2002

RESERVE OFFICERS LAW

Reserve Officers Law of the People’s Republic of China

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II SOURCES AND SELECTION OF RESERVE OFFICERS

CHAPTER III POST GRADES AND POSTS FOR RESERVE OFFICERS

CHAPTER IV MILITARY RANKS FOR RESERVE OFFICERS

CHAPTER V REGISTRATION AND CALL-UP OF RESERVE OFFICERS

CHAPTER VI TRAINING OF RESERVE OFFICERS

CHAPTER VII BENEFITS AND TREATMENT FOR RESERVE OFFICERS

CHAPTER VIII RETIREMENT OF RESERVE OFFICERS

CHAPTER IX LEGAL LIABILITY

CHAPTER X SUPPLEMENTARY PROVISIONS

   Article 1 This Law is enacted in accordance with the Constitution and the Military Service Law for the purpose of establishing a sound system
of reserve officers, improving the mobilization system of the armed forces of the State, and strengthening the reserve forces for
national defence.

   Article 2 The term “reserve officers” as used in this Law refers to the reservists who have been assigned reserve post grades at or above the
level of platoon leader, or specialized technical post grades at or above the junior level, of the People’s Liberation Army, granted
corresponding military ranks for reserve officers, and registered with military service organs.

   Article 3 Reserve officers, by the nature of the posts they hold, shall be classified as operational officers, political officers, logistics
officers and specialized technical officers.

The reserve of officers, according to the needs of administration in peacetime and mobilization in wartime, comprises two classes:
Class One consists of reserve officers who hold posts in reserve components or are prelisted as officers for active components, and
Class Two is composed of all other reserve officers.

   Article 4 Under the leadership of the State Council and the Central Military Commission, the General Political Department of the People’s Liberation
Army shall be the competent authority for the administration of reserve officers throughout the country.

The political departments of the major military commands, provincial military commands (including garrison commands) and military
subcommands (including garrison commands) shall be responsible for the administration of reserve officers in their respective regions.

The people’s armed forces departments of the counties, autonomous counties, cities not divided into districts, and municipal districts
(hereinafter generally referred to as the people’s armed forces departments at the county level) shall be in charge of the specific
administration of reserve officers in their respective administrative regions.

   Article 5 The departments concerned under the State Council and the local people’s governments at various levels shall, in line with their
division of responsibilities and in compliance with the provisions of this Law and other pertinent laws and regulations, do well
the relevant work concerning the administration of reserve officers.

   Article 6 The units in which reserve officers work shall support the reserve officers in their participation in military training and performance
of military duties or other obligations of military service, and render assistance in the administration of reserve officers.

   Article 7 Reserve officers shall abide by the Constitution, laws and regulations as well as the relevant military rules and regulations, participate
in military training and military service activities, receive political education, enhance their organizing and commanding ability
and their technical proficiency, and be ready at all times to respond to the call-up for active service.

   Article 8 The State protects the legitimate rights and interests of reserve officers according to law.

Reserve officers shall enjoy such rights deriving from their reserve service as specified in this Law and such benefits and treatment
as prescribed by the State.

   Article 9 Reserve officers who have made outstanding contributions during their performance of military duties shall be awarded honourable
citations or citations for merit or conferred honourable post_titles in accordance with the relevant regulations of the Central Military
Commission.

Units which have made outstanding achievements in their work relating to reserve officers shall be commended or awarded in accordance
with the relevant regulations.

CHAPTER II SOURCES AND SELECTION OF RESERVE OFFICERS

   Article 10 Reserve officers shall be selected from:

(1) officers and civilian cadres released from active service;

(2) soldiers released from active service;

(3) cadres engaged in the work concerning affairs of people’s armed forces and cadres of people’s militia;

(4) graduates from non-military institutions of higher learning; and

(5) other citizens who meet the basic requirements for reserve officers.

   Article 11 Reserve officers shall meet the following basic requirements:

(1) to be loyal to the motherland and to observe the Constitution, laws and regulations;

(2) to obey orders and commands;

(3) to meet the requirements for service age of reserve officers as specified in the present Law;

(4) to have been released from active service or have received military professional training and passed due examinations, possessing
the scientific and cultural knowledge and the organizing and commanding ability or the technical proficiency corresponding to their
posts; and

(5) to be in good health.

   Article 12 Plans for the selection of reserve officers shall be decided by the Central Military Commission and implemented by the General Political
Department of the People’s Liberation Army in conjunction with other departments concerned.

   Article 13 In regard to officers and civilian cadres released from active service to be selected as reserve officers as prescribed in Article
10 of this Law, the political departments of their military units at or above the regimental level shall raise proposals for transferring
them to the reserve of officers, upon the approval of which by the prescribed authorities, they shall make registration as reserve
officers with the people’s armed forces departments at the county level in the localities of their resettlement.

The selection of reserve officers from among persons other than those referred to in the preceding paragraph shall follow the procedures
set forth below:

(1) recommendation by the people’s armed forces departments at the basic level or by the work units in accordance with the plans issued
from higher authorities and the prescribed requirements;

(2) verification and determination by the people’s armed forces departments at the county level;

(3) training by the units undertaking such missions;

(4) examination and approval by the prescribed authorities; and

(5) registration with the people’s armed forces departments at the county level.

CHAPTER III POST GRADES AND POSTS FOR RESERVE OFFICERS

   Article 14 Post grades for operational, political and logistics reserve officers are: the level of division commander, the level of deputy division
commander, the level of regiment commander, the level of deputy regiment commander, the level of battalion commander, the level of
deputy battalion commander, the level of company commander, the level of deputy company commander, and the level of platoon leader.

Post grades for specialized technical reserve officers are: the senior level, the intermediate level and the junior level.

   Article 15 Post grades shall be determined for persons who have been assigned to serve in the reserve of officers.

The determination of post grades for persons who have been released from active service and transferred to the reserve of officers
shall be handled by the prescribed authorities as for officers in active service with corresponding post grades.

Post grades for persons who are other than those referred to in the preceding paragraph and who serve in the reserve of officers shall
be determined with the approval of the authorities prescribed below:

(1) post grades for officers at the level of division commander or deputy division commander, or for specialized technical officers
at the senior level shall be determined with the approval of the heads of units at the level of major military command;

(2) post grades for officers at the level of regiment commander or deputy regiment commander, of for specialized technical officers
at the intermediate level shall be determined with the approval of the heads of units at the corps level that have the power to appoint
and remove officers; and

(3) post grades for officers at the level of battalion commander or below, or for specialized technical officers at the junior level
shall be determined with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

   Article 16 Reserve officers who hold posts in reserve components or are pre-listed as officers for active components, in addition to their post
grades being determined in accordance with the provisions of Article 15 of the present Law, shall be appointed or removed in accordance
with the limits of authority prescribed below:

(1) officers at or above the level of deputy battalion commander and specialized technical officers at the senior, intermediate or
junior level shall be appointed or removed in accordance with the provisions of the third paragraph of Article 15 of the present
Law; and

(2) officers at the level of company commander, deputy company commander or platoon leader shall be appointed or removed by the heads
of units at the regimental level that have the power to appoint and remove officers.

   Article 17 Reserve officers shall be appraised. The appraisal shall be organized and conducted by the units in which they serve or by the military
service organs in conjunction with local departments concerned in accordance with the relevant regulations of the State and in line
with the division of responsibilities. The results of the appraisal shall be taken as the main basis for appointing or removing reserve
officers.

   Article 18 The determination of post grades and the appointment and removal of reserve officers shall be handled pursuant to the procedures
prescribed by the Central Military Commission.

CHAPTER IV MILITARY RANKS FOR RESERVE OFFICERS

   Article 19 Military ranks for reserve officers shall have the following eight grades under three categories:

(1) Reserve Generals: reserve Major General;

(2) Reserve field officers: reserve Senior Colonel, Colonel, Lieutenant Colonel and Major; and

(3) Reserve junior officers: reserve Captain, Lieutenant and Second Lieutenant.

   Article 20 The ranks for reserve officers shall be differentiated as follows:

(1) Operational, political and logistics reserve officers: reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel, Major,
Captain, Lieutenant and Second Lieutenant.

For Naval and Air Force reserve officers, their ranks shall be prefixed by “Navy” and “Air Force” respectively.

   Article 21 The system of conferring military ranks by virtue of post grades shall be applied to reserve officers.

The ranks for operational, political and logistics reserve officers by virtue of their post grades shall be as follows:

Officers at the level of division commander: reserve Senior Colonel or Major General;

Officers at the level of deputy division commander: reserve Colonel or Senior Colonel;

Officers at the level of regiment commander: reserve Colonel or Lieutenant Colonel;

Officers the level of deputy regiment commander: reserve Lieutenant Colonel or Major;

Officers at the level of battalion commander: reserve Major or Lieutenant Colonel;

Officers at the level of deputy battalion commander: reserve Captain or Major;

Officers at the level of company commander: reserve Captain or Lieutenant;

Officers at the level of deputy company commander: reserve Lieutenant or Captain; and

Officers at the level of platoon leader: reserve Second Lieutenant or Lieutenant.

The ranks for specialized technical reserve officers by virtue of their post grades shall be as follows:

Senior specialized technical officers: specialized technical reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel or
Major;

Intermediate specialized technical officers: specialized technical reserve Senior Colonel, Colonel, Lieutenant Colonel, Major or Captain;
and

Junior specialized technical officers: specialized technical reserve Lieutenant Colonel, Major, Captain, Lieutenant or Second Lieutenant.

   Article 22 The determination and conferment of military ranks on reserve officers shall be based on their post grades, their political integrity
and professional competence, and their actual achievements.

   Article 23 The conferment of military ranks on reserve officers shall be approved in accordance with the limits of authority prescribed below:

(1) The ranks of reserve Major General and Senior Colonel shall be conferred with the approval of the Chairman of the Central Military
Commission;

(2) The rank of reserve Colonel shall be conferred with the approval of the heads of units at the level of major military command;

(3) The ranks of reserve Lieutenant Colonel and Major shall be conferred with the approval of the heads of units at the corps level
that have the power to appoint and remove officers; and

(4) The ranks of reserve Captain, Lieutenant and Second Lieutenant shall be conferred with the approval of the heads of units at the
divisional level that have the power to appoint and remove officers.

   Article 24 The reserve ranks to be conferred on officers and civilian cadres who have been transferred to reserve service shall be determined
on the basis of their original ranks or grades when they were in active service.

   Article 25 The rank promotion of reserve officers shall be conducted as prescribed below:

(1) Where an officer has been approved to be released from active service and transferred to reserve service, if the prescribed interval
for rank promotion has expired and the specified requirements have been satisfied, his reserve rank may be one grade higher than
his rank when he was in active service;

(2) Where a reserve officer has been appointed to a higher post grade and his rank is lower than the lowest rank by virtue of his
new post grade, he shall be promoted ahead of time to the lowest rank by virtue of his new post grade;

(3) Where reserve officers from reserve Second Lieutenant to reserve Colonel meet the specified requirements and the prescribed intervals
for rank promotion, their reserve ranks may be promoted grade by grade by virtue of their post grades.

(4) Where reserve Senior Colonels are promoted to reserve Major Generals, selective promotion shall be practised.

(5) Where reserve officers have made outstanding contributions during their performance of military service, their reserve ranks may
be promoted ahead of schedule.

The requirements, intervals and procedures for promotion of reserve ranks shall be prescribed by the Central Military Commission.

   Article 26 The rank promotion of reserve officers shall be approved in accordance with the limits of authority prescribed below:

(1) The promotion from reserve Senior Colonel to reserve Major General or from reserve Colonel to reserve Senior Colonel shall be
approved by the Chairman of the Central Military Commission;

(2) The promotion from reserve Lieutenant Colonel to reserve Colonel shall be approved by the heads of units at the level of major
military command;

(3) The promotion from reserve Major to reserve Lieutenant Colonel or from reserve Captain to reserve Major shall be approved by the
heads of units at the corps level that have the power to appoint and remove officers.

(4) The promotion from reserve Lieutenant to reserve Captain or from reserve Second Lieutenant to reserve Lieutenant shall be approved
by the heads of units at the divisional level that have the power to appoint and remove officers.

   Article 27 Any reserve officer who has violated military discipline may be punished by demotion in rank in accordance with the relevant regulations
of the Central Military Commission. The limits of authority for approving the demotion in rank for reserve officers shall be the
same as those for approving the conferment of the rank.

The demotion in rank for reserve officers shall not be applicable to reserve officers with the rank of reserve Second Lieutenant.

   Article 28 Where a person has been deprived of his status as a reserve officer, his reserve rank shall be annulled. The limits of authority
for approving the annulment of a reserve rank shall be the same as those for approving the conferment of the rank.

   Article 29 Where a reserve officer has committed a crime and has been deprived of his political rights or sentenced to fixed-term imprisonment
of three years or more in accordance with law, he shall be deprived of his reserve rank. The limits of authority for approving the
deprivation of a reserve rank shall be the same as those for approving the conferment of the rank.

   Article 30 Where a reserve officer has been retired from reserve service, his rank shall be preserved and prefixed with “retired”.

   Article 31 Patterns of epaulets and insignias for reserve ranks and the ways of wearing them shall be promulgated by the Central Military Commission.

CHAPTER V REGISTRATION AND CALL-UP OF RESERVE OFFICERS

   Article 32 The registration of reserve officers shall be conducted by the people’s armed forces departments at the county level.

Persons who have been released from active service and assigned to be transferred to the reserve of officers shall be registered as
reserve officers at the time when they check in at the local departments in charge of their resettlement affairs; other persons shall
be registered as reserve officers at the same time when they have been assigned to serve in the reserve of officers.

Persons who work in State organs, public organizations, enterprises or institutions and have been assigned to serve in the reserve
of officers shall register as reserve officers with the people’s armed forces departments at the county level in the regions where
their work units are located; other persons who have been assigned to serve in the reserve of officers shall register as reserve
officers with the people’s armed forces departments at the county level in the regions where they made household registration.

   Article 33 Reserve officers who need to change the places of their registration as reserve officers due to the transfer of their work or the
change of their residence shall go through the procedures of transferring their registration of reserve service out from the original
places, and shall, within 30 days from their arrival at the new work units or the new residence, go through the procedures of transferring
their registration in at the people’s armed forces departments at the county level in the regions where they work or reside.

   Article 34 Where reserve officers fall into one of the following circumstances, their registration as reserve officers shall be cancelled by
the people’s armed forces departments at the county level:

(1) having been retired from reserve service;

(2) having settled down abroad;

(3) having been dead; or

(4) having been deprived of the status as a reserve officer.

   Article 35 The people’s armed forces departments at the county level shall make annual checks on the registered reserve officers in their respective
administrative regions in accordance with the relevant regulations, and the statistics so obtained shall be reported to higher authorities
level by level.

   Article 36 Reserve officers shall report for duty at the designated places within the prescribed time after they have received the notice for
call-up; in case anyone is unable for the time being to respond to the call because of injury, sickness or other reasons, his call-up
may be postponed, provided the case has been verified by the people’s armed forces department at the county level and approved by
the organ of military service at the next higher level.

CHAPTER VI TRAINING OF RESERVE OFFICERS

   Article 37 Where persons who have never served in active service nor received military professional training have been selected to be reserve
officers, they shall take such training before their post grades for reserve officers are determined.

   Article 38 Reserve officers shall receive military training and political education during their term of reserve service in compliance with
the provisions of the Military Service Law and the present Law.

   Article 39 The State Council and the Central Military Commission may, when necessary, decide that emergency training shall be conducted with
respect to reserve officers. Reserve officers must receive such emergency training as prescribed.

   Article 40 Programs for military training and plans for political education for reserve officers shall be formulated by the General Staff, the
General Political Department and the General Logistics Department of the People’s Liberation Army.

   Article 41 The training of reserve officers who hold posts in reserve components or are pre-listed as officers for active components shall be
organized and conducted by the units in which they serve; the training of other reserve officers shall be organized and conducted
by the organs of military service. The work units of reserve officers and the departments concerned of the local people’s governments
shall provide assistance in this connection.

CHAPTER VII BENEFITS AND TREATMENT FOR RESERVE OFFICERS

   Article 42 The actual achievements made by reserve officers in their performance of military duties shall be taken as one of the criteria by
their work units in the promotion of their posts or the increase in their wages. Reserve officers who have been awarded citations
for merit or conferred honourable post_titles shall enjoy the same rewards and preferential treatment as granted by the State or local
authorities to persons who have been awarded such citations for merit or conferred such honourable post_titles.

   Article 43 Reserve officers shall be dressed as required when they participate in military training or carry out military duties. On the occasion
of taking part in important celebration activities such as on the National Day and the Army Day, they may wear reserve officers uniforms
with epaulets and insignias indicating their reserve ranks.

   Article 44 During the period when reserve officers working in State organs, public organizations, enterprises or institutions are participating
in military training or carrying out military duties, their wages and bonuses shall be paid in full by their work units, and the
benefits and treatment they are enpost_titled to shall not be affected.

Reserve officers other than those referred to in the preceding paragraph shall be given subsidies for their loss of working time during
the period when they are participating in military training or carrying out military duties. Specific measures and standards therefor
shall be stipulated by the people’s governments of the provinces, autonomous regions or municipalities directly under the Central
Government.

When reserve officers participate in military training or carry out military duties, food allowances shall be provided and their to-and-fro
traveling expenses reimbursed in accordance with the regulations of the State.

   Article 45 Reserve officers who participate in military training and accomplish training tasks as required shall be given appropriate subsidies
on the basis of their post grades. Standards of subsidies shall be formulated by the Ministry of Finance jointly with the General
Staff, the General Political Department and the General Logistics Department of the People’s Liberation Army, and the funds thus
needed shall be guaranteed by the Central Government.

   Article 46 Where reserve officers have died or become disabled in the course of their performance of military activities such as military training
and military duties, the relevant affairs shall be handled with reference to the regulations of the State in respect of pensions
and preferential treatment granted to the families of the deceased servicemen or to the disabled servicemen.

CHAPTER VIII RETIREMENT OF RESERVE OFFICERS

   Article 47 Reserve officers shall be retired from reserve service when they have attained the maximum age for reserve service in peacetime.

   Article 48 The maximum age for reserve service of operational, political and logistics reserve officers in peacetime shall be:

55 for reserve officers at the divisional level;

55 for reserve officers at the regimental level;

50 for reserve officers at the battalion level;

45 for reserve officers at the company level; and

40 for reserve officers at the platoon level.

The maximum age for reserve service in peacetime may be appropriately extended for a small number of reserve officers, provided this
is necessitated by work and duly approved, however, the maximum age shall not be extended for more than 5 years.

   Article 49 The maximum age for reserve service of specialized technical officers in peacetime shall be:

60 for specialized technical reserve officers at the senior level;

55 for specialized technical reserve officers at the intermediate level; and

50 for specialized technical reserve officers at the junior level.

   Article 50 Reserve officers who have not reached the maximum age for reserve service in peacetime shall be retired from reserve service when
they are unable to continue to perform reserve service due to their injuries, sickness, disability or other reasons.

   Article 51 The limits of authority for approving the retirement of reserve officers from reserve service shall be the same as those prescribed
in paragraph 3 of Article 15 of the present Law.

   Article 52 Any reserve officer who has violated discipline during the period when he is participating in military training or carrying out military
duties shall be given administrative sanctions in accordance with the relevant regulations of the Central Military Commission; those
whose act has constituted a crime shall be investigated for criminal responsibility according to law.

   Article 53 Any reserve officer who has refused or evaded the registration or military training and refused to correct their mistakes after persuasion
shall be compelled to perform his obligations of military service by the local people’s government.

In wartime, any reserve officer who has refused or evaded the call-up or military training shall be investigated for criminal responsibility
according to law if the circumstances are serious.

   Article 54 Whoever, in his work of the administration of reserve officers, takes bribes, engages in malpractices for selfish ends or causes
serious losses to work of reserve service because of his dereliction of duty shall be investigated for criminal responsibility according
to law if the case constitutes a crime, or shall be given administrative sanctions if the case does not constitute a crime.

Whoever obstructs reserve officers from participating in military training, carrying out military duties or performing other obligations
of military service shall be ordered by the local people’s government to make rectification, where no rectification is made, administrative
sanctions shall be given according to law to the persons who are directly responsible for the case.

CHAPTER X SUPPLEMENTARY PROVISIONS

   Article 55 The present Law shall apply to the persons released from active service in the Chinese People’s Armed Police Force and assigned to
reserve service as reserve officers of the People’s Liberation Army.

   Article 56 These present Law shall come into force as of January 1, 1996.

    






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF WATER POLLUTION






e00174

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.66

The Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic
of China on the Prevention and Control of Water Pollution which has been adopted the 19th meeting of the Standing Committee of the
Eighth National People’s Congress of the People’s Republic of China on May 15, 1996 is now promulgated, and shall enter into force
as of the date of its promulgation.

President of the People’s Republic of China: Jiang Zemin

May 15, 1996

Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution

The 19th Meeting of the Standing Committee of the Eighth National People’s Congress has decided to revise the Law of the People’s
Republic of China on the Prevention and Control of Water Pollution as follows:

1.

The second paragraph of Article 7 is amended as: “The people’s governments of provinces, autonomous regions and municipalities directly
under the Central Government may establish its local standards for the discharge of water pollutants for items not specified in the
national standards; with regard to items already specified in the national standards, it may set local standards which are more stringent
than the national standards. The local standards for the discharge of water pollutants must be reported to the environmental protection
department of the State Council for the record.”

2.

Add a new article as Article 10 : “The prevention and control of water pollution shall be planned in a unified way on the basis of
river basins or regions. Water pollution prevention and control plans for major river basins designated by the state shall be drawn
up by the environmental protection department of the State Council in consultation with the competent planning department, the water
conservancy administration department and other competent departments under the State Council, and the people’s governments of involved
provinces, autonomous regions and municipalities under the Central Government, and shall be reported to the State Council for approval.

“Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall, in accordance
with the plans for major river basins designated by the state and with the local practical situations, be drawn up by the environmental
protection department in consultation with the water conservancy administration department and other competent departments of the
people’s government at or above the provincial level, and the local people’s governments involved, and shall be reported to the State
Council or the people’s government at the provincial level for approval. Plans for other river basins involving two or more counties
but not involving different provinces shall be reported by the people’s government of the province to the State Council for the record.

“The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment to an approved plan
must be approved by the original approving department.

“Local people’s governments at or above the county level shall, in accordance with the water pollution prevention and control plans
for river basins already approved according to law, organize to formulate plans for the prevention and control of water pollution
within their respective administrative areas, and shall incorporate such plans into the medium- and long-term plans and annual plans
for the national economy and social development of their respective administrative areas.”

3.

The third paragraph of Article 13 is amended as: “Facilities for the prevention and control of water pollution at a construction
project must be designed, built and commissioned together with the principal part of the project. Such facilities must be inspected
by the environmental protection department; if they do not conform to the specified requirements, the said project shall not be permitted
to be put into operation or to use.”

Add a new paragraph as the fourth paragraph: “The environmental impact statement shall include views of units and residents where
the construction project is to be located.”

4.

The second paragraph of Article 14 is amended as: “The pollutant discharging units mentioned in the preceding paragraph shall report
in time if any substantial change occurs in the categories, quantities or concentrations of the water pollutants discharged. Their
water pollutant treatment facilities must be kept in normal use. When such facilities are to be dismantled or left idle, prior approval
must be obtained from the environmental protection department of the local people’s government at or above the county level.”

5.

Delete the reading “and shall assume responsibility to eliminate and control the pollution” in Article 15 . Add two new paragraphs
thereto as the second and the third paragraphs respectively, which read: “The income derived from the discharge fee and the fee for
excess discharge must be used for the prevention and control of pollution and shall not be appropriated for other purposes.

“Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate
and control the pollution, and report such programme to the environmental protection department of the local people’s government
at or above the county level for the record.”

6.

Add a new article as Article 16 : “Where the water pollutant discharge standards have been reached but cannot ensure the attainment
of the water environment quality standards for water bodies, the people’s governments at or above the provincial level may establish
a system for controlling the total quantity of major pollutants discharged, and practise a system for determining the quantity of
such major pollutants discharged among enterprises which are responsible for reducing the quantity of pollutants discharged. The
State Council shall formulate specified measures therefor.”

7.

Add a new article as Article 17 : “The environmental protection department of the State Council may, in consultation with the water
conservancy administration department under the State Council and the relevant people’s government at the provincial level, and in
accordance with uses and functions of water bodies of major river basins designated by the state and with local economic and technological
conditions, set the water environmental quality standards applicable to provincial boundary water bodies of such major river basins,
and report to the State Council and implement them after approval.”

8.

Add a new article as Article 18 : “The working organs for water resource protection of major river basins designated by the state
shall be responsible for monitoring the state of environmental quality of provincial boundary water bodies within their respective
river basin areas, and report the monitoring results in time to the environmental protection department and the water conservancy
administration department of the State Council; if a leading organ for water resource protection of the river basin has been established
with the approval of the State Council, the monitoring results shall in time be reported thereto.”

9.

Article 10 is changed into Article 19 and amended as: “Urban sewage shall be disposed of in a centralized way.

“Competent departments under the State Council and local people’s governments at various levels must incorporate into their plans
of municipal construction the protection of urban water sources and the prevention and control of urban water pollution, construct
and perfect municipal drainage systems, and construct urban sewage treatment facilities in a planned way, in order to strengthen
the comprehensive improvement of urban water environment.

“Urban sewage treatment facilities shall, according to the state provisions, be used to provide paid service of sewage treatment for
pollutant dischargers, and the fee for sewage treatment shall be collected to ensure the normal operation of sewage treatment facilities.
Where sewage is discharged into urban sewage treatment facilities and the fee for sewage treatment has been paid therefor, the discharge
fee shall not be levied. The income derived from the fee for sewage treatment so collected must be used for the construction and
operation of urban sewage treatment facilities and may not be appropriated for other purposes.

“The State Council shall formulate specific measures for the collection of the sewage treatment fee, and for the management and utilization
of urban sewage treatment facilities.”

10.

Add a new article as Article 20 : “People’s governments at or above the provincial level may delineate protected zones for surface
sources of domestic and drinking water according to law. Such protected zones include the first and other classes protected zones.
Specific water and land areas in the vicinity of intakes at a surface source for domestic and drinking water may be delineated as
a first class protected zone, and those water and land areas outside the first class protected zone be delineated as other class
protected zone. Various classes protected zones shall have their definite geographical boundaries.

“The discharge of waste water into water bodies at the first class protected zones for surface sources of domestic and drinking water
shall be prohibited.

“Tours, swims and other activities which might cause pollution to domestic and drinking water bodies within the first class protected
zones shall be prohibited.

“Any new construction project or expansion unrelated to water supply facilities and to the protection of water sources within the
first class protected zones for surface sources of domestic and drinking water shall be prohibited.

“People’s governments at or above the county level shall, according to their limits of authorities specified by the State Council,
order to dismantle or improve within a prescribed time period those sewage outfalls already set up within the first class protected
zones for surface sources of domestic and drinking water.

“The protection of domestic and drinking groundwater sources shall be strengthened.

“The State Council shall formulate specific measures for the protection of domestic and drinking water sources.”

Delete the phrase “domestic and drinking water sources” in Article 12 .

11.

Add a new article as Article 22 : “Enterprises shall adopt clean production techniques which are efficient in the use of raw materials
and discharge small quantity of pollutants, and shall strengthen the management to reduce the water pollutants generated.

“The state establishes a system for eliminating those backward production techniques and equipment, which cause severe pollution to
water environment.

“The competent comprehensive administrative department of economy under the State Council shall, in consultation with departments
concerned under the State Council, announce a catalogue of techniques which cause severe pollution to water environment and of which
the adoption is to be prohibited upon the expiration of a prescribed time period, as well as a catalogue of equipment which causes
severe pollution to water environment and of which the production, sale, importation and use are to be prohibited upon the expiration
of a prescribed time period.

“Producers, marketers, importers or users must, within the time limit specified by the competent comprehensive administrative department
of economy in consultation with departments concerned under the State Council, stop respectively the production, sale, importation
or use of equipment listed in the catalogue mentioned in the preceding paragraph. Adopters of production techniques must, within
the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned
under the State Council, stop the adoption of techniques listed in the catalogue mentioned in the preceding paragraph.

“Equipment already eliminated according to the provisions in two preceding paragraphs may not be transferred to others for use.”

12.

Add a new article as Article 23 : “The state prohibits the establishment of any new small-size enterprise engaging in chemical paper
pulp making, printing and dyeing, dyestuff, hide processing, electroplating, oil refining or agricultural chemical without measures
for the prevention and control of water pollution, and other enterprises which may cause severe pollution to water environment.”

13.

Add a new article as Article 26 : “Water pollution disputes involving different administrative areas shall be settled through negotiation
between or among local people’s governments involved therein, or through co-ordination by their common higher people’s government.”

14.

Article 20 is changed into Article 28 and a new paragraph added as the second paragraph: “In the case of any pollution accident
caused to fisheries, the fisheries administrative and superintendency agencies shall be responsible for its investigation and disposal.”

15.

Add a new article as Article 39 : “The agricultural administration department and other relevant departments of a local people’s government
at or above the county level shall take measures to instruct agricultural producers to apply chemical fertilizers and pesticides
in a scientific and rational manner, and control the excessive use of chemical fertilizers and pesticides, so as to prevent water
pollution therefrom.”

16.

Add a new article as Article 47 : “If, in violation of the provisions of the third paragraph of Article 13 in this Law, a construction
project is put into operation or to use when its facilities for the prevention and control of water pollution have not completed
or fail to meet the state specified requirements, the environmental protection department that approved the environmental impact
statement of the said project shall order the violator to stop the operation or use of the project and may concurrently impose a
fine.”

Delete Item (2) in Article 37 .

17.

Add a new article as Article 48 : “If a pollutant discharging unit, in violation of the provisions of the second paragraph of Article
14 in this Law, intentionally does not keep its water pollutant treatment facilities in normal use, or dismantles or leaves idle
such facilities without approval of the environmental protection department, thereby discharging pollutants in excess of prescribed
standards, the environmental protection department of a local people’s government at or above the county level shall order it to
restore such facilities to the normal use, or set a time limit for it to reinstall and reuse such facilities, and concurrently impose
a fine.”

18.

Add a new article as Article 49 : “If anyone, in violation of the provisions of the fourth paragraph of Article 20 in this Law, establishes
within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project
unrelated to water supply facilities and to the protection of water sources, the people’s government at or above the county level
shall, according to its limit of authorities specified by the State Council, order the violator to suspend operations or close down.”

19.

Add a new article as Article 50 : “If anyone, in violation of the provisions of Article 22 in this Law, produces, sells, imports
or uses equipment, or adopts techniques, which have already been prohibited, the competent comprehensive administrative department
of economy of the people’s government at or above the county level shall order the violator to make correction; if the circumstances
are serious, the said department shall propose and report to the people’s government at the corresponding level for an order of suspension
of operations or shutdown issued within its limit of authorities specified by the State Council.”

20.

Add a new article as Article 51 : “If anyone, in violation of the provisions of Article 23 in this Law, establishes any small-size
enterprise without measures for the prevention and control of water pollution, thereby causing severe pollution to water environment,
the local people’s government at the city or county level or the higher people’s government shall order to shut down such enterprise.”

21.

Article 39 is changed into Article 53 and amended as: “A pollutant discharging unit which violates this Law, thereby causing a water
pollution accident, shall be fined according to the consequent damage and loss by the competent environmental protection department
of the local people’s government at or above the county level in the place where the accident takes place.

“In the case of a pollution accident caused to fisheries or caused by vessels, the competent fisheries administration and superintendency
agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose
a fine respectively according to the consequent damage and loss.

“If the circumstances are serious in a water pollution accident, the persons responsible shall be subject to disciplinary sanction
by the unit to which they belong or by a higher competent authority.”

22.

Add a new article as Article 58 : “Personnel conducting supervision and management of environmental protection or other relevant state
personnel who abuses his power, neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction
by the unit to which he belongs or the competent higher authorities: if his act constitutes a crime, he shall be investigated for
criminal responsibility according to law.”

23.

Add a new article as Article 59 : “With regard to individual businesses that discharge pollutants into water bodies and cause severe
pollution, standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under
the Central Government shall formulate measures therefor in accordance with the principles in the provisions of this Law.”

This Decision comes into force on the date of the promulgation.

The Law of the People’s Republic of China on the Prevention and Control of Water Pollution shall be republished after being correspondingly
revised according to this Decision.

Attachment:Law of the People’s Republic of China on the Prevention and Control of Water PollutionContentsChapter I General Provisions

Chapter II Establishment of Water Environment Quality Standards and

Pollutant Discharge Standards

Chapter III Supervision and Management of the Prevention and Control of

Water Pollution

Chapter IV Prevention of Surface Water Pollution

Chapter V Prevention of Groundwater Pollution

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of preventing and controlling water pollution, protecting and improving the environment, safeguarding
human health, ensuring the effective use of water resources and facilitating the development of socialist modernization.

Article 2

This Law shall apply to the prevention and control of pollution of rivers, lakes, canals, irrigation channels, reservoirs and other
surface water bodies and of groundwater within the territory of the People’s Republic of China.

This Law is not applicable to the prevention and control of marine pollution, which is provided for by a separate law.

Article 3

Competent departments under the State Council and local people’s governments at various levels shall incorporate the protection of
the water environment into their plans and adopt ways and measures to prevent and control water pollution.

Article 4

The environmental protection departments of the people’s governments at all levels shall be the organs exercising unified supervision
and management of the prevention and control of water pollution.

Navigation administrative offices of transportation departments at various levels shall be the organs exercising supervision and management
of pollution from ships.

Water conservancy administration departments, public health administration departments, geological and mining departments, municipal
administration departments and water sources protection agencies on major rivers of people’s governments at various levels shall,
through performing their respective functions and in conjunction with environmental protection departments, implement supervision
and management of the prevention and control of water pollution.

Article 5

All units and individuals shall have the duty to protect the water environment and the right to supervise any act that pollutes or
damages the water environment and to inform against the polluter.

Any unit or individual that has suffered losses directly from a water pollution hazard shall have the right to claim damages from
and demand the elimination of the hazard by the polluter.

Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards

Article 6

The environmental protection department of the State Council shall establish national water environment quality standards.

The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish
their own local, supplementary standards for those items not specified in the national water environment quality standards and report
the same to the environmental protection department of the State Council for the record.

Article 7

The environmental protection department of the State Council shall, in accordance with the national water environment quality standards
and the country’s economic and technological conditions, establish national pollutant discharge standards.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may establish its
local standards for the discharge of water pollutants for items not specified in the national standards; with regard to items already
specified in the national standards, it may set local standards which are more stringent than the national standards. The local standards
for the discharge of water pollutants must be reported to the environmental protection department of the State Council for the record.

Those who discharge pollutants into any water body where local pollutant discharge standards have been established shall observe such
local standards.

Article 8

The environmental protection department of the State Council and the people’s governments of provinces, autonomous regions, and municipalities
directly under the Central Government shall amend in due time their respective water environment quality standards and pollutant
discharge standards in accordance with the requirements of water pollution prevention and control and with the country’s economic
and technological conditions.

Chapter III Supervision and Management of the Prevention and Control of Water Pollution

Article 9

Competent departments under the State Council and local people’s governments at various levels shall, in the process of developing,
utilizing, regulating and allocating water resources, make integrated plans for maintaining proper river flows, proper water levels
of lakes and reservoirs and proper groundwater tables, in order to sustain the natural purification capacity of water bodies.

Article 10

The prevention and control of water pollution shall be planned in a unified way on the basis of river basins or regions. Water pollution
prevention and control plans for major river basins designated by the state shall be drawn up by the environmental protection department
of the State Council in consultation with the competent planning department, the water conservancy administration department and
other competent departments under the State Council, and the people’s governments of involved provinces, autonomous regions and municipalities
under the Central Government, and shall be reported to the State Council for approval.

Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall, in accordance
with the plans for major river basins designated by the state and with the local practical situations, be drawn up by the environmental
protection department in consultation with the water conservancy administration department and other competent departments of the
people’s government at or above the provincial level, and the local people’s governments involved, and shall be reported to the State
Council or the people’s government at the provincial level for approval. Plans for other river basins involving two or more counties
but not involving different provinces shall be reported by the people’s government of the province to the State Council for the record.

The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment to an approved plan must
be approved by the original approving department.

Local people’s governments at or above the county level shall, in accordance with the water pollution prevention and control plans
for river basins already approved according to law, organize to formulate plans for the prevention and control of water pollution
within their respective administrative areas, and shall incorporate such plans into the medium- and long-term plans and annual plans
for the national economy and social development of their respective administrative areas.

Article 11

Competent departments under the State Council and local people’s governments at various levels shall make rational plans for the placement
of industry, and see to it that enterprises causing water pollution are modified and technically renovated, adopting comprehensive
prevention and control measures, raising the frequency of water reuse, utilizing resources rationally and reducing the quantity of
waste water and pollutants discharged.

Article 12

For water bodies at scenic or historic sites, important fishery water bodies and other water bodies of special economic or cultural
value, people’s governments at or above the county level may delineate protected zones and take measures to ensure that the water
quality in those protected zones complies with the standards for their designated uses.

Article 13

New construction projects, extensions, or reconstruction projects which discharge pollutants into water bodies directly or indirectly
and installations on water shall be subject to the state provisions concerning environmental protection for such projects.

The environmental impact statement of a construction project shall assess the water pollution hazards the project is likely to produce
and its impact on the ecosystem, with prevention and control measures provided therein; the statement shall be submitted, according
to the specified procedure, to the environmental protection department concerned for review and approval. The setting up of sewage
outfalls within any water conservancy projects such as canals, irrigation channels and reservoirs shall be approved by the relevant
department in change of water conservancy.

Facilities for the prevention and control of water pollution at a construction project must be designed, built and commissioned together
with the principal part of the project. Such facilities must be inspected by the environmental protection department; if they do
not conform to the specified requirements, the said project shall not be permitted to be put into operation or to use.

The environmental impact statement shall include views of units and residents where the construction project is to be located.

Article 14

Enterprises and institutions that discharge pollutants directly or indirectly into a water body shall, pursuant to the provisions
of the environmental protection department of the State Council, report to and register with their local environmental protection
department their existing treatment and discharge facilities for pollutants and the categories, quantities and concentrations of
pollutants discharged under their normal operating conditions and also submit to the same department the relevant technical information
concerning the prevention and control of water pollution.

The pollutant discharging units mentioned in the preceding paragraph shall report in time if any substantial change occurs in the
categories, quantities or concentrations of the water pollutants discharged. Their water pollutant treatment facilities must be kept
in normal use. When such facilities are to be dismantled or left idle, prior approval must be obtained from the environmental protection
department of the local people’s government at or above the county level.

Article 15

Enterprises and institutions discharging pollutants into a water body shall pay a discharge fee as provided for by the state. If the
discharge of pollutants exceeds the limits set by national or local standards, they shall pay a fee for excess discharge according
to state provisions.

The income derived from the discharge fee and the fee for excess discharge must be used for the prevention and control of pollution
and shall not be appropriated for other purposes.

Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate and
control the pollution, and report such programme to the environmental protection department of the local people’s government at or
above the county level for the record.

Article 16

Where the water pollutant discharge standards have been reached but cannot ensure the attainment of the water environment quality
standards for water bodies, the people’s governments at or above the provincial level may establish a system for controlling the
total quantity of major pollutants discharged, and practise a system for determining the quantity of such major pollutants discharged
among enterprises which are responsible for reducing the quantity of pollutants discharged. The State Council shall formulate specified
measures therefor.

Article 17

The environmental protection department of the State Council may, in consultation with the water conservancy administration department
under the State Council and the relevant people’s government at the provincial level, and in accordance with uses and functions of
water bodies of major river basins designated by the state and with local economic and technological conditions, set the water environmental
quality standards applicable to provincial boundary water bodies of such major river basins, and report to the State Council and
implement them after approval.

Article 18

The working organs for water resource protection of major river basins designated by the state shall be responsible for monitoring
the state of environmental quality of provincial boundary water bodies within their respective river basin areas, and report the
monitoring results in time to the environmental protection department and the water conservancy administration department of the
State Council; if a leading organ for water resource protection of the river basin has been established with the approval of the
State Council, the monitoring results shall in time be reported thereto.

Article 19

Urban sewage shall be disposed of in a centralized way.

Competent departments under the State Council and local people’s governments at various levels must incorporate into their plans of
municipal construction the protection of urban water sources and the prevention and control of urban water pollution, construct and
perfect municipal drainage systems, and construct urban sewage treatment facilities in a planned way, in order to strengthen the
comprehensive improvement of urban water environment.

Urban sewage treatment facilities shall, according to the state provisions, b

INTERIM PROVISIONS GOVERNING THE MANAGEMENT OF THE COMPUTER INFORMATION NETWORKS IN THE PEOPLE’S REPUBLIC OF CHINA CONNECTING TO THE INTERNATIONAL NETWORK

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1996-02-01 Effective Date  1996-02-01  


Interim Provisions Governing the Management of the Computer Information Networks in the People’s Republic of China Connecting to
the International Network



(Adopted at the 42nd Executive Meeting of the State Council on January 23,

1996, promulgated by Decree No.195 of the State Council of the People’s
Republic of China on February 1, 1996)(Editor’s Note: For the revised text,
see Decision of the State Council Regarding the Revision of the Interim
Provisions Governing the Management of the Compter Information Networks in
the People’s Republic of China Connection to the International Network
promulgated on May 20, 1997, and effective as of the same date)

    Article 1  These provisions are formulated for the purpose of
strengthening the control on the computer information networks connecting to
the international network, safeguarding the healthy development of
international computer information exchange.

    Article 2  Any computer information networks connecting to the
international network within the territory of the People’s Republic of China
shall be complied with these provisions.

    Article 3  The meanings of the following terms occurred in these
provisions shall be:

    (1) computer information networks connecting to the international
network (hereinafter called as international connection) means that the
connection of the networks between the computer information network within
the territory of the People’s Republic of China and the computer information
network abroad, for the purpose of realizing international exchange of
information.

    (2) interconnection network means that the computer information network
with which the international connection is processed directly;
mutually-connected organization means the organization which is responsible
for the operation of the interconnection network.

    (3) input network means that the computer information network with which
the international connection is processed through joining the interconnection
network; input organization means the organization which is responsible for
the operation of the input network.

    Article 4  The State carries out the principles of overall planning,
unified standard, managing by different levels and promoting the development
on the international connection.

    Article 5  The Leading Group of Economy Informationizing under the State
Council (hereinafter called as the Leading Group) shall be responsible for
coordinating and resolving the key problem concerning the international
connection.

    The office of the Leading Group shall formulate the detailed
administrative measures according to these provisions, make clear the rights,
duties and responsibilities of the supply organizations of international
access and exit information channel, mutually-connected organizations, input
organizations and users, and be responsible for the inspection and supervision
on the work of international connection.

    Article 6  If a computer information network is to be connected to an
international network, the international access and exit information channel
provided by the state public telecommunication net under the Ministry of Post
and Telecommunication shall be used.

    Any organization or individual shall not establish or use other
information channel to undertake international connection by itself or
himself.

    Article 7  The established interconnection network shall, adjusted
according to the concerning provisions of the State Council, be managed by the
Ministry of Post and Telecommunication, Ministry of Electricity Industry,
State Commission of Education and China Science Academy respectively.

    The establishment of a new interconnection network shall be approved by
the State Council.

    Article 8  The input network shall be internationally connected through
the interconnection network.

    The organization which wants to establish an input network shall report
to the competent authority or organization for examination and approval; when
going through the examination and approval procedure, it shall provide the
materials such as the nature and application scope of its computer information
network, and the address of main engine it needs.

    Article 9  The input organization shall satisfy the following
requirements:

    (1) it shall be a legal person as enterprise or as institution established
according to the law;

    (2) it shall have relevant computer information network and facilities,
and relevant technicians and management personnel;

    (3) it shall have complete safety and confidential management system and
technical protection measures;

    (4) other requirements satisfied with the provisions by law and the State
Council.

    Article 10  If any computer or computer information network used by an
individual, legal person or other organization (hereinafter called as user)
is needed to be internationally connected, it shall be internationally
connected through input network.

    If the computer or computer information network prescribed in the
preceding paragraph is needed to join the input network, it shall be agreed
by the input organization and registered.

    Article 11  The supply organization of international access and exit
information channel, mutually-connected organization and input organization
shall establish relevant network management center, strengthen the management
on itself and its users according to the concerning provisions by the law and
the State Council, improve the safety control of the network information and
ensure to provide the users the good and safe service.

    Article 12  The mutually-connected organization and input organization
shall be responsible for the technical training and management education of
itself and its users concerning international connection.

    Article 13  Any organization or individual engaged in business of
international connection shall comply with the relevant laws and
administrative regulations of the State, carry out strictly the safety and
confidential system, he shall not take advantage of international connection
to conduct criminals such as endangering the state safe, leaking the state
secrets, and shall not produce, look up, copy or expend the information such
as obstructing the social public security, obscene and lust.

    Article 14  Anyone violates against the provisions of Article 6, 8 or 10
of these provisions shall be disposed of warning, circulating a notice of
criticism or ordering to stop net connection, and may be disposed in addition
of a fine below 15000 Yuan by the public security department or by the
public security department according to the opinion of the supply
organization of international access and exit information channel,
mutually-connected organization and input organization.

    Article 15  If any violation against these provisions breaks other
corresponding law or administrative regulation, it shall be punished according
to the corresponding provisions of the law or administrative regulation; if it
constitute a crime, the criminal responsibility shall be investigated and
pursued according to the law.

    Article 16  The connection of the computer information network with
Taiwan, HongKong and Macau shall be carried out in reference to these
provisions.

    Article 17  These provisions shall come into force from the date of
promulgation.






SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ISSUES CONCERNING PENALTIES FOR FOREIGN EXCHANGE PURCHASE FRAUD

The State Administration of Foreign Exchange

Supplementary Circular of the State Administration of Foreign Exchange on Issues Concerning Penalties for Foreign Exchange Purchase
Fraud

HuiChuan [1996] No.22

December 6, 1996

The branches of the State Administration of Foreign Exchange in all provinces, autonomous regions, municipalities directly under the
Central Government, municipalities separately listed on the State plan and special economic zones:

In January 1996, our administration issued the Circular on Relevant Issues Concerning the Investigation and Prosecution of Foreign
Exchange Purchase Fraud (HuiGuanHanZi [96] No.18), requiring all local foreign exchange administrative bureaus to carry out timely
investigation and prosecution of foreign exchange purchase frauds. Now a supplementary circular on issues concerning penalties is
notified as follows:

1.

Once a foreign exchange purchase fraud with false documents is verified:

a.

In cases where the enterprise that made the false document and that purchased the foreign exchange are the same party, the relevant
foreign exchange administrative bureau may impose economic penalties on the party first before handing it over to the relevant public
security department.

b.

In cases where the enterprise that made the false document and that purchased the foreign exchange are not the same party, the relevant
foreign exchange administrative bureau shall impose economic penalties only on the enterprise that purchased the foreign exchange,
while handing the enterprise that made or provided the false document over to the relevant public security department in time.

2.

Enterprises that have been verified upon investigation of foreign exchange purchase fraud shall be treated in accordance with the
relevant stipulations in Article 8 and Article 27 with the sum of penalty in principle not beyond 30% of that of the foreign exchange
purchased by the enterprises for frauds taking place before April 1, 1996, or in accordance with Paragraph 4, Article 39 of the
Regulations of the People’s Republic of China on Foreign Exchange Administration for frauds taking place after April 1, 1996.

3.

Local foreign exchange administrative bureaus shall inform designated local foreign exchange banks that for a stated period every
single foreign exchange purchase by enterprises involved in foreign exchange purchase fraud with false documents shall be verified
by competent foreign exchange administrative bureaus and that the designated foreign exchange banks shall sell foreign exchange to
these enterprises only upon presentation of the approval documents by competent foreign exchange administrative bureaus.

4.

All local foreign exchange administrative bureaus shall report in written form, along with a statistical table of foreign exchange
purchase fraud, to the State Administration of Foreign Exchange before December 20, 1996.

Attachment: Statistical Table of Foreign Exchange Purchase Fraud (omitted)

 
The State Administration of Foreign Exchange
1996-12-06

 




REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-10-15 Effective Date  1996-10-15  


Regulations on the Administration of Tourist Agencies

Chapter I  General Provisions
Chapter II  Establishment of Tourist Agencies
Chapter III  Management of Tourist Agencies
Chapter IV  Supervision and Inspection
Chapter V  Penalty
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.205 of the State Council of the People’s

Republic of China on October 15, 1996)
Chapter I  General Provisions

    Article 1  These Regulations are formulated to strengthen the
administration of tourist agencies, to safeguard lawful rights and interests
of tourists and tourist agencies, to maintain the order in the tourist market
and to promote the healthy development of the tourist industry.

    Article 2  These Regulations are applicable to tourist agencies
established within the territory of the People’s Republic of China and to
resident offices established by foreign tourist agencies within the territory
of the People’s Republic of China (hereinafter referred to as “resident
offices of foreign tourist agencies”).

    Article 3  Tourist agencies mentioned in these Regulations refer to those
enterprises engaged in tourist business for profit.

    Tourist business mentioned in these Regulations refers to the non-gratis
services and operational activities which include completing entry, departure
and visa formalities on behalf of tourists, soliciting and receiving tourists,
and making arrangements for their meals and accommodation.

    Article 4  The tourism administration department under the State Council
shall be responsible for the supervision and management of tourist agencies in
the whole country.

    Departments in charge of tourism of local people’s governments at or above
the county level shall, according to their functions, be responsible for the
supervision and management of tourist agencies within their administrative
areas.

    The departments prescribed in the first and second paragraphs in this
Article are generally referred to as tourism administration departments.

    Article 5  Tourist agencies shall be divided into international tourist
agencies and domestic tourist agencies according to the scope of their
business.

    The scope of business for international tourist agencies shall include
entry tourist services, exit tourist services and domestic tourist services.

    The scope of business for domestic tourist agencies shall be limited to
domestic tourist services.
Chapter II  Establishment of Tourist Agencies

    Article 6  The following prerequisites shall be fulfilled for the
establishment of a tourist agency:

    (1) having a fixed site for business;

    (2) having facilities necessary for business;

    (3) having trained operational personnel with a qualification certificate
issued by the tourism administration departments of people’s governments of
provinces autonomous regions or municipalities directly under the Central
Government; and

    (4) having a registered capital and a quality guarantee deposit as
stipulated in Articles 7 and 8 of these Regulations.

    Article 7  The registered capital of a tourist agency shall meet the
following requirements:

    (1) For an international tourist agency, the registered capital shall be
no less than RMB 1,500,000 yuan;

    (2) For a domestic tourist agency, the registered capital shall be no less
than RMB 300,000 yuan.

    Article 8  Anyone who applies for the establishment of a tourist agency
shall pay a quality guarantee deposit to the tourism administration department
in accordance with the following standards:

    (1) An international tourist agency shall pay RMB 600,000 yuan for
engaging in entry tourist business and shall pay RMB 1,000,000 yuan for
engaging in exit tourist business.

    (2) A domestic tourist agency shall pay RMB 100,000 yuan.

    The quality guarantee deposit and interest derived therefrom during the
period when it is under the control of the tourism administration department
shall belong to the tourist agency. The tourism administration department may,
according to relevant state provisions, take a portion of the interest as
costs of administration.

    Article 9  Anyone who wishes to establish an international tourist agency
shall submit an application to the department in charge of tourism of the
people’s government of the province, autonomous region or municipality
directly under the Central Government where his tourist agency is located.
Upon the examination and approval of the very department, the application
shall be transmitted to the tourism administration department under the State
Council for verification and approval.

    Anyone who wishes to establish a domestic tourist agency shall submit an
application to the department in charge of tourism of the people’s government
of the province, autonomous region or municipality directly under the Central
Government for approval.

    Article 10  Anyone who applies for the establishment of a tourist agency
shall submit the following documents:

    (1) a written application for establishment;

    (2) a feasibility study report for the establishment of the tourist agency;

    (3) articles of association of the tourist agency;

    (4) the curriculum vitaes of the manager and deputy managers of the
tourist agency and qualification certificates prescribed in Item (3) of
Article 6 of these Regulations;

    (5) a credit certificate provided by the bank where it has opened an
account and an asset verification report provided by a certified public
account and his public accountants’ office or auditors’ office;

    (6) a certificate for the site of business; and

    (7) a certificate for situation of facilities used in business.

    Article 11  After receiving the application, the tourism administration
department shall verify it according to the following principles:

    (1) It shall conform to the development planning for tourist industry;

    (2) It shall meet the demand of tourist market; and

    (3) It shall fulfil the prerequisites prescribed in Article 6 of these
Regulations.

    The tourism administration department shall, within 30 days from the date
of receiving the application, make its decision of approval or not approval
and notify the applicant.

    Article 12  The tourism administration department shall issue a Tourist
Agency Permit for Tourist Business to the person whose application has been
verified and approved. The person shall apply to the industry and commerce
administrative department for a business licence on the strength of the permit.

    No one may engage in tourist business without the Tourist Agency Permit
for Tourist Business.

    Article 13  A tourist agency that intends to change its scope of business
shall, subject to the verification and approval of the tourism administration
department that verified and approved its establishment, register the change
with the industry and commerce administrative department.

    A tourist agency that intends to change its name, site of business, or
legal representative, or to suspend its operations or close down shall go
through the corresponding procedures for registering the change or cancelling
its registration with the industry and commerce administrative department, and
then submit the case to the tourism administration department that verified
and approved its establishment for the record.

    Article 14  The tourism administration department shall practise an
announcement system governing tourist agencies, including announcements
concerning opening for business, change of name, change of business scope,
suspension of operations and revocation of permit.

    Article 15  A tourist agency that receives more than 100,000 tourists a
year may set up a branch without the status of legal person (hereinafter
referred to as “branch”).

    For each branch it sets up, an international tourist agency shall increase
its registered capital by RMB 750,000 yuan and its quality guarantee deposit
by RMB 300,000 yuan. For each branch it sets up, a domestic tourist agency
shall increase its registered capital by RMB 150,000 yuan and its quality
guarantee deposit by RMB 50,000 yuan.

    A tourist agency shall practise unified management, unified accounting and
unified solicitation and acceptance of tourists together with its branch.

    branches set up by tourist agencies shall put themselves under the
supervision and control of the tourism administration departments of local
people’s governments at or above the county level in the places where they are
located.

    Article 16  Anyone who applies for the establishment of a tourist agency
with joint investment or to be jointly operated by Chinese and foreign sides
shall, subject to the approval of his application according to the provisions
set by the State Council, go through procedures as required by relevant laws
and administrative regulations.

    Article 17  A foreign tourist agency that wishes to set up a resident
office within the territory of the People’s Republic of China shall apply to
the tourism administration department under the State Council for approval.

    Any resident office of foreign tourist agencies may only engage in tourist
consultation, liaison and publicity but may not engage in tourist business.
Chapter III  Management of Tourist Agencies

    Article 18  A tourist agency shall conduct business operations within the
scope as verified and approved.

    A tourist agency shall comply with the principles of voluntariness,
equality, fairness, honesty and credibility as well as business ethics in
conducting business operations.

    Article 19  Any tourist agency may not resort to the following unfair
means to engage in tourist business and cause damage to its competitors:

    (1) passing off a registered trademark of another tourist agency;

    (2) using a name of another tourist agency without authorization;

    (3) defaming other tourist agencies;

    (4) entrusting a unit or individual without the status of a tourist agency
to conduct tourist business; or

    (5) committing other actions that disturb the order in the tourist market.

    Article 20  A tourist agency shall conclude written contracts with
operational personnel it employs to agree upon rights and obligations of the
two sides.

    Operational personnel shall not, without authorization of the tourist
agency, disclose, use or allow others to use business secrets of the tourist
agency possessed by him.

    Article 21  A tourist agency shall safeguard lawful rights and interests
of tourists.

    A tourist agency shall provide tourists with truthful and reliable
information concerning tourist services and shall not make false publicity.

    Article 22  A tourist agency shall, when organizing a tour, effect tourist
accident insurance on behalf of the tourists and shall guarantee that its
services will be provided according to the requirements for safeguarding the
security of tourists and their belongings. It shall give the tourists truthful
explanations and definite warnings concerning matters that may endanger the
security of tourists and their belongings and shall take measures to prevent
the damage.

    Article 23  A tourist agency shall charge tourists for its tourist
services in accordance with the state provisions. Extra charges for additional
service items during a tour shall be subject to the consent of the tourists.

    For each item of paid-services, the tourist agency shall, according to
relevant state provisions, offer a service document to the tourists.

    Article 24  Tourists shall have the right to lodge complaints to the
tourism administration department in any of the following cases where they
suffer losses:

    (1) The tourist agency fails to attain the service quality standard as
agreed upon in the contract due to its own fault;

    (2) The tourist agency fails to provide services up to the national
standard or trade standard; or

    (3) The tourist agency causes loss of travelling expenses paid in advance
by tourists due to its bankruptcy.

    The tourism administration department shall accept and handle complaints
from tourists in accordance with the provisions of these Regulations.

    Article 25  Tourist guides and tourist leaders engaged by a tourist agency
for accepting tourists or organizing oversea tours shall possess qualification
certificates issued by a tourism administration department of people’s
governments at or above the level of a province, autonomous region or
municipality directly under the Central Government.

    Article 26  When organizing oversea tours, the tourist agency shall select
tourist agencies lawfully established and enjoying good reputation in the
country or region concerned, and shall conclude written agreements with them
before entrusting them to accept tourists.

    If the breach of agreement by an oversea tourist agency causes losses to
the rights and interests of tourists, the domestic tourist agency organizing
the oversea tour shall bear the responsibility for compensation before seeking
reimbursement from the breaching oversea tourist agency.

    Article 27  A tourist agency shall, when soliciting and accepting
tourists, make complete records and keep relevant documents and materials for
the inspection by the tourism administration department.
Chapter IV  Supervision and Inspection

    Article 28  The tourism administration departments shall, according to
law, strengthen the supervision and control over tourist agencies and resident
offices of foreign agencies in order to maintain the order of tourist market.

    Article 29  Tourist agencies shall subject themselves to the supervision
and inspection by the tourism administration departments over their business
operations in such aspects as service quality, tourist security, price
offering, financial accounts and foreign exchange receipts and payments.

    Personnel of the tourism administration departments shall show their
certificates when performing their duties of supervision and inspection.

    Article 30  The tourism administration departments shall conduct an annual
inspection each year over every tourist agency. Tourist agencies inspected
shall, as required by the tourism administration departments, provide an
annual inspection report, statement of assets, financial statement and other
relevant documents and materials.

    Article 31  The tourism administration departments shall make strict
control over the quality guarantee deposit and shall use the deposit for the
compensation for economic losses of tourists according to relevant state
provisions. No unit and individual may embezzle the quality guarantee deposit.
Chapter V  Penalty

    Article 32  If anyone violates the provisions of the second paragraph of
Article 12 and the second paragraph of Article 17 of these Regulations, the
tourism administration department shall order him to stop unlawful business
operations, confiscate his unlawful earnings and concurrently impose a fine
from RMB 10,000 yuan to RMB 50,000 yuan.

    Article 33  If anyone violates the provisions of the first paragraph of
Article 18, Article 22, the first paragraph of Article 23, Article 25 and the
first paragraph of Article 26 of these Regulations, the tourism administration
department shall order him to make corrections within a time limit and, if
any, confiscate his unlawful earnings. If he has not made corrections at the
expiration of the prescribed time limit, he shall be ordered to suspend his
business operations for 15 to 30 days for rectification and may be
concurrently imposed a fine from RMB 5,000 yuan to RMB 20,000 yuan. If the
circumstances are serious, his Tourist Agency Permit for Tourist Business may
be revoked.

    Article 34  Anyone violating the provisions of Article 19 and the second
paragraph of Article 21 of these Regulations shall be punished in accordance
with the relevant provisions of the Trademark Law of the People’s Republic of
China and the Law of the People’s Republic of China for Countering Unfair
Competition.

    Article 35  If anyone violates the provisions of Article 27 and the first
paragraph of Article 29 of these Regulations, the tourism administration
department shall order him to make corrections within a time limit and give a
warning. If he fails to make corrections within the time limit, he shall be
ordered to suspend his business operations for 3 to 15 days for rectification
and may concurrently be imposed a fine from RMB 3,000 yuan to RMB 10,000 yuan.

    Article 36  If the Tourist Agency Permit for Tourist Business of a tourist
agency has been revoked, the industry and commerce administrative department
shall revoke its business license correspondingly.

    Article 37  When handling the complaints prescribed in Article 24 of these
Regulations, the tourism administration department shall, if the complaints
have been proved to be true after investigation, order the tourist agency to
make compensation for actual losses suffered by tourists. If the tourist
agency refuses to or cannot afford to bear the responsibility for
compensation, the tourism administration department may make appropriations
from the quality guarantee deposit of the tourist agency for the compensation.

    Article 38  In any of the following cases where the tourism administration
department violates the provisions of these Regulations, the person in charge
directly responsible and other persons directly responsible shall be given
disciplinary sanctions according to law.

    (1) refusing to issue the Tourist Agency Permit for Tourist Business to
those applicants eligible for the Permit: or

    (2) unlawfully issuing the Tourist Agency Permit for Tourist Business to
ineligible applicants.

    Article 39  Personnel of the tourism administration departments who
neglect their duties, abuse their powers or engage in malpratices for their
personal gains shall, if crimes have been constituted, be investigated for
criminal responsibility according to law. If their acts are not serious enough
to constitute crimes, disciplinary sanctions shall be imposed according to law.
Chapter VI  Supplementary Provisions

    Article 40  These Regulations shall come into force on the date of
promulgation. The Interim Regulations on the Administration of Tourist
Agencies promulgated by the State Council on May 11, 1985 shall be repealed
simultaneously.






DECISION OF THE STATE COUNCIL ON SEVERAL ISSUES CONCERNING ENVIRONMENTAL PROTECTION

Category  ENVIRONMENTAL PROTECTION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-08-03 Effective Date  1996-08-03  


Decision of the State Council on Several Issues Concerning Environmental Protection



(August 3, 1996)

    With a view to further carrying out the basic state policy of
environmental protection, implementing the strategy of sustainable
development, executing the Ninth-Five-Year Plan of the People’s Republic of
China on National Economy and Social Development and Outlines of Objectives in
Perspective of the Year 2010, and realizing the environmental protection
objectives of bringing the worsening tendency of environmental pollution and
ecological deterioration under control and improving to certain extent
environmental quality of some cities and regions by the year 2000, the
following decision is hereby made:

    1. Specifying objectives and adopting procedures through which
administrative officials shall be held responsible for environmental quality

    Discharge of pollutants should be subject to control of maximum quantity.
A national and systemic maximum quantity index of major pollutants and a
practice of regular publication thereof should be adopted in real earnest.

    By the year 2000, industrial pollution sources all over the country shall
meet national or local standards on discharge of pollutants; different
provinces, autonomous regions and municipalities directly under the central
government should control maximum discharge of major pollutants under their
respective jurisdiction within the maximum discharge quantity index laid down
by the state. The worsening tendency of environmental pollution and ecological
disruption could be generally brought under control. Municipalities directly
under the central government, capital cities of provinces, cities within
special economic zones, coastal open cities, and key tourist cities should all
keep environmental air and environmental quality of surface water up to the
corresponding national standards in terms of their functional categories. The
Huaihe River and the Taihu Lake should have waters cleared. The Haihe River,
the Liaohe River, the Dianchi Lake and the Chaohu Lake should have the quality
of surface water markedly improved.

    Local people’s governments at different levels should adopt a policy of
administrative officials being held responsible for environmental quality
under their jurisdiction. They should, according to the above-mentioned
objectives, set local objectives and measures for control over discharge
quantity of major pollutants and for improvement of environmental quality, and
should submit them to people’s governments at higher levels for the record.

    Local people’s governments at different levels and leading officials
thereof shall perform their duties of environmental protection according to
law, and shall resolutely enforce environmental protection laws, regulations
and policies. Environmental quality within jurisdiction should be an important
item for evaluation of principal leading officials of government.

    People’s governments at different levels should include environmental
protection on their working agendas as an important item, regularly deliberate
and solve in time issues concerning environmental protection and make such
conducts compulsory practices.

    2. Stressing on key points and solving regional environmental problems in
real earnest

    Local people’s governments at different levels should resolutely enforce
the law of the People’s Republic of China on the Prevention and Control of
Water Pollution, effectively strengthen the prevention and control of water
pollution so as to ensure safety in industrial and agricultural production and
people’s daily use of water. Drinking water sources, which closely concerns
people’s livelihood, shall be well protected as key points. Drinking water
sources protective zones shall be delimited and placed under rigorous
supervision. The prevention and control of water pollution in valleys shall be
strengthened. The system of maximum quantity control and the verification
procedure for control over discharge of major pollutants shall be applied,
according to law, where attempts to control discharged water pollutants within
prescribed standards still fail to meet national prescribed standards for
water environment quality. Water pollution in rivers of Huaihe, Haihe, Liaohe,
and lakes of Taihu, Chaohu and Dianchi shall be controlled as key points. The
prevention and control on water pollution in other rivers, lakes, reservoirs
and coastal waters shall also be strengthened.

    Local people’s governments at different levels shall, according to the Law
of the People’s Republic of China on the Prevention and Control of
Atmospheric Pollution, do proper work to prevent and control air pollution,
put stress on air pollution by fuel coal, and bring under control the
worsening of pollution by sulphur dioxide and acid rain. The State
Administration for Environmental Protection shall, as soon as possible and in
consultation with relevant departments, put forward opinions on delimitation
of acid rain control zones and sulphur dioxide pollution control zones and
propose required objectives for their control, then submit them to the State
Council for approval before their enforcement.

    People’s governments of cities shall strengthen comprehensive control over
city environment, put emphasis on control of waste water, waste gas, waste
residue and noise pollution. During the Ninth-Five-Year Plan period, cities
with a municipal government, particularly cities with more than 500,000
non-agricultural population, shall, through a variety of channels, raise and
collect funds for the construction of sewage disposal facilities suited to
city conditions so that water environmental pollution in cities could be
alleviated in real earnest. Municipalities which are located in heating areas
shall spread use of clean heating systems such as centralized heating, and
may not establish new boiler rooms scattered around. Gas burning areas in
cities shall be enlarged and raw coal shall be replaced. By the year 2000,
large- and medium-sized cities shall have only sulphur-fixing shaped coal or
other clean fuels used for urban residents’ kitchen ranges. Priority shall be
given to development of different forms of urban public transit. Motor
vehicles shall be encouraged to use clean fuels, and similar other measures
shall be adopted so as to reduce air pollution by tail gas of vehicles. Large-
and medium-sized cities shall, step by step, expand using of bags for urban
residential refuse that shall then be sorted out, collected, stored, removed,
and processed for harmless conversion. Rigorous measures shall be taken to
control environmental noise pollution so as to reduce its disturbance to
citizens.

    Local people’s governments at different levels shall, according to
relevant regulations of the State Council, take effective measures to
strengthen environmental management in countryside and township enterprises.
The governments shall make comprehensive designing for reasonable layouts,
offer instructions in light of special situations, and develop low-pollution
or non-pollution industries that are suited to localities, and combined with
overall countryside and township development. The construction of countryside
and township enterprises shall be relatively concentrated so that their
ability to dispose of pollution could be markedly raised and the worsening of
environmental pollution and ecological deterioration caused by countryside and
township enterprises could be thoroughly reversed. The State Administration
for Environmental Protection shall be instructed to closely attend to
formulating, in consultation with the Ministry of Agriculture, the State
Planning Commission, and the State Economic and Trade Commission, detailed
rules on strengthening the environmental protection work of countryside and
township enterprises.

    3. Making strict checks and resolutely controlling new pollution

    All large-, medium- or small-sized construction projects, expanded
construction projects or reconstruction projects, and all technological
renovation engineering (hereinafter referred to as construction projects for
short) shall start from a raised technological level, adopt clean productive
technology with low energy consumption, low materials consumption and low
pollutants discharge quantity, and shall be strictly prohibited from using
equipment or technology precisely banned by the state. Construction projects
that influence on environment shall, in strict accordance with the law,
conform with the environmental impact assessment provisions and the
“three-stage simultaneous” requirement, according to which environmental
protection facilities shall be designed, constructed and put into production
simultaneously with main construction structures. Total construction
investments should contain capital for construction of environmental
protection facilities. Construction projects after being completed and put
into production or use shall steadily attain the standards on discharge of
pollutants prescribed by the state or localities. Environmental capacity shall
be an important criterion for environmental impact assessment of construction
projects. Where pollution is serious, new construction projects shall be
supposed to offset old ones in calculating environmental capacity so as to
ensure a decrease of total quantity of pollutants discharge.

    When a construction project is found to fail to meet environmental
protection standards at the stage of examination for approval or at the stage
of acceptance after completion, the administrative department in charge of
environmental protection may not grant approval to the environmental impact
statement of the construction project or the acceptance report on
environmental protection facilities. Other relevant approval departments may
not approve its construction or use in production. The interested bank may not
release loans. The administrative departments in charge of environmental
protection at different levels shall exercise rigorous environmental
protection management of construction projects and strictly conduct daily
monitoring, and shall take overall responsibility for examination and approval
of environmental impact assessment of construction projects and for acceptance
of environmental protection facilities according to the “three-stage
simultaneous” requirement. Departments in charge of planning, economy and
trade, construction, industry and commerce, and land administration at
different levels and other relevant departments shall, within the scope of
their respective responsibility, conduct rigorous checks at the stage of
examination for approval, registration, planning, review of land use, design
and acceptance of construction projects. Leading officials of local people’s
governments at different levels may not arbitrarily approve construction
projects without prior environmental impact assessment by violating relevant
state laws and regulations regarding environmental protection of construction
projects. In case of violation, the approval organ and persons who have
conducted the examination and granted approval shall be investigated for
responsibility.

    Administrative supervisory departments shall, according to their duties
and relevant provisions, strengthen the supervision over enforcement of
environmental protection laws and regulations by the governments,
environmental protection departments and other relevant departments, and shall
put forward supervisory comments on disposal of problems they discovered.

    Ever from the date of promulgation of the present Decision, for any
construction project which has already been arbitrarily started or put in
production or use without going through the procedure of environmental impact
assessment, the administrative department of environmental protection at or
above the county level shall put forward suggestions on handling the case, and
submit them to the people’s government at or above the county level, who may
then accordingly order suspension of the construction project or stop using it
in production. For any construction project which has been accepted after
inspection but fails to steadily keep to national or local standards on
discharge of pollutants after being put in production or use, the
administrative department of environmental protection at or above the county
level shall order it to stop the discharge of pollutants in excess of
prescribed standards and at the same time report the case to the people’s
government at or above the county level for an order to suspend production for
rectification.

    4. Prescribing a time limit for reaching standards and facilitating
control over old pollution

    Ever from the date of promulgation of the present Decision, for any unit
that discharges pollutants in excess of prescribed standards, local people’s
governments at or above the county level or the administrative departments of
environmental protection authorized thereby shall order the unit to control
the situation within a prescribed time limit ranging from one to three years
depending on circumstances. Those units that fail to control the situation
within the prescribed time limit shall be ordered by the people’s government
at or above the county level to close down, suspend production or convert to
other line of production. The State Administration for Environmental
Protection, the State Planning Commission and the State Economic and Trade
Commission shall give instructions to and exercise supervision and check over
major projects to be rectified within a prescribed time limit.

    Units discharging pollutants shall ensure the normal operation of
environmental protection facilities. In case that environmental protection
facilities are, without authorization by the administrative department of
environmental protection, arbitrarily stopped working or left unused resulting
in discharge of pollutants in excess of standards, the administrative
department of environmental protection shall order a resumption of their
normal operation and impose punishment according to law.

    By the date of September 30, 1996, the people’s governments at or above
the county level shall ban the following factories, plants and enterprises:
all papermaking factories with annual output of less than 5,000 tons paper;
leather processing plants with annual output of less than 30,000 pieces of
oxhide; dyestuff making plants with annual output of less than 500 tons; and
all enterprises that coke or refine sulphur through backward approaches known
as “pits”, “Pingxiang Style”, “High Pot” and “Open Air Style”. Local people’s
governments at or above the county level shall order the following enterprises
to close down or stop production within the above-mentioned time limit: plants
that are using indigenous methods to refine arsenic, mercury, or smelt lead,
zinc, or extract oil, or pan gold, or to make agricultural chemicals, bleach
and dye, make electroplates, or make asbestos products or radioactive
products. In case such enterprises have not been banned, or do not close down
or stop production within the prescribed time limit, concerned principal
leading officials of local people’s governments and enterprise managers shall
be investigated for legal liability.

    5. Taking effective measures to prohibit from transfer of pollutant wastes

    According to the provisions of the Basel Convention on Control over the
Transfer and Disposal of Dangerous Wastes cross Boundaries, our country
forbids transfer of foreign dangerous wastes into our territory. Departments
at different levels in charge of environmental protection, foreign economic
cooperation and trade, and customs, etc., shall, according to the Law of the
People’s Republic of China on the Prevention and Control of Environmental
Pollution by Solid Wastes and other relevant provisions, make rigorous check
upon importation and persistently forbid transfer of external dangerous wastes
and residential refuse into our country. If importation of other wastes as raw
materials is really necessary, such importation shall conform to the state
provisions and shall be subject to prior examination and approval. Any unit or
individual who, in violation of the state provisions, arbitrarily approves,
lets pass or conducts without authorization importation of wastes shall be
severely punished according to law. In case domestic wastes need to be
transferred for disposal to another province, autonomous region or
municipality, the transfer shall be subject to approval of the administrative
departments at the provincial level of both the original place and the
destination place. In case solid radioactive wastes need transfer for disposal
to anther province, autonomous region or municipality, the transfer shall be
subject to approval of the State Administration for Environmental Protection.

    6. Preserving ecological balance, and protecting and rationally exploiting
natural resources

    Local people’s governments at different levels shall effectively
strengthen the protection of natural resources such as fresh water, land,
forest, grassland, minerals, the sea, animals and plants and climate and the
protection of national ecological environment. On condition that ecological
balance is maintained, those resources can be exploited and utilized in a
rational way. Development of ecological agriculture shall be encouraged.
Pollution of farmland and water resources by pesticides, fertilizers and farm
plastic films shall brought under control. Reclamation of waste land and
control over ecological environment within mining areas shall be strengthened.
Vigorous effort shall be made to carry out tree planting and afforestation.
Indiscriminate and excessive felling of trees shall be restrained. The
forest-covered area shall be enlarged through efforts. Comprehensive control
over soil erosion shall be facilitated. Vegetation of grassland shall be
restored and developed. Overgrazing shall be prevented. Shrubs, medicinal
herbs or other sand-fixation plants growing in grassland or desertized areas
shall be protected from felling or digging. Technology for prevention and
fixation of sand shall be actively applied so as to protect land from further
desertization.

    Biological diversity shall be actively protected. Nature reserves,
historic sites and scenic spots, city gardens and green land shall be
developed and strictly placed under protection and management. All illegal
exploitation and construction activities within nature reserves or historic
sites and scenic spots which damage natural resources and environment shall be
firmly banned.

    Arrangements for early warning of and emergency measures against pollution
accidents and calamities shall be strengthened so as to reduce their influence
upon ecological environment and loss of people’s lives and property.

    7. Perfecting economic policies on environment and effectively increasing
investment in environmental protection

    According to the principle “whoever pollutes, exploits, develops or
damages the environment shall be respectively responsible for payment for
discharging pollutants, compensation, protection and restoration”, the
relevant departments of the State Council shall, in terms of infrastructure
construction, technical renovation, comprehensive utilization, finance and
taxation, banking and credit, and absorption of foreign investment, closely
attend to formulating and improving economic policies and measures for
promoting environmental protection, preventing environmental pollution and
control of ecological damaging. When important decisions on economic
construction and social development are made such as designing of regional
development or resources exploitation, programming of city development or
trade progress and restructuring of industry or productivity layout, overall
consideration shall be given to economic, social and environmental efficiency,
and environmental assessment shall be made. All provinces, autonomous regions
and municipalities directly under the central government shall comply with the
guideline that economic construction, rural and urban construction and
environmental construction shall be simultaneously designed, conducted and
progressed. Investment in environmental protection shall be substantially
increased. The proportion of investment in environmental pollution prevention
and control in total GNP in a locality over the period shall be raised
gradually. A corresponding test and check system shall also be established.

    The relevant departments of the State Council shall as soon as possible
formulate policies imposing restrictions upon production, import and
application of carbon-fluoride-chloride, halong and lead-contained gasoline,
and establish and perfect a reimbursement mechanism for non-gratuitous
exploitation of natural resources and restoration of ecological environment.
Current standards for pollutant discharge fees shall be raised according to
the principle of “pollutant discharge fees being higher than cost on pollution
control” so that pollutant discharging units could be urged to take vigorous
measures for control of pollution. Collection, use and management of pollutant
discharge fees shall be strengthened. The administrative departments in charge
of environmental protection and local people’s governments at different levels
shall collect pollutant discharge fees in full. Fees so collected and income
from confiscation and pecuniary penalties shall be managed along separate
lines of receipts and payments, shall be used according to provisions and may
not be embezzled for other use or detained. Cities which have installed
centralized facilities for disposal of sewage may levy sewage disposal fees
upon those who discharge sewage.

    8. Rigorously enforcing environmental protection laws and strengthening
supervision and management of environment

    The administrative departments in charge of environmental protection at
different levels shall perform in real earnest their duty of unified
supervision and management of environmental protection, strengthen the
development of environmental supervision and law enforcement personnel,
reinforce the enforcement of environmental protection laws, perfect procedures
governing law enforcement and improve skills in law enforcement. People’s
governments at or above the county level shall set up environmental protection
supervisory institutions, which shall independently perform the duty of
unified supervision and management of environmental protection. Appointment
and removal of leading officials of local administrative departments of
environmental protection at different levels shall be subject to opinions of
the administrative departments of environmental protection at higher levels.

    The relevant departments of people’s governments at or above the county
level shall, according to the relevant provisions of law, exercise the
supervision and management over prevention and control of environmental
pollution and resources protection.

    A legislative framework and management system regarding environmental
protection shall be improved further. Administrative enforcement of
environmental protection laws shall be subjected to frequent checks. Whenever
law is not observed, strictly enforced or violation of law is not punished, or
in case law is subordinated by words or power, criminal sentence is replaced
by administrative sanction, etc., such cases shall all be investigated for
punishment. If a crime is constituted, criminal responsibility shall be
investigated according to law.

    9. Vigorously conducting environmental scientific research and developing
environmental protection industries

    The state, localities and relevant departments shall give priority to
environmental protection scientific research and technological development
projects when making medium- or long-term plans or annual programmes on
science and technology development. Major environmental scientific research
subjects such as saving of energy, reduction of consumption, clean production,
prevention and control of pollution, biological diversity and ecological
protection, etc., shall be studied as key ones. New and High technology and
pragmatic technology shall be applied actively. Researches on basic
environmental sciences, environmental standards and monitoring techniques
shall be strengthened. Application of scientific and technological
achievements shall be spread vigorously.

    The Circular of the General Office of the State Council on Transmitting
Suggestions of the State Council Environmental Protection Commission on
Actively Developing Environmental Protection Industries (promulgated by
Guobanfa No.(1990)64), shall be carried out in real earnest. Encouraging and
preferential policies shall be drafted in order to substantially develop
environmental protection industries. Quality of environmental protection
products and environmental projects and technology involved shall be advanced.
Enterprises producing environmental protection products with advanced, stable
performance and high efficiency shall enjoy priority in terms of fixed assets
investment so that environmental protection industries could be pushed to
certain scope.

    10. Strengthening publicity and education and improving environmental
consciousness of the whole people

    Environmental protection concerns the existence and progress of the whole
nation. To protect environment is to protect productive forces in nature. All
localities and departments shall enhance their awareness of the significance
of environmental protection, further strengthen environmental publicity and
education, widely disseminate and popularize knowledge of environmental
sciences and relevant laws and regulations and effectively reinforce
environmental consciousness and related sense of legality of the whole nation.

    All localities and departments shall include environmental protection laws
as an important content in training of cadres and staff members and improve
the consciousness of cadres at different levels and the people for observance
of environmental protection laws and regulations. Higher, middle and primary
schools shall develop environmental education. A mechanism for public
involvement shall be established. Social organizations shall be given play to
their role. The public shall be encouraged to involve in environmental
protection and to charge against or disclose any kind of illegal activities of
violating environmental protection laws and regulations.

    Mass media such as newspaper, broadcasting and television shall in due
course report and praise advanced or model units or individuals of
environmental protection and openly disclose and criticize illegal activities
of polluting and damaging ecological environment. The press shall play the
role of supervision and monitoring and shall expose to the public any unit or
individual who has seriously polluted or damaged ecological environment.

    All localities and departments, when attending relevant international
events, shall conscientiously observe and publicize our government’s principle
stand on the global environmental problem, and safeguard rights and interests
of our country and other developing countries.

    The State Council shall instruct the State Administration for
Environmental Protection to supervise and inspect the implementation of the
present Decision in consultation with the Ministry of Supervision and other
relevant departments and submit a report to the State Council.






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVAL OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

Category  TERRITORY AND DIPLOMATIC RELATIONS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-05-15 Effective Date  1996-05-15  


Decision of the Standing Committee of the National People’s Congress on Approval of the United Nations Convention on the Law of the
Sea

(Adopted at the 19th Meeting of the Standing Committee of the Eighth

National People’s Congress on May 15, 1996)

    The 19th Meeting of the Standing Committee of the Eighth National
People’s Congress hereby decides to approve the United Nations Convention on
the Law of the Sea and meanwhile, makes the following statements:

    1. According to the provisions of the United Nations Convention on the
Law of the Sea, the People’s Republic of China shall have sovereignty and
jurisdiction over its exclusive economic zone and continental shelf of 200
nautical miles.

    2. The People’s Republic of China shall, through consultation with its
coastal neighboring or facing countries, on the basis of the international
law and in accordance with the principle of equity, delimit a demarcation
line between China’s maritime jurisdiction and the maritime jurisdictions of
China’s coastal neighboring or facing countries.

    3. The People’s Republic of China reiterates its sovereignty over all
archipelagoes and islands listed in Article 2 of the Law of the People’s
Republic of China on the Territorial Sea and the Continuous Zone which was
promulgated on February 25, 1992.

    4. The People’s Republic of China affirms: provisions of the United
Nations Convention on the Law of the Sea concerning the innocent passage
through a country’s territorial sea make no prejudice to the right of a
coastal country to demand, in accordance with its laws or regulations,
foreign ships of military purposes to obtain approval from the country or
notify the country in advance for going through the country’s territorial
sea.






REGULATIONS ON WILD PLANTS PROTECTION

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-09-30 Effective Date  1997-01-01  


Regulations of the People’s Republic of China on Wild Plants Protection

Chapter I  General Provisions
Chapter II  Protection Of Wild Plants
Chapter III  Administration of Wild Plants
Chapter IV  Legal Responsibility
Chapter V  Supplementary Provisions

(Promulgated by Decree No.204 of the State Council of the People’s

Republic of China on September 30, 1996)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purpose of
protecting, developing and rationally utilizing wild plant resources,
retaining the biodiversity and maintaining ecological balances.

    Article 2  All activities in the territory of the People’s Republic of
China concerning the protection, development and utilization of wild plants
must be conducted in conformity with these Regulations.

    Wild plants protected under these Regulations refer to plants growing in
natural conditions, which are specious or which are rare or near extinction
and of important economic, scientific or cultural value.

    As regards the protection of medicinal wild plants and wild plants within
urban gardens, nature reserves and scenic spots, other relevant laws and
regulations shall also apply.

    Article 3  The state shall pursue a policy of strengthening the
protection of wild plant resources, actively developing and rationally
utilizing wild plant resources.

    Article 4  The state shall protect the lawful rights and interests of
units and individuals engaged in the development, utilization or management
of wild plant resources according to law.

    Article 5  The state shall encourage and support scientific research on
wild plants and the protection of wild plants either in their original
habitats or by moving them to other places.

    Units and individuals having made remarkable achievements in the
protection, research, cultivation or utilization of or popular education
about wild plants shall be awarded by the people’s government.

    Article 6  Relevant departments of people’s governments at and above the
county level shall conduct popular education concerning the protection of
wild plants, popularize knowledge about wild plants and enhance citizens’
consciousness of protecting wild plants.

    Article 7  All units and individuals shall have the duty to protect wild
plant resources and the right to inform the authorities of or file charges
against acts of seizure or damaging of wild plants or the environment for
their survival.

    Article 8  The department of forestry administration under the State
Council shall take charge of the nationwide supervision and administration
of wild plants in forest zones and precious wild trees beyond the forest
zones. The department of agriculture administration under the State Council
shall take charge of the nationwide supervision and administration of other
wild plants.

    The department of construction administration under the State Council
shall be responsible for the supervision and administration of wild plants in
urban gardens and scenic spots. The department of environmental protection
under the State Council shall be responsible for the nationwide coordination
and supervision of the protection of the environment for survival of wild
plants. Other relevant departments of the State Council shall be responsible
for relevant work of protection of wild plants in accordance with their
respective duties.

    The department in charge of the administration of wild plants under local
people’s governments at and above the county level and said department’s
duties and functions shall be designated and determined by the people’s
governments of provinces, autonomous regions or municipalities directly under
the central government in accordance with the local actual situation.
Chapter II  Protection Of Wild Plants

    Article 9  The state shall protect wild plants and the environment for
their survival. All units and individuals shall be forbidden to illegally
collect wild plants or damage the environment for their survival.

    Article 10  Wild plants shall be classified into two categories: ones
under special protection by state and ones under special protection by
localities.

    Wild plants under special state protection shall be classified into two
classes: ones under first class state protection and ones under second class
state protection. Lists of wild plants under special state protection shall
be drawn up by the department of forestry administration and the department
of agriculture administration under the State Council(hereinafter referred to
as the department of wild plants administration under the State council), in
consultation with other relevant departments under the State Council such as
the department of environmental protection and the department of construction
under the State Council and announced after being submitted to and approved
by the State Council.

    Wild plants under special local protection refer to wild plants other
than those under special state protection but under the protection by
provinces, autonomous regions and municipalities directly under the central
government. Lists of wild plants under special local protection shall be
drawn up and announced by the governments of provinces, autonomous regions or
municipalities directly under the central government and shall be submitted
to the State Council for the record.

    Article 11  Districts with a natural concentrated distribution of species
of wild plants under special state or local protection shall be designated as
nature reserves in accordance with relevant laws and regulations; other
districts may be designated as protection areas for wild plants under special
state or local protection or protection signs for said wild plants be erected
by the department of wild plants administration under local governments at
and above the county level in accordance with the actual situation.

    It is forbidden to damage the protective facilities of the protection
areas or the protection signs for wild plants under special state or local
protection.

    Article 12  The department of wild plants administration and other
relevant departments shall keep watch on and monitor the impact of the
environment on the growth of wild plants under special state and local
protection, and take measures to maintain and improve the environment for the
survival of wild plants under special state and local protection. When the
environment causes damage to the growth of wild plants under special state or
local protection, the department of wild plants administration shall,
together with other relevant departments, make an investigation and deal with
the situation in accordance with the law.

    Article 13  If a construction project may produce adverse effects on the
the environment for the survival of the wild plants under special state or
local protection, the construction unit shall make an appraisal on the
effects in its submitted report on the environmental impact; the department
of environmental protector shall, in examining and approving the report,
seek the opinion of the department of wild plants administration.

    Article 14  The department of wild plants administration and relevant
units shall take measures to save the wild plants under special state and
local protection when their growth is endangered, protect or restore the
environment for their survival and, when necessary, build cultivation bases,
seed banks or moving the wild plants to other places for protection.
Chapter III  Administration of Wild Plants

    Article 15  The department of wild plants administration shall regularly
carry out surveys of resources of wild plants under special state and local
protection and keep records of them.

    Article 16  The collecting of wild plants under first class state
protection shall be prohibited. Where the collecting of wild plants under
first class state protection is necessary for some special purposes such as
scientific research, cultivation or cultural exchanges, the unit concerned
must seek comments from the department of wild plants administration under
the government of the province, autonomous region, or municipality directly
under the central government at the place of collecting, and then apply for a
collecting permit to the department of wild plants administration under the
State Council or an agency authorized thereby.

    For collecting wild plants under second class state protection, the unit
concerned must seek comments from the department of wild plants
administration under the government at the county level at the place of
collecting and then apply for a collecting permit to the department of wild
plants administration under the government of the province, autonomous
region or municipality directly under the central government or an agency
authorized thereby.

    For collecting wild plants under first or second class state protection
within urban gardens or scenic spots, the unit concerned must ask for
approval from the administrative department of the urban garden or scenic spot
and then apply for a collecting permit in accordance with the provisions of
Paragraph 1 or 2 of this Article.

    Collecting of precious wild trees or wild plants within forest zones or
grasslands shall be handled in accordance with the provisions of the Forest
Law and Grassland Law.

    After issuing a collecting permit, the department of wild plants
administration shall send a duplicate of relevant documents to the department
of environmental protection for the record.

    The format of the collecting permit shall be made by the department of
wild plants administration under the State Council.

    Article 17  units and individuals engaged in collecting of wild plants
under special state protection must observe the prescriptions in their
collecting permits with respect to the species, quantity, area, time limit
and method.

    Departments of wild plants administration under governments at the
county level shall conduct supervision and inspection on the activities of
collecting wild plants under special state protection within their respective
regions, and make a timely report to the department of wild plants
administration or the agency authorized thereby which approves the
collecting.

    Article 18  The sale or purchase of wild plants under first class state
protection shall be prohibited.

    Those intending to sell or purchase wild plants under second class state
protection shall apply for approval from the department of wild plants
administration under the government of province, autonomous region or
municipality directly under the central government or the agency authorized
thereby.

    Article 19  The department of wild plants administration shall conduct
supervision and inspection on activities of managing and exploiting wild
plants under second class state protection.

    Article 20  The export of wild plants under special state protection and
the import or export of wild plants whose import or export is restricted by
international conventions to which China is a party, must be verified by the
department of wild plants administration under the government of the
province, autonomous region or municipality directly under the central
government which the importer or exporter belongs to, and then be submitted
to the department of wild plants administration under the State Council for
approval, and an import or export permit or label must be obtained from the
state administrative organ in charge of the import and export of the species
which are near extinction. The customs shall clear the imports or exports
after examining the import or export permit or the label. The department of
wild plants administration under the State Council shall send a duplicate of
the relevant import or export documents to the department of environmental
protection under the State Council.

    It shall be forbidden to export wild plants which have not been named or
which have just been discovered and believed to be of important value.

    Article 21  Foreigners may not, in the territory of China, collect or
purchase wild plants under special state protection.

    Where any foreigner intends, in the territory of China, to make surveys
of wild plants under special state protection in the field, he must submit an
application to the department of wild plants administration under the
government of the province, autonomous region or municipality directly under
the central government at the place of the wild plants concerned, which,
after examination, shall submit it to the department of wild plants
administration under the State Council or an agency authorized thereby for
approval; in the case of an application directly submitted to the department
of wild plants administration under the State Council, the said department
shall, before approving the application, consult the department of wild
plants administration under the government of the relevant province,
autonomous region or municipality directly under the central government.

    Article 22  Measures for the administration of wild plants under special
local protection shall be formulated by respective local government of
province, autonomous region or municipality directly under the central
government.
Chapter IV  Legal Responsibility

    Article 23  If anyone collects wild plants under special state protection
without a collecting permit or without observing the prescriptions in the
permit, the department of wild plants administration shall confiscate the
wild plants collected and the illegal earnings and may concurrently impose a
fine up to 10 times the illegal earnings and revoke the collecting permit, if
any.

    Article 24  If anyone, in violation of these Regulations, sells or
purchases wild plants under special state protection, the administrative
department for industry and commerce or the department of wild plants
administration shall, in accordance with their respective duties, confiscate
the wild plants and illegal earnings, and may concurrently impose a fine up
to 10 times the illegal earnings.

    Article 25  Anyone illegally importing or exporting wild plants shall be
subject to penalty by the customs in accordance with the provisions of the
Customs Law.

    Article 26  If anyone forges, sells or transfers collecting permit,
import or export permit or relevant approval documents or labels, the
department of wild plants administration or the administrative department for
industry and commerce shall, in accordance with their respective duties,
take over the said permit, document or label and may concurrently impose a
a fine up to 50,000 yuan.

    Article 27  If any foreigner, in the territory of China, collects or
purchases wild plants under special state protection or make field surveys of
wild plants under special state protection without permission, the department
of wild plants administration shall confiscate the wild plants collected or
purchased or the survey data and may concurrently impose a fine up to 50,000
yuan.

    Article 28  Anyone violating these Regulations resulting in the
constitution of a crime shall be investigated for criminal responsibility in
accordance with the law.

    Article 29  Any staff member of a department of wild plants
administration who abuses his power, neglects his duty or engages in
malpractice for personal gains resulting in the constitution of a crime
shall be investigated for criminal responsibility in accordance with the law;
if the circumstances are not serious enough to constitute a crime, he shall
be subject to a disciplinary sanction.

    Article 30  Objects confiscated under these Regulations shall be dealt
with by the department making the decision of confiscation by following
relevant regulations of the state.
Chapter V  Supplementary Provisions

    Article 31  If and international treaty concerning the protection of wild
plants, concluded or acceded to by the People’s Republic of China, contains
provisions differing from those of these Regulations, the provisions of the
international treaty shall apply, unless the provisions are ones on which the
People’s Republic of China has made reservations.

    Article 32  The Regulations shall enter into force on January 1, 1997.






REPLY OF THE STATE COUNCIL TO THE NOTICE OF BAN ON ILLEGAL COMPOSING OF AUTOMOBILES AND MOTORCYCLES

Category  ADMINISTRATION FOR INDUSTRY AND COMMERCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-08-21 Effective Date  1996-08-21  


Reply of the State Council to the Notice of Ban on Illegal Composing of Automobiles and Motorcycles


APPENDIX: NOTICE OF BAN ON ILLEGAL COMPOSING OF AUTOMOBILES AND MOTORCYCLES

(August 21, 1996)

    The State Council agrees to the Notice of Ban on Illegal Composing of
Automobiles and Motorcycles. You are allowed to jointly promulgate the Notice
and conduct its implementation.
APPENDIX: NOTICE OF BAN ON ILLEGAL COMPOSING OF AUTOMOBILES AND MOTORCYCLES

    With a view to enforcing the state policy on automobile industry,
protecting the life safety of citizens, rigorously cracking down on illegal
composing of automobiles and motorcycles and maintaining the normal order of
production and marketing of automobiles and motorcycles, the following
provisions are hereby notified:

    1. It constitutes illegal vehicle composition to compose or make
automobiles using imported automobile body (including driver’s cab) without
authorization of concerned state departments;

    2. It constitutes illegal vehicle composition to compose or make
motorcycles using imported motorcycle engines (including whole set of engine
components) and frames without authorization of concerned state departments;

    3. In case of illegal vehicle composition, the industrial and commercial
administrative organ, public security organ and the customs shall within their
respective jurisdiction confiscate sales income, vehicles so composed and
imported components not yet sold;

    4. Those confiscated vehicles, which have passed tests on quality and
safety, shall be run by units designated by the state to confiscate illicit
vehicles for enforcement of justice. No other unit or individual may run these
illegally composed automobiles and motorcycles. Whoever intends to buy
automobiles or motorcycles shall make the purchase with state-designated sales
units. In case of violation of these provisions, the industrial and commercial
administrative organ shall confiscate the illegally composed vehicles and
sales income. If the case is serious, the business license of the offender may
be revoked.

    5. Public traffic administrative department may not issue the vehicle
number plate or credential to any illegally composed vehicle except those
disposed of after confiscation according to law, and shall confiscate such
vehicles;

    6. Separate regulations shall be formulated in regard to handling illicit
composition of vehicles using domestic automobile or motorcycle bodies or
components.

    7. In case that violation of the present Notice is serious enough to
constitute a crime, the case shall be turned over to the judicial organ for
investigation into criminal responsibility therein.

    8. The present Notice shall come into force as of the date of promulgation.






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

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-12-30 Effective Date  1997-07-01  


Garrison Law of the Hong Kong Special Administrative Region of the

Contents
Chapter I  General Provisions
Chapter II  Duties of the Hong Kong Garrison
Chapter III  Relationship between the Hong Kong Garrison and the
Chapter IV  Obligations and Disciplines of Members of the Hong Kong
Chapter V  Judicial Jurisdiction over Members of the Hong Kong Garrison
Chapter VI  Supplementary Provisions

People’s Republic of China

(Adopted at the 23rd Meeting of the Standing Committee of the Eighth

National People’s Congress on December 30, 1996 and promulgated by Order No.80
of the President of the People’s Republic of China on December 30, 1996)
Contents

    Chapter I    General Provisions

    Chapter II   Duties of the Hong Kong Garrison

    Chapter III  Relationship between the Hong Kong Garrison and the

                 Government of the Hong Kong Special
Administrative Region

    Chapter IV   Obligations and Disciplines of Members of the Hong Kong

                 Garrison

    Chapter V    Judicial Jurisdiction over Members of the Hong Kong Garrison

    Chapter VI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is enacted in accordance with the Constitution and the
Basic Law of the Hong Kong Administrative Region with a view to ensuring that
the military forces stationed by the Central People’s Government in the Hong
Kong Special Administrative Region for defence shall perform its duties in
accordance with law, and to upholding national sovereignty, unification,
territorial integrity and Hong Kong’s security.

    Article 2  The military forces stationed by the Central People’s
Government in the Hong Kong Special Administrative Region for defence,
composed of ground force, navy and air force of the People’s Liberation Army
of China, is called the military forces stationed in Hong Kong of the People’s
Liberation Army of China (hereinafter referred to as the Hong Kong Garrison).

    Article 3  The Hong Kong Garrison is under the leadership of the Central
Military Commission of the People’s Republic of China, and the members of its
staff are set in accordance with the demand of defence of the Hong Kong
Special Administrative Region.

    The Hong Kong Garrison adopts the system of personnel rotation.

    Article 4  Expenditure for the Hong Kong Garrison shall be borne by the
Central People’s Government.
Chapter II  Duties of the Hong Kong Garrison

    Article 5  The Hong Kong Garrison performs the following duties:

    (1) To guard against and to resist aggression, and to guarantee the
security of the Hong Kong Special Administrative Region;

    (2) To shoulder the responsibility of defence and patrol duty;

    (3) To take charge of military installations; and

    (4) To undertake relevant foreign military affairs.

    Article 6  In the event that the Standing Committee of the National
People’s Congress decides to declare a state of war or, by reason of turmoil
within the Hong Kong Special Administrative Region which endangers national
unity or security and is beyond the control of the Government of the Hong
Kong Special Administrative Region, decides that the Region is in a state of
emergency, the Hong Kong Garrison shall perform its duties in accordance with
the provisions of national laws decided to be applied in the Hong Kong
Special Administrative Region by the Central People’s Government.

    Article 7  The Hong Kong Garrison’s aircraft, ships and other military
equipment, goods and materials, and its members and vehicles on duty holding
certificates or certifying papers issued by the Hong Kong Garrison, are free
from any examinations, searches or detentions by executants of the Hong Kong
Special Administrative Region.

    The Hong Kong Garrison and its members equally enjoy other rights and
immunity as prescribed in the laws applied in the Hong Kong Special
Administrative Region.

    Article 8  Members of the Hong Kong Garrison are enpost_titled to take measures
to stop any activities that hinder them from performing their duties in
accordance with the provisions of laws applied in the Hong Kong Special
Administrative Region.
Chapter III  Relationship between the Hong Kong Garrison and the
Government of the Hong Kong Special Administrative Region

    Article 9  The Hong Kong Garrison shall not interfere in the local affairs
of the Hong Kong Special Administrative Region.

    Article 10  The Government of the Hong Kong Special Administrative Region
shall support the Hong Kong Garrison to perform its duties of defence, and
protect the legitimate rights and interests of the Hong Kong Garrison or of
its members.

    The Government of the Hong Kong Special Administrative Region shall
solicit the Hong Kong Garrison’s opinions when it makes policies or drafts
bills involving the Hong Kong Garrison.

    Article 11  The Hong Kong Garrison shall inform the Government of the Hong
Kong Special Administrative Region in advance if it will conduct military
activities such as training or manoeuvres involving public interests of the
Hong Kong Special Administrative Region.

    Article 12  The Hong Kong Garrison and the Government of the Hong Kong
Special Administrative Region shall jointly protect the military installations
within the Hong Kong Special Administrative Region.

    The Hong Kong Garrison defines military forbidden zones jointly with the
Government of the Hong Kong Special Administrative Region. The location and
scope of military forbidden zones shall be announced by the Government of the
Hong Kong Special Administrative Region.

    The Government of the Hong Kong Special Administrative Region shall assist
the Hong Kong Garrison in safeguarding the security of the military forbidden
zones.

    Persons, vehicles, ships and aircraft outside the Hong Kong Garrison shall
not enter into military forbidden zones without approval by the highest
commander of the Hong Kong Garrison or by the officer authorized by the
commander. The guards of the military forbidden zones have the power to stop
the unauthorized entries into the military forbidden zones and destruction or
endangerment of the military installations.

    The Hong Kong Garrison shall protect the natural resources, the cultural
relics, the historic sites and non-military rights and interests within the
military forbidden zones in accordance with the laws of the Hong Kong Special
Administrative Region.

    Article 13  The Hong Kong Garrison’s military land, if it will not be used
any longer for military purpose with approval by the Central People’s
Government, shall be transferred gratis to the Government of the Hong Kong
Special Administrative Region.

    If it needs part of the Hong Kong Garrison’s military land to be used for
public purpose, the Government of the Hong Kong Special Administrative Region
shall apply to the Central People’s Government for approval; and if it gets
such approval, the Government of the Hong Kong Special Administrative Region
shall anew provide land and military installations for the Hong Kong Garrison
in the place consented by the Central People’s Government, and all the
expenses shall be borne by the Government of the Hong Kong Special
Administrative Region.

    Article 14  In accordance with the provisions of the Basic Law of the Hong
Kong Special Administrative Region, the Government of the Hong Kong Special
Administrative Region may, when necessary, ask the Central People’s Government
for assistance from the Hong Kong Garrison in the maintenance of public order
and in disaster relief.

    In the event that the application of the Government of the Hong Kong
Special Administrative Region has been approved by the Central People’s
Government, the Hong Kong Garrison shall send out troops to carry out the task
of assistance in maintenance of public order and in disaster relief according
to the order from the Central Military Commission, and the troops shall
immediately return to their station after the task has been accomplished.

    When it conducts assistance in maintenance of public order and in disaster
relief, the Hong Kong Garrison shall be under the command of the Garrison’s
highest commander or the officer authorized by the commander with the
arrangements made by the Government of the Hong Kong Special Administrative
Region.

    Members of the Hong Kong Garrison exercise the powers as prescribed in the
laws of the Hong Kong Special Administrative Region when they conduct
assistance in maintenance of public order and in disaster relief.

    Article 15  The Hong Kong Garrison and the Government of the Hong Kong
Special Administrative Region shall establish necessary contact to consult
about and to deal with matters relating to the Garrison.
Chapter IV  Obligations and Disciplines of Members of the Hong Kong
Garrison

    Article 16  Members of the Hong Kong Garrison should fulfil the following
obligations:

    (1) To be loyal to the motherland, to perform duties, to safeguard the
security, honour and interests of the motherland, and to safeguard the
security of Hong Kong;

    (2) To abide by the national laws and the laws of the Hong Kong Special
Administrative Region and to abide by the military disciplines;

    (3) To respect the authorities of the Hong Kong Special Administrative
Region and to respect the social system and life style of the Hong Kong
Special Administrative Region;

    (4) To protect the public property owned by the Hong Kong Special
Administrative Region, and the private property owned by residents or other
persons in Hong Kong; and

    (5) To observe social ethics and to pay attention to civilized and polite
manners.

    Article 17  Members of the Hong Kong Garrison shall not join any political
organizations, religious organizations and public organizations of Hong Kong.

    Article 18  The Hong Kong Garrison and its members shall not engage in any
profit-seeking management activities in any forms. And members of the Hong
Kong Garrison shall not engage in any other activities unconformable to a
soldier’s duties.

    Article 19  Members of the Hong Kong Garrison who violate the national
laws and the laws of the Hong Kong Special Administrative Region shall be
investigated for legal responsibility in accordance with law.

    Members of the Hong Kong Garrison who violate the military disciplines
shall be subjected to disciplinary sanctions.
Chapter V  Judicial Jurisdiction over Members of the Hong Kong Garrison

    Article 20  Cases involving crimes committed by members of the Hong Kong
Garrison shall be under the jurisdiction of a military judicial organ.
However, cases involving crimes caused by the activities outside the
performance of functions of members of the Hong Kong Garrison which have
infringed upon personal rights and property rights of residents of Hong Kong
or of other persons other than members of the Hong Kong Garrison or, which
have violated the laws of the Hong Kong Administrative Region, shall be under
the jurisdiction of a court or a relevant law enforcement agency of the Hong
Kong Special Administrative Region.

    The military judicial organ and the court or relevant law enforcement
agency of the Hong Kong Special Administrative Region may, if they think it
more appropriate for the other side to have jurisdiction over the case
involving a crime committed by members of the Hong Kong Garrison over which
they respectively have jurisdiction, transfer the case to the other side after
an agreement has been achieved through consultations.

    Residents of Hong Kong or other persons other than members of the Hong
Kong Garrison among accused persons of the cases involving crimes committed by
members of the Hong Kong Garrison which are under the jurisdiction of the
military judicial organ shall be tried by a court of the Hong Kong Special
Administrative Region.

    Article 21  If the personnel suspected to have committed a crime is
arrested by law enforcement officials of the Hong Kong Special Administrative
Region, and if he is found out to be a member of the Hong Kong Garrison, the
personnel shall be transferred to the Hong Kong Garrison for custody. The case
relating to the personnel in custody shall be under jurisdiction determined in
accordance with the provisions in Article 20 of this Law.

    Article 22  The members of the Hong Kong Garrison sentenced to criminal
penalty of deprivation or restriction of freedom by a court of the Hong Kong
Special Administrative Region, shall be submitted for execution in accordance
with the provisions of the laws of the Hong Kong Special Administrative
Region, except in circumstances where the relevant law enforcement agency of
the Hong Kong Special Administrative Region and the military judicial organ
have achieved an agreement on the place of execution through consultations.

    Article 23  If a member of the Hong Kong Garrison violates the laws of the
Hong Kong Special Administrative Region, and infringes upon civil right of a
resident of Hong Kong or another person other than members of the Hong Kong
Garrison, the parties concerned may settle the dispute through consultation or
by mediation; if they do not wish to or fail to settle the dispute through
consultation or by mediation, the party whose right is infringed upon may file
a suit in a court. Civil cases involving infringement arising from activities
outside the performance of functions of members of the Hong Kong Garrison
shall be under the jurisdiction of a court of the Hong Kong Special
Administrative Region; civil cases involving infringement arising from the
performance of functions shall be under the jurisdiction of the Supreme
People’s Court of the People’s Republic of China, and the laws of the Hong
Kong Special Administrative Region shall apply to the claim for damages of
infringement of right.

    Article 24  Where an organ or a unit of the Hong Kong Garrison has a
contract dispute with a resident of Hong Kong or another person other than
members of the Hong Kong Garrison in the Hong Kong Special Administrative
Region, the parties concerned may settle the dispute through consultation or
by mediation. If the parties concerned do not wish to or fail to settle their
dispute through consultation or by mediation, they may apply for arbitration
in an arbitration agency in accordance with the arbitration clause in the
contract concerned or with the written arbitration agreement reached
subsequently. If the parties have not had an arbitration clause in the
contract concerned or have not subsequently reached a written arbitration
agreement, they may bring an action in a court of the Hong Kong Special
Administrative Region, except the parties have an agreement on another court
in which they shall bring an action.

    Article 25  During the period of legal action in a court of the Hong Kong
Special Administrative Region, certifying paper from the Hong Kong Garrison on
questions of fact such as status of a member of the Hong Kong Garrison or
performance of duties is valid evidence, except contrary evidence is tenable.

    Article 26  Acts of state by the Hong Kong Garrison such as defence shall
not be under the jurisdiction of the courts of the Hong Kong Special
Administrative Region.

    Article 27  If a judgment or an order in writing made by a court of the
Hong Kong Special Administrative Region involves execution of property of an
organ or a unit of the Hong Kong Garrison, the organ or unit shall carry out
the judgment or order in writing. However, any court of the Hong Kong Special
Administrative Region shall not take any enforcement measures towards the
weapons and equipment, goods and materials, and other property owned by the
Hong Kong Garrison.

    Article 28  Through consultations, a military judicial organ may maintain
judicial relations with the courts of the Hong Kong Special Administrative
Region and relevant law enforcement agencies, and they may render assistance
to each other.
Chapter VI  Supplementary Provisions

    Article 29  The power of interpretation of this Law shall be vested in the
Standing Committee of the National People’s Congress.

    Article 30  This Law shall come into effect on July 1, 1997.






CONSTITUTION ACT, 1982 – page 22

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