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1997

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-09-04 Effective Date  1991-09-04  


Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Abduct and
Traffic in or Kidnap Women or Children



(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People’s Congress on September 4, 1991, promulgated by Order No.52 of
the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(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 criminals who abduct and traffic in or
kidnap women or children so as to protect the personal safety of women and
children and maintain the public security order, the relevant provisions of
the Criminal Law are supplemented or amended as follows:

    1. Whoever abducts and traffics in a woman or a child shall be sentenced  
to fixed-term imprisonment of not less than five years and not more than ten
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; if under any of the following circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, with the concurrent punishment of a fine of not more than 10,000
yuan or confiscation of property; if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property:

    (1) Being a ringleader of a gang engaged in the abduction of and
trafficking in women or children;

    (2) Abducting and trafficking in three or more women and/or children;

    (3) Raping the woman who is abducted and trafficked in;

    (4) Enticing or forcing the woman who is abducted and trafficked in to
engage in prostitution, or selling such woman to any other person or persons
who will force the woman to engage in prostitution;

    (5) Causing serious bodily injury or death or other severe consequences
of the woman or child who is abducted and trafficked in or of their relatives;

    (6) Selling a woman or a child out of the territory of China.

    Abducting and trafficking in a woman or a child mean any act of abducting,
buying, trafficking in, fetching or sending, or transferring a woman or a
child, for the purpose of selling the victim.

    2. Whoever kidnaps a woman or a child by means of violence, intimidation
or anaesthesia for the purpose of selling the victim shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment, and
shall concurrently be sentenced to a fine of not more than 10,000 yuan or
confiscation of property; and if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property.

    Whoever steals a baby or an infant for the purpose of selling the victim
or extorting money or property shall be punished in accordance with the
provisions in the first paragraph of this Article.

    Whoever kidnaps any other person or persons for the purpose of extorting  
money or property shall be punished in accordance with the provisions in the
first paragraph of this Article.

    3. It shall be strictly prohibited for anyone to buy a woman or a child
who is abducted and trafficked in or kidnapped. Whoever buys a woman or a
child who is abducted and trafficked in or kidnapped shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance.

    Whoever buys a woman who is abducted and trafficked in or kidnapped and
has sexual relations with her against her will shall be punished in accordance
with the provisions on the crime of rape in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and illegally deprives the victim of his or her personal freedom
or restricts his or her personal freedom, or commits any criminal act such as
hurting, insulting or maltreating the victim, shall be punished in accordance
with the relevant provisions in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and commits any criminal act as specified in the second or third
paragraph of this Article shall be punished in accordance with the provisions
on combined punishment for several crimes in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped and sells the victim afterwards shall be punished in accordance with
the provisions in Article 1 of this Decision.

    Whoever, having bought a woman or a child who is abducted and trafficked
in or kidnapped, does not obstruct the woman from returning to her original
place of residence according to her will, or does not maltreat the child nor
obstruct his or her rescue, shall be exempted from being investigated for
criminal responsibility.

    4. No individual or organization may obstruct the rescue of a woman or a
child abducted and trafficked in or kidnapped, nor may any individual or
organization extort the costs he or she or it has paid for buying such woman
or child and the living expenses thereof from the woman or child who is
abducted and trafficked in or kidnapped, or his or her family members, or his
or her rescuers. In case such costs and expenses have been extorted, they
shall be recovered.

    Whoever obstructs with violence or intimidation State functionaries from
rescuing a woman or a child who has been bought shall be punished in
accordance with the provisions in Article 157 of the Criminal Law; whoever  
obstructs, by providing assistance in transferring or hiding the victim or by
other means, State functionaries from rescuing a woman or a child who has been
bought, but without using violence or intimidation, shall be punished in
accordance with the provisions in the Regulations on Administrative Penalties
for Public Security.

    Major culprits who gather crowds to prevent State functionaries from
rescuing a woman or a child who has been bought shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention;
other participants in the offence shall be punished in accordance with the
provisions in the second paragraph of this Article.

    5. The people’s governments at various levels shall have the functions and
responsibilities to rescue a woman or a child who is abducted and trafficked
in or kidnapped. The rescue work shall be carried out by the public security
organs in conjunction with the departments concerned. Any State functionary
charged with functions and responsibilities to rescue who fails to make any
rescue effort on receiving a request for rescue by a woman or a child who is
abducted and trafficked in or kidnapped or by his or her family members or on
receiving a report thereon made by any other person and therefore results in
serious consequences, shall be punished in accordance with the provisions in
Article 187 of the Criminal Law; if the circumstances are relatively minor,
such State functionary shall be subjected to administrative sanctions.

    Any State functionary charged with functions and responsibilities to
rescue who, by taking advantage of his or her office, hinders the rescue,
shall be sentenced to fixed-term imprisonment of not less than two years and
not more than seven years; if the circumstances are relatively minor, such
State functionary shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention.

    6. The illegal incomes gained from abducting and trafficking in or
kidnapping a woman or a child shall be confiscated.

    All the incomes from fines and confiscations shall be turned over to the
State Treasury.

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





ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-10-30 Effective Date  1992-04-01  


Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine

Contents            
Chapter I  General Provisions
Chapter II  Entry Quarantine
Chapter III  Exit Quarantine
Chapter IV  Transit Quarantine
Chapter V  Quarantine of Materials Carried by Passengers or by Post
Chapter VI  Quarantine of Means of Transport
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions

(Adopted at the 22nd Meeting of the Standing Committee of the Seventh

National People’s Congress on October 30, 1991, promulgated by Order No. 53
of the President of the People’s Republic of China on October 30, 1991 and
effective as of April 1, 1992)
Contents            

    Chapter I     General Provisions

    Chapter II    Entry Quarantine

    Chapter III   Exit Quarantine

    Chapter IV    Transit Quarantine

    Chapter V     Quarantine of Materials Carried by Passengers or by Post

    Chapter VI    Quarantine of Means of Transport

    Chapter VII   Legal Responsibility

    Chapter VIII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated for the purpose of preventing
infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to,
for short, as diseases, insect pests and harmful organisms) from spreading
into or out of the country, protecting the production of agriculture,
forestry, animal husbandry and fishery as well as human health, and promoting
the development of foreign economic relations and trade.

    Article 2  Animals and plants, their products and other quarantine
objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of
transport from animal or plant epidemic areas shall, on entry or exit, be
subject to quarantine inspection in accordance with this Law.

    Article 3  An animal and plant quarantine department shall be instituted
under the State Council (hereinafter referred to, for short, as the State
animal and plant quarantine department), which shall conduct a unified
administration of the entry and exit animal and plant quarantine in the whole
country. Port animal and plant quarantine offices set up by the State animal
and plant quarantine department at ports open to the outside world and at
places busy with entry and exit animal and plant quarantine shall, in
accordance with this Law, carry out entry and exit animal and plant
quarantine.

    The department in charge of the quarantine of animal products leaving the
country for trade purposes shall be designated by the State Council as it
deems appropriate.

    The department of agriculture administration under the State Council
shall be in charge of the entry and exit animal and plant quarantine in the
whole country.

    Article 4  A port animal and plant quarantine office may exercise the
following functions and powers when performing quarantine inspection:

    (1) Embarking on a ship, a vehicle or an airplane to perform quarantine
under this Law;

    (2) Entering a seaport, an airport, a railway or coach station, a post
office or a site where quarantine objects are stored, processed, bred or
cultivated, to perform quarantine inspection and collect samples according to
relevant regulations;

    (3) Entering a site relating to production or storage according to the
needs of quarantine, to carry out epidemic monitoring and investigations or
quarantine supervision and control;

    (4) Consulting, making copies of or excerpts from operational diaries,
bills of lading, contracts, invoices or other documents relating to the
quarantine objects.

    Article 5  The State shall prohibit the following objects from entering
the country:

    (1) Pathogenic micro-organisms (including seed cultures of bacteria and
viruses) of animals and plants, insect pests and other harmful organisms;

    (2) Relevant animals and plants, their products and other quarantine
objects from countries or regions with prevalent epidemic animal or plant
diseases;

    (3) Animal carcasses; and

    (4) Soil.

    When a port animal and plant quarantine office discovers any objects
prohibited from entering the country as prescribed in the preceding
paragraph, such objects shall be returned or destroyed.

    Whoever, because of special needs such as scientific research, imports
any objects prohibited from entering the country as prescribed in the first
paragraph of this Article, must submit an application in advance, which shall
be subject to the approval by the State animal and plant quarantine
department.

    The catalogues of objects prohibited from entering the country as
prescribed in (2) of the first paragraph of this Article shall be worked out
and announced by the department of agriculture administration under the State
Council.

    Article 6  In the event that a serious animal or plant epidemic occurs
abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to
prohibit means of transport from animal or plant epidemic areas from entering
the country or to blockade the relevant ports; the local people’s governments
in areas threatened by the animal or plant epidemic as well as the port
animal and plant quarantine offices concerned shall immediately take
emergency measures, and, at the same time, report to the people’s governments
at higher levels and the State animal and plant quarantine department.

    The departments of posts and telecommunications and departments of
transportation shall give priority to transmitting or transporting reports
concerning serious animal or plant epidemic or materials to be sent for
quarantine inspection.

    Article 7  The State animal and plant quarantine department and port
animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and
storage of animals and plants and their products for entry or exit.

    Article 8  When a port animal and plant quarantine office is carrying out
its tasks of quarantine inspection in seaports, airports, railway or coach
stations, or post offices, relevant departments such as the Customs,
departments of communications, civil aviation, or railways, and postal
services shall coordinate therewith.

    Article 9  Any quarantine functionary of an animal and plant quarantine
organ must be devoted to his or her duties and enforce the law impartially.

    No unit or individual may obstruct a quarantine functionary of an animal
and plant quarantine organ from carrying out his or her duties according to
law.
Chapter II  Entry Quarantine

    Article 10  Whoever imports animals, animal products, plant seeds,
seedlings or other propagating materials must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

    Article 11  Whoever imports animals and plants, their products or other
quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the
requirements for quarantine inspection prescribed by China’s law and the
necessity of quarantine certificates issued by the animal and plant
quarantine department under the government of the exporting country or region
being appended therewith.

    Article 12  The owner or his or  her agent shall apply to the port animal
and plant quarantine office at the port of entry for quarantine inspection of
the animals and plants, their products or other quarantine objects, before or
on their entry, on the strength of documents such as the quarantine
certificates issued by the exporting country or region and the trade
contracts.

    Article 13  On arrival at a port of a means of transport for carrying
animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of
persons embarking on or disembarking from the means of transport or having
contacts with the animals, the means of transport for carrying the animals
and the contaminated fields.

    Article 14  Import animals and plants, their products and other
quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be
unloaded from the means of transport.

    The import animals and plants that need to be placed in isolation for
quarantine inspection shall be quarantined in an isolation court designated
by the port animal and plant quarantine office.

    By reason of limited conditions at the port of entry, the State animal
and plant quarantine department may decide to have the animals and plants,
their products or other quarantine objects transported to a designated place
for quarantine inspection. In the course of transportation, loading and
unloading, the owner or his or her agent shall take preventive measures
against epidemics. Designated places for storage, processing, isolated
feeding or planting shall conform to the provisions on animal and plant
quarantine and epidemic prevention.

    Article 15  The import animals and plants, their products or other
quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.

    In respect of the import animals and plants, their products or other
quarantine objects that need to be transferred away from a customs
surveillance zone for quarantine inspection, the Customs shall, after
verification, release the same on the strength of the Quarantine Transference
Notice issued by the port animal and plant quarantine office.

    Article 16  In respect of the import animals that fail in the quarantine
inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal
with the said animals in either of the following manners:

    (1) The animals that are found suffering from Class A infectious or
parasitic diseases, shall, together with all the other in-contact animals,
be returned or slaughtered with their carcasses destroyed; or

    (2) The animals that are found suffering from Class B infectious or
parasitic diseases shall be returned or slaughtered; and the other incontact
animals shall be placed in an isolation camp or any other designated place
for observation.

    In respect of import animal products or other quarantine objects that
fail in the quarantine inspection, the port animal and plant quarantine
office shall issue the Quarantine Treatment Notice notifying the owner or his
or her agent to conduct such treatments as disinfection and disinfestation,
returning or destruction. The products or objects that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.

    Article 17  On discovering through quarantine inspection that import
plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the
owner or his or her agent to conduct such treatments as disinfection and
disinfestation, returning or destruction. Those that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.

    Article 18  The catalogues of the Class A and Class B infectious or
parasitic diseases of animals specified in Article 16, paragraph 1, Items 1
and 2 of this Law and the catalogues of the diseases, pests or weeds
dangerous to plants specified in Article 17 of this Law shall be worked out
and announced by the department of agriculture administration under the State
Council.

    Article 19  On discovering through quarantine inspection that import
animals and plants, their products or other quarantine objects are
contaminated with diseases, insect pests or harmful organisms which are not
covered by the catalogues specified in Article 18 of this Law but are
extremely harmful to agriculture, forestry, animal husbandry and fishery, the
port animal and plant quarantine office shall, in accordance with relevant
regulations of the department of agriculture administration under the State
Council, notify the owner or his or her agent to conduct such treatments as
disinfection and disinfestation, returning or destruction. Those that pass
the quarantine inspection after a treatment of disinfection and
disinfestation are allowed to enter the country.
Chapter III  Exit Quarantine

    Article 20  The owner, or his or her agent, of exit animals and plants,
their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant
quarantine office.

    The animals that need to be placed in isolation for quarantine inspection
before exit shall be quarantined in an isolation court designated by the port
animal and plant quarantine office.

    Article 21  Export animals and plants, their products or other quarantine
objects shall be quarantined by the port animal and plant quarantine office,
and those that pass the quarantine inspection or conform to the standards
after a treatment of disinfection and disinfestation are allowed to leave the
country. The Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.
Those that fail in the quarantine inspection and are unable to be treated by
disinfection and disinfestation with effective methods shall not be allowed
to leave the country.

    Article 22  Where the animals and plants, their products or other
quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for
quarantine inspection:

    (1) Where the importing country or region is changed, and the changed
importing country or region has different requirements for quarantine
inspection;

    (2) Where the packings are changed or the unpacked products or objects
are subsequently packed;

    (3) Where the stipulated valid period of quarantine is exceeded.
Chapter IV  Transit Quarantine

    Article 23  Whoever requests a transit of animals through the Chinese
territory must obtain in advance and through consultation the consent of
China’s State animal and plant quarantine department and the transit must be
conducted through the designated port and route.

    The means of transport, containers, feeding stuffs and bedding materials
for the animals in transit must all conform to China’s regulations on animal
and plant quarantine.

    Article 24  The transit of animals and plants, their products or other
quarantine objects requires the consignor or the escort to submit at the port
of entry the bills of lading and the quarantine certificates issued by the
animal and plant quarantine department under the government of the exporting
country or region to the port animal and plant quarantine office for
quarantine inspection. No further quarantine inspection is needed at the port
of exit.

    Article 25  The transit animals that pass the quarantine inspection are
allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of
this Law is discovered, the entire flock of the animals shall not be allowed
to transit.

    The transit animals’ feeding stuffs that are contaminated with diseases,
insect pests or harmful organisms shall be subjected to such treatments as
disinfection and disinfestation, denial of transit or destruction.

    The carcasses, excrements, bedding materials and other wastes of the
transit animals must be disposed of in accordance with the regulations of the
animal and plant quarantine department, and may not be cast away without
authorization.

    Article 26  The port animal and plant quarantine office shall examine the
means of transport and the packings, in respect of the transit plants, animal
and plant products or other quarantine objects, which are allowed to transit
through the country if they pass the quarantine inspection; in case any
disease, insect pest or harmful organism specified in the catalogues as
stipulated in Article 18 of this Law is discovered, it shall be subjected to
a treatment of disinfection and disinfestation or denial of transit.

    Article 27  Animals and plants, their products or other quarantine
objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant
quarantine organ.
Chapter V  Quarantine of Materials Carried by Passengers or by Post

    Article 28  Whoever intends to carry or post plant seeds, seedlings or
other propagating materials into the country must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

    Article 29  The catalogues of the animals and plants, their products and
other quarantine objects that are not allowed to be carried or posted into
the country shall be worked out and announced by the department of
agriculture administration under the State Council.

    In case any animals or plants, animal or plant products or other
quarantine objects specified in the catalogues mentioned in the preceding
paragraph are carried or posted into the country, they shall either be
returned or destroyed.

    Article 30  Whoever enters the country carrying animals or plants, animal
or plant products or other quarantine objects which are not included in the
catalogues specified in Article 29 of this Law shall declare them to the
Customs at the port of entry and accept the quarantine inspection by the port
animal and plant quarantine office.

    Whoever carries animals into the country must hold such papers as
quarantine certificates issued by the exporting country or region.

    Article 31  The port animal and plant quarantine office shall, in respect
of the animals and plants, their products or other quarantine objects not
included in the catalogues specified in Article 29 of this Law, carry out
quarantine inspection at the International Postage Exchange Bureau, or, when
necessary, take the same back to the port animal and plant quarantine office
for quarantine inspection; and the same shall not be transported or delivered
without undergoing quarantine inspection.

    Article 32  Animals or plants, animal or plant products or other
quarantine objects that enter the country by post shall be released if they
pass the quarantine inspection or conform to the standards after the
treatment of disinfection and disinfestation; those that fail in quarantine
inspection and are unable to be treated by disinfection and disinfestation
with effective methods shall be returned or destroyed, and the Quarantine
Treatment Notice shall be issued.

    Article 33  The animals or plants, animal or plant products or other
quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by
the owner thereof.
Chapter VI  Quarantine of Means of Transport

    Article 34  Ships, airplanes or trains from the animal or plant epidemic
areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or
harmful organism specified in the catalogues mentioned in Article 18 of this
Law is discovered, the cargoes shall be subjected to such treatments as
prohibition from discharge from the means of transport,disinfection and
disinfestation, sealing up or destruction.

    Article 35  Vehicles entering the country shall be disinfected for
epidemic prevention by the port animal and plant quarantine office.

    Article 36  The swills and wastes of animal or plant nature on the means
of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine
office and may not be cast away without authorization.

    Article 37  The means of transport carrying export animals and plants,
their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.

    Article 38  The old and disused ships entering the country for
disassembling purposes shall be quarantined by the port animal and plant
quarantine office. In the event that diseases, insect pests or harmful
organisms specified in the catalogues mentioned in Article 18 of this Law are
discovered, the said ships shall be subjected to a treatment of disinfection
and disinfestation.
Chapter VII  Legal Responsibility

    Article 39  Whoever, in violation of this Law, commits any of the
following acts shall be fined by the port animal and plant quarantine office:

    (1) Failing to apply for quarantine inspection or failing to go through
the formalities for examination and approval of quarantine inspection in
accordance with the law;

    (2) Unloading animals or plants, animal or plant products or other
quarantine objects entering the country from the means of transport or
transporting or delivering the same, without permission of the port animal
and plant quarantine office;

    (3) Transferring or disposing of, without authorization, the animals or
plants subjected to quarantine inspection in an isolation court designated by
the port animal and plant quarantine office.

    Article 40  Where the animals or plants, animal or plant products or
other quarantine objects declared for quarantine inspection do not conform to
the actual conditions, the applicant shall be fined by the port animal and
plant quarantine office; and the quarantine certificates already obtained
shall be revoked.

    Article 41  Whoever, in violation of this Law and without authorization,
unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or
plant products or other quarantine objects from the means of transport, or
casts away transit animals’ carcasses, excrements, bedding materials or other
wastes,shall be fined by the port animal and plant quarantine office.

    Article 42  Whoever violates the provisions of this Law and causes
a serious animal or plant epidemic shall be investigated for criminal
responsibility by applying mutatis mutandis the provisions of Article 178 of
the Criminal Law.

    Article 43  Whoever forges or alters the quarantine certificates, stamps,
marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

    Article 44  If a party is not satisfied with the decision on punishment
made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to
the organ at the next higher level over the organ that has made the decision
on punishment; the party may also directly bring a suit in a people’s court
within 15 days after receipt of the notification of the punishment.

    The reconsideration organ shall, within 60 days after receipt of the
application for reconsideration, make a reconsideration decision. If the
party is not satisfied with the reconsideration decision, it may, within 15
days after receipt of the reconsideration decision, bring a suit in a
people’s court. If the reconsideration organ fails to make a reconsideration
decision within the prescribed period, the party may bring a suit within 15
days after the expiration of the period for reconsideration.

    If the party neither applies for reconsideration within the time limit,
nor brings a suit in a people’s court, nor complies with the decision on
punishment, the organ that has made the decision on punishment may apply to
a people’s court for compulsory execution.

    Article 45  Where a quarantine functionary of an animal and plant
quarantine organ who abuses his or her power, practises favouritism or
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and the issuance of
certificates, criminal responsibility shall be investigated according to law
if the offence constitutes a crime; if the offence does not constitute a
crime, the offender shall be subjected to administrative sanctions.
Chapter VIII  Supplementary Provisions

    Article 46  As used in this Law, the following terms respectively mean:

    (1) “Animals” mean the live animals, whether domesticated or wild, such
as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps and prawns,
crabs, shellfishes, silkworms and bees;

    (2) “Animal products” mean the nonprocessed products or the processed
products, from animals, still liable to spread epidemic diseases, such as raw
hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy
products, eggs, blood, semens, embryos, bones, hoofs and horns;

    (3) “Plants” mean cultivated plants, wild plants, their seeds and
seedlings and other propagating materials;

    (4) “Plant products” mean the non-processed products or the processed
products, from plants, still liable to spread diseases, insect pests or
harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco,
kernel, dried fruits, fresh fruits, vegetables, raw medicinal herbs, logs and
feeding stuffs;

    (5) “Other quarantine objects” mean animal vaccine, blood serum,
diagnostic reagents, wastes of animal or plant nature.

    Article 47  If provisions of this Law contravene those of the
international treaties concerning animal and plant quarantine which the
People’s Republic of China has concluded or to which China is a party, the
provisions of the international treaties concerned shall prevail, with the
exception of the treaty clauses on which the People’s Republic of China has
declared reservations.

    Article 48 &n

INTERIM PROVISIONS CONCERING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT

Interim Provisions Concering Compensation for Bodily Injury of Passengers in Domestic air TransporT

     Important Notice:This English document is coming from the “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING
FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s
Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese
shall prevail.

Whole Document INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OFPASSENGERS IN DOMESTIC AIR TRANSPORT(Adopted
at the 31st Executive Meeting of the State Council onJanuary 3, 1989,

promulgated by Decree No. 28 of the State Council of thePeople’s Republic of China on February 20, 1989 and become effective as ofMay
1, 1989)

   Article 1These Provisions are formulated for the purpose of defining the civilliability that domestic air carriers shall bear for the
bodily injury ofpassengers.Article 2These Provisions shall apply to the compensation for the bodily injury ofpassengers that occur
in domestic air passenger transportation.The term “domestic air passenger transportation” referred to in thepreceding paragraph
denotes any air passenger transportation in which,according to the contract of carriage, the place of departure, the agreedstops,
and the destination are all within the territory of the People’sRepublic of China.Article 3The carriers shall be liable for
compensation for death and injurysustained by passengers on board an aircraft or in the course ofembarkation or disembarkation.Article
4The carriers shall not be liable for compensation provided they can provethat death or injury of passengers is caused by force
majeure or by thepassengers’ own health conditions.Article 5The carriers’ liability to pay compensation may be reduced or
exemptedprovided they can prove that the death or injury of passengers is causedby the negligence or wilful misconducts on the
part of the passengersthemselves.Article 6The maximum amount of compensation shall be 70,000 Renminbi yuan for eachindividual
passenger, for which the carriers are liable for compensationas under these Provisions.Article 7Passengers may at their own discretion
to cover with an insurance companyan insurance against accidental bodily injury in air transportation. Thepayment of the insurance
indemnity, however, shall not exempt or reducethe amount of compensation that the carriers shall be liable for paying.Article
8Compensation paid to foreigners, overseas Chinese, compatriots from HongKong and Macao, and compatriots from Taiwan may be
converted into thecurrency of the country or region concerned and the rate of exchange shallbe decided as per the listed rate of
exchange officially published by theState Administrative department for control of foreign exchange of thePeople’s Republic
of China on the day on which the compensation is paid.Article 9In the event that a dispute with respect to the compensation for
injuryarises between the passengers or their heir and the carrier, they may filea suit with the people’s court.Article 10The Civil
Aviation Administration of China shall be responsible for theinterpretation of these Provisions.Article 11These Provisions shall
become effective as of May 1, 1989 and theRegulations Concerning Compulsory Insurance Against Accidental Injury forAir
Passengers promulgated by the Financial & Economic Commission of theAdministration Council of the People’s Republic of China on
April 24, 1951shall be nullified simultaneously.

    





INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

Interim Regulations on Encouraging Foreign Investment in the Development and Management of Whole Tracts of Land

     (Effective Date:1991.05.17–Ineffective Date:)

   Article 1. In order to further encourage foreign investment in the development and management of whole tracts of land and to bring in technologically
advanced and export-oriented enterprises, the Regulations hereof are formulated in line with the “Interim procedures for the Administration
of Foreign Investment in the Development and Management of Whole Tracts of Land” issued by the State Council, the “Interim Regulations
Governing Leasing and Transfer of the Right to use State-Owned Land in Urban Areas,” other relevant regulations and the concrete
conditions in this province.

   Article 2. Foreign investors developing and managing whole tracts of land, as stated in the Regulations, means the comprehensive development
of state-owned land as planned. This is carried out after acquisition of the right to use that land, including leveling the ground,
building the drainage and water, power and heat supply systems, and road transport. Communications and other public facilities to
lay down appropriate conditions for industrial and other construction purpose. Then land developers can proceed with the transfer
of land-use right and the operation of public utilities, or building general-purpose factory buildings, supporting facilities in
the service of production and people’s livelihood, and other buildings erected on the ground; and transferring or leasing these buildings
to others.

The projects of foreign investors developing and managing whole tracts of land must be conducted in special economic zones, coastal
open cities and their economic and technological development zones, and coastal economic open areas. For such projects within the
stipulated limits that the provincial people’s government is authorized to examine and approve, their written project proposals and
feasibility study reports shall be submitted to the government for examination and approval (but, written proposals and feasibility
study reports of projects belonging to the city of xiamen shall be submitted to the Xiamen municipal government for examination and
approval.)

   Article 3. the development and management of whole tracts of land by foreign investors must be conducted in accordance with regulations enacted
by the state regarding development and management of whole tracts of land; the overall design of the area development project must
be in conformity with the regional planning and the overall urban planning and design of the places where the projects are located;
and the overall design of the area development project must meet the requirements for transportation, urban construction and environmental
protection. The use of the developed land in the development areas shall focus on production; the projects introduced into such areas
shall be in line with the state industrial policies and shall go through the stipulated procedures on submitting written proposals
to the related authorities for examination and approval.

   Article 4. After legitimately obtaining the land-use right, the development enterprises shall have the right to engage in development and construction
in the development areas according to the approved overall land development programme; to lease or transfer the land-use right of
the areas that they have already invested in and developed to others in accordance with terms prescribed in the contracts; to bring
other enterprises into the development areas according to the state industrial policies; and to manage water and power supply facilities
developed by the development enterprises themselves in the development areas. The term of leasing out the land-use right usually
lasts for 50 years, but upon its expiry, the term can be extended by going through the land-use right leasing extension procedures
according to law if it is so wished by the foreign investors.

If the land-use right transferee fails to use the land two years after the transfer is completed, the government has the right to
withdraw the land-use right according to law. During the development period, if the foreign investors fail to develop and use the
whole areas of land according to the contracts, the government has the right to withdraw the land-use right of the part of the development
areas that has not yet been utilized.

   Article 5. In the development areas, the land used for production shall not account for less than 80% of the total development area and the
land used for supporting facilities for people’s livelihood and services shall be controlled within 20% of the total development
area. Land used for building hospitals, schools, day-care centres and other public facilities with foreign investment or land used
for building offices for administrative branches of the government may not be included in the aforesaid percentages.

   Article 6. The development enterprises and foreign-funded enterprises in the development areas shall be exempted from the levy of land-use fees
during the construction period as prescribed in the contracts; technologically advanced and export-oriented enterprises scheduled
to operate for more than 10 years shall, after their status is confirmed by the relevant authorities, be exempted from the land-use
fees for five years; and projects involving development of science and technology, education, culture, medical work and public health,
public welfare causes and capital construction which are encouraged by the state may apply for exemption or reduction of land-use
fees.

Enterprises engaged in development of whole tracts of land on waste hills, wasteland and waste beaches shall be exempted from land-use
fees for 20 years (including the construction period).

   Article 7. the same standards for levying charges on provision of water, power, gas, transport and communication services for the state enterprises
shall be applied to productive enterprises in the development areas. However, the latter shall pay the fees for capacity expansion
and introduction of supporting facilities in accordance with the state regulations. The development enterprises investing in the
construction of supporting facilities of water and power supply outside the development areas shall be exempted from the fees of
capacity expansion and introduction of supporting facilities pertaining to electric voltage and water resources at the level of aforesaid
construction. The standards for levying charges on using waterpower supply and other public productive facilities constructed by
the development enterprises in the development areas may be set by the development enterprises in the development enterprises themselves
and they may also enjoy the autonomy in managing such facilities. If there is a surplus in the capacity of the facilities, it is
necessary for the development enterprises to supply the surplus to users outside the development areas or to connect these utilities
with networks there. the development enterprises shall sign contracts with the local public utilities enterprises pursuant to the
relevant regulations enacted by the state and engage in operation according to the terms prescribed in the contracts.

   Article 8. In order to simplify the procedures for examining and approving the establishment of foreign-funded enterprises in the development
areas, an appraisal of the overall environmental impact in such areas shall be conducted to control the total number and to regularly
monitor the operation of enterprises in the development areas and the appraisal shall be examined and approved by the environmental
protection departments. The standards for fire-fighting, labour safety and protection, earthquake prevention and greening projects
shall be controlled at a regional level and shall be included into the same overall development programme submitted to the relevant
authorities for examination and approval. The development enterprises must see to it that the foreign-funded enterprises in the development
areas meet the foreign-funded enterprises in the development areas meet the aforesaid requirements; the relevant government departments
shall supervise the implementation of this provision according to law.

   Article 9. The development areas shall enjoy the policies offered to key industrial satellite towns (except for development areas located in
special economic zones and economic and technological development zones). Upon the expiry of their period for tax exemption or reduction,
export-oriented enterprises whose status has been confirmed by related authorities may enjoy a 50% reduction in the enterprise income
tax in the year when more than 70% of their products are exported. Upon the expiry of their period for tax exemption or reduction,
enterprises using advanced technology may enjoy a 50% reduction in the enterprise income tax for an extended period of three years.

If the development areas are isolated experimental zones for importing improved agricultural varieties and fine breeds and their establishment
has been approved by the provincial government, income form experimental projects of importing improved varieties and fine breeds
in such development areas shall be exempted from industrial and commercial consolidated tax for five years and such experimental
projects shall be exempted from enterprise income tax for five years starting from the first profit-making year.

   Article 10. Equipment for production and management, building materials, and vehicles for productive use imported by the development enterprises
that are also productive enterprises within their total investment; means of transport and office equipment imported by the enterprises
according to related regulations and for the use of the enterprises themselves; and reasonable amounts of goods and means of transport
imported by foreign investors and employees of the development enterprises for the use of themselves and their households shall be
exempted from custom duties and industrial and commercial consolidated tax. The above-mentioned equipment and goods imported by foreign-funded
enterprises in the development areas shall be handled in accordance with the relevant regulations issued by the customs.

   Article 11. To meet the needs of the foreign-funded enterprises in the development areas for production, storage and transport, upon approval
of the customs, the development enterprises may set up bonded storehouses and the export-oriented enterprises in such areas may set
up bonded factories. The products transferred among chain enterprises in the development areas for processing and products for indirect
export may also be bonded.

   Article 12. In the development areas, foreign investors shall be permitted to set up the tertiary industry to serve the production and people’s
livelihood in such areas in order to further boost the economic development and improve the investment environment there.

   Article 13. The employees of foreign-funded enterprises in the development areas can be recruited from among the job-waiting people in this province.
The local labour departments shall take care of the employee-recruiting procedures and report the employment for record to the labour
departments in localities where the newly-recruited hold the residential papers.

The enterprises have the right to set their own salary standards and to recruit or dismiss their employees in accordance with laws.

   Article 14. The administration of the development areas shall be executed by the agencies jointly set up by the competent authorities and local
governments.

   Article 15. The present Regulations are applicable to Sino-foreign joint ventures, Sino-foreign cooperative production enterprises and solely
foreign-funded enterprises that are engaged in projects of development and management of whole tracts of land. Corporations, enterprises
and other economic institutions as well as individuals from Hongkong, Macau and Taiwan that invest and engage in the development
of whole tracts of land may do so with reference to these Regulations.

   Article 16. These Regulations shall taken effect on the day they are promulgated and the authority for interpretation of these Regulations rests
with the Office of Special Economic Zones under the People’s Government of Fujian Province.

    





PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

Category  LABOUR ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-02-22 Effective Date  1991-05-01  


Provisions on the Report and Handling of Casualty Accidents to Enterprises Employees

Chapter I  General Provisions
Chapter II  Report of Accidents
Chapter III  Investigation of Accidents
Chapter IV  Handling of Accidents
Chapter V  Supplementary Provisions

(Promulgated by Decree No.75 of the State Council of the People’s Republic

of China on February 22, 1991 and effective as of May 1, 1991)
Chapter I  General Provisions

    Article 1  These Provisions are enacted for the purposes of promptly
reporting, counting, investigating and handling casualty accidents to
enterprises employees, actively taking preventive measures and forestalling
casualty accidents.

    Article 2  These Provisions apply to all enterprises within the territory
of the People’s Republic of China.

    Article 3  “Casualty accidents” used in these Provisions refers to
accidents of personal injury and acute poisoning to enterprises employees
occurring in the process of labour.

    Article 4  The principles of realism and scientism shall be maintained in
reporting, counting, investigating and handling casualty accidents.
Chapter II  Report of Accidents

    Article 5  The injured or other involved persons on the scene of a
casualty accident shall, upon the occurrence of the accident, immediately
report to the enterprise principal directly or level by level.

    Article 6  An enterprise principal shall, upon the receipt of a report on
a serious injury, death or heavy death accident, immediately report to the
department responsible for the enterprise, the labour department, the public
security authority, the people’s procuratorate and the trade union in the
place where the enterprise is located.

    Article 7  The department responsible for the enterprise and the labour
department shall, upon the receipt of a report on a death or heavy death
accident, immediately report to higher departments level by level according to
their respective administrative relationship; a death accident shall be
reported to the provincial, autonomous regional or municipal level and a heavy
death accident to the competent department and the labour department of the
State Council.

    Article 8  An enterprise suffering a death or heavy death accident shall
keep the scene of the accident and shall promptly take necessary measures in
saving persons and property and avoiding the extension of the accident.
Chapter III  Investigation of Accidents

    Article 9  An enterprise principal or his authorized person shall organize
an investigation group which is composed of personnel in charge of production,
technology and safety and the trade union members to investigate a slight or
serious injury accident.

    Article 10  The department responsible for the enterprise shall consult
with the labour department, the public security authority and the trade union
at the level of districted city (or at the level equivalent to a districted
city) in the place where the enterprise is located to form an investigation
group to investigate a death accident.

    The department responsible for the enterprise at the provincial,
autonomous regional or municipal level or the competent department of the
State Council shall, according to the administrative relationship to the
enterprise, consult with the labour department, the public security authority,
the administrative supervision department and the trade union at the same
level to form an investigation group to investigate a heavy death accident.

    The investigation groups mentioned in the preceding two paragraphs shall
invite the people’s procuratoriats to join in, and may also invite other
departments and relevant experts to join in.

    Article 11  Members of the investigation group shall meet the following
requirements:

    (1) having expertise in a certain field necessary for the investigation of
the accident; and

    (2) not having personal interests in the accident.

    Article 12  The functions of the investigation group are:

    (1) to ascertain the cause and course of the accident and the number of
casualties and the state of economic losses;

    (2) to determine the person responsible for the accident;

    (3) to make a proposal for handling the accident and taking preventive
measures; and

    (4) to give a investigation report on the accident.

    Article 13  The investigation group has power to collect information and
demand materials relating to the accident from the enterprise suffering the
accident and any involved organization and individual who may not refuse to
assist.

    Article 14  If the investigation group disagrees in analysing the accident
and handling the person responsible for the accident upon ascertaining the
facts, the labour department has power to raise a conclusive opinion. If the
disagreement remains, the case shall be referred to the higher labour
department for handling in consultation with relevant departments. Should the
departments disagree, the case shall be referred to the people’s government at
the same level for decision. However, the time limit for handling the accident
shall not be exceeded.

    Article 15  No organization or individual may obstruct and interfere in
the normal working of the investigation group.
Chapter IV  Handling of Accidents

    Article 16  An enterprise suffering an accident and its responsible
department shall deal with the proposals made by the investigation group for
handling the accident and taking preventive measures.

    Article 17  Where anyone causes an accident by neglecting production
safety, commanding or operating against rules and regulations, neglecting
duties or failing to take effective measures upon finding potential dangers of
accidents or damages, the department responsible for the enterprise or the
enterprise shall, in accordance with the relevant provisions of the state,
impose disciplinary sanctions on the enterprise principle and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

    Article 18  Where anyone, in violation of these Provisions, conceals, or
falsely reports, or deliberately delays reporting an accident, or
deliberately destroys the scene of an accident, or refuses to accept
investigation and refuses to provide information and materials relating to an
accident without justified reasons, the competent department shall, in
accordance with the relevant provisions of the state, impose disciplinary
sanctions on principals of involved organizations and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

    Article 19  Where anyone neglects his duties, bends laws for his personal
interests, or makes retaliation when investigating and handling a casualty
accident, the organization to which he belongs shall, in accordance with the
relevant provisions of the state, impose disciplinary sanctions on him; if a
crime has been constituted, the judicial organ shall investigate for criminal
responsibilities.

    Article 20  The work for handling a casualty accident shall be closed
within 90 days, or 180 days if the circumstances are special. The conclusion
shall be published after the closing of handling a casualty accident.
Chapter V  Supplementary Provisions

    Article 21  The labour department of the State Council shall, in
accordance with the relevant provisions of the state, formulate measures of
casualty statistics and report forms in consultation with the statistics
department of the State Council.

    The labour department of the State Council shall, in consultation with the
relevant department of the State Council, formulate measures to determine
economic losses in casualty accidents and measures to classify accidents.

    Provisions governing the investigation and handling of casualty accidents
in other laws and regulations than these Provisions shall prevail.

    Article 22  The labour departments shall supervise and inspect the
implementation of these Provisions by enterprises.

    Article 23  In the case of specially serious accidents, relevant
provisions of the state shall apply.

    Article 24  Casualty accidents suffered by state organs, institutions and
mass organizations shall be handled with reference to these Provisions.

    Article 25  The labour department of the State Council shall be
responsible for the interpretation of these Provisions.

    Article 26  These Provisions shall enter into force as of May 1, 1991.
Procedures for the Report of Casualty Accidents to Workers and Staff
promulgated by the State Council in 1956 shall be repealed at the same time.





MEASURES OF THE TIANJIN HARBOUR FREE TRADE ZONE FOR ADMINISTRATION OF PLANNING AND CONSTRUCTION

Measures of the Tianjin Harbour Free Trade Zone for Administration of Planning and Construction

     (Effective Date:1991.09.16–Ineffective Date:)

   Article 1 With a view to guaranteeing the implementation of the overall regional plan for the Tianjin Harbour Free Trade Zone (hereinafter
referred to as the Free Trade Zone), the measures are hereby formulated in accordance with “The Law of the People’s Republic of China
on Urban Planning” and other relevant laws and regulations.

   Article 2 The land use and and various kinds of structures in the Free Trade Zone shall meet the requirement of the “General Plan of Tianjin,”
the “General Lay-Out of the Tianjin Harbour” and the “General Zoning Plan of the Tianjin Harbour Free Trade Zone”.

   Article 3 The planning and administrative departments in the Free Trade Zone are responsible for the administration of planning and construction
within the Free Trade Zone and accept the business guidance by the Municipal Planning Bureau.

   Article 4 The Free Trade Zone Administrative Committee (hereinafter referred to as the “Administrative Committee”) is responsible for formulating
the overall regional plan of the Free Trade Zone. After the examination and verification by the Municipal Planning Bureau, it can
be organized for implementation with the approval of the Municipal People’s Government.

   Article 5 Applicants for land needed for construction in the Free Trade Zone shall hold the approved document on the construction project and
make an application to the Administrative Committee for the fixed spot. The Planning and Administrative Departments in the Free Trade
Zone, together with the Land and Environmental Protection Departments in the Free Trade Zone, shall verify the location and demarcation
line of the land and issue the license of construction land and go through the procedures for the use of land at the Land Administrative
Department in the Free Trade Zone.

   Article 6 Those who want to construct, expand and rebuild various kinds of buildings and structures, roads, pipelines and other engineering
facilities in the Free Trade Zone may apply to the Administrative Committee with the relevant approved documents. With the examination
and verification of the land use right and with the stamp or signature by the Land Administrative Department in the Free Trade Zone,
together with the Planning Administrative Department in the Free Trade Zone, the Planning and Administrative Departments shall verify
and issue the license of construction project planning. After obtaining construction project planning license, the construction unit
may apply for performing the procedures for construction.

   Article 7 The Administrative Department is responsible for the examination and approval of the construction of engineering pipelines in the
Free Trade Zone. Those pipelines that run beyond the Free Trade Zone shall be handled in accordance with the relevant stipulations.

   Article 8 Those who want to use land temporarily and build temporary structures in the Free Trade Zone shall go through the relevant procedures
at the Planning and Administrative Department in the Free Trade Zone. It is strictly forbidden to build permanent buildings, structures
and other facilities within the land limit for temporary use. Land for temporary use and temporary buildings shall be handed over
and removed within the approved period and the site shall be put in order in accordance with the requirement of the Planning and
Administrative Department in the Free Trade Zone. Land for temporary use and temporary buildings is not permitted to be subleased
and changed, nor can the nature of its use be changed.

   Article 9 The Planning and Administrative Departments in the Free Trade Zone are in charge of supervising and dealing with unlawful construction.

   Article 10 The Tianjin Municipal People’s Government is responsible for the interpretation of these measures.

   Article 11 These measures shall come into force as of the date of promulgation.

    





NATIONALITY LAW

Nationality Law of the People’s Republic of China

     Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING
FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s
Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese
shall prevail.

Whole Document NATIONALITY LAW OF THE PEOPLE’S REPUBLIC OF CHINA(Adopted at the Third Session of the Fifth National
People’sCongress, promulgated by Order No. 8 of the Chairman of the StandingCommittee of the National People’s Congress
on and effective as ofSeptember 10, 1980)Article 1This Law is applicable to the acquisition, loss and restoration ofnationality
of the People’s Republic of China.Article 2The People’s Republic of China is a unitary multinational state; personsbelonging to
any of the nationalities in China shall have Chinesenationality.Article 3The People’s Republic of China does not recognize
dual nationality for anyChinese national.Article 4Any person born in China whose parents are both Chinese nationals or oneof whose
parents is a Chinese national shall have Chinese nationality.Article 5Any person born abroad whose parents are both Chinese nationals
or one ofwhose parents is a Chinese national shall have Chinese nationality. But aperson whose parents are both Chinese nationals
and have both settledabroad, or one of whose parents is a Chinese national and has settledabroad, and who has acquired foreign
nationality at birth shall not haveChinese nationality.Article 6Any person born in China whose parents are stateless or of
uncertainnationality and have settled in China shall have Chinese nationality.Article 7Foreign nationals or stateless persons who
are willing to abide by China’sConstitution and laws and who meet one of the following conditions may benaturalized upon approval
of their applications:(1) they are near relatives of Chinese nationals;(2) they have settled in China; or(3) they have other legitimate
reasons.Article 8Any person who applies for naturalization as a Chinese national shallacquire Chinese nationality upon approval
of his application; a personwhose application for naturalization as a Chinese national has beenapproved shall not retain
foreign nationality.Article 9Any Chinese national who has settled abroad and who has been naturalizedas a foreign national or has
acquired foreign nationality of his own freewill shall automatically lose Chinese nationality.Article 10Chinese nationals who meet
one of the following conditions may renounceChinese nationality upon approval of their applications:(1) they are near relatives
of foreign nationals;(2) they have settled abroad; or(3) they have other legitimate reasons.Article 11Any person who applies for
renunciation of Chinese nationality shall loseChinese nationality upon approval of his application.Article 12State functionaries
and military personnel on active service shall notrenounce Chinese nationality.Article 13Foreign nationals who once held
Chinese nationality may apply forrestoration of Chinese nationality if they have legitimate reasons; thosewhose applications
for restoration of Chinese nationality have beenapproved shall not retain foreign nationality.Article 14Persons who wish to
acquire, renounce or restore Chinese nationality, withthe exception of the cases provided for in Article 9, shall go through theformalities
of application. Applications of persons under the age of 18may be filed on their behalf by their parents or other
legalrepresentatives.Article 15Nationality applications at home shall be handled by the public securitybureaus of the municipalities
or counties where the applicants reside;nationality applications abroad shall be handled by China’s diplomaticrepresentative
agencies and consular offices.Article 16Applications for naturalization as Chinese nationals and for renunciationor restoration
of Chinese nationality are subject to examination andapproval by the Ministry of Public Security of the People’s Republic
ofChina. The Ministry of Public Security shall issue a certificate to anyperson whose application has been approved.Article 17The
nationality status of persons who have acquired or lost Chinesenationality before the promulgation of this Law shall remain
valid.Article 18This Law shall come into force on the day of its promulgation.

    





REGULATIONS ON REPORTING AND HANDLING FATAL ACCIDENTS OF WORKERS AND EMPLOYEES IN ENTERPRISES

Regulations on Reporting and Handling Fatal Accidents of Workers and Employees in Enterprises

     (Effective Date:1991.03.01–Ineffective Date:)

CHAPTER I GENERAL PRINCIPLES CHAPTER II REPORTING OF ACCIDENTS CHAPTER III INVESTIGATION OF ACCIDENTS CHAPTER IV HANDLING OF ACCIDENTS
CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 1 The present regulations are drawn up to ensure the timely reporting, tabulating, investigating and handling fatal accidents involving
workers and employees, taking active measures of prevention, and forestalling such accidents.

   Article 2 The present regulations are applicable to all enterprises within the territory of the People’s Republic of China.

   Article 3 The fatal accidents referred to in the present regulations are those causing personal harms and acute intoxication of workers and
employees in the course of work.

   Article 4 The work of reporting, tabulating, investigating and handling fatal accidents must be based on the principle of relying on facts
and being scientific.

CHAPTER II REPORTING OF ACCIDENTS

   Article 5 When a fatal accident happened, the injured or whoever at the site of accident should immediately report directly or via their superiors
to the top executives of the enterprise.

   Article 6 On receiving the report of an accident causing serious injuries, deaths, or major casualties, the top executives of the enterprise
should immediately report to the department in charge of the enterprise and the local labour department, the department of public
security, people’s procuratorate and the trade unions.

   Article 7 On receiving the report of a fatal or major fatal accident, the department in charge of the enterprise and the labour department
should immediately report to their superior authorities up to the departments in charge and the labour departments in the province,
autonomous region and municipality directly under the Central Government. Major fatal accidents should be reported to the departments
in charge and the labour departments in the State Council.

   Article 8 The enterprise where a fatal or major fatal accident happened should protect the site of the accident and take quick and necessary
measures to save the lives of personnel and property, and prevent the spreading of the accident.

CHAPTER III INVESTIGATION OF ACCIDENTS

   Article 9 In case of an accident causing light or serious injuries, the top executives of an enterprise or their appointees should organize
an accident investigation team with the participation of personnel from the production, technical and safety sectors as well as trade
union representatives to make investigation.

   Article 10 In case of a fatal accident, the departments in charge of the enterprise should form an accident investigation team together with
the local municipal (or its equivalent) labour department, department of public security, and trade unions to make investigation.

In case of a major fatal accident, the departments in charge of the enterprise at the provincial, autonomous regional and municipal
(municipalities under the Central Government) levels or the departments in charge in the State Council should form an accident investigation
team together with the labour department, department of public security, the procuratorate and trade union at the same level to make
investigation.

The accident investigation teams formed in accordance with the provisions of the two preceding paragraphs of the present Article should
invite the participation of the people’s procuratorate; they may also invite the participation of other departments and specialists.

   Article 11 Members of the accident investigation team should satisfy the following conditions:

(1) Specialized in any one aspect required in the investigation of an accident;

(2) Being not a party of direct interest to the accident.

   Article 12 Duties of the accident investigation team:

(1) Find out clearly the causes, occurrence, casualties and economic losses due to the accident;

(2) Determine the person(s) responsible for the accident;

(3) Put forward its opinions on the handling of the accident and proposals on the preventive measures to be taken;

(4) Write out the report on the investigation of the accident.

   Article 13 The accident investigation team has the right to ask for relevant information and data from the enterprise concerned and from related
units and personnel, and none of them should refuse its request.

   Article 14 After clarifying the circumstances of the accident, if the accident investigation team could not arrive at a unanimous view on the
analysis of the accident and the measures to deal with those responsible, the labour department has the right to put forward its
conclusions. After this, if opinions still differ, the team should report the case to a superior labour department to deal with the
case together with other departments concerned. Following this, if opinions yet differ, the case should be submitted to the people’s
government at the same level for arbitration. However, all this should not exceed the time limit imposed on handling the accident.

   Article 15 No unit or person is allowed to impede or interfere in the normal work of the accident investigation team.

   Article 16 The opinions of the accident investigation team for handling the accident and its proposals for preventive measures should be carried
out by the enterprise where the accident occurred and the department in charge of the enterprise.

   Article 17 In case of a fatal accident caused by a neglect of safety in production, giving directions in contravention to established rules
and regulations, working against rules, failure to observe duties or not taking effective measures in face of hidden hazards or dangers,
the department in charge of the enterprise or the enterprise itself in accordance with relevant provisions of the State should mete
out administrative punishment to top executives of the enterprise or the persons directly responsible. In case of a crime, the judicial
organs should investigate and affix the penal responsibilities in accordance with the law.

   Article 18 If in contravention to the present regulations an enterprise fail to report the occurrence of a fatal accident, or give false information,
intentionally delay reporting, intentionally destroy the site of accident, or refuse to accept investigation and refuse to provide
relevant information and data without proper reasons, the departments concerned should mete out administrative punishment toward
the executives of the unit in question and those directly responsible. In case of a crime, the judicial organs should make investigations
and affix the penal responsibilities in accordance with the law.

   Article 19 In the course of investigating and handling a fatal accident, if there were cases of derogation of duties, practice of favouritism
or taking retaliatory measures, the relevant units should mete out administrative punishment toward those responsible according to
State provisions. In case of a crime, the judicial organs should make investigations and affix the penal responsibilities in accordance
with the law.

   Article 20 The work of handling a fatal accident should conclude within 90 days. In special cases, it should not exceed 180 days. After winding
up a case of a fatal accident, the results should be publicly announced.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 21 The method of tabulation and the forms of tables of fatal accidents shall be prepared by the labour departments under the State Council
together with the statistical departments under the State Council in accordance with relevant stipulations.

The method of determining economic losses due to a fatal accident and the method of classification of accidents shall be prepared
by the labour departments and other relevant departments under the State Council. The existing laws and administrative regulations
otherwise drawn up for the investigation and handling of fatal accidents should be observed as they are.

   Article 22 The labour departments shall be responsible for the supervision and control of enterprises implementing the present regulations.

   Article 23 In case of extraordinarily major accidents, it should be handled in accordance with relevant State provisions.

   Article 24 Fatal accidents in government organs, institutions and people’s organizations should be handled with reference to the present regulations.

   Article 25 The right of interpretation of the present regulations rests with the labour departments of the State Council.

   Article 26 The present regulations come into effect as from May 1, 1991. At the same time, the ” Code of Reporting Fatal Accidents of Workers
and Employees” issued by the State Council in 1956 becomes null

    





REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

Category  TECHNOLOGICAL CONTROL Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-05-07 Effective Date  1991-05-07  


Regulations of the People’s Republic of China for the Administration of Product Quality Certification

Chapter I  General Provisions
Chapter II  Organization and Management
Chapter III  Qualifications and Procedures
Chapter IV  Testing Bodies and Inspectors
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Promulgated by Decree No. 83 of the State Council of the People’s

Republic of China on May 7, 1991, and effective as of the date of
promulgation)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in order to ensure quality of
products, improve the credibility of products, safeguard the interests of the
users and consumers, facilitate international trade, and promote
international cooperation in quality certification.

    Article 2  Product quality certification (hereinafter referred to as
certification) is an activity of a certification body, on the basis of
product standards and the relevant technical requirements and through its
confirmation and issuance of a certificate and certification mark, to certify
a product as in conformity with the relevant standards and technical
requirements.

    Article 3  When a product has its national or sector standards to refer
to, an enterprise may apply for its certification to the sector certification
committee set up either by the competent department of the standardization
administration under the State Council or by other departments authorized by
the competent department.  

    Products subject to the provisions of the State laws, administrative
regulations, or rules formulated by the competent department of the
standardization administration under the State Council together with the
relevant administrative departments under the State Council that without
being certified they may not be marketed, imported or used, shall be treated
according to the State laws, administrative regulations or rules.

    Article 4  Certification is classified as safety certification and
conformity certification.  

    Products under safety certification must conform to the requirements of
the relevant compulsory standards stipulated in the Standardization Law of
the People’s Republic of China (hereinafter referred to as the
Standardization Law).  

    Products under conformity certification must conform to the requirements
of the national or sector standards provided for by the Standardization Law.

    Article 5  The certified products shall, except for inspections subject
to the State laws and administrative regulations, be exempt from any other
inspection and enjoy such Stateprescribed preferential treatments as higher
price for higher quality or priority in recommendation for national excellent
quality appraisal.

    Article 6  The competent department of the standardization administration
under the State Council shall be in charge of the unified administration of
certification throughout the country. Sector certification committees set up
either directly by the competent department of the standardization
administration under the State Council or by other administrative departments
under the State Council with authorization of the competent department shall
be responsible for the actual operations of the certification work.
Chapter II  Organization and Management

    Article 7  The functions of the competent department of the
standardization administration under the State Council in the management of
the certification work are as follows:

    (1) formulating principles, policies, plans and programmes for
certification;

    (2) unifying or approving patterns of certification marks;

    (3) examining and approving the compositions and articles of association
of the certification committee;

    (4) examining and approving the certification testing bodies;

    (5) registering and administering certification inspectors;

    (6) examining and approving and issuing catalogues of products to be
covered by certification;

    (7) publishing directories of certified products and their producers;

    (8) being responsible for conducting international activities in
certification;

    (9) coordinating and settling major issues in certification work; and

    (10) supervising the operation of certification work.

    Article 8  A certification committee shall be composed of experts from
the relevant departments of production, marketing, utilization, scientific
research and quality supervision of products and its tasks are as follows:

    (1) proposing draft catalogues of products to be covered by certification;

    (2) formulating specific measures for the operation of certification;

    (3) ratifying national or sector standards for the certification purpose;

    (4) recommending testing bodies which shall undertake certification tasks;

    (5) accepting and handling applications for certification;

    (6) organizing the quality system audit of an enterprise applying for
certification;

    (7) approving certification, issuing certificates and filing it with the
competent department of the standardization administration under the State
Council;

    (8) settling the disputes involved in certification;

    (9) being responsible for supervisions and inspections of certified
products and their producers; and

    (10) revoking certificates according to law.

    Article 9  The competent departments of the standardization
administration of the local people’s governments at or above the county level
shall exercise supervisions and inspections over certified products within
their administrative areas and their tasks are as follows:

    (1) investigating and dealing with products which do not conform to the
standards applied to when being certified, or products bearing counterfeit
certification marks;

    (2) cooperating with the certification committees in supervising the
quality of certified products; and

    (3) investigating and dealing with any other act concerning certification
which is against the laws, administrative regulations or rules formulated by
the competent department of the standardization administration under the
State Council together with the relevant administrative departments under the
State Council.
Chapter III  Qualifications and Procedures

    Article 10  Any Chinese or foreign enterprise may apply for certification.
An applying enterprise shall have the following qualifications:

    (1) its product meets the requirements of national or sector standards;

    (2) its product can be produced in normal serial production with stable
quality; and

    (3) the quality system of the producing enterprise conforms to the
national standards for quality control and quality assurance and to the
supplementary requirements thereof.

    Article 11  An enterprise shall apply for certification in accordance
with the following procedures:

    (1) A Chinese enterprise shall submit its written application to the
certification committee. A foreign enterprise or its sale agent shall submit
its written application to the competent department of the standardization
administration under the State Council or to the certification committee
designated by the competent department;

    (2) The certification committee shall inform the testing bodies to
conduct testing of the product;

    (3) The certification committee shall conduct quality system audit of the
producing enterprise applying for certification; and

    (4) The certification committee shall issue a certificate and give
permission for the use of a certification mark to the product which is
qualified for certification.

    Product testing and quality system audit of a foreign enterprise may be
carried out by foreign certification bodies on commission of certification
committees designated by the competent department of the standardization
administration under the State Council according  to  bilateral or
multilateral agreements.

    Article 12  Enterprises which have obtained the certificates are subject
to supervisions and inspections by the certification committees over their
products and quality systems.  

    Supervisions and inspections over the products and quality systems of the
foreign enterprises which have obtained the certificates may be carried out
by foreign certification bodies on commission according to bilateral or
multilateral agreements.

    Article 13  When the standard applied to a certified product or the
quality system of an enterprise has changed to such an extent that the
product is no longer up to the qualifications it had when it was certified,
the enterprise shall cease using the certification mark.
Chapter IV  Testing Bodies and Inspectors

    Article 14  Testing bodies shall be examined and accredited by the
competent department of the standardization administration under the State
Council before they engage in certification testing.

    Article 15  Certification inspectors shall be trained and assessed, and
registered by the competent department of the standardization administration
under the State Council before they carry out inspections over enterprises
applying for certification (including enterprises which have received
certificates).

    Article 16  Testing bodies and inspectors undertaking certification tasks
shall perform their functions and obligations set by the competent department
of the standardization administration under the State Council and relevant
certification committees and be subject to their supervision and check-up.

    Article 17  Testing bodies and inspectors undertaking certification tasks
shall be accountable for the test reports and inspection reports they
present, keep technical secrets of the certified products, and may not
illegally possess the scientific and technological achievements of others.
Chapter V  Penalty Provisions

    Article 18  Any act concerning certification which violates laws,
administrative regulations or rules jointly formulated by the competent
department of the standardization administration under the State Council and
the relevant administrative departments under the State Council shall be
subject to penalty in accordance with the provisions of laws, administrative
regulations or rules.

    Article 19  Should a certified product being delivered and marketed with
the certification mark fails to meet the standards applied to when being
certified, the competent department of the standardization administration
shall order cessation of its sales and impose a fine not exceeding twice
times the amount of the illegal gains.

    Should a product either uncertified or failing to pass the certification
be delivered and marketed with a certification mark, the competent department
of the standardization administration shall order cessation of its sales and
impose a fine not exceeding three times the amount of the illegal gains, and
a fine not exceeding 5,000 yuan (RMB) may be imposed on the person in charge
of the law-breaking unit.

    A fine not exceeding three times the amount of the illegal gains shall be
imposed by the competent department of the standardization administration for
transfer of the certification mark, and a fine not exceeding 5,000 yuan (RMB)
may be imposed on the person in charge of the lawbreaking unit.

    Article 20  In either of the following cases, the certificate shall be
revoked by the certification committee which conferred it:

    (1) The quality of the certified product has deteriorated seriously, or
the quality system of the producing enterprise is no longer up to the
qualifications it had when being certified, which has caused losses and
damages to users or consumers.

    (2) The supervision and inspection conclude that the certified product
does not conform to the standards, for which the producing enterprise is
responsible.

    Article 21  Should a certified product fails to meet the certification
requirements but has been delivered and marketed, the producing enterprise
shall guarantee its repair, exchange and refund. The producing enterprise
shall be liable for compensation according to law when the product has caused
losses and damages to users or consumers.

    Article 22  Anyone engaged in the certification management, testing and
inspection who transgresses law, neglects his duties or practises favouritism
and irregularities shall be subject to administrative sanctions by his
employing unit. When a crime is constituted, the offender’s criminal
responsibilities shall be investigated by judicial authorities according to
law.

    Article 23  If a party disagrees with a pecuniary penalty, an application
for reconsideration of the case may be lodged within 15 days on receipt of
the notification of the penalty with the administrative authorities at the
next higher level of the authorities which made the penalty decision. If a
party still disagrees with the decision of reconsideration, a suit may be
brought to the people’s court within 15 days on receipt of the decision of
reconsideration. A party may also bring a suit to the people’s court directly
within 15 days on receipt of the notification of the penalty. The authorities
which made the penalty decision shall apply to the people’s court for
compulsory enforcement of the decision, in case a party fails both to apply
for reconsideration or initiate legal proceedings with a people’s court and
to comply with the penalty decision within the specified period.
Chapter VI  Supplementary Provisions

    Article 24  Certification fees shall be charged and collected from
enterprises applying for certification according to the non-profit-making
principle. The specific measures for charging shall be laid down separately
by the competent department of the standardization administration under the
State Council together with the pricing authorities of the State Council.

    Article 25  Commodity inspection bodies may carry out quality
certification work on import and export commodities according to agreements
signed between the national commodity inspection department and the relevant
foreign bodies or on commission of the relevant foreign bodies.

    Article 26  These Regulations do not apply to military products.

    Article 27  The competent department of the standardization
administration under the State Council shall be responsible for the
interpretation of these Regulations.

    Article 28  These Regulations shall come into force as of the date of
promulgation.





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

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CONSTITUTION ACT, 1982 – page 20

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CONSTITUTION ACT, 1982 – page 18

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