2003

CIRCULAR OF THE PEOPLE’S BANK OF CHINA CONCERNING PROMULGATING THE SUPPLEMENTARY PROVISIONS OF THE INTERIM PROVISIONS ON THE QUALIFICATION OF HIGH-RANKING OFFICERS IN THE FINANCIAL INSTITUTIONS WITH FOREIGN INVESTMENT

The People’s Bank of China

Circular of the People’s Bank of China Concerning Promulgating the Supplementary Provisions of the Interim Provisions on the Qualification
of High-ranking Officers in the Financial Institutions with Foreign Investment

YinWaiZi [1997] No.7

July 30, 1997

Financial institution administrations of Beijing Branch, Shanghai Branch, Tianjin Branch, Chongqing Branch, Zhejiang Branch, Heilongjiang
Branch, Sichuan Branch, Shanxi Branch, Guangdong Branch, Liaoning Branch, Anhui Branch, Fujiang Branch, Guanxi Branch, Hainan Branch,
Hubei Branch, Jiangsu Branch, Yunnan Branch, Shenzhen Branch, Ningbo Branch, Xiamen Branch, Qingdao Branch, Dalian Branch, Zhuhai
Branch, Suzhou Branch, Nantong Branch, Quanzhou Branch and branches in other provinces and cities of the People’s Bank of China:

Supplementary Provisions of the Interim Provisions on the Qualification of high-ranking officers in the Financial Institutions with
Foreign Investment are hereby dispatched to you for the earnest implementation thereof. If you meet any problems in your execution,
please report to the head office in time.

Attachment:Supplementary Provisions of the Interim Provisions on the Qualification of High-ranking Officers in the Financial Institutions with
Foreign Investment

With a view to implementing the Interim Provisions on the Qualification of High-ranking Officers in the Financial Institutions with
Foreign Investment (hereinafter referred to as the Interim Provisions), these Supplementary Provisions are formulated based on the
present situation of the high-ranking officers in the financial institutions with foreign investment in China:

1.

The representative in the representation office of financial institutions with foreign investment does not include in the high-ranking
officers whose qualifications shall be examined and approved in financial institutions with foreign investment.

2.

“Should have associate degree or above in economics, finance and other relevant major” in Article 5 , shall be amended as “shall have
associate degree or above in principle.”

3.

Besides the requirements in Article 5 and 6 of the Interim Provisions, high-ranking officers in financial institutions with foreign
investment shall meet the following requirements:

(1)

As for the chairman of the board of directors, vice chairman, general manager and president of bank of the financial institutions
with foreign investment with legal-person status, the general manager and president of bank of the branch offices affiliated to foreign
financial institution, the general representative of the representative agency of the foreign financial institution, who does not
major in economics and finance, shall have more than 5 years working experience in either finance or other relevant economic fields;
As for the accounting officer, chief actuary, chief representative in financial institutions with foreign investment, who dose not
major in economics and finance, shall have more than 5 years working experience in either finance or other relevant economic fields.

(2)

As for the chairman of the board of directors, vice chairman, general manager and president of bank of the financial institutions
with foreign investment with legal-person status, the general manager and president of bank of the branch offices affiliated to foreign
financial institution, the general representative of the representative agency of the foreign financial institution, who does not
have associate degree or above, shall have more than 5 years working experience in either finance or other relevant economic fields;
As for the accounting officer, chief actuary, chief representative in financial institutions with foreign investment, who dose not
have associate degree or above, shall have more than 5 years working experience in either finance or other relevant economic fields.

4.

Paragraph 6 of Article 6 , “The age of high-ranking officers working in financial institutions with foreign investment shall be between
33-65.” is no longer executed.



 
The People’s Bank of China
1997-07-30

 







INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON SOME QUESTIONS CONCERNING IMPLEMENTATION OF THE NATIONALITY LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Interpretation by the Standing Committee of the National People’s Congress on Some Questions Concerning Implementation of the Nationality
Law of the People’s Republic of China in the Hong Kong Special Administrative Region

     According to the provisions of Article 18 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China and of its Annex III, the Nationality Law of the People’s Republic of China shall become effective in the Hong Kong Special
Administrative Region as of July 1, 1997. In view of the historical background and the reality of Hong Kong, an interpretation regarding
implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region is made as
follows:

1. Any Hong Kong resident of Chinese descent Who Was born in the territory of China (including Hong Kong), or any other person who
meets the requirements for Chinese nationality as prescribed by the Nationality Law of the People’s Republic of China is a Chinese
national.

2. All Chinese compatriots residing in Hong Kong, whether they are holders of the British Dependent Territories Citizens’ Passport
or the British National (Overseas) Passport, are Chinese nationals. These Chinese nationals may, as of July 1, 1997, continue to
use their valid travel documents issued by the British government for the purpose of travelling to other countries or regions. However,
they shall not be enpost_titled to British consular protection in the Hong Kong Special Administrative Region or in any other part of
the People’s Republic of China on account of their holding the British travel documents mentioned above.

3. The British citizen status of any Chinese national residing in Hong Kong granted by the British government under the British Nationality
Selection Scheme shall not be recognized according to the Nationality Law of the People’s Republic of China. Such person being still
Chinese national, he or she shall not be enpost_titled to British consular protection in the Hong Kong Special Administrative Region or
in any other part of the People’s Republic of China.

4. Any Chinese national who resides in the Hong Kong Special Administrative Region and has the right of abode in a foreign country
may use the relevant document issued by the foreign government for the purpose of travelling to other countries or regions, but he
or she shall not be enpost_titled to the consular protection of the foreign country in the Hong Kong Special Administrative Region or
in any other part of the People’s Republic of China on account of his or her holding the foreign documents mentioned above.

5. Any Chinese national residing in the Hong Kong Special Administrative Region who wishes to change his or her nationality may, by
producing valid documents, apply to the competent authorities of the Hong Kong Special Administrative Region that handle nationality
applications.

6. The Government of the Hong Kong Special Administrative Region is authorized to designate its Immigration Department as the competent
authorities for handling nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall
deal with all matters relating to nationality applications in accordance with the Nationality Law of the People’s Republic of China
and the provisions mentioned above.

    

MOFTEC P.R.C.

EDITOR:Victor






CIRCULAR OF THE STATE COUNCIL CONCERNING STRICT IMPLEMENTATION OF THE STATE POLICY ON NUCLEAR EXPORT

Category  FOREIGN TRADE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-05-27 Effective Date  1997-05-27  


Circular of the State Council Concerning Strict Implementation of the State Policy on Nuclear Export



(May 27, 1997)

    Our country advocates complete prohibition and thorough destruction of
nuclear weapons and other weapons of mass destruction and pursues a policy of
“neither advocating, encouraging and engaging in proliferation of nuclear
weapons nor helping other countries develop nuclear weapons”. As one of
signatory states to the Treaty on Non-Proliferation of Nuclear Weapons, our
country has all along taken a prudent and responsible attitude in nuclear
export control.

    With a view to ensuring the application of the relevant state provisions
and current international norms and practices to the nuclear economic
relations and foreign trade in our country, all departments and units
concerned must strictly carry out our country’s policy on nuclear export in
their foreign economic and trade activities, that is, neither advocating,
encouraging and engaging in proliferation of nuclear weapons nor helping other
countries develop nuclear weapons; materials and projects for nuclear export
to be used for peaceful purposes only, to be put under the safeguards and
supervision of the International Atomic Energy Agency, and non transfer to a
third country without permission of our country; no assistance offered to
nuclear facilities without safeguards and supervision of the International
Atomic Energy Agency. The relevant particulars are hereby notified as
follows:

    1. The China National Nuclear Industrial Corporation and other companies
designated by the Government shall monopolize the export of nuclear materials,
nuclear equipment, nuclear technology and non-nuclear materials used for
reactors. No other departments or companies shall engage in the export
without approval.

    2. Nuclear materials, nuclear equipment and related technology,
non-nuclear materials used for reactors, nuclear-related, dual-purpose
equipment, materials and related technology to be exported by our country (A
detailed list shall be separately published by the Ministry of Foreign
Affairs, the Ministry of Foreign Trade and Economic Cooperation and the State
Atomic Energy Agency.) shall not be provided and used for nuclear facilities
not put under the safeguards and supervision of the International
Atomic Energy Agency. No department or company shall cooperate with
nuclear facilities not put under the safeguards and supervision of
the International Atomic Energy Agency, nor shall exchange of professional
scientific and technical personnel and technological information be conducted.

    3. Countries which don’t accede to the Treaty on Non-Proliferation of
Nuclear Weapons have some of their nuclear facilities under the safeguards and
supervision of the International Atomic Energy Agency and have others beyond
the safeguards and supervision (A list of signatory states to the Treaty on
Non-Proliferation of Nuclear Weapons shall be circulated separately). In the
case of export trade and cooperation described in the preceding Article 2
with countries not acceding to the Treaty on Non-Proliferation of Nuclear
Weapons, if nuclear facilities in those countries are involved, the State
Atomic Energy Agency (China National Nuclear Industrial Cooperation) shall be
referred to in advance for checking out whether or not the nuclear facilities
have been put under the safeguards and supervision of the International Atomic
Energy Agency, and the competent authorities of the importing country shall be
required to issue a document of certification for final use, guaranteeing that
the imported materials and items or the cooperation proposed between the two
parties shall not be transferred to nuclear facilities beyond the safeguards
and supervision of the International Atomic Energy Agency. If nuclear
facilities of the foreign party are not involved, the competent authorities of
the importing country shall be required in advance to issue a document of
certification which certifies reasonably and credibly the final use of its
imported items and guarantees that the imported materials, items or the
cooperation proposed for such imported materials and items between the two
parties shall not be transferred to nuclear facilities beyond the safeguards
and supervision of the International Atomic Energy Agency. Export or
cooperative activities can proceed only upon confirmation of the
above-mentioned documents of certification and approval by the Ministry of
Foreign Affairs, the Ministry of Foreign Trade and Economic Cooperation and
the State Atomic Energy Agency.






PREVENTION AND CONTROL OF ENVIRONMENTAL NOISE POLLUTION LAW

Law of the People’s Republic of China on Prevention and Control of Environmental Noise Pollution






(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29, 1996and
promulgated by Order No. 77 of the President of the People’s Republic of China on October 29, 1996) 

Contents 

Chapter I    General Provisions 

Chapter II   Supervision and Administration of the Prevention and Control of      

Environmental Noise Pollution 

Chapter III  Prevention and Control of Industrial Noise Pollution 

Chapter IV   Prevention Control of Construction Noise Pollution 

Chapter V    Prevention and Control of Traffic Noise Pollution 

Chapter VI   Prevention and Control of Pollution by Noise of Social Activities 

Chapter VII  Legal Liability 

Chapter VIII Supplementary Provisions 

Chapter I 

General Provisions 

Article 1 This Law is enacted for the purpose of preventing and controlling environmental noise pollution, protecting and improving
the living environment, ensuring human health and promoting economic and social development. 

Article 2 For purposes of this Law, “environmental noise” means the sound that is emitted in the course of industrial production,
construction, transportation and social activities and that impairs the living environment of the neighbourhood. 

“Environmental noise pollution”, as  used in this Law, means that the environmental noise emitted exceeds the environmental
noise emitted limits set by the State on the environmental noise emitted and impairs people’s daily life, work and study. 

Article 3 This Law shall apply to prevention and control of environmental noise pollution in the territory of the People’s Republic
of China. 

This Law shall not apply to prevention and control of noise hazards incurred in the course of production or business operation one
is engaged in. 

Article 4 The State Council and local people’s governments at various levels shall incorporate prevention and control of environmental
noise pollution into their environmental protection plans and adopt economic and technological policies and measures to protect the
acoustic environment. 

Article 5 Local people’s governments at various levels shall, when drawing up urban and rural development plans, give full consideration
to the impact of noise emitted by construction projects and regional development and renovation projects on the living environment
of the neighbourhood, make unified plans and rationally arrange the layout of the function areas and the buildings, in order to prevent
or minimize environmental noise pollution. 

Article 6 The competent administrative department for environmental protection under the State Council shall exercise unified supervision
and administration of the prevention and control of environmental noise pollution throughout the country. 

The competent administrative departments for environmental protection of the local people’s governments at or above the county level
shall exercise unified supervision and administration of the prevention and control of environmental noise pollution within their
respective administrative regions. 

The competent administrative departments for public security, communications, railways and civil aviation as well as harbour superintendency
administration at various levels shall, within their respective functions and duties, exercise supervision and administration of
the prevention and control of noise pollution by traffic and social activities. 

Article 7 All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform
against and accuse any unit or individual that pollutes the environment with noise. 

Article 8 The State encourages and supports scientific research and technological development relating to the prevention and control
of environmental noise pollution, promotes wide adoption of advanced technologies in this area and disseminates scientific knowledge
about prevention and control of such pollution. 

Article 9 The people’s governments shall give awards to units and individuals that have achieved outstanding successes in preventing
and controlling environmental noise pollution. 

Chapter II 

Supervision and Administration of the Prevention and Control of Environmental Noise Pollution 

Article 10 The competent administrative department for environmental protection under the State Council shall establish national
standards for acoustic environmental quality for different function areas. 

Local people’s governments at or above the county level shall, in accordance with the national standards for acoustic environmental
quality, divide their respective administrative regions into different zones for application of different standards for acoustic
environmental quality and exercise control accordingly. 

Article 11 The competent administrative department for environmental protection under the State Council shall, in accordance with
the national standards for acoustic environmental quality and the State’s economic and technological conditions, fix national limits
for environmental noise emission. 

Article 12 When determining the layout of buildings, urban planning departments shall, in accordance with the national standards
for acoustic environmental quality and the sound insulation design standards for civil architecture, decide on the rational distance
between the structures and the traffic trunk lines in order to keep the structures away form noise as well as the requirements on
planning and design accordingly. 

Article 13 Every project under construction, renovation or expansion must conform to the regulations of the State governing environmental
protection. 

Where a construction project might cause environmental noise pollution, the unit undertaking the project must prepare an environmental
impact statement which includes the measures it takes to prevent and control such pollution, and submit it, following the procedures
prescribed by the State, to the competent administrative department for environmental protection for approval. 

The environmental impact statement shall include the comments and suggestions of the units and residents in the place where the construction
project is located. 

Article 14 Facilities for prevention and control of environmental noise pollution must be designed, built and put into use simultaneously
with the main part of a construction project. 

Before a construction project is put into production or use, its facilities for prevention and control of environmental noise pollution
must be inspected by the competent administrative department for environmental protection that originally approved the environmental
impact statement; if such facilities fail to meet the requirements of the State, the construction project may not be put into production
or use. 

Article 15 Enterprises and institutions that produce environmental noise pollution must maintain normal operation of the facilities
for prevention and control of such pollution; whoever intends to dismantle or leave idle such facilities must report the matter in
advance to the competent administrative department for environmental protection of the local people’s government at or above the
county level for approval. 

Article 16 Units that produce environmental noise pollution shall take measures to control it and pay fees for excessive emission
of such pollution according to the regulations of the State. 

The fees collected from excessive emission of pollution must be used for prevention and control of pollution and may not be appropriated
for any other use. 

Article 17 Any enterprise or institution that produces serious environmental noise pollution in an area where noise-sensitive structures
are concentrated shall be ordered to control the pollution within a time limit. 

The unit that is ordered to control the pollution within a time limit must accomplish the task on schedule. A decision on such control
shall be made by the people’s government at or above the county level within the limits of its power granted by the State Council. 

In the case of a small enterprise or institution, the decision on controlling pollution within a time limit may be made by the competent
administrative department for environmental protection that is authorized by a people’s government at or above the county level within
the limits of its power granted by the State Council. 

Article 18 The State applies an elimination system for out-dated equipment that produces serious environmental noise pollution. 

The competent department for comprehensive economic and trade affairs under the State Council shall, together with relevant departments
of the State Council, publish catalogs of equipment that, because of the serious environmental noise pollution it produces, is forbidden
to be manufactured, sold or imported within a time limit. 

The manufacturers, sellers and importers must stop manufacturing, selling or importing the equipment included in the catalogs mentioned
in the preceding paragraph, within the time limit set by the competent department for comprehensive economic and trade affairs under
the State Council together with the relevant departments of the State Council. 

Article 19 In the case where sporadic strong noise is truly unavoidable in production conducted within an urban area, the matter
must first be applied to the local public security organ for approval. Upon giving approval, the local public security organ shall
make it known to the public. 

Article 20 The competent administrative department for environmental protection under the State Council shall establish a system
for monitoring environmental noise, establish monitoring standards, and set up a monitoring network with the relevant departments. 

The environmental noise monitoring institutions shall, as required, submit reports on the environmental noise monitoring results
to the competent administrative department for environmental protection under the State Council. 

Article 21 The competent administrative departments for environmental protection of the people’s governments at or above the county
level and other departments or institutions in charge of supervision and administration of the prevention and control of environmental
noise pollution shall, within the limits of their respective functions and duties, have the power to conduct on-the-spot inspection
of the units that emit environmental noise within the areas under their jurisdiction. The units under inspection must give a true
account of the actual situation and provide the necessary information. The departments or institutions conducting such inspection
shall keep confidential the technological and business secrets of the inspected units. 

The inspectors shall produce their credentials before conducting on-the-spot inspection. 

Chapter III 

Prevention and Control of Industrial Noise Pollution 

Article 22 For purposes of this Law, “industrial noise” means the sound that is emitted by the permanent equipment used in the course
of industrial production and that impairs the living environment of the neighbourhood. 

Article 23 The industrial noise emitted to the living environment of the neighbourhood within an urban area shall be kept within
the limits set by the State on emission of environmental noise within the boundary of an industrial enterprise. 

Article 24 Any industrial enterprise that produces environmental noise pollution due to the use of permanent equipment in the course
of industrial production must, in accordance with the regulations of the competent administrative department for environmental protection
under the State Council, report to the competent administrative department for environmental protection of the local people’s government
at or above the county level the types and quantity of its equipment that produces environmental noise pollution, the noise level
produced under normal operation and the facilities installed for prevention and control of such pollution, and provide technical
information relating to the prevention and control of noise pollution. 

Any industrial enterprise that intends to make a substantial change in the types or quantity of the equipment that produces environmental
noise pollution, in the noise level or facilities for prevention and control of such pollution must submit a report without delay
and take prevention and control measures as it should. 

Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to minimize the impact
of noise on the living environment of the neighbourhood. 

Article 26 With regard to industrial equipment that might produce environmental noise pollution, the relevant competent departments
under the State Council shall, in accordance with the requirements for protection of the acoustic environment and the State’s economic
and technological conditions, gradually include the noise level limits in the national standards and trade standards for products
established according to law. 

The level of noise emitted by the industrial equipment in operation mentioned in the preceding paragraph shall be specified in relevant
technical documents. 

Chapter IV 

Prevention and Control of Construction Noise Pollution 

Article 27 “Construction noise”, as used in this Law, means the sound that is emitted in the course of construction and that impairs
the living environment of the neighbourhood. 

Article 28 The construction noise emitted to the living environment of the neighbourhood within an urban area shall be kept within
the limits set by the State on the emission of environmental noise within the boundary of a construction site. 

Article 29 The unit in charge of a construction project which may produce environmental noise pollution due to the use of machines
and other equipment, must report, 15 days before commencement of construction, to the competent administrative department for environmental
protection of the local people’s government at or above the county level the name of the project, the construction site, the length
of time needed for completion of the project, the possible level of environmental noise and the measures taken for prevention and
control of such pollution. 

Article 30 In an urban area where noise-sensitive structures are concentrated, construction operation that produces environmental
noise pollution is forbidden at night, with the exception of rush repairs, rescue operations or continued operations required by
production techniques or by special needs. 

For continued operation due to special needs, there must be a permit issued by the people’s government at or above the county level
or by the relevant competent department under it. 

Night operation mentioned in the preceding paragraph must be made known to the residents in the neighbourhood. 

Chapter V 

Prevention and Control of Traffic Noise Pollution 

Article 31 “Traffic noise”, as used in this Law means the sound that is emitted by such means of transport as motor vehicles, locomotives,
motor vessels and aircraft in motion and that impairs the living environment of the neighbourhood. 

Article 32 It is forbidden to manufacture, sell or import automobiles that emit noise beyond the limits set on noise level. 

Article 33 Mufflers and horns of motor vehicles driven within urban areas must meet the requirements of the State. Motor vehicles
must be regularly serviced and kept in good repair in order to maintain excellent technical performance and help prevent and control
environmental noise pollution. 

Article 34 When motor vehicles are driven in urban areas, motor vessels are navigated along inland rivers in urban areas, and locomotives
are running through or entering urban areas or sanatorium areas, their sound-making apparatus must be used in compliance with regulations. 

Alarming sirens must be installed on such motor vehicles as police cars, fire engines, engineering rescue vehicles and ambulances
and used in compliance with the regulations of the public security department under the State Council. It is forbidden to use the
alarming sirens unless when urgent tasks are performed. 

Article 35 The public security organs of municipal people’s governments may, in line with the need to protect the local acoustic
environment of the urban areas, demarcate no-motor-vehicle or no-horn road sections and hours, and make them known to the public. 

Article 36 To build expressways, urban overhead road and light-tract lines that traverse areas where there are concentrated noise-sensitive
structures and that might produce environmental noise pollution, sound barriers shall be erected or other effective measures shall
be taken to control environmental noise pollution. 

Article 37 To build noise-sensitive structures on both sides of existing urban traffic trunk lines, the construction unit shall,
in accordance with the regulations of the State, keep such structures a certain distance away from the lines and take measures to
mitigate or avoid the impact of traffic noise. 

Article 38 Where loudspeakers are used to direct operations at transport terminals, railway marshal yards, ports, docks and airports,
the sound volume shall be controlled so as to minimize the noise impact on the living environment of the neighbourhood. 

Article 39 Where locomotives when traversing urban residential, cultural and education districts produce environmental noise pollution,
the local municipal people’s governments shall get the railway departments and other relevant departments together to work out plans
for mitigating such pollution. The railway departments and other relevant departments shall act in accordance with such plans and
take effective measures to mitigate environmental noise pollution. 

Article 40 With the exception of take-off, landing or other situations as provided for by law, no civil aircraft may fly over the
urban areas of cities. The municipal people’s governments shall demarcate areas in the vicinity of obstacle clearance  zones
for the take-off and landing of aircraft where construction of noise-sensitive structures is restricted. To build noise-sensitive
structures within such areas, the construction units shall take measure to mitigate or avoid the impact of the noise emitted by aircraft
in motion. The civil aviation department shall take effective measures to mitigate environmental noise pollution. 

Chapter VI 

Prevention and Control of Pollution by Noise of Social Activities 

Article 41 “Noise of social activities”, as used in this Law, means the sound that is emitted by man-conducted activities and that
impairs the living environment of the neighbourhood, other than industrial, construction and traffic noise. 

Article 42 A commercial enterprise that, in an urban area where noise-sensitive structures are concentrated, produce environmental
noise pollution as the result of its use of permanent equipment in the course of commercial activities must, in accordance with the
regulations of the competent administrative department for environmental protection under the State Council, report to the competent
administrative department for environmental protection of the local people’s government at or above the county level the condition
of the equipment that produces environmental noise pollution and provide information about the facilities for prevention and control
of such pollution. 

Article 43 Noise level at the boundary of newly-constructed profit-making cultural and entertainment centers must be kept within
the limits of environmental noise emission set by the State. No competent administrative department for culture may issue cultural
operation licence and no administrative department for industry and commerce may issue business licence to the centers that fail
to keep such emission within the limits. 

Operators and managers of cultural and entertainment centers must take effective measures to keep noise at the boundary from exceeding
the limits set by the State on emission of environmental noise. 

Article 44 In commercial activities high-pitch loudspeakers and other loud-noise instruments are forbidden to be used for attracting
customers. 

When using such equipment and facilities as air-conditioners and cooling towers in commercial activities which might produce environmental
noise pollution, the operators and managers shall take measures to keep the noise at the boundary from exceeding the limits set by
the State on emission of environmental noise. 

Article 45 All units and individuals are forbidden to use high-pitch loudspeakers in urban areas where noise-sensitive structures
are concentrated. 

Where audio apparatus that might produce such excessive sound volume as to impair the living environment of the neighbourhood are
used for entertainments arranged or gatherings held at such public places as streets, squares or parks in urban areas, the regulations
of the local public security organ must be observed. 

Article 46 Whoever uses household appliances or musical instruments or holds other indoor entertainment activities shall keep the
sound volume under control or take other effective measures to avoid producing environmental noise pollution to the neighbours. 

Article 47 Whoever makes indoor decoration and refitting in a residential building that is already completed and delivered for use
shall do so in restricted hours and take other effective measures to mitigate or avoid producing environmental noise pollution to
the neighbours. 

Chapter VII 

Legal Liability 

Article 48 Anyone who, in violation of the provisions of Article 14 of this Law, puts into production or use a construction project
before the necessary facilities for prevention and control of environmental noise pollution have been completed or meet the requirements
laid down by the State, shall be ordered to stop production or use and may also be fined by the competent administrative department
for environmental protection that originally approved the environmental impact statement regarding this construction project. 

Article 49 Anyone who, in violation of the provisions of this Law, refuses to report or makes a false report on the particulars subject
to report regarding the environmental noise emission, may be given a disciplinary warning or fined in light of the seriousness of
the violation by the competent administrative department for environmental protection of the local people’s government at or above
the county level. 

Article 50 Any enterprise or institution that, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle
the facilities for prevention and control of environmental noise pollution without approval of the competent administrative department
for environmental protection, thereby emitting environmental noise in excess of the limits prescribed, shall be ordered to set it
right and also be fined by the competent administrative department for environmental protection of the local people’s government
at or above the county level. 

Article 51 Any unit that, in violation of the provisions of Article 16 of this Law, fails to pay, as required by the State, fees
for excessive emission of noise, may be given a disciplinary warning or fined, in light of the seriousness of the violation, by the
competent administrative department for environmental protection of the local people’s government at or above the county level. 

Article 52 Any enterprise or institution that, in violation of the provisions of Article 17 of this Law, fails to put the pollution
under control at the expiration of the time limit, may be fined or ordered to suspend production or to relocate or close down in
light of the hazards so caused, in addition to paying fees for excessive emission of noise as required by the State. 

The decision on a fine mentioned in the preceding paragraph shall be made by the competent administrative department for environmental
protection. The order for suspension of production, relocation or closedown shall be issued by the people’s government at or above
the county level within the limits of its power granted by the State Council. 

Article 53 Anyone who, in violation of the provisions of Article 18 of this Law, manufactures, sells or imports equipment prohibited
to be manufactured, sold or imported, shall be ordered by the competent department for comprehensive economic and trade affairs of
the people’s government at or above the county level to set it right; if the violation is serious, the said department shall submit
a proposal to the people’s government at the corresponding level for ordering, within the limits of its power granted by the State
Council, the violator to suspend operation or close down. 

Article 54 Anyone who, in violation of the provisions of Article 19 of this Law and without approval of the local public security
organ, conducts activities that emit sporadic strong noise shall be given a disciplinary warning or fined by the said organ in light
of the seriousness of the violation. 

Article 55 Any unit emitting environmental noise that, in violation of the provisions of Article 21 of this Law, refuses to undergo
on-the-spot inspection by the competent administrative department for environmental protection or by any other department or institution
that exercises its power of supervision and control of environmental noise in accordance with the provisions of this Law, or resorts
to fraud when being inspected, may be given a disciplinary warning or be fined in light of the seriousness of the violation by the
said competent administrative department or the said department or institution. 

Article 56 Any construction unit that, in violation of the provisions of Paragraph 1 of Article 30 of this Law, conducts at night,
in an urban area where noise-sensitive structures are concentrated, construction operation that produces environmental noise pollution
and that is therefore prohibited, shall be ordered to set it right and may also be fined by the competent administrative department
for environmental protection of the people’s government at or above the county level in the place where the construction project
is located. 

Article 57 Anyone who uses the sound apparatus on the motor vehicle in violation of the provisions of Article 34 of this Law shall
be given a disciplinary warning or be fined by the local public security organ in light of the seriousness of the violation. 

If a motor vessel is involved in the commission of the unlawful act mentioned in the preceding paragraph, a disciplinary warning
or fine shall be imposed by the harbour superintendency administration in light of the seriousness of the act. 

If a railway locomotive is involved in the commission of  the unlawful act mentioned in the first paragraph, the competent railway
department shall impose administrative penalty on the person who is responsible for the act. 

Article 58 Anyone who, in violation of the provisions of this Law, commits any of the following acts, shall be given a disciplinary
warning and may also be fined by the public security organ: 

(1) Using a high-pitch loudspeaker in an urban area where noise-sensitive structures are concentrated; 

(2) Using, in violation of the regulations of the local public security organ, audio apparatus which produce such excessive sound
volume as to impair the living environment of the neighbourhood when offering entertainment or holding gatherings in such public
places as streets, squares or parks in urban areas; or 

(3) Emitting from indoors environmental noise that seriously impairs life of the neighbours, without taking measures in accordance
with the provisions of Article 46 or Article 47 of this Law. 

Article 59 Any operators or managers who, in violation of the provisions of Paragraph 2 of Article 43 or Paragraph 2 of Article 44
of this Law, cause environmental noise pollution, shall be ordered to set it right and may also be fined by the competent administrative
department for environmental protection of the local people’s government at or above the county level. 

Article 60 Any operators or managers who, in violation of the provisions of Paragraph 1 of Article 44 of this Law, cause environmental
noise pollution shall be ordered to set it right and may also be fined by the public security organ. 

Where the people’s governments at or above the provincial level have decided according to law that the competent administrative departments
for environmental protection of the local people’s governments at or above the county level exercise the power of administrative
penalty mentioned in the preceding paragraph, such decision shall be abided by. 

Article 61 Any unit or individual suffering from the hazards of environmental noise pollution shall have the right to demand the
polluter to eliminate the hazards; if a loss has been caused, it shall be compensated according to law. 

Any dispute over the liability for losses or over the amount of compensation may, at the request of the parties concerned, be mediated
by the competent administrative department for environmental protection or any other supervisory and administrative department or
institution in charge of prevention and control of environmental noise pollution; if such mediation fails, the parties may bring
a lawsuit in a People’s Court. They may also directly bring a lawsuit In a People’s Court. 

Article 62 If any person who is in charge of supervision or administration of prevention and control of noise pollution abuses his
power, neglects his duty or conducts malpractice for personal gain, the unit to which he belongs or the competent authority at the
higher level shall give him administrative penalty. If a crime is constituted, criminal liability shall be investigated according
to law. 

 

Chapter VIII 

Supplementary Provisions 

Article 63 For purposes of this Law, the meanings of the following terms are: 

(1) “Noise emission” means emission of noise from the source to the living environment of the neighbourhood. 

(2) “Noise-sensitive structures” mean structures that require a quiet environment such as hospitals, schools, government offices,
research institutions and residential buildings.

INTERIM PROVISIONS FOR EXEMPTION FROM THE IMPORT DUTIES ON THE ARTICLES FOR SCIENTIFIC RESEARCH AND TEACHING

Interim Provisions for Exemption from the Import Duties on the Articles for Scientific Research and Teaching

Decree [1997] No.61 of the General Administration of Customs
April 10, 1997

(Approved by the Guohan [1997] No.3 of the State Council on January 22, 1997 Promulgated to outside by Decree[1997] No.61 of the General
Administration of Customs and to inside by ShuShui [1997] No.227 on April 10, 1997)

Article 1

These Provisions are formulated with a view to promoting the development of scientific research and education, facilitating the import
of articles for scientific research and teaching.

Article 2

Where scientific research institutes and schools, without the object of profit-making and within reasonable quantities, import articles
for scientific research and teaching which can not be made in China, and use these articles directly for scientific research or teaching,
exemption of Customs import duties and value-adding taxes or consumption taxes shall be granted.

Article 3

The term “scientific research institutes and school” referred to in These Provisions denotes:

(1)

institutes engaged specially in scientific research and development under the ministries, commissions and directly subordinate institutions
under the State Council, and those under the provinces, autonomous regions, municipalities directly under the Central Government
and municipalities separately listed on the State plan;

(2)

full-time institutions of high learning above junior colleges whose academic certificates are recognized by the State Education Commission;

(3)

other instates engaged in scientific research and development and schools.

Article 4

The term “articles for scientific research and teaching” referred to inArticle 2 of These Provisions denotes:

(1)

analysing, surveying, examining, measuring, observing and signaling instruments, meters and their accessories for the purpose of scientific
research, scientific experiment, and teaching;

(2)

laboratory equipments providing necessary conditions for scientific research and teaching(not including mid-size testing equipments);

(3)

computer work stations, mini-size, mid-size, large-size computers, and editable programme monitors;

(4)

special parts and fittings imported respectively within the Customs control period, and used for maintaining the instruments, meters
and equipments which have been imported with duties exemption or, for improving and extending functions of the instruments, meters
and equipments, and which amount of money is no more than that of the complete machines;

(5)

various carrier forms of books, newspapers and periodicals, lecture notes and computer soft-wares;

(6)

specimens and samples;

(7)

teaching slide show;

(8)

materials used for chemical, biochemical and medical experiments;

(9)

animals used for experiments;

(10)

medical instruments and relevant accessories for scientific research, scientific experiment and teaching (only for medical colleges
or majors and scientific institutes engaged in medical research);

(11)

fine varieties of plants and seeds (only for agricultural or forestral colleges or majors and scientific institutes engaged in agriculture
and forestry);

(12)

musical instruments of specialized profession level and audio-video materials(only for art colleges or majors and scientific institutes
engaged in art);

(13)

sports appliances for specific purpose (only for sports colleges or majors and scientific institutes engaged in sports);

(14)

learner-driven areoplanes (only for flight colleges);

(15)

key equipments of the boats and ships used for the teaching experiment (only for shipping colleges);

(16)

sample cars which are not driven by petrol power or diesel-oil power and are used for scientific research (only for car majors of
colleges).

Article 5

The following scientific research institutes shall enjoy the exemption from Customs import duties from 1996 to 2000:

(1)

technical centers of the enterprises (group) ratified by the State Economic and Commerce Commission jointly with the Ministry of Finance,
the State Administration of Taxation and the General Administration of Customs;

(2)

state project research centers and state key laboratory ratified by the State Planning Commission jointly with the Ministry of Finance,
the State Administration of Taxation and the General Administration of Customs;

(3)

state project technology research centers ratified by the State Science and Technology Commission jointly with the Ministry of Finance,
the State General Tax Administration and the General Administration of Customs.

Article 6

The articles imported for scientific research and teaching with duties exemption according to These Provisions, shall not be used
for other purposes. Where anyone, in violation of the provisions of the proceeding paragraph, use the import articles that are exempted
from duties are used for other purposes, and such an act constitutes a smuggling crime, he shall be investigated for criminal responsibilities;
Where such an act does not constitute a crime, the case shall be treated as a smuggling act or an act violating Regulations on Customs
control.

Article 7

Where there is a need to determine whether import articles correspond to the range stipulated in These Provisions or not, the General
Administration of Customs shall conduct an examination and a ratification jointly with relevant departments under the State Council.

Article 8

Provisions for implementation shall be promulgated by the General Administration of Customs in accordance with these Provisions.

Article 9

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

 
The General Administration of Customs
1997-04-10

 




PROCEDURES OF SHANGHAI MUNICIPALITY ON DEMOLITION, RELOCATION, RESETTLEMENT AND COMPENSATION FOR HOUSES USED FOR BUSINESS BY SELF- EMPLOYED WORKERS

Procedures of Shanghai Municipality on Demolition, Relocation, Resettlement and Compensation for Houses Used for Business by Self-
Employed Workers

     (Effective Date:1997.06.01–Ineffective Date:)

   Article 1 (Purpose and Basis)

The present Procedures are formulated in accordance with the “Regulations on the Administration of Urban Houses’ Demolition and Relocation”
and in the light of the actual conditions in Shanghai, for the purposes of strengthening the administration of demolition, relocation
and resettlement of the house used by self-employed workers in this city, of protecting the legitimate rights and interests of the
person concerned, of guaranteeing the smooth process of urban construction.

   Article 2 (Scope of Application)

The present Procedures apply to the self-employed workers’ own house or the rented publicly-owned houses used as fixed business place
(hereinafter referred to as “Business House” built on the State-owned land in the city which needs to be demolished because of city
construction.

The present Procedures do not apply to the privately-owned houses rented by a self-employed worker as fixed business place, which
needs to be demolished.

   Article 3 (Resettlement for Demolished Business House)

Any party that demolishes a business house on the ground floor along a street used by self-employed worker for business shall arrange
resettlement with any other ground floor house suitable for busies along of not along a street according to the nature of the business
items of the business and the architectural area of the demolished business house.

Any party that demolishes a business house on the ground floor not along a street used by a self-employed worker for business shall
arrange resettlement with any other ground floor house suitable for business not along a street according to the architectural area
of the demolished business house.

If the Party is not able to provide such house for resettlement as stipulated under Section 1 or 2 of this Article, it can resettle
the self-employed worker’s business whose house is to be demolished, in one of the following ways:

1. It may apply to the People’s Government of the district or the county in which the demolished house is located for making unified
arrangement for the business place for the self-employed worker’s business and resettlement with other residential house according
to the architetual area of its demolished business house; or

2. It may pay a monetary subsidy in one lump sum to the self-employed worker’s business whose house has been demolished; and resettle
with other residential house according to the architectural area of its demolished business house.

   Article 4 (Resettlement for Demolished Housed for both Business and Residence)

Any party that demolishes the house used by the self-employed worker for both business and residence shall arrange resettlement according
to the architectural area of the demolished house; and it can arrange resettlement with house used for residence and business separately
or together according to the housing specifications for resettlement.

   Article 5 (Standard of Resettlement in a Different Area)

Any party that arranges resettlement in a different area for a self- employed worker whose house is demolished shall increase the
architectural area of the house for resettlement at the percentages listed in the following table:

———————————————————————— | Grade of locality of| Grade of locality of the house for
resettlement| | |————————————————| |the house demolished | I | II | III | IV | V | VI | |———————|————————————————|
| I | – | – | – | 20% | 40% | 80% | |———————|————————————————| | II | – | – | – | 20%
| 40% | 80% | |———————|————————————————| | III | – | – | – | 20% | 40% | 80% | |———————|————————————————|
| IV | – | – | – | – | 20% | 40% | |———————|————————————————| | V | – | – | – | – |
– | 20% | ———————————————————————–

The grades of the locality of the house listed in the above table shall be delimited separately by Shanghai Municipal Housing and
Land Administration Bureau.

If the self-employed worker’s business whose busince in Grade 6 locality is to be demolished moves from a better location to a worse
location, the specific standard for an increase in the area of the house for resettlement shall be set by the People’s Government
of the district or county in which the demolished house is located.

If the self-employed worker’s business that is resettled in a different area is to retain the property right of the house for resettlement,
the price of the architectural area of this house increased under Section 1 of this Article shall be charged on the basis of the
cost price of a new house.

   Article 6 (Arrangement of Business Premise)

A party that arranges resettlement for a self-employed worker’s business whose house is to be demolished under Article 3, Section
3 (1) shall sign an agreement with the department designated by the local government of the district or the county in which the demolished
house is located and pay to the department designated by this people’s government of the district or the county the fee for the arrangement
of business places according to the standard of from 30,000 to 50,000 yuan perhousehold. The specific amount of the for the arrangement
of the business places is to be decided by the people’s government of the district or the county in which the demolished house is
located, according to the architectural area, structure and section of location area of the business place.

The fee for arranging the business place paid by any party that demolishes the houses shall be used as the special fund for construction
of the business places for the self-employed workers whose original houses have been demolished.

The department designated by the district or county people’s government shall timely and approperly arrange the business places for
the self- employed workers’ businesses whose houses are demolished, and shall give them preferential treatment of exemption from
payment of one year. The area of the business place arranged by the designated department of the district of the county people’s
government for each self- employed worker’s business shall be no less than 4 square meters.

   Article 7 (Lump-sum Monetary Subsidy)

And party that arranges resettlement for the self-employed worker’s business whose house is demolished under Article 3, Section 3
(1) shall give a lump-sum monetary subsidy according to the following standard:

1. For the self-employed worker’s business with over 3 years’ business operation, the calculation shall be made by multiplying 2 and
the sum total of the production and business operation tax actually paid by the self-employed worker’s business for the previous
3 years; or

2. For the self-employed worker’s business with less than 3 years’ business operation, the calculation shall be made by multiplying
2 and the sum to total of the production and business operation tax actually paid by the self-employed worker’s business.

The sum total of the actually paid production and business operation tax mentioned in the preceding Section shall not include the
tax which the self-employed worker’s business whose house is demolishes retrospectively paid after the public notice is given for
suspending issuance of business license. Where the self-employed worker’s business who enjoys the preferential treatment of tax reduction
by related or exemption under relevant regulations, the am total of his actually paid production and business operation tax shall
be calculated according to the production and business operation tax which it should pay.

If the amount of lump-sum monetary, subsidy, calculated according to Sections 1 and 2 of this Article is less than 5,000 yuan, 5,000
yuan shall be given as the monetary subsidy.

   Article 8 (Compensation for Interrupted Business)

Excerpt for the situations stipulated by Article 3, Section 3(2) of the present Procedures, any party that demolishes a self-employed
worker’s business house shall pay it a certain amount of monetary subsidy if the self-employed worker’s business operation is interrupted
during resettlement. The compensation standards shall be calculated by multiplying the average daily salary and wage of the city’s
staff and workers for the last year and the actual number of days of interruption of business.

   Article 9 (Compensation for the Newly Decorated House)

If any party that demolishes the newly decorated business house of a self-employed worker’s business, it shall compensate 70% of the
decorating fees for the house used for not more than one year after decoration; 50% of the decorating fees for the house used from
not to two years; 30% of the decorating fees for the house used from two to the three years; and it needn’t make any compensation
for the house used over three years.

The decorating fees shall be determined on the basis of the voucher for reimbursement of expenditure produced by the self-employed
worker’s business. If the person concerned disagrees to the amount decorating fees, the decorating fees shall be determined according
to the budgeted quota standard of this city’s house decorating project.

   Article 10 (The Department Responsible for Interpretation in Application)

The Shanghai Municipal Housing and Land Administration Bureau is responsible for the interpretation of the present Procedures in their
specific application.

   Article 11 (Date of Implementation and Treatment of Relevant Matters)

The present Procedures shall become effective on June 1st, 1997. Matters not specifically stipulated in the present Procedures shall
be handled according to the “Implementation Rules of Shanghai Municipality on the Administration of Urban House Demolition and Relocation”.
If the original provisions formulated by the Municipal People’s Government are inconsistent with present Procedures.

    






BLOOD DONATION LAW

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1997-12-29 Effective Date  1998-10-01  


Blood Donation Law of the People’s Republic of China



(Adopted at the 29th Meeting of the Standing Committee of the Eighth

National People’s Congress on December 29, 1997 and promulgated by Order
No. 93 of the President of the People’s Republic of China)

    Article 1  This Law is enacted with a view to ensuring the requirements
and safety of blood for medical and clinical use, safeguarding the physical
health of blood donors and blood users, promoting the humanitarian spirit
and the building of socialist material civilization and spiritual
civilization.

    Article 2  The State practises the system of blood donation without
compensation.

    The State encourages voluntary blood donation by healthy citizens
between ages 18 and 55.

    Article 3  Local people’s governments at all levels provide leadership
for the blood donation work within their respective administrative areas,
work out uniform planning and shall be responsible for the organization
and coordination among the departments concerned in their joint efforts
for the blood donation work.

    Article 4  Departments of public health under local people’s governments
at or above the county level shall supervise over and administer the blood
donation work.

    Red Cross Societies at all levels shall participate in and promote the
blood donation work in accordance with law.

    Article 5  People’s governments at all levels shall take measures for
the extensive publicity of the significance of blood donation and
popularization of the scientific knowledge of blood donation and conduct
education in the prevention and control or diseases spread via blood.

   News media shall conduct nonprofit publicity about blood donation in
society.

    Article 6  State organs, armed forces, social groups, enterprises,
institutions, neighborhood committees and villagers’ committees shall
motivate and organize citizens of their respective units or neighborhoods
to take part in blood donation.

    Measures for the motivation and organization for blood donation by
active-duty service personnel shall be worked out by the competent department
of health of the Chinese People’s Liberation Army.

    A certificate of blood donation without compensation produced by the
department of public health under the State Council shall be issued to blood
donors, and the units concerned may give appropriate allowances.

    Article 7  The State encourages state functionaries, active-duty service
personnel and students in institutions of higher learning to take the lead
in blood donation to set a role model in new social tendency.

    Article 8  Blood stations are institutions that collect and provide
blood for clinical use and are nonprofit organizations not for the purpose of making profits. Establishment of blood stations for
the collection of blood
from citizens shall be subject to the approval of the department of public
health under the State Council or the departments of public health under the
people’s governments of provinces, autonomous regions and municipalicities
directly under the Central Government. Blood stations should provide safe,
hygienic and convenient conditions for the blood donors. Qualifications for
the establishment of and measures for the management of blood stations shall
be worked out by the department of public health under the State Council.

    Article 9  Blood stations must conduct necessary physical checkup of blood donors free of charge. Blood stations shall explain the
situation
to those citizens whose health conditions do not conform to the
qualifications for blood donation and must not collect blood from them.
Physical health qualifications of blood donors shall be laid down by the
department of public health under the State Council.

    The amount of blood collected by a blood station from a blood donor
at a time shall generally be 200 milliliters and must not exceed 400
milliliters at most, and the duration between two collections shall not
be less than six months.

    Article 10  Blood stations must strictly abide by relevant operational
procedures and rules in blood collection, blood collection must be conducted
by medical staff with qualifications for blood collection and disposable
blood collection apparatuses must be destroyed after use to ensure the
physical health of blood donors.

    Blood stations shall, in accordance with the standards formulated by
the department of public health under the State Council, quarantee the
quality of blood.

    Blood stations must conduct inspection and testing over the blood
collected; blood without undergoing inspection and testing or failing
to pass inspection and testing must not be provided to medical institutions.

    Article 11  Blood donated without compensation must be used for
clinical purposes and must not be bought or sold. Blood stations and medical
institutions must not sell the blood donated without compensation to
stations of sole collection of plasma or production units of blood products.

    Article 12  Packaging, storage and transportation of blood for clinical
use must conform to the hygienic standards and requirements prescribed by
the state.

    Article 13  Medical institutions must conduct verification over blood
for clinical use and must not use blood not in conformity with standards
prescribed by the state for clinical purposes.

    Article 14  A citizen shall only pay the expenses incurred in the
collection, storage, separation and inspection of blood for the blood
in clinical use; specific rates shall be set by the department of public
health under the State Council in conjunction with the department of price under the State Council.

    In the event of clinical necessity of blood use by a blood donor without
compensation, he or she shall be exempted from the expenses prescribed in
the preceding paragraph; when the spouse and lineal relative of a blood
donor without compensation requires blood in clinical use, exemption from or
reduction of the expenses prescribed in the preceding paragraph may be
effected in accordance with the provisions of the people’s governments of
provinces, autonomous regions and municipalities directly under the Central
Government.

    Article 15  To ensure the requirements for clinical emergency blood use by
citizens, the State encourages and guides patients to be operated upon at
a selected date in self blood storage and motivates his or her family,
relatives and friends and the unit wherein he or she is employed as well
as society for blood donation in mutual assistance.

    To guarantee emergency blood use, medical institutions may collect
blood on a provisional basis; however, safety in blood collection and
blood use shall be ensured in pursuance of the provisions of this Law.

    Article 16  Medical institutions shall work out blood use plans for
clinical use following the rational and scientific principle and shall
not waste and abuse blood.

    Medical institutions shall actively carry out blood transfusion
in accordance with blood components in light of actual medical requirements.
Specific control measures shall be worked out by the department of public
health under the State Council.

    The State encourages research and extension of new technologies in
clinical blood use.

    Article 17  People’s governments and Red Cross Societies at all levels
shall give rewards to units and individuals that take an active part in
blood donation and make outstanding achievements in blood donation work.

    Article 18  Whoever commits any of the following acts shall be banned
by the department of public health under the people’s government at or above
the county level, the illegal gains shall be confisticated and may be  
concurrently imposed a fine of less than RMB 100,000 Yuan; where a crime
has been constituted, criminal liability shall be investigated according to
law:

    (1)illegal collection of blood;

    (2)sale of blood donated without compensation by blood stations and
medical institutions; and

    (3)illegal organization of other persons in selling blood.

    Article 19  A blood station that collects blood in contravention of the relevant operational procedures and rules shall be ordered
by the
department of public health under local people’s government at or above
the county level to make a rectification; where harm has been caused to
the health of blood donors, compensation shall be paid according to law,
the person-in-charge held directly responsible and other personnel directly
responsible shall be imposed administrative sanctions; where a crime has
been constituted, criminal liability shall be investigated according to law.

    Article 20  Anyone whose packaging, storage and transportation of blood
for clinical use fail to meet hygienic standards and requirements prescribed
by the state shall be ordered by the department of public health under the
local people’s government at or above the county level to make a
rectification, administered a warning and may concurrently be imposed a fine
of less than RMB 10,000 Yuan.

    Article 21  A blood station that supplies blood which fails to meet
standards prescribed by the state to medical institutions in violation of the provisions of this Law shall be ordered by the department
of public
health under the people’s government at or above the county level to make
a rectification; where the circumstances are serious resulting in the
spread of diseases via blood or having serious danger of spreading,
consolidation shall be carried out within a specified time period, the
person-in-charge held directly responsible and other personnel directly
responsible shall be imposed administrative sanctions; where a crime has
been constituted, criminal liability shall be investigated according to law.

    Article 22   Any medical practitioner of a medical institution who,
in violation of the provisions of this Law, uses the blood which fails to
meet the standards prescribed by the state on patients shall be ordered by
the department of public health under local people’s government at or above
the county level to make a rectification; where harm has been caused to the
health of patients, compensation shall be paid according to law, the person-
in-charge held directly responsible and other personnel directly responsible
shall be imposed administrative sanctions; where a crime has been constituted,
criminal liability shall be investigated according to law.

    Article 23  Any public health department and its staff that neglect
their duties in the supervision and administration of blood donation and
blood use causing serious consequences and constituing a crime shall be
investigated of the criminal liability according to law; where a crime
has not been constituted, administratvie sanctions shall be imposed
according to law.

    Article 24  This Law shall enter into force as of October 1, 1998.






CIRCULAR OF GENERAL OFFICE OF THE STATE COUNCIL ON ISSUES CONCERNING THE INVESTMENT OF CHINESE CITIZENS OF HONG KONG SPECIAL ADMINISTRATIVE REGION IN THE MAINLAND OF CHINA

General Office of the State Council

Circular of General Office of the State Council on Issues Concerning the Investment of Chinese Citizens of Hong Kong Special Administrative
Region in the Mainland of China

GuoBanHan [1997] No. 66

December 22, 1997

The people’s governments of all provinces, autonomous regions, and municipalities directly under the Central Government:

Shortly before and after the Government of the People’s Republic of China resumed the exercise of sovereignty over Hong Kong, a few
regions, in order to attract the investment of medium and small investors from Hong Kong, successively worked out and publicized
some policies, which stipulated that the residents of Hong Kong may apply for the establishment of small-scaled private business
or private enterprises on the volunteering basis and receive same treatment with respect to industry engaged and operational method
as inland residents. The above provisions are in violation of the relevant laws, regulations and policies of China on foreign investment
utilization. Moreover, they are inconsistent with the spirit of the Circular of the Central Committee of the Communist Party of China
(CCCPC) and the State Council on Several Issues Concerning How to Properly Handle the Relationship between the Mainland of China
and Hong Kong(ZhongFa [1996] No. 8) and the Circular of the General Office of the CCCPC and the General Office of the State Council
on Publicizing the ” Notice on Issues Concerning Hong Kong’ Return to China”(ZhongBanFa [1997] No. 8). Upon approval of the State
Council, the Circular on the issues concerned is hereby publicized as follows:

1.

The existing laws, regulations and corresponding procedural stipulations on foreign investment apply to the companies, enterprises
and other economic organizations or individuals of Hong Kong Special Administrative Region in investing in the Chinese mainland.
The regulations of different localities for the purpose of attracting investment from medium and small investors of Hong Kong that
are already publicized or in the pipeline shall be immediately stopped from formulating or implementing if they are not consistent
with the existing laws, regulations and corresponding procedural stipulations.

2.

All regions shall solicit the opinions of the competent authority of the State Council before formulating any local laws and regulations
relating to Hong Kong Special Administrative Region. Major issues shall be reported to and approved by the CCCPC and the State Council.



 
General Office of the State Council
1997-12-22

 







CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION AT AN EARLY DATE OF THE PROVISIONS OF RELEVANT CLAUSESOF THE CRIMINAL PROCEDURE LAW

Category  LITIGATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-10-23 Effective Date  1997-10-23  


Circular of the General Office of the State Council Concerning the Implementation at an Early Date of the Provisions of Relevant
Clausesof the Criminal Procedure Law



(October 23, 1997)

    The amended Criminal Procedure Law of the People’s Republic of China
(hereinafer referred to as the Criminal Procedure Law) has entered into
force as of January 1, 1997. Hospitals that conduct medical expertise
should be designated by people’s governments at the provincial level in
pursuance of the provisions of the Second Paragraph of Article 120 that “Re-
evaluation necessitated by dispute over medical expertise pertaining to
physical injury or medical expertise on mental illness shall be conducted
by the hospital designated by the provincial-level people’s government.”
and the Third Paragraph of Article 214 of the Criminal Procedure Law that
“Where a criminal assuredly has serious illness and must be released on bail
for medical treatment, a documentary evidence shall be issued by a hospital
designated by a provincial-level people’s governemnt, and such release shall
be submitted for examination and approval in pursuance of the procedures
stipulated by law.”  To guarantee the effective implementation of the
aforesaid provisions of the Criminal Procedure Law and protect the lawful
rights and interests of citizens, it is hereby notified as follows upon
the approval of a leading comrade of the State Council:

    I.People’s governments at the provincial level should designate
hospitals for medical expertise at an early date in pursuance of the
provisions of the Second Paragraph of Article 120 and the Third Paragraph
of Article 214 of the Criminal Procedure Law.

    II.Consideration should be given to the requirements for handling
cases in the designation of hospitals and the designated hospitals must be
well-qualified for the work of expertise.

    III.Attention should be paid to the balance among prefectures in the
designation of hospitals to facilitate the handling of cases. In general,
one hospital should at least be designated in a prefecture to undertake
the work of medical expertise.

    IV.People’s governments at the provincial level may complete the
designation in batches in the light of the existing conditions of their
respective areas, and may make necessary adjustments in accordance with
requirements in the process of implementation.

    V.People’s governments at the provincial level should notify the people’s
courts, the procuratorates and the department of public health administration
under the State Council of the designated hospitals in official documentation.






REGULATIONS ON FUNERAL AND INTERMENT CONTROL

Category  CIVIL ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-07-21 Effective Date  1997-07-21  


Regulations on Funeral and Interment Control

Chapter I  General Provisions
Chapter II  Management of Funeral and Interment Facilities
Chapter III  Handling of Mortal Remains and Control of Funeral Activities
Chapter IV  Management of Funeral and Interment Equipment and Funeral
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provision

(Promulgated by Decree No. 225 of the State Council of the People’s

Republic of China on July 21, 1997)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to enhancing
funeral and interment control, pushing funeral and interment reform and
promoting the building of socialist spiritual civilization.

    Article 2  The policy of funeral and interment control is to practise
cremation and reform burial in the ground actively and in steps, economize
land for interment, eliminate undesirable customs in funeral and interment
and encourage the conduct of funeral services in a civilized way and frugally.

    Article 3  The department of civil affairs under the State Council
shall be responsible for funeral and interment control throughout the
country. The departments of civil affairs of local People’s Governments
at or above the county level shall be responsible for funeral and interment
control in their respective administrative areas.

    Article 4  Cremation should be practised in areas where there are
dense population, less cultivated land and that are easily accessible;
burials in the ground shall be permitted in areas where there are no
requisite conditions for cremation for the time being.

   The areas to practise cremation and the areas wherein burials in the
ground are permitted shall be delimited by the People’s Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government and the delimitations shall be submitted by the departments of civil affairs of the People’s Governments at the same level
to the department
of civil affairs under the State Council for the record.

    Article 5  In areas where cremation is practised, the State encourages
the disposal of ashes of the dead by depositing the ashes of the dead or in
other ways which do not occupy land or occupy less land. People’s Governments
at the county level and People’s Governments of municipalities with
subordinate districts and autonomous prefectures should work out concrete
plans for cremation, and integrate the new construction and reconstruction
of funeral homes, crematoria and cinerary halls into urban construction plans
and capital construction plans.

    In areas where burials in the ground are permitted, People’s Governments
at the county level and People’s Governments of municipalities with
subordinate districts and autonomous prefectures should integrate the
construction of cemeteries into urban and township construction plans.

    Article 6  Funeral and interment customs of minority nationalities
shall be respected; others must not interfere with those who voluntarily
reform the funeral and interment customs.
Chapter II  Management of Funeral and Interment Facilities

    Article 7  Department of civil affairs of the People’s Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government should set forth the numbers and distribution plans of such
funeral and interment facilities as funeral homes, crematoria, cinerary
halls, cemeteries and funeral service stations on the basis of the funeral
and interment work plans and funeral and interment requirements of their
respective administrative areas and submit the same to the People’s
Governments at the same level for examination and approval.

    Article 8  Schemes for the construction of funeral homes and crematoria
shall be put forth by the departments of civil affairs of People’s Governments
at the county level and People’s Governments of municipalities with
subordinate districts and autonomous prefectures and submitted to the
People’s Governments at the same level for examination and approval;
construction of funeral service stations and cinerary halls shall be
subject to examination and approval by the departments of civil affairs
of People’s Governments at the county level and People’s Governments of municipalities with subordinate districts and autonomous
prefectures;
construction of cemeteries shall be subject to examination and approval
by the departments of civil affairs of People’s Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
for examination and approval upon examination, verification and consent of the departments of civil affairs of People’s Governments
at the county level
and People’s Governments of municipalities with subordinate districts and
autonomous prefectures.

    Construction of funeral and interment facilities with foreign investment
shall be submitted to the department of civil affairs under the State Council
for examination and approval upon examination, verification and consent of the departments of civil affairs of People’s Governments
of the provinces,
autonomous regions and municipalities directly under the Central Government.

    Setting up non-profit graveyards for villagers in the rural areas shall be
submitted to the departments of civil affairs of People’s Governments at the
county level for examination and approval upon examination, verification and
consent of People’s Governments at the village level.

    Article 9  No unit or individual shall construct funeral and interment
facilities on their own without approval.

    Non-profit graveyards in the rural areas must not provide land for
coffin pits to persons other than the villagers.

    Establishment or restoration of clan graveyards shall be prohibited.

    Article 10  Construction of tombs in the following areas shall be
prohibited:

    (1)cultivated land and forest land;

    (2)urban parks, scenic spots and protected areas of cultural relics;

    (3)places around reservoirs, river dykes and dams and
protected areas of water sources; and

    (4)either side of trunk lines of railways and highways.

    Existing graves in the prescribed areas in the preceding paragraph,
except for those with historical, artistic and scientific values which
shall be retained under state protection, should be shifted or buried deep
within the specified time period without grave mound.

    Article 11  Area for coffin pits in cemeteries and the duration of years
for use shall be strictly restricted. Area for coffin pits for burial of the
mortal remains or burial of ashes of the dead and duration of years for use
in places where burials in the ground or burials of ashes of the dead are
permitted according to plan shall be determined by the People’s Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government in accordance with the principle of economy of land and
no occupation of cultivated land.

    Article 12  Funeral and interment units should strengthen the management
of the funeral and interment service facilities, renew and transform the
outmoded cremation equipment to prevent environmental pollution.

    Funeral and interment service personnel should abide by the operational
procedures and professional ethics and provide standardized and civilized
services, and must not seek monetary and material benefits by availing
themselves of the job.
Chapter III  Handling of Mortal Remains and Control of Funeral Activities

    Article 13  The following provisions must be observed in the handling of mortal remains:

    (1)necessary technical treatment must be carried out in the transportation
of mortal remains to ensure hygiene and prevent pollution of environment; and

    (2)cremation of mortal remains must be carried out on the presentation of death certificates issued by public
security organs or medical institutions
designated by the department of public health administration under the State
Council.

    Article 14  Conducting of funeral activities must not disrupt public
order, endanger public security and infringe upon the legitimate rights and
interests of other people.

    Article 15  In areas where burials in the ground are permitted, burials
of mortal remains and construction of tombs in any places other than
cemeteries and non-profit graveyards in rural areas shall be prohibited.
Chapter IV  Management of Funeral and Interment Equipment and Funeral
and Interment Articles

    Article 16  Funeral and interment equipment such as incinerators,
hearses and refrigeration chambers for mortal remains must comply with the
technical standards prescribed by the State. Manufacture and sale of funeral
and interment equipment not meeting state technical standards shall be
prohibited.

    Article 17  Manufacture and sale of feudalistic and superstitious
funeral and interment articles shall be prohibited. Sale of such articles
for burials in the ground as coffins in areas where cremation is practised
shall be prohibited.
Chapter V  Penalty Provisions

    Article 18  Whoever constructs funeral and interment facilities on his/her
own without approval, the department of civil affairs shall, in conjunction
with the departments of construction administration and land administration
ban the same, direct him/her to restore the location to original condition,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.

    Article 19  For area for coffin pits exceeding the standards prescribed
by People’s Governments of the provinces, autonomous regions and
municipalities directly under the Central Government, the department of civil
affairs shall direct that they be corrected within the specified time period,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.

    Article 20  For burial in the ground of mortal remians that should be
cremated, or burial of mortal remains and construction of tombs in places
other than cemeteries and non-profit graveyards in rural areas, directives
shall be issued by the department of civil affairs for corrections within
the specified time period; compulsory execution shall be enforced for
refusal to make corrections.

    Article 21  For disrupting public order, endangering public security and
infringing upon the legitimate rights and interests of other people in the
conducting of funeral activities, the department of civil affairs shall
stop them; for acts constituting violation of public security, the public
security organ shall impose penalty for violation of public security
regulations according to law; those offences constituting a crime shall be
investigated of criminal responsibilities according to law.

    Article 22  Whoever manufactures and sells funeral and interment equipment
not meeting state technical standards, the department of civil affairs shall,
in conjunction with the department of industry and commerce administration,
direct him/her to stop the manufacture and sale and may impose a fine more
than 100% and less than 300% of the amount in manufacture and sale.

    Manufacture and sale of feudalistic and superstitious funeral and
interment articles shall be confisticated by the department of civil affairs
in conjunction with the department of industry and commerce administration,
and a fine more than 100% and less than 300% of the amount in manufacture
and sale may be imposed.

    Article 23  For those funeral and interment service personnel who avail
themselves of the opportunity to seek monetary and material benefits, the
department of civil affairs shall direct them to return what they have
unlawfully taken; those offences constituting a crime shall be investigated
of criminal responsibilities according to law.
Chapter VI  Supplementary Provision

    Article 24  These Regulations come into force as of the date of promulgation. The and Interment Control> promulgated by the State Council on February 8, 1985
is simultaneously annulled.






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...