formulate their own standards as the basis for organizing production.
Enterprise standards shall be formulated by the relevant enterprises
themselves (procedures for formulating standards for agricultural enterprises
shall be provided for separately), and shall be filed for the record in
accordance with the provisions of the people’s governments in the provinces,
autonomous regions and municipalities directly under the Central Government.

    Where there are already national standards, trade standards and local
standards, enterprises should be encouraged to formulate enterprise standards
which are stricter than the corresponding national, trade or local standards
and apply them within their enterprises.

    Article 18  National standards and trade standards are divided into
compulsory standards and recommendatory standards.

    The following standards belong in the compulsory category:

    (1) standards for pharmaceuticals, food hygiene and veterinary medicine;

    (2) safety and hgyiene standards for products and the production,
storage and transportation and utilization of products; standards for the
safety of labour and hygiene standards and safety standards for transportation;

    (3) quality, safety and sanitation standards for project construction
and other standards for project construction that must be controlled by the
State;

    (4) standards for the discharge of pollutants concerning environmental
protection and standards for environmental quality;

    (5) important technical terms, symbols, codes and drafting methods in
common use;

    (6) standards for commonly used methods of experimentation and examination;

    (7) standards for conversion and coordination;

    (8) quality standards for the important products which need to be
controlled by the State. The catalogue of the important products which need
to be controlled by the State shall be fixed by the administrative department
for standardization under the State Council in conjunction with the relevant
competent administrative departments under the State Council.

    Those standards which are not compulsory are recommendatory standards.

    The local standards for safety and hygiene requirements for industrial
products formulated by the administrative departments in charge of
standardization of the people’s governments in the provinces, autonomous
regions and municipalities directly under the Central Government are
compulsory standards in their respective administrative regions.

    Article 19  Trade associations, research institutions for science and
technology and academic organizations should be given a role to play in
formulating standards.

    The departments responsible for formulating national, trade and local
standards should set up standardization technical committees consisting of
expert from users, production units, trade associations, research institutions
for science and technology, academic organizations and the departments
concerned, which shall be responsible for drafting standards and examining
the technical aspects of the drafts. Where standardization technical
committees have not been set up, the units charged with specific responsibility
for standardization technology may take charge of drafting standards and
examining the technical aspects of the drafts.

    It is necessary to heed fully the opinions of the users and research
institution for science and technology in formulating enterprise standards.

    Article 20  After standards go into effect, the departments which
formulated the standards shall carry out timely re-examinations in light of
the development of science and technology and the needs of economic
construction. Normally, reexamination should be conducted every five years,
at the longest.

    Article 21  The procedures of coding and numbering for national, trade
and local standards shall be provided for by the administrative department in
charge of standardization under the State Council.

    The procedures of coding and numbering for enterprise standards shall be
provided for by the administrative department in charge of standardization
under the State Council in conjunction with the relevant competent
administrative departments under the State Council.

    Article 22  The procedures of publication and distribution of standards
shall be stipulated by the departments which have formulated the standards.
Chapter IV  Implementation and Supervision Concerning Standards

    Article 23  Any units and individuals that are engaged in scientific
research, production and operation must strictly implement compulsory
standards. The products which do not measure up to compulsory standards may
not be allowed to be produced, marketed or imported.

    Article 24  Enterprises may go by the national, trade and local standards
or enterprise standards in production. The codes, serial numbers and names
of the standards should be marked on their products, or written in the
technical manuals or on the packages.

    Article 25  The technical requirements for export products shall be
agreed upon by the two contracting parties.

    When those export products which should be subject to compulsory standards
of China are sold at domestic markets, they must meet the requirements of
the relevant compulsory standards.

    Article 26  Enterprises should meet standardization requirements in
developing new products, improving products or carrying out technical
innovations.

    Article 27  The administrative department in charge of standardization
under the State Council organizes or authorizes the relevant competent
departments under the State Council to set up trade attestation agencies for
carrying out product quality attestation.

    Article 28  The administrative department in charge of standardization
under the State Council shall be responsible for the supervision over the
implementation of standards throughout the country. The relevant administrative
departments under the State Council shall be responsible for the supervision
over the implementation of the standards in their respective departments
and trades.

    The administration departments for standardization in the provinces,
autonomous regions and municipalities directly under the Central Government
shall be responsible for the supervision over the implementation of the
standards in their respective administrative areas. The relevant administrative
authorities in the people’s governments in the provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible
for the supervision over the implementation of the standards in their
departments and trades in the respective administrative areas.

    The administrative departments for standardization and the relevant
administrative authorities in municipalities and counties shall be responsible
for the supervision over the implementation of the standards in their
respective administrative areas according to the duties assigned to them by
the people’s governments of the provinces, autonomous regions and
municipalities directly under the Central Government.

    Article 29  The administrative departments in charge of standardization
in the people’s governments above county level may, according to their needs,
set up examination agencies or authorize the examination agencies of other
units to ensure products are up to the standards and undertake other tasks of
supervision and examination concerning the implementation of standards in
setting up examination agencies, attention should be paid to a rational
geographical allocation and making full use of the available personnel and
facilities.

    The establishment of state examination agencies shall be planned and
examined by the administrative department in charge of standardization under
the State Council in conjunction with the relevant administrative departments
under the State Council. The establishment of local examination agencies shall
be planned and examined by the administrative departments in charge of
standardization in the people’s governments of the provinces, autonomous
regions and municipalities directly under the Central Government in conjunction
with the relevant administrative authorities at provincial level. The data
provided by the examination agencies stipulated in this Article shall be taken
as the criterion in solving disputes over whether certain products are up to
the relevant standards.

    Article 30  The relevant administrative departments under the State
Council may, according to the needs and relevant stipulations of the State,
set up examination agencies to undertake the examination tasks in their
trades and departments.

    Article 31  State organs, social organizations, enterprises, institutions
and citizens all have the right to inform against and expose acts of
violating compulsory standards.
Chapter V  Legal Liability

    Article 32  Those who violates the Standardization Law and the relevant
provisions of these Regulations in one of the following circumstances shall
be ordered to correct their mistakes within a set time-limit by the
administrative departments in charge of standardization or the relevant
administrative authorities within their respective competence, which may also
circulate notices of criticism or give administrative sanctions to the
persons held responsible for the violations:

    (1) enterprises fail to formulate standards as the basis for organizing
production according to the relevant stipulations;

    (2) enterprises fail to report standards for products to higher
authorities for the record according to the relevant stipulations;

    (3) enterprises fail to put marks on their products according to the
relevant stipulations or put marks other than their own on their products;

    (4) enterprises fail to meet standardization requirements in developing
new products, improving products and carrying out technical innovations;

    (5) provisions concerning relevant compulsory standards are violated
in scientific research, designing and production.

    Article 33  Enterprises that produce products which fail to meet
compulsory standards shall be ordered to stop production and their products
shall be confiscated, destroyed under supervision or subjected to necessary
technical treatment. A fine ranging from 20% to 50% of the total value of the
goods shall be imposed on the enterprises and a fine of 5,000 yuan or less on
the persons held responsible.

    Those who sell goods which are not up to the compulsory standards should
be ordered to stop their sales and recover the goods which have already been
sold within a set time-limit. All the goods should be destroyed under
supervision or subjected to necessary technical treatment. The illegal gains
shall be confiscated and a fine ranging from 10% to 20% of the total value of
the goods shall be imposed on the units and a fine of 5,000 yuan or less on
the persons held responsible.

    If any units import goods which are not up to compulsory standards, the
goods should be sealed up for safekeeping and confiscated, destroyed under
supervision or subjected to necessary technical treatment. A fine ranging
from 20% to 50% of the total value of the imported goods shall be imposed on
the units; administrative sanctions shall be given to and a fine of 5,000
yuan or less may also be imposed on the persons held responsible.

    The order to stop production and the administrative sanctions provided
for in this Article shall be decided by the relevant administrative
authorities. Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and commerce within their competence.

    Article 34  Where units cause serious consequences and commit crimes by
producing, marketing and importing products which fall short of the compulsory
standards, the persians directly responsible shall be investigated for
criminal liabilities by the judicial organs according to law.

    Article 35  Where products which have obtained attestation certificates
and are sold with attestation marks are not up to the attestation standards,
the administrative departments in charge of standardization shall order the
relevant units to stop their sales and impose a fine twice the amount of the
illegal gains or less. In more serious cases, the attestation departments
shall revoke their attestation certificates.

    Article 36  If any units sell their goods with attestation marks when the
goods have not been attested or have been rejected in attestation, the
administrative departments in charge of standardization shall order them to
stop their sales and impose a fine three times the amount of the illegal gains
or less on these units and a fine of 5,000 yuan or less on the persons in
charge of these units.

    Article 37  Litigants that disagree with penalties of confiscation of
goods and illegal gains and fines, may, within 15 days of receipt of
notification of such penalties, apply for reconsideration to the organs
immediately superior to the authorities which have meted out the penalties.
A litigant that disagrees with a reconsideration decision, may, within 15
days of receipt of the reconsideration decision, file a suit with a people’s
court. A litigant may also directly file a suit with a people’s court within
15 days of receipt of notification of the penalties. If a litigant neither
applies for a reconsideration nor files a suit with a people’s court nor
performs the penalty decision, the department which has made the decision
shall apply to the people’s court for mandatory enforcement.

    Article 38  The penalties provided for in Articles 32 to 36 of these
Regulations shall not exempt the litigant from the damages liabilities
arising therefrom. Those who have suffered damages have the right to claim
compensation from the persons held responsible. Damages liabilities and
disputes over the amounts of compensation may be dealt with by the relevant
administrative authorities and the litigants may also directly file a suit
with a people’s court.

    Article 39  Persons in charge of supervision, examination and
administration of standardization work that commit one of the following acts
shall be given administrative sanctions by the relevant competent authorities;
if crimes result from those acts, they shall be investigated for criminal
liabilities by the judicial organs according to law:

    (1) making errors that cause damage in violation of certain provisions
of these Regulations;

    (2) forging and tampering with examination data;

    (3) engaging in self-seeking misconduct, abusing power and asking for
and accepting bribes.

    Article 40  All the revenue derived from confiscation and pecuniary

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PUNISHMENT OF CRIMES OF DESECRATING THE NATIONAL FLAG AND THE NATIONAL EMBLEM

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1990-06-28 Effective Date  1990-06-28 Date of Invalidation  1997-10-01


Decision of the Standing Committee of the National People’s Congress Regarding the Punishment of Crimes of Desecrating the National
Flag and the National Emblem of the People’s Republic of China

(Adopted at the 14th Meeting of the Standing Committee of the Seventh

National People’s Congress on June 28, 1990, promulgated by Order No.29 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of June 28, 1990)(Editor’s Note: This Decision has been invalidated by the
Criminal Law of the People’s Republic of China revised at the Fifth Session of
the Eighth National People’s Congress on March 14, 1997, and effective on
October 1, 1997)

    The 14th Meeting of the Standing Committee of the Seventh National
People’s Congress has decided to make supplementary provisions to the Criminal
Law: Whoever desecrates the National Flag or the National Emblem of the
People’s Republic of China by publicly and wilfully burning, mutilating,
scrawling on, defiling, or trampling upon it shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.





CIRCULAR OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE ON ISSUING THE INTERIM PROVISIONS CONCERNING CONTRACT PERIOD OF CHINESE-FOREIGN EQUITY JOINT VENTURES

19900930the State Council

The Ministry of Foreign Economic Relations and Trade

Circular of the Ministry of Foreign Economic Relations and Trade on Issuing the Interim Provisions Concerning Contract Period of Chinese-foreign
Equity Joint Ventures

WaiJingMaoFaZi [1990] No.56

October 22, 1990

(Adopted by the State Council on September 30, 1990 , Promulgated by WaiJingMaoFaZi [1990] No.56 of the Ministry of Foreign Economic
Relations and Trade on October 22, 1990)

Article 1

These Provisions are formulated in accordance with the provisions of Article 12 of the Law of the People’s Republic of China on Chinese-foreign
Equity Joint Ventures (Amended at the Third Session of the Seventh National People’s Congress on April 4, 1990).

Article 2

As regards the establishment of Chinese-foreign equity joint ventures (hereinafter referred to as joint ventures), the parties to
a joint venture which is engaged in investment projects encouraged and permitted by the Chinese government, except as stipulated
in Article 3 of these Provisions, may decide, through consultation, to or not to prescribe a contract period in the contract.

Article 3

As regards the establishment of joint ventures, the parties to a joint venture, which falls under one of the following lines of business
or one of the following circumstances, shall prescribe in their contract, through consultation, a contract period in accordance with
the provisions of the relevant laws and regulations of the state:

(1)

service trades, such as hotels, apartments, office buildings, recreation and entertainment, catering trade, taxi service, development
and printing of colour films and photos, maintenance, business consultancy, etc.;

(2)

joint ventures engaged in land development and real estate;

(3)

joint ventures engaged in the prospecting and development of natural resources;

(4)

joint ventures engaged in projects subject to investment restriction as stipulated by the state;

(5)

joint ventures for which a contract period shall be decided, through consultation, as prescribed by other laws and regulations of
the state.

Article 4

Joint ventures, the parties to which decide, through consultation, not to prescribe a contract period in their contract, shall be
examined and approved in accordance with the state regulations concerning the limits of powers and procedures for examination and
approval. With the exception of those joint ventures to be directly examined and approved by the Ministry of Foreign Trade and Economic
Cooperation, other examining and approving authorities shall, report within 30 days, any such applications they have examined and
approved to the Ministry of Foreign Trade and Economic Cooperation for the record.

Article 5

Joint ventures, the parties to which decide, through consultation, not to prescribe a contract period in their contract, may enjoy
the preferential treatment of reduction of or exemption from taxes in accordance with the state provisions concerning taxation and
with the approval of the tax authorities. In cases where the actual term of operation of these joint ventures fails to reach the
number of years set by the state for enjoying the preferential treatment of taxation, the joint ventures concerned shall, according
to law, pay the taxes which have been exempted or reduced.

Article 6

Joint ventures, whose establishment was approved before these provisions become effective, shall operate in accordance with the approved
contract period stipulated in the contract. However, as regards a joint venture which does not come under one of the circumstances
specified in Article 3 of these Provisions, in the event that the parties to the joint venture agree unanimously to modify the stipulation
in the contract concerning the contract period, and to restipulate the joint venture as one without contract period, the parties
to the joint venture shall submit a report to justify such a modification, sign an agreement of the modification of the contract,
and apply to the original examining and approving authorities for examination and approval. The original examining and approving
authorities shall, within 90 days as of the date of receipt of the said application, decide to approve or disapprove it. After obtaining
the approval, the joint venture shall, in accordance with the stipulations of Article 4 of these Provisions, go through the procedures
for the record.

Article 7

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



 
The Ministry of Foreign Economic Relations and Trade
1990-10-22

 






THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA

REGULATIONS CONCERNING CONSULAR PRIVILEGES AND IMMUNITIES

Regulations of the PRC Concerning Consular Privileges and Immunities

     (Effective Date 1990.10.30)

   Article 1. The present Regulations are formulated for the purpose of defining the consular privileges and immunities of the foreign consular
posts in China and their members and facilitating the efficient performance of the functions of the foreign consular posts as representing
states in their consular districts.

   Article 2. consular officers shall be of the nationality of the sending State. They may, only with the consent of the competent Chinese authorities,
be appointed from among persons of Chinese or third-state nationality or nationals of the sending State who are permanent residents
of China. This consent may be withdrawn at any time by the said authorities.

   Article 3. The consular post and its head shall have the right to use the national flag and emblem of the sending State on the premises of
the consular post, on the residence of th head of the consular post and on his means of transport when used on official business.

   Article 4. The premises of the consular post shall be inviolable. Chinese government functionaries shall not enter them except with the consent
of the head of the consular post or the head of the diplomatic mission of the sending State or another person authorized by either
of them. The consent of the bead of the consular post may be assumed in case of fire or other disaster requiring prompt protective
action. The Chinese authorities concerned shall take appropriate measures to protect the premises of the consular post against any
intrusion or damage.

   Article 5. The premises of the consular post and the residence of its head shall be exempt from dues and taxes other than such as represent
payment of specific services rendered.

The fees and charges levied by the consular post in the course of its official duties shall be exempt from all dues and taxes.

   Article 6. The archives and documents of the consular post shall be inviolable.

   Article 7. The members of the consular post shall enjoy freedom of movement and travel within Chinese territory except for areas the entry
into which is prohibited or restricted by the regulations of the Chinese Government.

   Article 8. The consular post may for official purposes communicate freely with the Government and the diplomatic missions and other consular
posts of the sending State. IN so doing, it may employ all appropriate means, including diplomatic or consular couriers, diplomatic
or consular bags, and messages in code or cipher.

   Article 9. The consular post may install and use a wireless transmitter-receiver only with the consent of the Chinese Government. The import
of the above-mentioned equipment shall be subject to the relevant procedure as prescribed by the Chinese Government.

   Article 10. The consular bag shall be neither opened nor detained.

The consular bag may contain only official correspondence and documents or articles intended for official use and must be sealed and
bear visible external marks of its character. If the Chinese authorities concerned have serious reason to believe that the bag contains
something other than the above-mentioned objects, they may request that the bag be opened in their presence by the consular officer
or another person authorized by him. If this request is refused by the consular officer, the bag shall be returned to its place of
origin.

   Article 11. The consular courier must be of the nationality of the sending State and shall not be a permanent resident of China. The consular
courier shall be provided with a courier certificate issued by the competent authorities of the sending State. He shall enjoy personal
inviolability and shall not be liable to arrest or detention.

Consular couriers ad hoc must be provided with certificates of courier ad hoc issued by the competent authorities of the sending State,
and shall enjoy the same immunities as the consular courier while charged with the carrying of the consular bag.

A consular bag may be entrusted to the captain of a commercial aircraft or a commercial ship. He must be provided with an official
document issued by the consigner State indicating the number of packages constituting the bag, but he shall not be considered to
be a consular courier. By arrangement with the competent authorities of the appropriate Chinese local people’s government, the consular
post may send its members to receive the consular bag from the captain of the aircraft or of the ship or deliver it to him.

   Article 12. The person of a consular officer shall be inviolable. The Chinese authorities concerned shall take appropriate measures to prevent
any attack on his personal freedom and dignity.

Consular officers shall not be liable to arrest or detention, except in the case of grave crime and pursuant to a decision made in
accordance with due legal procedure.

Consular officers shall not be committed to prison save in execution of a judicial decision of final effect.

   Article 13. The residence of a consular officer shall be inviolable.

His papers and correspondence shall be inviolable.

His property, except in the case provided in Article 14 of the present Regulations, shall be inviolable.

   Article 14. Consular officers and members of the administrative and technical staff of the consular post shall enjoy immunity from judicial
and administrative jurisdiction in respect of acts performed in the exercise of their functions. Immunity from jurisdiction of consular
officers in respect of acts other than those performed in the exercise of their functions shall be accorded in accordance with the
bilateral treaties or agreements concluded between China and other countries concerned, or, in default thereof, on the principle
of reciprocity.

Immunity from judicial jurisdiction of a consular officer and a member of the administrative of technical staff of the consular post
shall not apply to any of the following civil actions:

(1) arising out of a contract in which he did not contract expressly as an agent of the sending State;

(2) relating to private immovable property situated in the territory of China, unless he holds it on behalf of the sending State for
the purposes of the consular post.

(3) relating to succession in which he is involved as a private person; or

(4) for damages arising from an accident in China caused by a vehicle, vessel or aircraft.

   Article 15. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings, but
shall be under no obligation to give evidence concerning matters connected with the exercise of their functions. They are also enpost_titled
to decline to give evidence as expert witnesses with regard to the law of the sending State.

If a consular officer should decline to give evidence, no coercive measure or penalty may be applied to him.

A member of the administrative or technical staff of the consular post or a member of the service staff may not decline to give evidence
except in cases concerning matters connected with the exercise of their functions.

   Article 16. The immunity from jurisdiction of the persons concerned specified in the present Regulations may be waived through express declaration
by the Government of the sending State.

The initiation of proceedings by a person enjoying immunity from jurisdiction in accordance with the provisions of the present Regulations
shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim.

Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the
judgment, for which a separate and express waiver by the Government of the sending State shall be necessary.

   Article 17. Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all dues and taxes,
except:

(1) dues and taxes of a kind which are normally incorporated in the price of goods or services;

(2) dues or taxes on private immovable property situated in the territory of China, unless that is used as consular premises;

(3) estate, succession or inheritance duties, except for the movable property left in China by a deceased consular officer;

(4) dues and taxes on private income having its source in China; or

(5) charges levied for specific services rendered.

Members of the service staff of the consular post shall be exempt from dues and taxes on the wages which they receive for their service
in the consular post.

   Article 18. Members of the consular post shall be exempt from all personal and public services as well as military obligations.

Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all obligations under
the laws and regulations of China in regard to the registration of aliens and residence permits.

   Article 19. Imported articles for the official use of the consular post, those for the personal use of consular officers, and those for the personal
use of members of the administrative or technical staff of the consular post, including articles intended for their establishment,
imported within six months of the time of installation shall, in accordance with the relevant regulations of the Chinese Government,
be exempt from customs duties and all other related dues and taxes with the exception of charges for storage, cartage and similar
services.

Imported articles for the personal use of the consular officers or the members of the administrative or technical staff of the consular
post referred to in the preceding paragraph shall not exceed the quantities necessary for their direct utilization.

The personal baggage of a consular officer shall be exempt from inspection, unless the competent Chinese authorities have serious
reason to believe that it contains articles other than those for the personal use as provided in the first paragraph of this Article,
or articles the import or export of which is prohibited or controlled by Chinese laws and government regulations. Such inspection
shall be conducted in the presence of the consular officer concerned or of his authorized representative.

   Article 20. The consular post and its members may carry firearms and bullets into or out of China for their personal use, only with the approval
of the Chinese government and subject to its relevant regulations.

   Article 21. The spouses and minor children of the consular officers, of the members of the administrative or technical staff of the consular
post, or of the members of the service staff of the consular post forming part of their respective households, except those who are
nationals of China or aliens permanently resident in China, shall enjoy the privileges and immunities respectively accorded to the
consular officers, the members of the administrative or technical staff of the consular post or the members of the service staff
of the consular post in accordance with the provisions of Articles 7, 17, 18, or 19 or the present Regulations.

   Article 22. Consular officers who are nationals of China or aliens permanently resident in China shall enjoy the privileges and immunities provided
for in the present Regulations only in respect of acts performed in the course of official duties.

Members of the administrative or technical staff of the consular post and members of the service staff of the consular post who are
nationals of China or aliens permanently resident in China shall not enjoy the privileges and immunities provided for in the present
Regulations except that they shall have no obligation to give evidence concerning matters connected with the exercise of their functions.

Private attendants shall not enjoy the privileges and immunities provided for in the present Regulations.

   Article 23. The following persons shall enjoy necessary immunity and inviolability during their transit through or sojourn in China:

(1) a consular officer stationed in a third State who passes through China together with his spouse and minor children forming part
of his household; and

(2) a visiting foreign consular officer who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State
with which China has concluded an agreement on the mutual exemption of visas.

   Article 24. Persons enjoying consular privileges and immunities under the present Regulations shall:

(1) respect Chinese laws and regulations;

(2) not interfere in the internal affairs of China; and

(3) not use the premises of the consular post and the residence of members of the consular post for purposes incompatible with the
exercise of consular functions.

   Article 25. Consular officers shall not practise for personal profit any professional or commercial activity outside his official functions
on Chinese territory.

   Article 26. In case the consular privileges and immunities accorded by a foreign State to the Chinese consular posts and their members in that
State and to transitting or visiting Chinese consular officers stationed in a third State are different from those China would give
under the present Regulations to the consular posts of that State and their members in China and to transitting or visiting consular
officers of that state stationed in a third State, the Chinese Government may accord them such consular privileges and immunities
as appropriate according to the principle of reciprocity.

   Article 27. Where the international treaties to which China is a contracting or acceding party contain otherwise provisions in respect of consular
privileges and immunities, such provisions shall prevail, with the exception of those on which China has declared reservations.

Where the bilateral treaties or agreements concluded between China and other countries contain otherwise provisions in respect of
consular privileges and immunities, such provisions shall prevail.

   Article 28. For the purposes of the present Regulations, the following expressions shall have the meanings hereunder assigned to them:

(1) “consular post” means any consulate-general, consulate, vice- consulate or consular agency;

(2) “consular district” means the area assigned to a consular post for the exercise of consular functions;

(3) “head of consular post” means the consul-general, consul, vice- consul or consular agent charged by the sending State with the
duty of acting in that capacity;

(4) “consular officer” means any consul-general, vice-consul- general, consul, vice-consul, consular attache or consular agent;

(5) “members of the administrative or technical staff of the consular post” means the members of the staff of the consular post engaged
in the administrative or technical work of the consular post;

(6) “members of the service staff” means the members of the staff of the consular post engaged in the domestic service of the consular
post;

(7) “members of the consular post” means consular officers, members of the administrative or technical staff of the consular post
and members of the service staff of the consular post;

(8) “private attendant” means an attendant in the private employment of a member of the consular post;

(9) “consular premises” means the buildings or parts of buildings and the land ancillary thereto used exclusively for the purposes
of the consular post.

   Article 29. The present Regulations shall enter into force as of the date of promulgation.

    





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE PROHIBITION AGAINST NARCOTIC DRUGS

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1990-12-28 Effective Date  1990-12-28  


Decision of the Standing Committee of the National People’s Congress on the Prohibition Against Narcotic Drugs



(Adopted at the 17th Meeting of the Standing Committee of the Seventh

National People’s Congress on December 28, 1990, promulgated by Order No.38
of the President of the People’s Republic of China on December 28, 1990,
and effective as of December 28, 1990)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

    With a view to severely punishing such criminal activities as smuggling,
trafficking in, transporting and manufacturing narcotic drugs and illegal
cultivation of their mother plants and strictly prohibiting drug ingestion and
injection, so as to protect citizens’ physical and mental health, maintain
social security and public order and ensure the smooth progress of the
socialist modernization drive, the following decision is made:

    1. As used in this Decision, the term “narcotic drugs” means opium,
heroin, morphine, marijuana, cocaine and other narcotics and psychotropic
substances that are liable to make people addicted to their use and that are
controlled by relevant regulations of the State Council.

    2. Whoever smuggles, traffics in, transports or manufactures narcotic
drugs and comes under any of the following categories, shall be sentenced to
fixed-term imprisonment of fifteen years, life imprisonment or death and shall
concurrently be sentenced to confiscation of property:

    (1) persons who smuggle, traffic in, transport or manufacture opium of not
less than 1,000 grams, heroin of not less than 50 grams or other narcotic  
drugs of large quantities;

    (2) ringleaders of gangs engaged in smuggling, trafficking in,
transporting or manufacturing narcotic drugs;

    (3) persons who shield with arms the smuggling, trafficking in,
transporting or manufacturing of narcotic drugs;

    (4) persons who violently resist inspection, detention or arrest, the
circumstances being serious; or

    (5) persons involved in organized international drug trafficking.

    Whoever smuggles, traffics in, transports or manufactures opium of not
less than 200 grams but less than 1,000 grams, or heroin of not less than 10
grams but less than 50 grams or any other narcotic drugs of relatively large
quantities shall be sentenced to fixed-term imprisonment of not less than
seven years and shall concurrently be sentenced to a fine.

    Whoever smuggles, traffics in, transports or manufactures opium of less
than 200 grams, or heroin of less than 10 grams or any other narcotic drugs of
small quantities shall be sentenced to fixed-term imprisonment of not more
than seven years, criminal detention or public surveillance and shall
concurrently be sentenced to a fine.

    Whoever makes use of minors or aids and abets them to smuggle, traffic  
in, transport or manufacture narcotic drugs shall be given a heavier
punishment.

    With respect to persons who have smuggled, trafficked in, transported or
manufactured narcotic drugs many times and have not been dealt with, the
quantity of narcotic drugs thus involved shall be computed accumulatively.

    3. It shall be prohibited for any person to illegally possess narcotic
drugs. Whoever illegally possesses opium of not less than 1,000 grams, or
heroin of not less than 50 grams, or any other narcotic drugs of large
quantities shall be sentenced to fixed-term imprisonment of not less than
seven years or life imprisonment, and shall concurrently be sentenced to a
fine; whoever illegally possesses opium of not less than 200 grams but less
than 1,000 grams, or heroin of not less than 10 grams but less than 50 grams,
or any other narcotic drugs of relatively large quantities shall be sentenced
to fixed-term imprisonment of not more than seven years, criminal detention or
public surveillance, and may concurrently be sentenced to a fine; whoever  
illegally possesses opium of less than 200 grams, or heroin of less than 10
grams, or any other narcotic drugs of small quantities shall be punished as
provided in the first paragraph of Article 8 of this Decision.

    4. Whoever shields offenders engaged in smuggling, trafficking in,
transporting or manufacturing narcotic drugs, whoever harbours, transfers or
covers up, for such offenders, narcotic drugs or their pecuniary and other  
gains from such criminal activities, or whoever conceals or withholds the
illegal nature and source of their pecuniary and other gains from trafficking  
in narcotic drugs shall be sentenced to fixed-term imprisonment of not more
than seven years, criminal detention or public surveillance, and may
concurrently be sentenced to a fine.

    Conspirators to a crime mentioned in the preceding paragraph shall be
deemed as accomplices in the crime of smuggling, trafficking in, transporting  
or manufacturing narcotic drugs and punished as such.

    5. Acetic anhydride, ether, chloroform and other substances that are
usually used in the manufacture of narcotics and psychotropic substances shall
be strictly controlled in accordance with relevant regulations of the State.
Illicit transportation or carrying of such substances into or out of the
territory of China shall be strictly prohibited. Whoever illegally transports  
or carries into or out of the territory of China any substance mentioned above
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and shall concurrently be sentenced
to a fine; where large quantities are involved, the offender shall be
sentenced to fixed-term imprisonment of not less than three years but not more
than ten years, and shall concurrently be sentenced to a fine; and where
relatively small quantities are involved, the offender shall be punished in
accordance with relevant provisions of the Customs Law.

    Whoever provides other persons with substances mentioned in the preceding
paragraph, while knowing that those persons manufacture narcotic drugs, shall
be deemed as an accomplice in the crime of manufacturing narcotic drugs and
punished as such.

    If a unit commits any illicit or criminal act prescribed in the two
preceding paragraphs, the person(s) directly in charge and other person(s)
directly involved in it shall be punished as prescribed in the two preceding
paragraphs, and the unit shall also be subjected to a fine or a penalty.

    6. Whoever illegally cultivates mother plants of narcotic drugs, such as
opium poppy and marijuana, shall be forced to uproot them. Whoever is under
any of the following circumstances shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance, and shall concurrently be sentenced to a fine:

    (1) cultivating opium poppy of not less than 500 plants but less than
3,000 plants or any mother plants of other narcotic drugs in relatively large
quantities;

    (2) cultivating any mother plant of narcotic drugs again after being dealt
with by the public security organ: or

    (3) resisting the uprooting of such mother plants.

    Whoever illegally cultivates opium poppy of not less than 3,000 plants or
any mother plants of other narcotic drugs in large quantities shall be
sentenced to fixed-term imprisonment of not less than five years, and shall
concurrently be sentenced to a fine or confiscation of property.

    Whoever illegally cultivates opium poppy of less than 500 plants or any
mother plants of other narcotic drugs in relatively small quantities shall be
punished by the public security organ with detention of not more than fifteen
days, and may also be punished with a penalty of not more than 3,000 yuan.

    Persons illegally cultivating opium poppy or any mother plants of other
narcotic drugs who voluntarily uproot them before harvest may be exempted from
punishment.

    7. Whoever lures, aids and abets, or cheats others into drug ingestion or
injection shall be sentenced to fixed-term imprisonment of not more than seven
years, criminal detention or public surveillance, and shall concurrently be
sentenced to a fine.

    Whoever forces others to ingest or inject narcotic drugs shall be
sentenced  to fixed-term imprisonment of not less than three years but not
more than ten years, and shall concurrently be sentenced to a fine.

    Whoever lures, aids and abets, cheats or forces minors into ingesting or
injecting narcotic drugs shall be given a heavier punishment.

    8. Whoever ingests or injects narcotic drugs shall be punished by the
public security organ with detention of not more than fifteen days, and may
simply or concurrently be punished with a fine of not more than 2,000 yuan,
and the narcotic drugs and the instruments used for drug ingestion or
injection shall concurrently be confiscated.

    Whoever is addicted to drug ingestion or injection shall, in addition to
being punished as provided in the preceding paragraph, be forced to quit the
addiction and be subjected to treatment and education. Persons who ingest or
inject narcotic drugs again after being forced to quit may be subjected to
rehabilitation through labour and shall be forced to quit during the period.

    9. Whoever provides shelter for others to ingest or inject narcotic drugs
and sells narcotic drugs therein shall be punished in accordance with the
provisions of Article 2 of the Decision.

    10. For medical, teaching and research purposes, the competent department  
of public health administration of the state may, in accordance with
provisions of laws and administrative rules and regulations, designate
specific places and pharmaceutical factories to cultivate or manufacture
limited quantities of, mother plants of narcotic drugs, or narcotics and
psychotropic substances. Units and persons who are allowed by law to engage  
in manufacture, transportation, administration or utilization of
State-controlled narcotics and psychotropic substances shall strictly observe  
the regulations of the State concerning the control of such substances.

    Persons who are allowed by law to engage in manufacture, transportation,  
administration or utilization of State-controlled narcotics and psychotropic
substances and who, in violation of relevant regulations of the State, provide
such substances to persons who ingest or inject narcotic drugs shall be
sentenced to fixed-term imprisonment of not more than seven years or criminal
detention, and may concurrently be sentenced to a fine. Persons who provide
such substances to drug smugglers or traffickers, or, for the purpose of
profit, to persons who ingest or inject narcotic drugs shall be punished in
accordance with the provisions of Article 2 of this Decision.

    If a unit commits any illicit or criminal act prescribed in the second
paragraph of this Article, the person(s) directly in charge and other
person(s) directly involved in it shall be punished in accordance with the
provisions of the second paragraph of this Article, and the unit shall also be
punished with a fine.

    11. Any State functionary who commits any crime prescribed in this
Decision shall be given a heavier punishment.

    Persons who were punished for crimes of smuggling, trafficking in,
transporting, manufacturing or illegally possessing narcotic drugs commits a
crime prescribed in this Decision again shall be given a heavier punishment.

    12. Uncovered narcotic drugs, illegal proceeds from drug-related crimes,
gains from such proceeds and the funds and means used for commission of the
crimes shall all be confiscated. The confiscated drugs and instruments used
for drug ingestion or injection shall in accordance with regulations of the
State be destroyed or disposed of otherwise. All gains from fines, penalties
and confiscation’s shall be turned over to the State Treasury.

    13. This Decision shall be applicable to citizens of the People’s Republic
of China who commit the crimes of smuggling, trafficking in, transporting or
manufacturing narcotic drugs outside the territory of the People’s Republic of
China.

    With respect to foreigners who, after committing the crimes mentioned in
the preceding paragraph outside the territory of the People’s Republic of
China, have entered the territory of China, the Chinese judicial organ shall
have jurisdiction and this Decision shall apply, with the exception of those
who shall be extradited pursuant to the international conventions or bilateral
treaties which China has acceded to or concluded.

    14. Persons committing the crimes prescribed in this Decision who perform
meritorious service by informing against or exposing other drug-related crimes
shall be given a lighter or mitigated punishment or be exempted from
punishment.

    15. Citizens shall have the duty to inform against and expose illicit or
criminal acts prescribed in this Decision. The State shall award persons who
inform against or expose criminal activities such as smuggling, trafficking
in, transporting or manufacturing narcotic drugs and persons who perform
meritorious service in the prohibition against narcotic drugs.

    16. This Decision shall enter into force as of the date of promulgation.





DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON THE METHOD FOR THE FORMATION OF THE FIRST GOVERNMENT AND THE FIRST LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1990-04-04 Effective Date  1990-04-04  


Decision of the National People’s Congress on the Method for the Formation of the First Government and the First Legislative Council
of the Hong Kong Special Administrative Region



(Adopted at the Third Session of the Seventh National People’s Congress on

April 4, 1990)

    1. The first Government and the first Legislative Council of the Hong Kong
Special Administrative Region shall be formed in accordance with the
principles of state sovereignty and smooth transition.

    2. Within the year 1996, the National People’s Congress shall establish a
Preparatory Committee for the Hong Kong Special Administrative Region, which
shall be responsible for preparing the establishment of the Region and shall
prescribe the specific method for forming the first Government and the first
Legislative Council in accordance with this Decision. The Preparatory
Committee shall be composed of mainland members and of Hong Kong members who
shall constitute not less than 50 per cent of its membership. Its chairman and
members shall be appointed by the Standing Committee of the National People’s
Congress.

    3. The Preparatory Committee for the Hong Kong Special Administrative
Region shall be responsible for preparing the establishment of the Selection
Committee for the First Government of the Hong Kong Special Administrative
Region (the “Selection Committee”).

    The Selection Committee shall be composed entirely of permanent residents
of Hong Kong and must be broadly representative. It shall include Hong Kong
deputies to the National People’s Congress, representatives of Hong Kong
members of thc National Committee of the Chinese People’s Political
Consultative Conference, persons with practical experience who have served in
Hong Kong’s executive, legislative and advisory organs prior to the
establishment of the Hong Kong Special Administrative Region, and persons
representative of various strata and sectors of society.

    The Selection Committee shall be composed of 400 members in the following
proportions. Industrial, commercial and financial sectors 25 per cent

    The professions 25 per cent

    Labour, grass-roots, religious and other sectors 25 per cent.

    Former political figures, Hong Kong deputies to the National People’s
Congress, and representatives of Hong Kong members of the National Committee
of the Chinese People’s Political Consultative Conference 25 per cent.

    4. The Selection Committee shall recommend the candidate for the first
Chief Executive through local consultations or through nomination and election
after consultations, and report the recommended candidate to the Central
People’s Government for appointment. The term of office of the first Chief
Executive shall be the same as the regular term.

    5. The Chief Executive of the Hong Kong Special Administrative Region
shall be responsible for preparing the formation of the first Government of
the Region in accordance with this Law.

    6. The first Legisltive Council of the Hong Kong Special Administrative
Region shall be composed of 60 members, with 20 members returned by
geographical constituencies through direct elections, 10 members returned by
an election committee, and 30 members returned by functional constituencies.
If the composition of the last Hong Kong Legislative Council before the
establishment of the Hong Kong Special Administrative Region is in conformity
with the relevant provisions of this Decision and the Basic Law of the Hong
Kong Special Administrative Region, those of its members who uphold the Basic
Law of the Hong Kong Special Administrative Region of the People’s Republic of
China and pledge allegiance to the Hong Kong Special Administrative Region of
the People’s Republic of China, and who meet the requirements set forth in the
Basic Law of the Region may, upon confirmation by the Preparatory Committee,
become members of the first Legislative Council of the Region. The term of
office of members of the first Legislative Council of the Hong Kong Special
Administrative Region shall be two years.





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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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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