MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET

PROVISIONS ON THE USE OF RED CROSS SIGNS

Category	SOCIAL ORGANIZATION	Organ of Promulgation	The State Council and the Central Military Commission	Status of Effect	In Force
Date of Promulgation	1996-01-29	Effective Date	1996-01-29

Provisions of the People’s Republic of China on the Use of Red Cross Signs

Chapter I  General Provisions
Chapter II  Protective Use of Red Cross Signs
Chapter III  Indicative Use of Red Cross Signs
Chapter IV  Prohibitive Use of Red Cross Signs
Chapter V  Penalties
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.194 of the State Council and the Central

Military Commission of the People’s Republic of China on January 29, 1996)
Chapter I  General Provisions

Article 1 These Provisions are formulated in accordance with the Law on
the Red Cross Society and for the purpose of safeguarding the dignity of the
red cross signs and properly using the red cross signs.

Article 2 The red cross sign is the red cross on the white background.

Article 3 The red cross sign is the protection sign for international
humanitarianism, the special sign of the medical establishments of the armed
force and the sign specially used by the red cross society.

Except those described in these Provisions, the use of the red cross sign
by any organization or individual shall be prohibited.

Article 4 The red cross sign has both protection and indication roles,
each of which shall not be used in confusion.

Article 5 The local people’s government at different levels shall
supervise and administer on the use of the red cross signs within their
administrative areas according to these Provisions.

The local red cross society at different levels shall assist the local
people’s government at the same level with the supervision and administration
on the use of red cross signs.
Chapter II Protective Use of Red Cross Signs

Article 6 Protective use of red cross signs means that, during an armed
conflict, the conflicting parties shall give protection and respect to the
persons wearing the red cross signs according to these Provisions and to the
places and its articles and medical conveyance marked with red cross signs.

Article 7 When the red cross sign is used as protective sign, nothing
shall be added to the sign.

When the red cross sign is used as protective sign, if it is used on a
flag, the red cross sign shall not touch the boundary of the flag; if it is
used on an armband, the red cross sign shall be located in the middle of the
armband; if it is used on a building, the red cross sign shall be located on
the obvious part of the top of the building.

When the red cross sign is used as protective sign, it shall be able to be
identified from as far away as possible or from different direction; it shall
be lighted or decorated with the luminous body at night or when the visibility
is low.

Article 8 During an armed conflict, the following persons may use the
protective red cross signs:

(1) the medical personnel and staff member of the medical establishments
of the armed force;

(2) the medical personnel and staff member of the red cross society;

(3) the medical personnel and staff member of the international red cross
organization and foreign red cross organization approved by the State Council
or the Central Military Committee;

(4) the medical personnel and staff member in the military and civil
medical conveyance; or

(5) the personnel of volunteering relief body home and abroad approved by
the State Council or the Central Military Committee and the medical personnel
of civil medical establishments.

Article 9 During an armed conflict, the protective red cross signs may be
used by or on one of the following institution or organization and its
location, articles or medical conveyance:

(1) the medical establishments of the armed force;

(2) the red cross society taking part in the relief activity;

(3) the volunteering relief body and medical institution home and abroad
approved by the State Council or the Central Military Committee; or

(4) the international organization approved by the State Council or the
Central Military Committee.

Article 10 The person using protective red cross signs shall carry with
himself the identification certificate issued by the department with
authorization from the State Council or the Central Military Committee.

Article 11 The personnel and the location and its articles and medical
conveyance, of the medical establishments of the armed force, may use
protective red cross signs in peace time.
Chapter III Indicative Use of Red Cross Signs

Article 12 Indicative use of red cross signs means the indication of the
person or matter concerning the red cross activities.

Article 13 When the red cross sign is used as indicative sign, the name
or name abbreviation of the red cross society shall be accompanied under the
red cross sign and the red cross sign shall not be located on the top of the
building.

When the personnel or member of the red cross society and other relevant
personnel carry out their duties, they shall wear an armband of small size
marked with the red cross sign; when they do not carry out the duties, they
may wear a badge or brooch of small size on the breast marked with the red
cross sign.

Article 14 Any of the following persons may use the indicative red cross
signs:

(1) the staff member of the red cross society;

(2) the member of the red cross society; or

(3) youngsters member of the red cross society.

Article 15 The indicative red cross signs may be used in any of the
following places:

(1) the building used by the red cross society;

(2) the medical establishments belonging to the red cross society; or

(3) the places where the red cross society develops activities meeting
with its purpose.

Article 16 The indicative red cross signs may be used on any of the
following articles or conveyance:

(1) the badge, medal or insignia of the red cross society;

(2) the printed matters or propaganda material of the red cross society; or

(3) the first-aid or relief material and conveyance of the red cross
society.

Article 17 If indicative red cross signs are needed to be used exceeding
the extent described in these Provisions, approval shall be obtained from Head
Office of the Red Cross Society.
Chapter IV Prohibitive Use of Red Cross Signs

Article 18 The red cross signs shall not used:

(1) in the trademark or commercial advertisement;

(2) by those other than the red cross society or the medical
establishments of non-armed force;

(3) by medicine shop or veterinary station;

(4) in the goods package;

(5) in the mark of a company;

(6) in a project design or product design; or

(7) under other circumstances than those described in these Provisions
where the red cross signs may be used.
Chapter V Penalties

Article 19 To any of the following circumstances against these
Provisions, the red cross society shall be enpost_titled to dissuade it and demand
stopping use; if anyone refuses to stop use, the red cross society may submit
to the people’s government for ordering to stop use:

(1) where the indicative red cross signs are used by other person than the
staff member, member, or youngsters member of the red cross society;

(2) where the indicative red cross signs are used on or in the building
and other places which are not used by the red cross society;

(3) where the indicative red cross signs are used by the medical
establishments which do not belong to the red cross society;

(4) where the indicative red cross signs are used on the articles or
conveyance which do not belong to the red cross society; or

(5) under other circumstances to use the red cross signs against these
Provisions.

Article 20 Anyone who uses the red cross signs without authorization
against the provisions of Article 18 in these Provisions shall be ordered to
stop use, be confiscated with the illegal income and imposed upon a fine below
10,000 yuan by the people’s government at or above county level.

Article 21 Anyone who obstructs the staff member to carry out duties
according to the law shall be imposed upon administrative penalties for public
security or investigated for criminal responsibility according to the law.

Article 22 Any organization or individual from the armed force who
violates these Provisions shall be dealt with by the relevant military
department.
Chapter VI Supplementary Provisions

Article 23 If there is anything concerning the protective use of red
cross signs not covered in these Provisions, the relevant provisions of Geneva
Convention and its appended agreements shall apply.

Geneva Convention and its appended agreements described in the preceding
paragraph means the convention and agreements described in Article 27 of the
Law of the People’s Republic of China on Red Cross Society.

Article 24 These Provisions shall come into force as of the date of
promulgation.

ADMINISTRATION ORDINANCE ON DEVELOPMENT AND MANAGEMENT OF URBAN REAL ESTATE

Administration Ordinance on Development and Management of Urban Real Estate

(Effective Date:1996.08.14–Ineffective Date:)

CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION
CHAPTER FOUR MANAGEMENT OF REAL ESTATE CHAPTER FIVE LEGAL LIABILITIES CHAPTER SIX MISCELLANEOUS PROVISIONS

Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration
of development and management of urban real estate, and to promote and protect the healthy development of the business of real estate,
the present Ordinace is formulated in accordance with relevant provisions of The Law of the People’s Republic of China on Urban Real
Estate Administration.

Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure
and the construction of houses on state-owned land within urban planning areas and the transfer of projects of development or the
sales and lease of commercial housing by enterprises for development of real estate.

Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social
benefits and environmental benefits, plan comprehensively, layout reasonably, develope integratedly and construct concertedly.

Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts
of development and management of real estate in the whole country.

Organs of local people’s governments at or above the county level responsible for administration of development and management of
real estate shall be responsible for acts of development and management of real estate within their repective administrative regions.

In accordance with the provisions of laws and administrative regulations, organs of people’s governments at or above the county level
responsible for land administration shall be responsible for the administration of land concerning development and management of
real estate.

CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE

Article 5 Besides complying with the requirements of establishment of enterprises stipulated in relevant laws and administrative regulations,
to establish enterprises for the development of real estate, the following requirements shall also be met:

(1) have registered capital of 1,000,000 yuan or more;

(2)have 4 or more full-time technical personnel in the fields of real estate and construction engineering, who have obtained certificate
of qualifications, and 2 full-time accounting personnel with certificate of qualifications.

In accordance with local situations, people’s governments of provinces, autonomous regions and municipalities directly under the state
council may make requirements higher than the previous paragraph for the establishment of enterprises for development of real estate
concerning registered capital and the qualifications of professional technical personnel.

Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions
of Article 5 of the present Ordinance, complete the process of examination and approval in accordance with the provisions of laws
and administrative regulations concerning foreign-invested enterprises.

Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and
industry of people’s governments at or above the county level. For applications that meet the the requirements of Article 5 of the
present Ordinance, administrative organs for industry and commerce shall register within 30 days after receiving the application;
for those that don’t meet the requirements and so shall not be registered, the reasons therefor shall be explained.

When examining application for registration of the establishment of real estate development enterprises, administrative organs for
industry and commerce shall hear the opinion of the administrative departments responsible for real estate development at the same
level.

Article 8 Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with the following
documents with administrative organs reponsible for real estate development of the region of the administrative organ of registration:

(1) a copy of the management certificate;

(2) the charter of the enterprise;

(3) certificate for verification of capital;

(4) ID of the legal representative of the enterprise;

(5) cerficate of qualifications and contract of employment of professional technical personnel.

Article 9 In accordance with the assets, professional technical personnel and achievements in development and management of real estate development
enterprises, administrative organs responsible for real estate development shall check and ratify the level of qualifications of
the enterprise of real estate development that has been put on record. Enterprises of real estate development shall receive projects
of real estate development in accordance with the level of qualifications as ratified. The detailed measures shall be formulated
by construction administration organ under the State Council.

CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION

Article 10 Real estate development projects shall be ascertained in accordance with the requirements of the overall plan for land use, annual
plan for land use for construction and urban plan, annual plan of real estate development; those that shall be approved by administrative
organs for planning in accordance with relevant state regulations shall apply for approval to administrative organs for planning
and shall be consolidated into annual assets investments plan.

Article 11 The ascertainment of real estate development projects shall, in accordance with the principle of integratition of the reconstruction
of the old districts and the construction of new districts, focus on the development of the areas where the infrastructure is weak,
the communication is congested, the environmental pollution is severe or the houses that are dangerous and old are concentrated;
the municipal entironment shall be protected and improved, and the historical and cultural heritage shall be protected.

Articel 12 The land for real estate development shall be obtained through remising; however, this shall not apply when it can be obtained
through transfer in accordance with the provisions of the laws and the regulations of the State Council.

Before the right to use land is remised or transferred, administrative organs responsible for urban planning and administrative organs
responsible for real estate development of local people’s governments at or above the county level shall give written opinion on
the following matters, which shall be the ground for remising or transferring the right of using land:

(1) the essence, scale and duration of development of the project of real estate development;

(2) the engineering requirements of urban planning;

(3) the construction requirements concerning infrastructure and public utilities;

(4) the defination of property rights after the infrastructure is constructed;

(5) the requirements concerning the compensation and aftercare in relocation of the project.

Article 13 The system of capital cash shall be set up in real estate development; the ratio of capital cash to total investment of the project
shall not be lower than 20%.

Article 14 The development and construction of real estate development projects shall have overall arrangement in relevant infrastructure, which
shall be carried out according to the principle of underground first, upground second.

Article 15 Enterprises of real estate development shall carry out the development and construction of the project in accordance with the use
and durations of beginning work and construction as stipulated in the contract for remising of the right to use land. When the work
has not been started after one year since the duration of construction has elapsed, charge for idle land which is equivalent to less
than 20% of the price for remising the right to use land may be collected; when the work has not been started after two years have
elapsed, the right to use land can be taken back without consideration. However, the previous stipulations shall not apply when the
delay in beginning work is caused by force majesture or acts of government and relevant departments under the government or the indispensible
preliminary work before starting work.

Article 16 The real estate projects developed and constructed by enterprises for real estate development shall comply with the provisions of
relevant laws and regulations and project quality, security standards and technical regulations concerning the reconnaissance, design,
and construction and the provisions of the contract.

Real estate development enterprises shall be responsible for the quality of the real estate development projects developed and constructed
by them.

Units of reconnaissance, design, construction and supervision shall bear corresponding responsibilities in accordance with the provisions
of relevant laws, regulations and the contract.

Article 17 Real estate development projects shall not be delivered for use before they are completed and checked and accepted as qualified.

After real estate development projects are completed, real estate development enterprises shall apply for check and acceptance after
completion with administrative organs responsible for real estate development of people’s governments at or above the county level
of the region where the project is located. Within 30 days after receiving the application for check and acceptance after completion,
the administrative organs for real estate development shall check and accept together with relevant departments or units for project
quality supervision, planninng, fire prevention, people’s defence, etc.

Article 18 On completion of group housing real estate projects such as housing districts, they shall be checked and accepted in accordance with
the provision in Articel 17 of the present Ordinance and the following requirements:

(1) the circumstances of the implementation of the designing requirements of urban planning;

(2) the circumstances of the construction of necessary infrastructure and public utilities as required by urban planning;

(3) the circumstances of the check and acceptance of construction quality of separate projects;

(4) the circumstances of the implementation of the plan of relocation;

(5) the circumstances of the implementation of real estate administration.

Group housing real estate development projects such as housing districts, which are developed in installments may be checked and accepted
in installments.

Article 19 Real estate development enterprises shall register in the pamphlet of real estate development projects the major affairs in the course
of the construction of the real estate development project; they shall also be regularly put on record with administrative organs
responsible for real estate development.

CHAPTER FOUR MANAGEMENT OF REAL ESTATE

Article 20 The transfer of real estate development projects shall be in accordance with the requirements of Article 38 and Article 39 of Law
of the People’s Republic of China on Urban Real Estate.

Article 21 When transferring real estate development projects, the transferor and the transferee shall, within 30 days after the completion
of the formalities of the registration of the transfer of the right to the use of land, put on record with administrative organs
responsible for real estate development with the contract for the transfer of real estate development project.

Articel 22 When real estate development enterprises transfer real estate development projects and the relocation and compensation
have not been completed, the relevant rights and obligations in the original contract for relocation and compensation shall be transferred
to the transferee therewith. The transferor shall give written notice to the persons being relocated.

Article 23 When selling commercial housing in advance, real estate development enterprises shall meet the following requirements:

(1) have paid all the remuneration for assignment of the right to the use of land and obtained certificate of the the right to the
use of land;

(2) have certificate of construction project planning and certificate of construction;

(3) calculated in accordance with the commercial housing provided for advance sale, the capital that has already been invested has
attained 25% or more of total investment, and the progress of construction and the date for completion and delivery have been ascertained;

(4) the registration for advance sale has been completed and the certificate of permission of advance sale of commercial housing has
been obtained.

Article 24 When applying for registration of advance sale of commercial housing, enterprises of real estate development shall submit the following
documents:

(1) the certifying materials as stipulated in Sections (1) to (3) of Article 23 of this Ordinance;

(2) management certificate and certificate of the level of qualifications;

(3) contract of construction;

(4) ichnograph for separate stories of the commercial housing for advance sale;

(5) plan for advance sale of commercial housing.

Article 25 Administrative organs responsible for real estate development shall, within 10 days after receiving application for advance sale
of commercial housing, make reply of approval or no approval of the advance sale. For those approved, certificate of permission of
advance sale of commercial housing shall be issued; for those not approved, the reasons therefor shall be explained.

Article 26 Real estate development enterprises shall not engage in false advertising activities; the serial number of the certifying documents
of permission of advance sale of commercial housing shall be stated in the advertisements.

Article 27 When selling commercial housing in advance, enterprises for real estate development shall show to persons purchasing in advance the
certificate of permission of advance sales of commercial housing.

Enterprises for real estate development shall, within 30 days after the signing of contracts for advance sales of commercial housing,
put on record with administrative organs responsible for real estate development and administrative organs responsible for the administration
of land of the people’s governments at or above the county level where the commercial housing is located.

Article 28 When selling in advance commercial housing, the parties shall sign a written contract, which shall stipulate the area of construction
and the area for use, the price, the date of delivery, quality requirements, means of real estate administration and their repective
liabilities for the breach of the contract.

Articel 29 When assigning intermediary institutions to sell commercial housing, enterprises for real estate development shall issue
to intermediary institutions letter of authorization. When selling commercial housing, intermediary institutions shall show to buyers
of commercial housing relevant certifying documents of commercial housing and letter of authorization to sell commercial housing.

Article 30 The prices of the transfer of real estate development projects and of the sales of commercial housing shall be negotiated and agreed
upon by the parties; however, the guiding price of government or the ordered price of the goverment shall be carried out in the case
of the prices of residence housing which enjoys the preferential treatment from the state.

Article 31 When delivering commercial housing for use, enterprises for real estate planning shall issue letter of garuatee of quality and user’s
manual to the buyer.

Letter of garuatee of quality shall list the quality level as checked and examined by unit of supervision of the quality of the project,
scope of garuanteed repairing, duration of garuanteed repairing and the unit that shall be responsible for garuanteed repairing.
Enterprises for real estate development shall bear the obligation of garuanteed repairing in accordance with the provisions of letter
of garuantee of quality of housing.

If, within the period of garuanteed repairing, the original utility of the housing is affected and damages are incurred upon the buyer
because of the repairing of the housing by enterprises for real estate development, the enterprises shall bear liabilities in accordance
with laws.

Article 32 After the commercial housing is delivered for use and the buyer believes that the quality of the main structure doesn’t meet requirements,
the buyer can apply for re-examination to the unit of quality supervision of the project. If the quality of the main structure is
confirmed through re-examination not to be in compliance with the requirements , the buyer has the right to be refunded; if damages
are incurred upon the buyer, enterprises for real estate development shall bear the liability of compensation according to law.

Article 33 The buyer of commercial housing sold in advance shall, within 90 days after the delivery of commercial housing for use, complete
the formalities for the transfer of the right to the use of land and for the registration of the property right over the housing;
buyer of completed housing shall, within 90 days after the sales contract is signed, complete formalities of transfer of the right
to the use of land and of registration of the property right over the housing. Enterprises of real estate development shall assist
buyers of commercial housing in completing the formalities of the transfer of the right to the use of land and of registration of
the property over the housing, and provide necessary certifying documents.

Article 34 Those who engage in real estate development on themselves without obtaining management certificate in contravention to the present
Ordinance shall be ordered to stop activities of development and management by administrative organs of industry and commerce of
people’s governments at or above the county level; the illegal profits shall be confiscated and a fine of 5 times of the illegal
profits or less may be imposed.

Article 35 Those who engage in real estate development without obtaining certificate of level of qualification or beyond their certificates
of level of qualification in contravention to the provisions of the present Ordinance shall be ordered to correct within fixed limitations
by administrative organs for industry and commerce of people’s governments at or above the county level; a fine of 50,000 yuan to
100,000 yuan shall be imposed; if they don’t correct within fixed limitations, the management certificate shall be revoked by administrative
organs for industry and commerce.

Article 36 Those who deliver housing for use before it’s checked and accepted in contravention to the provisions of the present Ordinance shall
be ordered to make up for the formalities of check and acceptance within fixed limitation by administrative organs responsible for
real estate development of people’s governments at or above the county level; those who do not make up for the formalities of check
and acceptance within the fixed limitation shall be checked and accepted by administrative organs responsible for real estate development
of people’s governments at or above the county level; a fine of no less than 100,000 but no more than 300,000 yuan shall also be
imposed.Those who don’t pass the check shall be disposed of in accordance with Article 37 of the present Ordinance.

Article 37 Those who deliver for use the housing that doesn’t pass check and acceptance in contravention to the provisions of the present Ordinance
shall be ordered to repair within fixed limitation by administrative organs responsible for real estate development of people’s governments
at or above the county level; a fine of under 2% of the total construction cost of the housing delivered shall be imposed in addition;
for those whose circumstances are severe, management certificates shall be revoked by administrative organs for industry and commerce
; for those who caused damages to the buyer, liability of compensation shall be imposed in accordance with law; for those who cause
serious injury or death or other severe consequences and a crime is constituted, criminal liability shall be investigated.

Article 38 Those who transfer real estate development projects on their own in contravention to the provisions of the present Ordinance shall
be ordered to stop illegal acts; the illegal profits shall be confiscated; a fine of 5 times of illegal profits or less may also
be imposed in addition.

Article 39 Those who sell commercial housing in advance on their own in contravention to the provisions of the present Ordinance shall be ordered
to stop illegal acts ; the illegal profits shall be confiscated; a fine of 1% of the advance payment or less may also be imposed
in addition.

Article 40 If, in the supervision and administration of real estate development and management, employees with state organs neglect their duty,
be irregular for favoritism, abuse their powers and has committed a crime, their criminal liabilities shall be investigated; for
those who has not committed a crime, administrative penalties shall be imposed in accordance with law.

CHAPTER SIX MISCELLANEOUS PROVISIONS

Article 41 For the development and management of real estate on state owned land outside urban planning areas , the supervision and administration
of real estate development and management shall be carried out with reference to the present ordinance.

Article 42 Lands that are owned by collectives within urban planning areas couldnt be used in real estate development and management before
the land is expropriated by the state in accordance with law.

Article 43 The present Ordinance shall be effective upon the date of promulgation.

PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES

Procedures of Shanghai Municipality on the Administration of Telecommunications Services

CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS CHAPTER
IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS

Article 1 (Purpose and Basis)

The present Procedures are formulated in accordance with the relevant State stipulations and the “Provisions of Shanghai Municipality
for the Protection and Development of Telecommunications”, and with the actual circumstances of Shanghai taken into consideration,
to maintain the order of telecommunication services in this Municipality, to standardize the business operations of telecommunications
services for those who engage in them and to ensure the normal business operations of telecommunications services.

Article 2 (Definition)

The telecommunications services specified in the present procedures refers to the various kinds of services, based on the customers’
demands, to transmit information such as signs, signals, words, pictures and language by means of light, electricity or other electro-magnetic
systems.

Article 3 (Scope of Application)

The present Procedures apply to the business operations of telecommunications services and their administration in this Municipality.

Article 4 (Basic Principles)

Business operations of telecommunication services shall be carried out in compliance with the following principles: monopolization
of the primary telecommunication services, free-competition for other services, sharing of resources, non-gratuitous services, fairness
in competition, protection of customers’ freedom and secrets in communication and their legitimate rights and interests.

Article 5 (Competent Departments and Coordinated Departments)

The Post and Telecommunications Administrative Bureau of Shanghai Municipality (hereinafter referred to as “Municipal Post and Telecommunications
Bureau”) shall be the administrative department in charge of the industry of telecommunication and the business activities thereof.
It shall be responsible for the administration of all business activities of telecommunications services within this Municipality.

The departments of industry and commerce, public security, price control, customs and radio transmission administration, shall, in
the light of their respective duties, exercise their administrative and supervisory functions over the business operations of telecommunications
services.

CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS

Article 6 (Clarification of Telecommunications Services)

The telecommunication services shall be divided into the monopolized sector and the free-competition sector. For those that fall under
the free-competition sector, a permit system and an application system are exercised.

Article 7 (Scope of the Monopolized Sector)

The following telecommunications services shall be monopolized by State- approved business operators of telecommunications services:

1. Telephone services, including local calls, long distance calls within the country, international calls, etc.;

2. Telegraph services, including telegraphs within the country, international telegraphs, fax services, etc.;

3. Other telecommunications services monopolized with the approval of the State.

Article 8 (Scope of Permit System in Business Operations)

For the following telecommunications services, a permit system shall be instituted:

1. Paging;

2. 800 MHz concentrated telephones;

3. 450 MHz mobile telephone communication;

4. Telecommunications through very-small satellite ground stations within the country;

5. Other telecommunications services to be run, with the approval of the State, under a permit system.

Article 9 (The Scope of Reporting System in Business Operation)

For the following telecommunications services, a system of application and official approval shall be instituted:

1. Telephone information services;

2. Computer information services;

3. Electronic mailboxes;

4. Electronic data interchange;

5. Visuals;

6. Other telecommunications services to be run, with the approval of the State, under a system of application and official approval.

Article 10 (Qualifications for Application of Business Operation)

One who applies for permission to do business in telecommunication shall have the following qualifications:

1. State-owned or collective-owned enterprises with corporate capacity or an enterprise whose interest is controlled by it;

2. Having technical and managerial personnel required for such business operations;

3. Having a fixed place for its business operations and the necessary facilities;

4. Having funds that satisfy the statutory requirements and are commensurate with the scope of its business operations;

5. Having telecommunication equipment that is connected with the public telecommunication networks, and that meets the State’s technical
requirement for networking;

6. Having the capability to supply long-term services for customers;

7. Having other qualifications required by the State.

When organizations or individuals from abroad or foreign invested enterprises in China intend to do, or participate in, the business
of telecommunication in this Municipality, their applications shall be dealt with in accordance with the relevant State provisions.

Article 11 (Materials Required When Submitting the Application)

When applying for permission to do business in telecommunication, the applicant shall submit the following materials to the Municipal
Post and Telecommunications Bureau:

1. Application for permission to do business in telecommunication;

2. List of names of the legal representative and chief technicians and executive officers;

3. Certificates regarding the place of business operations, relevant facilities and equipment;

4. Feasibility study report for doing business in telecommunications services, which covers the types of business scope of services,
market forecasting, development plan, technical standards, anticipated quality of services and service charges.

Article 12 (Application and Approval in Connection with the Monopolized Sector of Telecommunications Services)

Application and approval in connection with the monopolized sector of telecommunication services shall follow the relevant State provisions.

Article 13 (Application for Approval in Connection with the Free- Competition Sector of Telecommunications Services)

One who is to be engaged in business operations that fall under the free-competition sector in this Municipality shall submit its
application to the Municipal Post and Telecommunications Bureau. If the intended business operations are interprovince or intercity,
the applicant shall submit its application to the Ministry of Post and Telecommunications in accordance with the relevant State provisions.

Article 14 (Issuance of Permit)

In connection with telecommunications services that need a permit, the Municipal Post and Telecommunications Bureau shall decide the
number of permits to be issued and the time and method of issuance on the basis of the available communication equipment, the available
lines and frequencies of the public networks, and the demand and supply of the telecommunication market. Information regarding the
issuance of permit shall be released to the public in advance. Detailed procedures shall be formulated by the Municipal Post and
Telecommunications Bureau, and shall be filed with the Municipal People’s Government for the record.

Article 15 (Examination and Approval for Telecommunication Services That Need a Permit)

The Municipal Post and Telecommunications Bureau shall examine the application within 30 days after it accepts the application regarding
business services that need a permit. An applicant whose application passes such examination shall be given a permit. An applicant
whose application fails to pass such examination shall be given a written reply. An applicant who does not receive a reply within
30 days shall be considered to have been granted approval for its application for a permit.

Permit may be issued by means of bids-invitation. The Municipal Post and Telecommunications Bureau shall issue the permit to bid winners
within 30 days.

An applicant shall establish an operative service system within 12 months after receiving the permit.

Article 16 (Examination and Approval in Connection with Telecommunication Operations that Need Official Approval)

The Municipal Post and Telecommunications Bureau shall complete the examination procedures within 30 days after receiving all application
materials submitted by the applicant in connection with telecommunication services which need an official approval. An applicant
whose application passes such examination shall be given the official approval. An applicant whose application fails to pass such
examination shall be given a written reply. One who does not receive any reply within 30 days shall be considered to have been granted
approval for its application.

Article 17 (Other Examination and Approval Procedures)

Those who have been permitted to do business in telecommunications shall bring their permits or official approvals to the administrative
department of industry and commerce to complete the formalities of registration or alteration of registration. For business operations
that involve radio communication, application procedures for the allocation of frequencies and the setting up of transmission stations
shall be completed with the administrative department of radio transmissions on the strength of the permit, as provided for by the
relevant regulations.

Article 18 (Filing for the Record)

Those who have been officially approved by the Ministry of Post and Telecommunications to do interprovince or intercity business in
the free-competition sector of telecommunication shall file with the Municipal Post and Telecommunication Bureau for the record within
30 days after receiving the permit or official approval.

Article 19 (Entrustment of the Monopolized Sector)

Business operators in the monopolized sector of telecommunications may entrust qualified entities or individuals to do part of the
monopolized business on their behalf. For such entrustment contract of entrustment shall be entered into. Business operators in the
monopolized sector of telecommunication shall conduct business or technical training for the entrusted entities or individuals.

Article 20 (Term, Renewal, Alteration and Termination of the Permit)

The term of the permit shall be five years.

The business operators who desires to continue their business operations after the expiration of the term of the permit shall go to
the Municipal Post and Telecommunications Bureau and go through due formalities for renewal at least 60 days before the expiration
of the permit.

When it is necessary to alter the scope of business during the term of the permit, the business operator shall go to the Municipal
Post and Telecommunications Bureau and go through due formalities for registration of alteration at least 60 days in advance.

When it is necessary to have an early termination of the business operations during the term of the permit, the business operator
shall apply to the Municipal Post and Telecommunications Bureau at least 60 days before the early termination. The permit shall be
canceled only after approval and all problems arising therefrom in connection with the users have been properly dealt with.

The procedures for the examination and approval of renewal, alteration and termination of the permit shall be completed with reference
to the relevant provisions of Article 15 of the present Procedures.

Article 21 (Requirement for the Administration of the Permit and Official Approval)

The permits and official approval documents shall not be forged, altered, lent or transferred to others.

CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS

Article 22 (Check Before the Operations)

Upon completion of preparation for business operations, the business operator of telecommunications services shall notify the Municipal
Post and Telecommunications Bureau in written form. The Municipal Post and Telecommunications Bureau shall, within 10 days after
receiving the notice, conduct a check in accordance with the standards and requirements stipulated in the relevant provisions. A
business operator that passes the check shall be given the go-ahead notice within 10 days. One that fails to pass the check shall
be given a notice with suggested opinion for improvement within 10 days.

Article 23 (Standards for Telecommunications Equipment)

The exchange equipment, transmission equipment, terminals and networks used by business operators of telecommunications shall satisfy
the technical standards with regard to the equipment and conform to the technical system of networking of the State.

Business operators of telecommunications shall not use, accept or sell telecommunication equipment that do not have a certificate
of networking issued by the Ministry of Post and Telecommunications or the Municipal Post and Telecommunications Bureau.

Article 24 (Supply of Basic Lines and Equipment)

Business operators of the monopolized sector of telecommunications shall, in the light of the situation of supply and demand, and
at the uniform price ratified by the department of price control, supply the basic relay equipment and lines needed for business
operations to those in the freecompetition sector of telecommunications services, and sign relevant contracts with them.

The term of supply of the relay equipment and lines mentioned in the preceding paragraph and matters relevant thereto shall be separately
provided for by the Municipal Post and Telecommunication Bureau and filed with the Municipal People’s Government for record keeping
as required.

Article 25 (Requirements for Network Operations)

Business operators of telecommunications shall establish a necessary maintenance system for the communication lines and equipment
in accordance with the stipulations of the Ministry of Posts and Telecommunications and the Municipal Post and Telecommunications
Bureau, so as to ensure the normal operation of the telecommunications networks and improve its quality. They shall not hamper the
normal operations of the telecommunications networks and improve its quality. They shall not hamper the normal operations of other
existing telecommunication networks.

Article 26 (Requirements for Business Operations)

Business operators of telecommunications shall comply with the following requirements in their business activities:

1. Act in accordance with the business rules and technical procedures prescribed by the Ministry of Post and Telecommunications and
the Municipal Post and Telecommunications Bureau;

2. Make known, at the place of business, to the public the types of telecommunications services, service standards, rates of service
charges and business hours;

3. Set up a special service center and surveillance telephone number to give advice to, and receive complaints from, the customers;

4. Guarantee the quality of communication lines and equipment provided to the customers, and make repairs or renovations upon receiving
request within the prescribed time.

Article 27 (Prohibitions)

Business operators of telecommunications and the employees thereof are prohibited from doing the following:

1. Providing, without proper consent, information to others regarding the customer’s use of telecommunication services;

2. Cutting off the customer’s telecommunication or delaying the rendition of services without justifiable reasons;

3. Stopping, without approval, the business operations of telecommunications which have been approved;

4. Imposing restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coercing
customers into using telecommunications services or purchasing telecommunications equipment;

5. Providing information to customers against their will;

6. Using advertisements containing false information or using other inappropriate means to promote publicity or depreciate other business
operators;

7. Committing other acts that will impair the rights and interests of the customers;

Article 28 (Suspension of Services)

When the customer does one of the following, the business operator of telecommunications may request him to rectify his behavior,
and may suspend the rendition of services if he does not comply within a set period of time:

1. Using telecommunication equipment that does not have the newtworking certificate issued by the Ministry of Post and Telecommunications
or the Municipal Post and Telecommunications Bureau;

2. Delaying payment of service fees or refusing to pay it;

3. Using telecommunications services to endanger national security, jeopardize social order or impair the legitimate rights and interests
of others;

4. Other acts that may hamper the business operations of telecommunications or the management thereof.

When the competent authorities lawfully request the business operator of telecommunications to suspend the rendition of telecommunication
services to a customer who violates 3 or 4 of the present Article, the business operator shall cooperate and comply with the request.

Article 29 (Service Charges)

Business operators of telecommunications shall strictly comply with the uniform rates of service charges set by the State. With respect
to services that do not have uniform rates set by the State, the Municipal Post and Telecommunications Bureau shall recommend rates,
which shall be implemented after ratification by the municipal department of price control. With respect to services that do not
have rates set by the State or by this Municipality, the business operator of telecommunications shall decide at its own discretion.

Business operators of telecommunications shall comply with the relevant stipulations of the Municipal Post and Telecommunication Bureau
and the departments of price control when they charge service fees in advance.

Article 30 (Telecommunications Administration Fee)

Business operators of telecommunications shall pay administration fee to the Municipal Post and Telecommunications Bureau. The rates
for the fee shall be recommended by the Municipal Post and Telecommunications Bureau and submitted to the Municipal Price Bureau
and the Municipal Finance Bureau for ratification. The telecommunication administration fee shall be listed and managed as an unbudgeted
fund of this Municipality.

For a delay in the payment of the telecommunication administration fee, a penalty of 0.2% for each day of delay shall be imposed.

Article 31 (Emergency Adjustment of Telecommunications Network)

In the event of emergencies, the Municipal Post and Telecommunications Bureau may, with the approval of the municipal government,
temporarily exercise unified control over business operators’ telecommunication networks and reallocate communications lines.

Article 32 (Administrative Inspection)

The Municipal Post and Telecommunications Bureau is enpost_titled to supervise and inspect the business activities of telecommunication
operators. The post and telecommunications administrators shall carry uniform credentials with them when they act in their official
capacity.

Article 33 (Administrative Punishment)

Units or individuals who violate the present Procedures shall be subject to the punishment by the Municipal Post and Telecommunications
Bureau in accordance with the following provisions:

1. Those who engage in business operations of telecommunications without official permission shall be enjoined from continuing their
business activities. Their unlawful gains shall be confiscated, and a fine of 5000 to 50,000 yuan shall be imposed on them.

2. Those who forge, alter, borrow or transfer the permit or the official approval shall be penalized by confiscation of their unlawful
gains and revocation of their permit or official approval. In addition, a fine of 3,000 to 30,000 yuan shall be imposed on them.

3. Business operators of telecommunications who continue their operations without a renewal after their permit expires, or alter,
without going through due formalities as required, the scope of their business during the term of the permit or terminate their business
before expiration of the permit, shall be given a warning, and be fined 1,000 to 10,000 yuan.

4. Those who takes the liberty to start business operations of telecommunications without the check or fail to pass the check, or
those who fail to establish an operative service system within 12 months after receiving the permit, shall be ordered to rectify
their behavior within a set period of time and punished by a fine of 2,000 to 20,000 yuan. If the case is serious, the permit shall
be revoked.

5. Business operators of telecommunications, who use telecommunications equipment that does not conform to the relevant technical
standards of the State and thus hamper the normal operation of other existing networks, shall be ordered to rectify their behavior
within a set period of time. In addition, they may be punished by a fine of 1,000 to 30,000 yuan.

6. Those who suspend or terminate their business operations of telecommunications without authorization or justifiable reasons, who
impose restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coerce customers
into using telecommunication services or purchasing telecommunication equipment, who provide information regarding the customers’
use of telecommunications services to others without proper consent; or provide information to customers against their will, shall
be ordered to rectify their behavior within a set period of time, and may be punished by a fine of 1,000 to 10,000 yuan.

7. Business operators of telecommunications who provide telecommunications services that fall below the set standards shall be ordered
to rectify their behavior and may be punished by a fine of 1,000 to 10,000 yuan.

8. Business operators of telecommunications that fail to make known, in accordance with the provisions, to the public the types of
telecommunications services, service standards, rates of service charges and business hours shall be ordered to rectify their behavior
within a set period of time, and may be punished by a fine of 1,000 to 3,000 yuan.

9. Business operators of telecommunications who accept or sell equipment that does not have the networking certificate issued by the
Ministry of Post and Telecommunications or the Municipal Post and Telecommunications Bureau shall be ordered to rectify their behavior
within a set period of time, and may be punished by a fine of 1,000 to 10,000 yuan.

10. Business operators of telecommunications who do not cooperate with the competent authorities in lawfully suspending the telecommunication
of customers shall be ordered to rectify their behavior within a set period of time, and may be punished by a fine of 5,000 to 30,000
yuan.

If cases involving violation of the present Procedures shall be punished, according to law, by other administrative departments, they
shall be turned over thereto by the Municipal Post and Telecommunication Bureau.

Article 34 (Civil Liability)

Business operators of telecommunication who violate the present procedures and cause a loss to customers shall be liable to compensate
for the loss and have other civil liabilities in accordance with the law.

Article 35 (Administrative Reconsideration and Legal Action)

If the party concerned finds unacceptable the specific administrative act of the Municipal Post and Telecommunications Bureau, it
may apply for administrative reconsideration or take legal action in accordance with the provisions of “Regulations on Administrative
Reconsideration” and “Administrative Litigation Law of the People’s Republic of China”.

The administrative department that takes the administrative act may, in accordance with the provisions of “Administrative Litigation
Law of the People’s Republic of China”, apply to the people’s court for enforcement in case the party concerned neither applies for
reconsideration, nor takes legal action, nor complies with the specific administrative act within the time limit prescribed by law.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 36 (Application and Interpretation)

The Municipal Post and Telecommunications Bureau shall be responsible for the interpretation with respect to the application of the
present Procedures.

Article 37 (Date of Implementation)

The present procedures shall become effective on January 1,1996.

PROVISIONS OF THE STATE COUNCIL FOR FURTHER MAKING PERFECT ECONOMIC POLICY ON CULTURE

Category	CULTURE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-09-05	Effective Date	1996-09-05

Provisions of the State Council for Further Making Perfect Economic Policy on Culture

(September 5, 1996)

With a view to effectively strengthening the construction of socialist
spiritual civilization, facilitating the healthy development of cultural
undertakings, the State Council has decided to further make perfect economic
policy on culture so that while the state finance strengthens the investment
into cultural undertakings, other funding channels could be broadened and a
fund solicitation system with multi-funding channels which conforms with the
requirements of the socialist market economy could be erected step by step.

1. Levy of Cultural Undertaking Construction Fees

To lead and control the development of cultural undertakings, the state
shall from the date of January 1, 1996 and onward, levy cultural undertaking
construction fees nationwide except for localities where such fees have
already been collected:

(1) An amount of three percent of business income shall be levied as
cultural undertaking construction fees upon all profit-making song halls,
ballrooms, Karaoke rooms, music-and-tea rooms, and recreational places of
golf, billiards or bowling.

An amount of three percent of business profit shall be levied as cultural
undertaking construction fees upon all broadcasts, TV stations, newspapers,
journals, other advertisement-service-inclusive units and units that run
business of open place advertisement.

(2) Cultural undertaking construction fees shall be collected by local tax
organs simultaneously with business tax levied on entertainment and
advertisement services. Payment of cultural undertaking construction fees by
units attached to the central government or state organs shall, after being
collected by local tax organs, all be turned over to the central state
treasury. Payment of cultural undertaking construction fees by localities
shall all be turned over to provincial state treasuries.

(3) Cultural undertaking construction fees shall be subjected to financial
budget management. Specialized funds at both central and provincial levels
shall be set up, which should have their funds used in the construction of
cultural undertakings. Detailed procedures governing the management and
application of cultural undertaking construction fees shall be drafted by the
financial department in cooperation with other relevant administrative
departments.

2. Contributions to Cultural Undertakings Shall Be Encouraged

To encourage the financial support of social forces to cultural
undertakings, the following donations to cultural institutions by a taxpayer
through the administrative department in charge of culture or through
non-profit-making charity institutions established after authorization may,
subject to the examination of the competent tax organ, be deducted up to three
percent of annual taxable income when the taxpayer computes his taxable income.

(1) donations to key state symphony orchestras, ballet troupes, opera
troupes or Beijing opera troupes and other theatres performing national arts;

(2) donations to public welfare institutions such as libraries, museums,
science and technology centres, art galleries, revolutionary history
celebration halls;

(3) donations to major culture relics preservation units.

3. Financial and Tax Preferential Policies Shall Be Continuously Adopted

With the economic development and revenue increase, investment in cultural
undertakings shall be enlarged step by step. Preferential financial and tax
policies shall continue.

(1) During the Ninth-Five-Year period, the value-added tax imposed upon
publications of the seven categories described in the Provisions on continuing
Preferential Policy on Finance and Taxation for Propaganda and Cultural Units,
which was promulgated by the Financial Ministry and the State Tax
Administration through Financial and Tax document No.089 in 1994, and upon
publications sold by Xinhua bookstores at county level and below, and by rural
supply and marketing cooperatives shall continue to be subject to the
procedure of “collection first and refunding later”. Film studios established
after authorization by the State Council shall have their sales income of film
copies exempted from levy of value-added tax. Central and provincial financial
departments shall continue to approve the expense budget of propaganda and
cultural enterprises according to their actual payment of income tax in the
preceding year, and shall establish special funds for propaganda and culture
development. Central and provincial financial departments, shall, when making
a budget, continue to allocate part of the budget as special money for the
funds for propaganda and culture development.

Where the finance and taxation preferential policy is terminated due to
readjustment of tax system, financial departments at different levels shall,
through budget arrangement, solve consequent fund problems of propaganda and
culture units.

(2) Financial aid to the “Border Cultural Corridor of Ten Thousand Li”
shall be raised properly. Certain amount of minority nationality undertakings
funds and border construction funds shall be allocated for support to cultural
undertakings construction of remote border areas and minority nationality
areas.

4. Establishment and Improvement of Specialized Fund System

To promote the development of propaganda and cultural undertakings,
strengthen the competence of control, ensuringly satisfy major demands and
standardize the management of funds, the central and provincial governments
shall establish a sound specialized fund system.

Sources of the specialized funds include financial budget or
extra-budgetary funds such as fees collected according to the relevant state
regulations. The financial department shall make proper budgetary arrangement
for the specialized funds. Other relevant departments shall collect
extra-budgetary funds strictly according to corresponding regulations.
Presently, focus of the work shall be placed on improvement of the following
funds: Specialized funds for Propaganda and Culture Development, Specialized
Funds for Composition and Performance of Excellent Operas and Programmes,
National Specialized Funds for Development of Film Undertakings, Specialized
Funds for Development of Publishing Undertakings.

Specialized funds are part of financial resources, and shall be subject to
the relevant financial regulations and placed under a more sound system and
strengthened management. Specialized funds shall be specially used and
subjected to the supervision and check of financial and auditing departments.

MARTIAL LAW

Category	LEGISLATION AND MISCELLANEOUS AFFAIRS	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1996-03-01	Effective Date	1996-03-01

Martial Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Enforcement of the Martial Law
Chapter III  Measures for Enforcement of the Martial Law
Chapter IV  Duties of the Martial Law Enforcers
Chapter V  Supplementary Provisions

(Adopted at the 18th Meeting of the Standing Committee of the Eighth

National People’s Congress, promulgated by Order No.61 of the President of the
People’s Republic of China on March 1, 1996)
Contents

Chapter I General Provisions

Chapter II Enforcement of the Martial Law

Chapter III Measures for Enforcement of the Martial Law

Chapter IV Duties of the Martial Law Enforcers

Chapter V Supplementary Provisions
Chapter I General Provisions

Article 1 Pursuant to the Constitution of the People’s Republic of China,
the present Law is formulated.

Article 2 In case of occurrence of turmoil, tumult or serious riot that
imperils the unity, safety or social public order of the state to such an
extent that the social order would not be maintained and the people’s personal
and property safety not protected if extraordinary measure should not be
adopted, the state may decide to enforce the martial law.

Article 3 The enforcement of martial law over the whole state or in
particular province, autonomous region or municipality directly under the
central government shall be proposed by the State Council and submitted to the
Standing Committee of the National People’s Congress for decision; the
President of the People’s Republic of China shall proclaim the order of
martial law according to the decision of the Standing Committee of the
National People’s Congress.

The enforcement of martial law in certain district of a province,
autonomous region or municipality directly under the central government shall
be decided by the State Council and the order of the martial law be proclaimed
by the Premier of the State Council.

Article 4 During the period of the enforcement of the martial law, with a
view to ensuring the enforcement of the martial law, maintaining the social
public order, the state may formulate according to the present Law special
provisions of the district under martial law regarding the exercise of
citizens’ rights and freedom provided for by the Constitution and the law.

Article 5 The people’s governments of the district under martial law
shall according to the present Law adopt necessary measures to restore normal
social order as soon as possible, safeguard the personal and property safety
of the people and ensure the supply of life necessities.

Article 6 All organizations and individuals of the district under martial
law shall rigorously abide by the order of the martial law and the
prescriptions for the enforcement of the martial law and actively assist the
people’s government in restoring normal social order.

Article 7 The state shall adopt effective measures to protect from
infringement the legitimate rights and interests of the organizations or
individuals who abide by or implement the prescriptions of the order of the
martial law.

Article 8 The tasks for the enforcement of the martial law shall be
fulfilled by the people’s police and armed people’s police and, where
necessary, the State Council may propose to the Central Military Commission
for decision that the people’s liberation army be dispatched for assisting to
enforce the martial law.
Chapter II Enforcement of the Martial Law

Article 9 The enforcement of the martial law over the whole country or in
particular province, autonomous region or municipality directly under the
central government shall be organized by the State Council.

The enforcement of the martial law in certain district of a province,
autonomous region or municipality directly under the central government shall
be organized by the people’s government of the province, autonomous region or
municipality directly under the central government, or, when necessary,
directly by the State Council.

The agency organizing the enforcement of the martial law is referred to as
the martial law enforcement organ.

Article 10 The martial law enforcement organ shall establish a martial
law commanding body, which shall command and coordinate concerned departments
to fulfill tasks for enforcement of the martial law, uniformly make
arrangements and adopt measures for the enforcement of the martial law.

The people’s liberation army undertaking the martial law tasks shall,
subject to the uniform arrangements of the martial law commanding body, be
commanded by the military organ designated by the Central Military Commission.

Article 11 The order of the martial law shall specify the area scope
under the martial law, the starting and ending time and the enforcement organ
etc.

Article 12 Upon the removal of urgent situation for which the martial
law was enforced according to provisions of Article 2 of the present Law, the
martial law shall be lifted in time.

The procedures regarding lifting of the martial law are the same with that
governing the decision for the introduction of the martial law.
Chapter III Measures for Enforcement of the Martial Law

Article 13 During the period of the enforcement of the martial law, the
martial law enforcement organ may decide to adopt the following measures in
the district under martial law and formulate more detailed procedures for
implementation thereof:

(1) prohibiting or imposing restrictions on assembly, procession,
demonstration, speech on street or other gathering activities;

(2) prohibiting strike of employees, students and shopkeepers;

(3) practising press censorship;

(4) putting under control correspondence, post and telecommunications;

(5) putting under control the exit from or entry into the border;

(6) prohibiting any resisting activities against the enforcement of the
martial law.

Article 14 During the period of enforcement of the martial law, the
martial law enforcement organ may decide to adopt measures in the district
under martial law to control the traffic, impose restrictions on passengers’
entry into and exit from the district under traffic control and inspect
certificates of passengers, vehicles and commodities when they exit from or
enter the district under traffic control.

Article 15 During the period of enforcement of the martial law, the
martial law enforcement organ may decide to impose a curfew on the district
under the martial law. During the period of curfew, passengers when going
through the street or other public places of the district under curfew shall
hold identity card of their own and the special pass issued by the martial law
enforcement organ.

Article 16 During the period of enforcement of the martial law, the
martial law enforcement organ or the martial law commanding body shall adopt
special measures in the district under martial law for management of the
following commodities and articles:

(1) weapons and ammunitions;

(2) cutting tools subject to control;

(3) inflammables and explosives;

(4) dangerous chemicals, radioactive substances and highly poisonous
substances.

Article 17 In light of the necessity for implementing the tasks of
enforcement of the martial law, the people’s government at and above the
county level in the district under martial law may temporarily requisition the
state organs, enterprises, institutions, social organizations or individual
citizens for their houses, premises, facilities, conveyances or project
machines. In most urgent cases the on-the-spot commanding officials of the
people’s police, the armed people’s police or the people’s liberation army
undertaking martial law enforcement tasks may directly decide to make
temporary requisitions and the local people’s government shall provide
assistance therefor. Requisition receipts shall be made out when the
requisition is made.

The aforesaid materials for temporary requisition shall be timely returned
after their use have been finished or the martial law is lifted. In case of
any damage because of the requisition the people’s government at and above the
county level shall make compensations according to relevant state provisions.

Article 18 During the period of enforcement of the martial law, measures
shall be adopted to strengthen guarding of the following units and premises of
the district under martial law:

(1) headquarters;

(2) military agencies and important military facilities;

(3) foreign consulates and embassies instituted in China, representative
offices of international organizations in China and residing places of state
guests;

(4) import news units such as broadcasting stations, television stations,
the state news agency and the important facilities thereof;

(5) public enterprises or public facilities that have important
significance to the national economy and the people’s livelihood;

(6) airports, railway stations and harbours;

(7) prisons, labour reformatories and detention houses;

(8) other units or premises that need to be guarded.

Article 19 To safeguard the supply of life necessities for residents of
the district under the martial law, the martial law enforcement organ may
adopt special measures for the management of the production, transportation,
supply and price of those life necessities.

Article 20 The measures and procedures for the enforcement of the martial
law adopted by the martial law enforcement organ according to the present Law
shall be publicized if they require the observation of the public. During the
period of enforcement those measures and procedures that are not necessary for
continuous implementation shall in light of the situation be timely proclaimed
for termination of their implementation.
Chapter IV Duties of the Martial Law Enforcers

Article 21 The people’s police, the armed people’s police and the
people’s liberation army undertaking tasks of martial law enforcement are the
enforcers of the martial law.

Martial law enforcers undertaking martial law enforcement tasks shall bear
the badge uniformly specified by the martial law enforcement organ.

Article 22 Martial law enforcers shall according to prescriptions of the
martial law enforcement organ have the power to make inspection on
certificates, vehicles and commodities of passengers on the public roads or
other public places of the district under the martial law.

Article 23 Martial law enforcers shall according to prescriptions of the
martial law enforcement organ have the power to detain persons who violate
prescriptions regarding the curfew until the early morning when the curfew is
lifted for that day, to make body search of the detained persons and to
inspect the materials and commodities brought along with them.

Article 24 Martial law enforcers shall according to prescriptions of the
martial law enforcement organ have the power to put under detention the
following persons:

(1) persons who are found or highly suspect of committing crimes of
imperiling the state safety or sabotaging the social order;

(2) persons who obstruct or resist the enforcers’ implementation of tasks
for enforcement of the martial law;

(3) persons who resist traffic control or defy the prescriptions for the
curfew;

(4) persons who resist the enforcement of the martial law in other forms.

Article 25 Martial law enforcers shall according to prescriptions of the
martial law enforcement organ have the power to make body inspection of the
detained persons, to inspect the residence of criminal suspects, or places
suspected of hiding criminals, criminal suspects or weapons, ammunitions or
other dangerous articles.

Article 26 In any of the following cases of gathering in the district
under martial law, the martial law enforcers, when failing to stop the
gathering by persuasion, may, according to relevant prescriptions, use police
apparatus to stop or disperse the gathering by force, bring by force the
organizers and resisters away from the gathering place and/or put them under
detention immediately:

(1) illegal assembly, procession, demonstration or other gathering
activities;

(2) illegally occupying public places or provoking sabotaging activities
in public places;

(3) assaulting state organs or other important units or places;

(4) disturbing the traffic order or intentionally obstructing the traffic;

(5) gathering to plunder or sabotage the properties of government organs,
associations, enterprises, institutions or individual citizens.

Article 27 Martial law enforcers shall timely register and interrogate
the persons detained in accordance with the present Law and shall set free
those persons immediately after finding it unnecessary to put them under
custody.

The procedures and length in respect to detention and arrest during the
period of martial law enforcement may not be subject to restrictions provided
for by relevant stipulations of the Criminal Procedure Law of the People’s
Republic of China; but the act of arrest shall subject to the approval or
decision of the people’s procuratorate.

Article 28 In any of the following cases of extraordinary emergency in
the district under martial law, the military law enforcers, when failing to
put an end by using police apparatus, may use firearms or other weapons:

(1) the safety of the life of citizen or martial law enforcer being
endangered by violence;

(2) the offender resisting by violence, committing murder or escaping when
it is attempted to detain or arrest them or send them away under escort;

(3) the offender seizing weapons or ammunitions by force;

(4) the important body or target guarded being assaulted by violence or in
the severe danger of being assaulted by violence;

(5) the operation of fire fighting, dealing with emergency, rescue or
implementation of other important urgent tasks being obstructed by serious
violence;

(6) other cases in which firearms and other weapons may be used according
to law or administrative regulations.

Martial law enforcer shall strictly observe the prescriptions regarding
using of firearms or other weapons.

Article 29 Martial law enforcers shall strictly observe the law,
regulations and enforcement rules, obey the orders, perform the duties,
respect the customs and traditions of local nationals and must not infringe
upon or damage the legitimate rights and interests of the citizens.

Article 30 The actions conducted by martial law enforcers for fulfillment
of tasks according to law shall be protected by law.

In case of violation of the present Law, abuse of power, violation or
damage of the legitimate rights and interests of citizens by martial law
enforcers, the legal liabilities shall be investigated into according to law.
Chapter V Supplementary Provisions

Article 31 In case the state does not decide to enforce a martial law
when serious riot arises in partial district of a particular county or city
that severely endangers the state safety, social public security and the
people’s lives and property, the local people’s government of the respective
province may, subject to approval of the State Council, decide to organize the
people’s police and the armed people’s police to put under control the traffic
and the site, make restrictions on entry into and exit from the controlled
area, inspect certificates, vehicles, materials and commodities of passengers
entering or exiting from the controlled area, disperse, search or bring away
from the site by force the participants in the riot and immediately put under
detention the organizers and resisters. In case the people’s police and the
armed people’s police are not adequate to maintain the social order, the State
Council may be requested to propose to the Central Military Commission for
decision that the people’s liberation army be dispatched to assist the local
people’s government in restoring and maintaining the normal social order.

Article 32 The present Law comes into force as of the date of
promulgation.

CIRCULAR OF THE STATE COUNCIL CONCERNING APPROVING AND TRANSMITTING THE JOINT PROPOSALS OF THE SECURITIES COMMISSION OF THE STATE COUNCIL AND THE CHINA SECURITIES SUPERVISORY AND REGULATORY COMMISSION ON FURTHER STRENGTHENING SUPERVISION AND MANAGEMENT OF THE OPTION MARKET

Category	BANKING	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-02-23	Effective Date	1996-02-23

Circular of the State Council Concerning Approving and Transmitting the Joint Proposals of the Securities Commission of the State Council and the China Securities Supervisory and Regulatory Commission on Further Strengthening Supervision and Management of the Option Market

The Circular
Appendix: JOINT PROPOSALS ON FURTHER STRENGTHENING SUPERVISION AND

(February 23, 1996)

The Circular

The State Council has approved the Joint Proposals on Further
Strengthening Supervision and Management of the Option Market submitted by the
Securities Commission of the State council and the China Securities
Supervisory and Regulatory Commission, and hereby transmits them to you for
the earnest implementation thereof.
Appendix: JOINT PROPOSALS ON FURTHER STRENGTHENING SUPERVISION AND
MANAGEMENT OF THE OPTION MARKET

Complying with the overall strategy of the State Council, the Securities
Commission of the State Council and the China Securities Supervisory and
Regulatory Commission (hereinafter abbreviated to CSSRC) have strengthened the
management and restructuring of the option market. After two years’ effort,
the tendency of disorderly development of the option market has to certain
extent been restrained, the market actions have been gradually regulated, the
competence of supervision and management has been further improved and the
pilot projects have been progressed to the right path. However, the option
market still suffers from some problems that should not been neglected. The
protruding problems are as follows: a few big clients, relying on their
capital strength, conspire to rig the market for staggering profits; a few
people embezzle public funds to speculate in futures for private profit at the
public expense, utilize bank loans or call money or collect capital under
disguise for forward business; some individual clients even commit financial
crimes in forward exchanges in violation of relevant regulations purposely.
Those offences not only obstruct other enterprises in lawful business
activities such as arbitrage transactions for value maintenance but also
disrupt the normal order of the option market and obstruct its healthy
development. To further restrain excessive speculations and strengthen the
supervision and regulation of the option market, following proposals are put
forward:

1. Enterprises and institutions owned by the state or dominated by state
capital stocks (hereinafter referred to as state-owned enterprises and
institutions) shall be allowed to develop arbitrage transactions for value
maintenance only on futures commodities that are relevant to the production
and business of the enterprises and institutions in question and should not
conduct speculation or malicious manipulation in forward transactions.
State-owned enterprises and institutions who are to engage in arbitrage
transactions for value maintenance shall show the forward exchange or futures
agent institutions documents of approval obtained from relevant authority in
charge or from the board of directors. Those who fails to show the document of
approval may not be accepted by the forward exchange as an institutional
member or by futures agent institutions as a client. In case a forward
exchange or a futures agent institution violates the abovementioned
stipulations, the CSSRC shall, in addition to investigation into the
responsibilities of the persons in charge, order a correction, a fine, a stop
of business for futures exchange or disqualification from being a trial
forward exchange or a futures transaction agent in light of the seriousness of
the offence. State-owned enterprises or institutions who arbitrarily conduct
forward transactions without approval of the authority in charge or board of
directors or suffer a loss in speculation in forward business shall have the
persons in charge assessed in terms of responsibilities.

2. Different kinds of banking institutions may not for itself or on
commission of others engage in forward business. Those banking institutions
who have begun forward business for itself shall within 40 business days after
the date of March 4, 1996 square the cash account for the business. Those
banking institutions who have begun forward business on commission of others
may not accept new clients ever from the date of March 4, 1996 and shall
within 40 business days thereafter conclude all agent business by squaring the
cash accounts or by transfer of the clients cash to other futures agent
institutions. All forward exchanges who have banking institutions as business
members thereof shall perform supervisory function so that those institutions
could within the prescribed time conclude forward business whether operated
for themselves or on commission of others, and shall deprive them of the
membership after matters concerning credits and liabilities are settled.
Futures agent institutions who have banking institutions as clients shall
perform supervisory functions so that those institutions could within the
prescribed time bring their accounts to a balance and shall cancel the
accounts after matters concerning credit and liabilities are settled.

Any banking institution may not make out letter of security on capital
intended for forward transactions. It is rigorously prohibited to use bank
loans or call money for forward business. Banking institutions at all levels
shall strengthen supervision and management to guard against the flow of
credit funds into the option market.

3. Futures agent companies may not engage in forward transactions for
themselves. Those who have begun such business for themselves shall within 40
business days from the date of March 4, 1996 square the account with the cash
held for forward business. In case a futures agent company continues the
forward transactions for itself against this stipulation, the CSSRC shall, in
addition to investigation into the responsibilities of the persons in charge,
order a correction, a fine, a stop of business for rectification, or
disqualification from being a forward business agent in light of the
seriousness of the offence.

4. With a view to reinforcing the supervision and management of the option
market, effectively preventing from, investigating and dealing with market
manipulation cases, the CSSRC may in accordance with relevant procedures make
inquiries into the accounts opened at the commercial banks or other banking
institutions by forward exchanges, futures agent institutions and clients.

5. All forward exchanges shall in consideration of their own individual
circumstances establish a system of “banning entrance into the market”. Those
institutions or individuals who have proved to have rigged the market or
committed fraudulent conducts in forward transactions and have therefore
caused serious consequence shall be publicized as “the persons banned from
entrance into the market” and be reported to the CSSRC, who shall then
circulate a notice among all forward exchanges. In addition to issue of an
order for squaring the forward business accounts, all forward exchanges,
futures agent institutions shall immediately stop accepting new directions for
forward transaction from “the person banned from entrance into the market”. If
the criminal law is violated, the case shall be transferred to the judicial
organs for assessment of criminal responsibilities. For those who have been
notified by the CSSRC as “persons banned from entrance into the market”, no
forward exchange or futures agent institution may open accounts for their
forward business within three years. In case a forward exchange or a futures
agent institution accepts a person banned from entrance into the market, the
CSSRC shall, in addition to investigation into the responsibilities of the
concerned persons in charge, order a correction, confiscation of illicit
gains, a fine, a stop of business for rectification, disqualification from
being a trial forward exchange or from developing forward agent business.

6. With a view to bringing into full play the functioning of the option
market for value maintenance through futures and prices identification, to
preventing from a large amount of capital being utilized on small commodity
futures, and to ridding the option market of the vicious circle of more and
more rampant speculation in smaller and smaller commodities futures, certain
kinds of staple commodities futures which are maturely developed in the
international market and that can most effectively perform the function of
value maintenance through futures should be selected in due course for trial
marketing by a few much standardized forward exchanges subject to strict
supervision and control.

RULES FOR THE IMPLEMENTATION OF THE BUSINESSES OF SETTLEMENT AND SALE OF AND PAYMENT IN FOREIGN EXCHANGE OF FOREIGN-CAPITAL BANKS

The People’s Bank of China

Rules for the Implementation of the Businesses of Settlement and Sale of and Payment in Foreign Exchange of Foreign-capital Banks

the People’s Bank of China

June 18, 1996

Chapter I General Provisions

Article 1

These Rules are formulated in accordance with the Regulations of the People’s Republic of China on Administration of Financial Institutions
with Foreign Investment and the Provisions on Administration of Settlement and Sale of and Payment in Foreign Exchange for the purposes
of improving the system of foreign exchange settlements and sales and standardizing the activities of foreign exchange settlements,
sales and payments of banks with foreign investment.

Article 2

Foreign-capital banks mentioned in these Rules refer to foreign capital banks, branches of foreign banks and Chinese-foreign equity
joint banks within Chinese territory approved by the People’s Bank of China and issued with a Licence to Engage in Foreign Exchange
Business by the State Administration of Foreign Exchange.

Article 3

Renminbi special accounts for settlement and sale of foreign exchange mentioned in these Rules refer to Renminbi special accounts
opened by foreign-capital banks in local branches of the People’s Bank of China and used for conducting the business operations of
settlement and sale of foreign exchange.

Article 4

Foreign-capital banks shall only be allowed to conduct such business operations as settlement and sale of and payment in foreign exchange
of enterprises with foreign investment, settlements under loans of non enterprises with foreign investment and other business operations
of settlement and sale of and payment in foreign exchange approved by the State Administration of Foreign Exchange, and shall implement
the provisions of the Provisions on Administration of Settlement and Sale of and Payment in Foreign Exchange.

Chapter II Administration of Renminbi Special Accounts for Settlement and Sale of Foreign Exchange

Article 5

A foreign-capital bank may, upon the approval of a local branch of the People’s Bank of China, open a Renminbi special account for
settlement and sale of foreign exchange at the local branch of the People’s Bank of China which is to be used for receiving and paying
Renminbi in the business operations of settlement and sale of foreign exchange.

Article 6

A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall meet the following
requirements:

(1)

It is authorized by the State Administration of Foreign Exchange to conduct import and export settlement operations;

(2)

It is a member of the China Transaction Center of Foreign Exchange after being approved by the China Transaction Center of Foreign
Exchange and reported to the State Administration of Foreign Exchange for the record.

Article 7

A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall submit the following
documents:

(1)

an application for opening a Renminbi special account for settlement and sale of foreign exchange;

(2)

the Licence to Engage in Foreign Exchange Business Operations issued by the State Administration of Foreign Exchange;

(3)

documents certifying the approval of its status as a member of the Foreign Exchange Transaction Center of China.

Article 8

A foreign-capital bank which is authorized to open a Renminbi special account for settlement and sale of foreign exchange may, by
selling 20 per cent of its registered foreign exchange capital funds or operation funds through the foreign exchange transaction
market among banks, buy Renminbi and have it deposited into the Renminbi special account for settlement and sale of foreign exchange
as working capital funds.

Article 9

Foreign Exchange bureaus shall exercise balance control over Renminbi special accounts for settlement and sale of foreign exchange
of foreign-capital banks. The daily capital balance of a Renminbi special account for settlement and sale of foreign exchange shall
not exceed the verified amount without approval. The balance exceeding the verified amount shall be converted into foreign exchange
through foreign exchange transactions among banks and shall not be lent in Renminbi. The State Administration of Foreign Exchange
shall, depending on the conditions of the settlement and sale of foreign exchange of a foreign-capital bank, verify and adjust the
balance of its Renminbi special account for settlement and sale of foreign exchange.

Article 10

Where a Renminbi special account for settlement and sale of foreign exchange is not enough to be settled due to the failure of transference
of Renminbi funds, a Chinese-funded financial institution which signs a daily lending agreement on settlement and sale of foreign
exchange with this foreign-capital bank and opens an account at the local branch of the People’s Bank of China may, by asking a local
financing intermediate institution engaged in inter-bank lending business to act as its agent, provide daily lending funds to the
foreign-capital bank within a period of 48 hours so as to ensure the normal transactions.

Article 11

The scopes of revenues and expenditures of a Renminbi special account for settlement and sale of foreign exchange of a foreign-capital
bank shall be as follows: Revenues: money in Renminbi derived from selling its foreign exchange capital funds or operation funds;
money in Renminbi allocated into the account by clients for buying foreign exchange; money in Renminbi derived from the sale of foreign
exchange through the foreign exchange market among banks. Expenditures: money in Renminbi due to clients for the settlement of foreign
exchange; money in Renminbi for buying foreign exchange through the foreign exchange market among banks.

Article 12

Foreign-capital banks conducting the business operations of settlement and sale of foreign exchange shall participate in the “Renminbi
bills clearance system in the same city” of the People’s Bank of China so as to establish a network of allocation of Renminbi between
foreign-capital banks and their clients and to conduct clearance of Renminbi funds.

Article 13

A foreign-capital bank participating in the “Renminbi bills clearance system in the same city” shall meet the following requirements:

(1) possessing staff members passing the examination of “Renminbi bills clearance in the same city”;

(2) possessing an agreement on daily lending RMB for settlement and sale of foreign exchange signed with a Chinese-funded financial
institution.

Article 14

Foreign-capital banks shall use Renminbi special payment vouchers of settlement and sale of foreign exchange uniformly printed and
produced by the People’s Bank of China to undertake the receipts and payments of funds in Renminbi special accounts of settlement
and sale of foreign exchange, and shall not have the special vouchers used in any other businesses.

Article 15

Foreign-capital Banks shall use their Renminbi special accounts of settlement and sale of foreign exchange in accordance with the
Measures for Administration of Bank Accounts (promulgated by the People’s Bank of China on October 9,1994), and shall not use them
for receiving or paying, depositing or transferring Renminbi for any other unit or individual, and shall not lease, lend or exchange
these Renminbi special accounts.

Chapter III Supplementary Provisions

Article 16

Foreign-capital banks shall, in accordance with the Interim Measures for Administration of Verification of Import Payment of Foreign
Exchange and other relevant provisions, undergo the relevant formalities of verification of import payment of foreign exchange for
their clients and render cooperation in the work in relation to the verification of export collection of foreign exchange.

Article 17

For the purpose of avoiding the risks of foreign exchange rates by clients with forward trade contracts, foreign-capital banks may,
upon approval, conduct the businesses of forward transactions between Renminbi and foreign exchange and other value-preservation
business in accordance with the relevant provisions.

Article 18

Foreign-capital banks shall every day submit their Daily Statement of Renminbi Special Accounts Balance for Settlement and Sale of
foreign exchange of Banks with Foreign Investment to the local branches of the State Administration of Foreign Exchange and the statements
required by the State Administration of Foreign Exchange. When the daily balance of account funds exceeds the amount of a special
account for settlement and sale of foreign exchange verified by the State Administration of Foreign Exchange, the bank shall report
the matter to the foreign exchange bureau on its initial.

Article 19

The foreign exchange bureaus shall, in accordance with the provisions, supervise and examine the business operations of settlement
and sale of and payment in foreign exchange and the uses of Renminbi special accounts for settlement and sale of foreign exchange
by foreign-capital banks with foreign investment.

Article 20

Where the relevant provisions of these Rules are violated, the foreign exchange bureau may, in accordance with the Regulations of
the People’s Republic of China on Foreign Exchange Control, give a warning, issue a notice of criticism, impose a fine or have the
business operations of settlement and sale of and payment in foreign exchange suspended.

Article 21

The State Administration of Foreign Exchange shall be responsible for the interpretation of these Rules.

Article 22

These Rules shall enter into force as of July 1, 1996. The Interim Provisions on Renminbi Special Accounts of Foreign-capital Banks
shall be repealed simultaneously.

The People’s Bank of China
1996-06-18

MEASURES FOR ADMINISTRATION OF GUARANTEES OVERSEAS BY INSTITUTIONS WITHIN THE CHINESE TERRITORY

The People’s Bank of China

Decree of the People’s Bank of China

No.3

According to the Guarantee Law of the People’s Republic of China and other relevant State administrative regulations governing foreign
exchange, the People’ bank of China has drew the Measures for Administration of Guarantees Overseas by Institutions within the Chinese
Territory, it is hereby promulgated and shall enter into force as of October 1,1996.

President of the People’s Bank of China: Dai Xianglong

September 25, 1996

Measures for Administration of Guarantees Overseas by Institutions within the Chinese Territory

Article 1

These Measures are formulated with a view to promoting foreign economic and technological cooperation, supporting the development
of foreign trade, promoting labour export, and import of foreign advanced technology, equipment and funds, smoothly carrying foreign
financial activities, standardizing activities of and improving the administration of guarantees to overseas entities in line with
“The Guarantee Law of the People’s Republic of China” and relevant State administrative regulations governing foreign exchange.

Article 2

Guarantees made overseas referred to in these Measures are guarantees in the forms of guarantee letters, stand-by letters of credit,
cashiers’ checks and drafts, mortgages by properties stipulated in Article 34 of the “Guarantee Law of the People’s Republic of
China”, hypothecation by moving properties stipulated in Section 1 of Chapter 4 of the “Guarantee Law of PRC” or by rights stipulated
in Article 75 of the above-mentioned “Guarantee Law” provided by institutions within Chinese territory (excluding financial institutions
with foreign investment inside China, hereinafter referred to as the guarantors) to institutions outside China or financial institutions
with foreign investment inside China (creditors or beneficiaries, hereinafter referred to as the creditors) with the pledges that
when the debtors (hereinafter referred to as the guaranteed) fail to repay the debts in line with the contracts, the guarantors shall
perform the obligation of repayment. Such guarantees include:

(1)

call money guarantee;

(2)

guarantees for the lease of call money;

(3)

guarantees for accounts under compensation trade;

(4)

guarantees for the contracted engineering projects outside China; and

(5)

guarantees for others with the nature of foreign debts

Guarantors should not provide such guarantees in the form of lien or deposits.

The guarantees provided to the financial institutions with foreign investment inside China is regarded as made overseas.

Article 3

The People’s Bank of China empowers the State Administration for Exchange Control and its subdivisions (hereinafter referred to as
the SAEC) to be responsible for the examination, approval, administration and registration of guarantees made overseas.

Article 4

Guarantors as stipulated in these Measures are:

(1)

financial institutions which have been empowered of making guarantees overseas (excluding financial institutions with foreign investment);
and

(2)

non-financial enterprise legal persons that have the capacity to pay off the debts, including Chinese enterprises and enterprises
with foreign investment.

State organs and institutions cannot provide guarantees overseas except for sub-lending of loans provided for by foreign governments
or international economic organizations.

Article 5

The combined balances of guarantees made overseas, forex guarantees within Chinese territory and foreign exchange debts of a financial
institution cannot exceed 20 times their forex funds.

The balance of guarantees made overseas provided by a non-financial institution legal person cannot exceed 50% of its net assets or
its forex revenue in the preceding year.

Article 6

Chinese enterprises can only provide such guarantees for the sub-divisions directly subordinate to it or for the foreign debts of
the investment of the Chinese side of a stock enterprise.

For providing guarantees overseas, the ratio between the net assets and total assets of a Chinese trade enterprise cannot be lower
than 15% in principle.

For providing guarantees overseas the ratio between the net assets and total assets of a Chinese non-trade enterprise cannot be lower
than 30% in principle.

Article 7

Guarantors should not provide guarantee for money-losing overseas enterprises.

Article 8

When providing guarantees for enterprises with foreign investment (excluding solely foreign-owned enterprises), the guarantors should
adhere to the principle of jointly undertaking risks and sharing profits, and at the same time, the use of foreign loans of the guaranteed
should accord with the State industrial policy, and the loans cannot be converted into Renminbi for use without approval.

Guarantors should not provide guarantees for registered capital of enterprises with foreign investment.

Apart from the enterprises with foreign investment, guarantors should not provide guarantees for the foreign debts of investment by
the foreign side of a enterprise with foreign investment.

Article 9

While examining and approving the guarantee provided to a trade enterprise outside China by a guarantor, the SAEC shall examine the
trade scope, the ratio between assets and debts, losses and benefits of the guaranteed, and then appraise and decide the ceiling
of guarantee the guaranteed shall receive.

While examining and approving a guarantee provided to a project contractor outside China by a guarantor, the SAEC shall examine the
amount and risks of the contracted project, the ratio between the assets and debts, losses and benefits of the guaranteed, and then
appraise and decide the ceiling of guarantee the guaranteed shall receive.

Article 10

Terms of reference for examining and approving guarantees overseas:

(1)

In providing guarantee overseas for Chinese enterprises and such guarantees within one year (including one year) for enterprises with
foreign investment, guarantors should report to the SAEC of its province, autonomous region, municipality directly under the Central
Government, municipality separately listed on the State plan or of the special economic zone for examination and approval; and

(2)

In providing guarantees of more than one year (excluding one year) to enterprises with foreign investment and to institutions outside
China, guarantors should report to the SAEC of its province, autonomous region, municipality directly under the Central Government,
municipality separately listed on the State plan or of the special economic zone for initial examination and then to the country’s
SAEC for examination and approval.

Article 11

Guarantors should provide part or all of the following materials to the SAEC in going through the formalities of reporting its deal
for approval:

(1)

the approved feasibility study report of the project to be guaranteed and other approved related documents;

(2)

the balance sheets (consolidated balance sheets if the guaranteed is a group company) as audited by certified accountants;

(3)

the profit and loss report of the guaranteed which has been audited by the certified accountants;

(4)

the letter of intent of the guarantee contract;

(5)

the major debt contract or letter of intent under the guaranteed project and other related documents;

(6)

relevant materials as stipulated in Articles 8 and 9 of these Measures; and

(7)

other materials as required by the SAEC.

Article 12

Guarantors can only provide guarantees overseas upon approvals by SAEC.

Article 13

In providing guarantee overseas, guarantors should conclude written contracts with the creditors and the guaranteed, agreeing on the
following rights and obligations of each party:

(1)

Guarantors have the right to supervise the funds and properties of the guaranteed;

(2)

After provision of guarantees, creditors and guaranteed should have the agreement of guarantors if they need to revise the guarantee
contract and the guarantors should report the revision to the SAEC for examination and approval; otherwise the guarantors should
automatically be relieved of their obligations;

(3)

After their providing guarantee overseas, the guarantors should, within the terms of validity of the contracts, perform their obligations
as stipulated in the contracts. Guarantors that have performed their obligations have the right to seek compensations from the guaranteed;

(4)

After providing guarantee overseas, guarantors concerned should automatically be relieved of their obligations if the creditors fail
to perform their obligations as set in the debt contracts within the term of validity of the guarantee contracts;

(5)

Guarantors have the right to ask the guaranteed to carry out the counter-guarantee measures or provide corresponding mortgages; and

(6)

Guarantors have the right to collect the agreed guarantee charges.

Article 14

After providing guarantee overseas, guarantors should go to the local SAEC to go through the formalities of guarantee registration.

After providing guarantee overseas, non-financial institutions should, within 15 days beginning from dates when guarantee contracts
are concluded, go to the local SAEC to fill out the “Guarantee Overseas Registration Form”; collect the “Guarantee Overseas Registration
Book”; draw and remit the forex needed by the guarantee contracts upon the check and approval of the local SAEC, and correspondingly
reduce the balances of the guarantee and debts.

Financial institutions should fill out the “Guarantee Overseas Feedback Form” within 15 days following the end of each month and report
the debt of preceding month every month.

Article 15

If an extension is needed upon the expiration of a guarantee, the guarantor should go to the local SAEC to go through the formalities
of extension 30 days prior to the expiration of the debts and the SAEC shall examine and approve according to the terms of reference
set in Article 10 of these Measures.

Article 16

Non-financial institution guarantors should return the “Foreign Guarantee Registration Book” to the original issuing SAEC and handle
the writing-off formalities within 15 days beginning from the date when the debts under the guarantee account are due, the guarantee
obligations are completed or other cases that lead to the suspension of the guarantee contracts. Financial institution guarantors
should go through the writing-off formalities.

Article 17

If a guarantor provides guarantee overseas without approval, foreign guarantee contract it concludes is invalid.

If a guarantor provides guarantee overseas without approval or without registration after it has done so, the SAEC shall, according
to the cases, issue a warning, or a criticism by way of issuing a notice, suspend or cancel the guarantee business of the guarantor.

Article 18

These Measures apply to the counter-guarantees overseas.

Article 19

These Measures shall enter into force as of October 1, 1996. “Measures for the Administration of Foreign Exchange Guarantees by Resident
Institutions In China” promulgated on September 26, 1991 are nullified at the same time. The SAEC is enpost_titled to interpret these
Measures.

The People’s Bank of China
1996-09-25

CRIMINAL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Criminal Procedure Law of the People’s Republic of China

March 17, 1996

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, Revised in according with the Decision on
Revising the Criminal Procedure Law of the People’s Republic of China adopted at the Forth Session of the Eighth National People’s
Congress on March 17, 1996)

ContentsPart One General Provisions

Chapter I Aim and Basic Principles

Chapter II Jurisdiction

Chapter III Withdrawal

Chapter IV Defence and Representation

Chapter V Evidence

Chapter VI Compulsory Measures

Chapter VII Incidental Civil Actions

Chapter VIII Time Periods and Service

Chapter IX Other Provisions

Part Two Filing a Case, Investigation, and Initiation of Public Prosecution

Chapter I Filing a Case

Chapter II Investigation

Section 1 General Provisions

Section 2 Interrogation of the Criminal Suspect

Section 3 Questioning of the Witnesses

Section 4 Inquest and Examination

Section 5 Search

Section 6 Seizure of Material Evidence and Documentary Evidence

Section 7 Expert Evaluation

Section 8 Wanted Orders

Section 9 Conclusion of Investigation

Section 10 Investigation of Cases Directly Accepted by the People’s Procuratorates

Chapter III Initiation of Public Prosecution

Part Three Trial

Chapter I Trial Organizations

Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Section 2 Cases of Private Prosecution

Section 3 Summary Procedure

Chapter III Procedure of Second Instance

Chapter IV Procedure for Review of Death Sentences

Chapter V Procedure for Trial Supervision

Part Four Execution

Supplementary Provisions

Part One General Provisions

Chapter I Aim and Basic Principles

Article 1

This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing
crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.

Article 2

The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about
crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal
responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order
to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other
rights; and to guarantee smooth progress of the cause of socialist development.

Article 3

The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal
cases. The People’s Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation
and initiating public prosecution of cases directly accepted by the procuratorial organs. The People’s Courts shall be responsible
for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to
exercise such powers.

In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must strictly
observe this Law and any relevant stipulations of other laws.

Article 4

State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions
and powers as the public security organs.

Article 5

The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise
procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public
organization or individual.

Article 6

In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must rely on the
masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever
is permissible before law.

Article 7

In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs shall divide responsibilities,
coordinate their efforts and check each other to ensure the correct and effective enforcement of law.

Article 8

The People’s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.

Article 9

Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s
Courts, the People’s Procuratorates and the public security organs shall provide translations for any party to the court proceedings
who is not familiar with the spoken or written language commonly used in the locality.

Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area,
court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents
shall be issued in the written language commonly used in the locality.

Article 10

In trying cases, the People’s Courts shall apply the system whereby the second instance is final.

Article 11

Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to
defence, and the People’s Courts shall have the duty to guarantee his defence.

Article 12

No person shall be found guilty without being judged as such by a People’s Court according to law.

Article 13

In trying cases, the People’s Courts shall apply the system of people’s assessors taking part in trials in accordance with this Law.

Article 14

The People’s Courts, the People’s Procuratorates and the public security organs shall safeguard the procedural rights to which participants
in proceedings are enpost_titled according to law.

In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may
be notified to be present at the time of interrogation and trial.

Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe
on their citizen’s procedural rights or subject their persons to indignities.

Article 15

In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken,
the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:

(1)

if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;

(2)

if the limitation period for criminal prosecution has expired;

(3)

if an exemption of criminal punishment has been granted in a special amnesty decree;

(4)

if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint
has been withdrawn;

(5)

if the criminal suspect or defendant is deceased; or

(6)

if other laws provide an exemption from investigation of criminal responsibility.

Article 16

Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those
cases shall be resolved through diplomatic channels.

Article 17

In accordance with the international treaties which the People’s Republic of China has concluded or acceded to or on the principle
of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal
affairs.

Chapter II Jurisdiction

Article 18

Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.

Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations
of a citizen’s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal
search and crimes involving infringement of a citizen’s democratic rights — committed by State functionaries by taking advantage
of their functions and powers — shall be placed on file for investigation by the People’s Procuratorates. If cases involving other
grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People’s
Procuratorates, they may be placed on file for investigation by the People’s Procuratorates upon decision by the People’s Procuratorates
at or above the provincial level.

Cases of private prosecution shall be handled directly by the People’s Courts.

Article 19

The Primary People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases
which fall under the jurisdiction of the People’s Courts at higher levels as stipulated by this Law shall be exceptions.

Article 20

The Intermediate People’s Courts shall have jurisdiction as courts of first instance over the following criminal cases:

(1)

counterrevolutionary cases and cases endangering State security;

(2)

ordinary criminal cases punishable by life imprisonment or the death penalty; and

(3)

criminal cases in which the offenders are foreigners.

Article 21

The Higher People’s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire
province (or autonomous region, or municipality directly under the Central Government).

Article 22

The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole
nation.

Article 23

When necessary, People’s Courts at higher levels may try criminal cases over which People’s Courts at lower levels have jurisdiction
as courts of first instance; If a People’s Court at a lower level considers the circumstances of a criminal case in the first instance
to be major or complex and to necessitate a trial by a People’s Court at a higher level, it may request that the case be transferred
to the People’s Court at the next higher level for trial.

Article 24

A criminal case shall be under the jurisdiction of the People’s Court in the place where the crime was committed. If it is more appropriate
for the case to be tried by the People’s Court in the place where the defendant resides, then that court may have jurisdiction over
the case.

Article 25

When two or more People’s Courts at the same level have jurisdiction over a case, it shall be tried by the People’s Court that first
accepted it. When necessary the case may be transferred for trial to the People’s Court in the principal place where the crime was
committed.

Article 26

A People’s Court at a higher level may instruct a People’s Court at a lower level to try a case over which jurisdiction is unclear
and may also instruct a People’s Court at a lower level to transfer the case to another People’s Court for trial.

Article 27

The jurisdiction over cases in special People’s Courts shall be stipulated separately.

Chapter III Withdrawal

Article 28

In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw,
and the parties to the case and their legal representatives shall have the right to demand his withdrawal:

(1)

if he is a party or a near relative of a party to the case;

(2)

if he or a near relative of his has an interest in the case;

(3)

if he has served as a witness, expert witness, defender or agent ad litem in the current case; or

(4)

if he has any other relations with a party to the case that could affect the impartial handling of the case.

Article 29

Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons
entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the
parties.

Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility.
The parties to the case and their legal representatives shall have the right to request him to withdraw.

Article 30

The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator,
and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court’s judicial
committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial
committee of the People’s Procuratorate at the corresponding level.

An investigator may not suspend investigation of a case before a decision is made on his withdrawal.

If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration
once.

Article 31

The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.

Chapter IV Defence and Representation

Article 32

In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders.
The following persons may be entrusted as defenders:

(1)

lawyers;

(2)

persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and

(3)

guardians or relatives and friends of the criminal suspect or the defendant.

Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve
as defenders.

Article 33

A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which
the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to
entrust persons as his defenders at any time.

A People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People’s Court shall,
within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust
persons as his defenders.

Article 34

If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender
due to financial difficulties or other reasons, the People’s Court may designate a lawyer that is obligated to provide legal aid
to serve as a defender.

If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court
shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the
People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

Article 35

The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence
of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.

Article 36

Defence lawyers may, from the date on which the People’s Procuratorate begins to examine a case for prosecution, consult, extract
and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond
with the criminal suspect in custody. Other defenders, with permission of the People’s Procuratorate, may also consult, extract and
duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.

Defence lawyers may, from the date on which the People’s Court accepts a case, consult, extract and duplicate the material of the
facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other defenders, with
permission of the People’s Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond
with the defendant in custody.

Article 37

Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to
the current case from them and they may also apply to the People’s Procuratorate or the People’s Court for the collection and obtaining
of evidence, or request the People’s Court to inform the witnesses to appear in court and give testimony.

With permission of the People’s Procuratorate or the People’s Court and with the consent of the victim, his near relatives or the
witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.

Article 38

Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or
to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or
conduct other acts to interfere with the proceedings of the judicial organs.

Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.

Article 39

During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.

Article 40

A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and
his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right
to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an
incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.

The People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action
and his legal representatives that they have the right to entrust agents ad litem. The People’s Court shall, within three days from
the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in
an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

Article 41

With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.

Chapter V Evidence

Article 42

All facts that prove the true circumstances of a case shall be evidence.

There shall be the following seven categories of evidence:

(1)

material evidence and documentary evidence;

(2)

testimony of witnesses;

(3)

statements of victims;

(4)

statements and exculpations of criminal suspects or defendants;

(5)

expert conclusions;

(6)

records of inquests and examination; and

(7)

audio-visual materials.

Any of the above evidence must be verified before it can be used as the basis for deciding cases.

Article 43

Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that
can prove the criminal suspect’s or defendant’s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to
extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed
for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish
evidence and, except in special circumstances, they may be brought in to help the investigation.

Article 44

The public security organ’s requests for approval of arrest, the People’s Procuratorate’s bills of prosecution and the People’s Court’s
written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

Article 45

The People’s Courts, the People’s Procuratorates and the public security organs shall have the authority to collect or obtain evidence
from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.

Evidence involving State secrets shall be kept confidential.

Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under
law.

Article 46

In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral
statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence;
the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his
statement.

Article 47

The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined
in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies
of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally
given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.

Article 48

All those who have information about a case shall have the duty to testify.

Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves
shall not be qualified as witnesses.

Article 49

The People’s Courts, the People’s Procuratorates and the public security organs shall insure the safety of witnesses and their near
relatives.

Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall
be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shall
be punished for violation of public security in accordance with law.

Chapter VI Compulsory Measures

Article 50

The People’s Courts, the People’s Procuratorates and the public security organs may, according to the circumstances of a case, issue
a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject
him to residential surveillance.

Article 51

The People’s Courts, the People’s Procuratorates and the public security organs may allow criminal suspects or defendants under any
of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:

(1)

They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or

(2)

They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain
a guarantor pending trial or are placed under residential surveillance.

The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial
or on subjecting him to residential surveillance.

Article 52

A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining
a guarantor pending trial.

Article 53

If the People’s Courts, the People’s Procuratorates or the public security organs decide to allow a criminal suspect or defendant
to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.

Article 54

A guarantor must be a person who meets the following conditions:

(1)

to be not involved in the current case;

(2)

to be able to perform a guarantor’s duties;

(3)

to be enpost_titled to political rights and not subjected to restriction of personal freedom; and

(4)

to have a fixed domicile and steady income.

Article 55

A guarantor shall perform the following duties:

(1)

to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and

(2)

to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts
in violation of the provisions of Article 56 of this Law.

If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions
of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according
to law.

Article 56

A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:

(1)

not to leave the city or county where he resides without permission of the executing organ;

(2)

to be present in time at a court when summoned;

(3)

not to interfere in any form with the witness when the latter gives testimony; and

(4)

not to destroy or falsify evidence or tally confessions.

If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph,
the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant
shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential
surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph
during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.

Article 57

A criminal suspect or defendant under residential surveillance shall observe the following provisions:

(1)

not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence
without permission;

(2)

not to meet with others without permission of the executing organ;

(3)

to be present in time at a court when summoned;

(4)

not to interfere in any form with the witness when the latter gives testimony; and

(5)

not to destroy or falsify evidence or tally confessions.

If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case
is serious, he shall be arrested.

Article 58

The period granted by a People’s Court, People’s Procuratorate or public security organ to a criminal suspect or defendant for awaiting
trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.

During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential
surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect
or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor
or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained
a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.

Article 59

Arrests of criminal suspects or defendants shall be subject to approval by a People’s Procuratorate or decision by a People’s Court
and shall be executed by a public security organ.

Article 60

When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of
not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential
surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect
or defendant shall be immediately arrested according to law.

If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own
baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.

Article 61

Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:

(1)

if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;

(2)

if he is identified as having committed a crime by a victim or an eyewitness;

(3)

if criminal evidence is found on his body or at his residence;

(4)

if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;

(5)

if there is likelihood of his destroying or falsifying evidence or tallying confessions;

(6)

if he does not tell his true name and address and his identity is unknown; and

(7)

if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.

Article 62

When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place
where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.

Article 63

The persons listed below may be seized outright by any citizen and delivered to a public security organ, a Peopl

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2002

PROVISIONAL REGULATIONS ON THE ADMINISTRATION OF QUALIFICATIONS OF DOMESTIC AND OVERSEAS SECURITIES INSTITUTIONS DEALING IN SHARES FOR THE PURCHASE...

REGULATIONS OF BEIJING MUNICIPAL GOVERNMENT ON ADMINISTRATION OF EMPLOYMENT OF CHINESE CITIZENS BY RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET

PROVISIONS ON THE USE OF RED CROSS SIGNS

ADMINISTRATION ORDINANCE ON DEVELOPMENT AND MANAGEMENT OF URBAN REAL ESTATE

PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES

PROVISIONS OF THE STATE COUNCIL FOR FURTHER MAKING PERFECT ECONOMIC POLICY ON CULTURE

MARTIAL LAW

CIRCULAR OF THE STATE COUNCIL CONCERNING APPROVING AND TRANSMITTING THE JOINT PROPOSALS OF THE SECURITIES COMMISSION OF THE STATE COUNCIL AND THE CHINA SECURITIES SUPERVISORY AND REGULATORY COMMISSION ON FURTHER STRENGTHENING SUPERVISION AND MANAGEMENT OF THE OPTION MARKET

RULES FOR THE IMPLEMENTATION OF THE BUSINESSES OF SETTLEMENT AND SALE OF AND PAYMENT IN FOREIGN EXCHANGE OF FOREIGN-CAPITAL BANKS

MEASURES FOR ADMINISTRATION OF GUARANTEES OVERSEAS BY INSTITUTIONS WITHIN THE CHINESE TERRITORY

CRIMINAL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA

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CONSTITUTION ACT, 1982 – page 21

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CONSTITUTION ACT, 1982 – page 8

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