2003

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

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-04-10 Effective Date  1997-04-10  


Interim Measures for Exemption From the Import Duties on the Articles for Scientific Research and Teaching



(Approved by the State Council on January 22, 1997 and promulgated by

Decree No.61 of the General Customs Administration on April 10, 1997)

    Article 1  These Measures 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 Measures denotes:

    (1) Institutes engaged specially in scientific research and development
under the ministries, commissions and directly subordinate agencies under the
State Council, and those under the provinces, autonomous regions,
municipalities directly under the Central Government and the cities planned
respectively;

    (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 in Article 2 of These Measures 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 General Tax Administration and the General Customs Administration;

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

    (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 Customs Administration.

    Article 6  The articles imported for scientific research and teaching
with duties exemption according to These Measures, 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 Measures or not, the General
Customs Administration 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 Customs Administration in accordance with These Measures.

    Article 9  These Measures shall come into effect as of the date of
promulgation.






PARTNERSHIP BUSINESS LAW

Partnership Business Law of the People’s Republic of China

     (Effective Date:1997.08.01–Ineffective Date:)

CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ESTABLISHMENT OF A PARTNERSHIP BUSINESS CHAPTER THREE PROPERTY OF A PARTNERSHIP BUSINESS
CHAPTER FOUR OPERATION OF A PARTNERSHIP BUSINESS CHAPTER FIVE RELATIONSHIP BETWEEN A PARTNERSHIP BUSINESS AND A THIRD PARTY CHAPTER
SIX ADMISSION TO AND WITHDRAWAL FROM PARTNERSHIP CHAPTER SEVEN DISBANDMENT AND LIQUIDATION OF PARTNERSHIP BUSINESS CHAPTER EIGHT
LEGAL LIABILITIES CHAPTER NINE SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated for the purposes of standardizing the behavior of partnership businesses and protecting the legitimate rights
and interests of those businesses and their partners and thus to safeguard the social and economic order, and promote the development
of the socialist market economy.

   Article 2 A partnership business referred to in this Law shall be any business set up by partners within the Chinese territory according to
this Law with contributions by all the partners thereof through signing up of an agreement as well as a joint sharing of all the
partners of the operations, incomes, risks, and unlimited liabilities of the business.

   Article 3 The agreement for a business concerned shall be made in a written form according to the law upon full agreement of all partners thereof
through consultations.

   Article 4 The principles of voluntariness, equality, fairness, sincerity and creditability shall be followed for the creation of a partnership
business and formulation of the agreement thereof.

   Article 5 A partnership business in not permitted to use such words as “limited” or “limited liability” in its post_title.

   Article 6 A partnership business must abide by laws, administrative regulations and professional ethics in its operations.

   Article 7 The property and legitimate rights and interests of a partnership business and its partners shall enjoy legal protection.

CHAPTER TWO ESTABLISHMENT OF A PARTNERSHIP BUSINESS

   Article 8 The establishment of a partnership business should be provided with the following conditions:

1) two or more partners who shall all shoulder unlimited liabilities according to the law;

2) a partnership agreement in written form;

3) capital fund contributed by all partners;

4) a name of the business concerned;

5) operating sites and conditions of the business.

   Article 9 A partner shall be a person who is fully capable of performing civil acts.

   Article 10 Any person having been banned by the laws or administrative regulations from engaging in business activities is not permitted to
become a partner of a partnership business.

   Article 11 A partner of a partnership business may make contributions in cash, kinds, land use rights, intellectual property rights or rights
of other property thereof and the said capital contributions shall be the legitimate property and rights of property of the partner
concerned.

When in need, the capital contributions other than cash should be evaluated by all partners through consultations or by a legal evaluation
agency entrusted by all partners.

With the agreement of all partners after consultations, a partner may also use labor services as capital contributions, and the method
for the evaluation of the services shall be determined by all partners through consultations.

   Article 12 Capital contributions of partners of a partnership business shall be made in forms, amounts and terms as set in the partnership agreement.

Contributions actually paid up by all partners according to the partnership agreement shall form the total capital contributions of
a partnership business.

   Article 13 A partnership agreement shall record clearly the following items:

1) name of the partnership business and location of its major operating site;

2) purpose of partnership and business scope of the partners business;

3) names and residences of the partners;

4) form and amount of capital contributions payable by the partners and term of payment for capital contributions;

5) method for profit distribution and loss sharing;

6) actual operations of the business;

7) conditions for admission to and withdrawal from partnership;

8) disbandment and liquidation of the partnership business; and

9) liabilities for default.

A partnership agreement may record clearly the term of operation of the partnership business and the methods for settling disputes
among the partners.

   Article 14 A partnership agreement shall take effect after it is signed and sealed by all partners. The partners shall exercise their full rights
and be responsible for liabilities according to the partnership agreement.

Whereas all partners agree after consultations, a partnership agreement may be revised or replenished.

   Article 15 In application for the registration of a partnership business, the partnership agreement of the business and the identification cards
of the partners should be presented to the business registration authority.

Whereas an approval from relevant authority is needed for the setting up of the business concerned according to the law and administrative
regulations, the document of approval should also be presented during the application for registration of the business.

   Article 16 The business registration authority shall make a decision on whether or not to approve the registration within thirty days after
receipt of the application documents for the registration. The registration shall be approved and the business license shall be granted
if the provisions of this Law are met; and the registration shall not be approved if the provisions of this Law are not met and then
a reply in written form shall be given to explain the reasons.

   Article 17 The date on which the business license of a partnership business is issued is considered the date of the establishment of the partnership
business concerned.

Before the acquirement of the business license, partners of the partnership business concerned are not permitted to engage in operating
activities in the name of the business.

   Article 18 For setting up of a subsidiary, a partnership business should apply for the registration of the subsidiary with and obtain the business
license concerned from the business registration authority where the said subsidiary is located.

CHAPTER THREE PROPERTY OF A PARTNERSHIP BUSINESS

   Article 19 During the term of operation of a partnership business, the capital contributions by its partners and all incomes obtained in the
name of the partnership business shall all be property of the partnership business.

Property of a partnership business should be put under the joint management and uses of all partners according to this Law.

   Article 20 Before the liquidation of a partnership business, partners concerned are not permitted to request for distribution of the property
thereof except for cases as provided separately by this Law.

Secret transference or uses of property of a partnership business by a partner before the liquidation of the business should not be
made in counter to the interest of an uninformed bona fide third party.

   Article 21 An unanimous agreement from other partners must be obtained before a partner of a partnership business transfers to a party other
than the partners of the business concerned all or part of the share thereof during the term of operation of the business.

For such a transference, a notice should be given to all partners of the business.

   Article 22 Whenever a transference by a partner of a partnership business his/her share thereof according to the law, the other partners concerned
shall enjoy the priority for assignment under the same conditions.

   Article 23 A new party other than all partners of a partnership business shall become a new partner of the business after acquiring a share
of the said business as transferred by a partner thereof under a unanimous agreement of all partners of the business according to
law and thereto upon a revision to the partnership agreement, enjoy the rights and be responsible for the liabilities of the business
according to the revised partnership agreement.

   Article 24 The use of property share in a partnership business by a partner thereof as a pledge should acquire in advance an unanimous agreement
from other partners concerned.

Use of property share in a partnership business by a partner as a pledge without a unanimous agreement from other partners shall be
considered invalid or as withdrawal of the partner from the partnership; and the latter shall take responsibility for the compensation
if the act thereupon causes any loss to other partners according to the law.

CHAPTER FOUR OPERATION OF A PARTNERSHIP BUSINESS

   Article 25 Each partner shall enjoy equal right in the operation of a partnership business. A partnership business may be operated jointly by
all partners but the operation might also be entrusted to one or several partners according to the provisions of the partnership
agreement or the decision of all partners.

Partners who actively operate the partnership business should be considered as representatives of the said partnership business in
terms of external affairs.

   Article 26 Whereas one or several partners are entrusted to operate a partnership business according to the preceding article, other partners
shall be kept out of the operation of the said partnership business but still have right to supervise upon the said operation.

   Article 27 One or several partners entursted to operate a partnership business should, according to the agreement, report to other partners
who do not join in the operation the operating conditions and financial status of the business concerned and earnings or liabilities
therefrom shall be shared by all partners.

   Article 28 Partners of a partnership bussiness are enpost_titled to check on the accounts of the business so as to keep in knowledge of the operating
and financial conditions of the business.

Decisions by the partners on matters of a partnership business according to this Law or the partnership agreement, can be based on
one vote for one partner as decided by all partners except for cases provided for separately by this Law or the partnership agreement.

   Article 29 Whereas a partnership business is subjected to separated operations by individual partners as stipulated in the partnership agreement
or upon decision of all partners, a partner may put forward an opposition to the operation of other partners. When the opposition
is put forward, the operation concerned should be stopped temporarily and arguements arisen therefrom should be settled by all partners.

Whereas a partner who has been entrusted to operate a business fails to act according to the partnership agreement or the decision
by all partners, the entrustment may be put off upon decision of other partners.

   Article 30 A partner is not permitted to be involved solely or jointly into other business that is competitive with the partnership business.

Except for cases as stipulated in the partner agreement or other agreements of all partners, a partner of a partnership business is
not allowed to trade with the above-mentioned business.

A partner of a partnership business is not permitted to engage in activities in counter to the interests of the business.

   Article 31 A unanimous agreement of all partners is required for the following undertakings of a partnership business:

1) handling of the real estate of the partnership business;

2) a change to the name of the partnership business;

3) transference or handling of the intellectual property rights and rights of other property of the partnership business;

4) application with the business registration authority for a change of the registration;

5) provision of guarantee for a third party in the name of the partnership business;

6) appointment of persons other than the partners as managers of the partnership business; and

7) related matters as stipulated in the partnership agreement.

   Article 32 Profits and losses of a partnership business shall be shared by its partners according to the proportion stipulated in the partnership
agreement; the profits and losses shall be shared equally by the partners if there are no set proportions written down in the partnership
agreement.

Partnership agreements should not attribute whole part of the profits or losses to part of the partners.

   Article 33 Capital contributions can be added to a partnership business by its partners according to the partnership agreement or decision of
all partners within the operation term of the business for the purposes of expanding business scale or compensating for loss.

   Article 34 Specific plans of a partnership business for sharing of profits and losses in a year or in a certain period can be decided upon by
all partners through consultations or by the methods as stipulated in the partnership agreement.

   Article 35 Managers appointed by partnership businesses shall perform their duties within the scope of authorization by the partnership businesses.

Whereas managers appointed by partnership businesses operate in excess of the scope that has been authorized by the businesses or
cause any loss to the partnership business because of intentional or major fault, responsibility for the compensation shall be imposed
according to law.

   Article 36 A partnership business should establish a financial and accounting system for the business according to the provisions of the law
and administrative regulations.

   Article 37 A partnership business should pay due taxes according to law.

CHAPTER FIVE RELATIONSHIP BETWEEN A PARTNERSHIP BUSINESS AND A THIRD

   Article 38 Restrictions of a partnership business on the operation of a partner in terms of the business or the right of a partner to represent
the business in handling of external affairs should not act in counter to the interest of an uninformed bona fide third party.

   Article 39 A partnership business shall first of all use all of its property to repay its debts. Whereas the property of the partnership business
is insufficient for repayment of its payable debts, each partner shall shoulder unlimited joint liabilities for the repayment.

   Article 40 Whereas debts of a partnership business cannot be fully borne by the property of the business concerned, the insufficient part should
be paid by each partner by using property other than that having been contributed to the partnership business according to the proportion
set in the first paragraph of Article 32 of this Law.

Whereas a partner repays an amount in excess of the respect share because of joint liabilities a reimbursement is enpost_titled from other
partners.

   Article 41 Debts owed by a partner in a partnership business to a third party cannot be used to offset debts owed by the said party to the business
concerned.

   Article 42 A personal creditor of a partner to a partnership business is not permitted to subrogate the rights of the said partner in the business
concerned.

   Article 43 Personal debts of a partner to a partnership business can only be settled with the distributable income to the partner from the said
business; the creditor concerned may also file a request with the people’s court for compulsory repayment of the debt concerned by
the said partner’s property share in the business concerned according to the law.

Other partners have the preemptive rights for assignment of the property share of the said partner.

CHAPTER SIX ADMISSION TO AND WITHDRAWAL FROM PARTNERSHIP

   Article 44 Admission to a partnership business of a new partner should be agreed upon by all partners concerned and a partnership admission
agreement should be made in writing according to the law.

When a partnership admission agreement is made, the original partners should inform the new partner of the original partnership business’
operating conditions and financial status.

   Article 45 A new partner admitted to a partnership business shall enjoy the same rights and shoulder the same liabilities as the original partners.
Whereas there is a separate contract in the partnership admission agreement, the said agreement shall prevail.

A new partner admitted to a partnership business shall shoulder joint liabilities for the debts of the partnership business as the
admission taking effect.

   Article 46 Whereas the term of operation of a partnership business has been set in the partnership agreement, a partner may withdraw from partnership
in any of the following cases:

1) a cause for withdrawal from partnership as set in the partnership agreement appears;

2) all partners agree to the withdrawal; 3) a cause to make the said partner difficult to remain in the partnership takes place; and

4) other partners seriously go against their obligations as set in the partnership agreement.

   Article 47 Whereas the term of operation of a partnership business has not been set in the partnership agreement, a partner may withdraw from
the partnership on the condition that the winthdrawal would not cause adverse effect to the operation of the said partnership business.
But the withdrawal must be informed to other partners thirty days in advance.

   Article 48 Whereas a partner withdraws from partnership in violation of the provisions of the preceding two articles, compensation must be made
by the said partner for the loss caused to other partners thereof.

   Article 49 Whereas a partner has any of the following cases, a withdrawal of the said partner shall be effected naturally:

1) being dead or declared as being dead according to the law;

2) declared as a person without capacity for civil acts according to the law;

3) losing individual debt service capacity; and

4) compulsorily executed by the people’s court of all property share in the partnership business.

Withdrawal from partnership as provided for in the preceding paragraph shall take effect on the date on which it actually takes place.

   Article 50 Whereas a partner has any of the following cases, a resolution may be made with unanimous agreement of other partners to dismiss
the said partner:

1) failing to perform the obligation for capital contributions;

2) causing loss to the partnership business for intentional or major fault;

3) having unfair behavior in executing affairs of the partnership business; and

4) other causes as set in the partnership agreement.

The resolution to dismiss a partner should be sent in a notice in writing to the person who is dismissed. The dismission shall take
effect on the date on which the person who is dismissed receives the dismission notice, and the person who is dismissed shall withdraw
from partnership.

Whereas the person who is dismissed has any opposition to the dismission resolution, legal proceedings may be instituted with be people’s
court within thirty days after receipt of the dismission notice.

   Article 51 Whereas a partner is dead and declared according to the law as being dead, the heir who enjoys the legitimate right of inheriting
the said partner’s property share in a partnership business shall as set in the partnership agreement or with agreement of all partners
obtain the qualification for being a partner of the said partnership business as of the date of succession.

Whereas the said heir refuses to be a partner, the partnership business should reinburse to the heir the respective share of the inherited
property.

Whereas a legitimate heir has not become mature, a guardian may with unanimous agreement of other partners subrogate the rights of
the said heir before the latter becomes mature.

   Article 52 Whereas a partner wihtdraws from partnership, other partners shall conduct settlement with the said partner in accordance with the
property conditions of the partnership business at the time of the withdrawal, and return the property share of the withdrawing partner.

Whereas some affairs of the partnership business fail to be settled at the time of the withdrawal, the property share shall be settled
after the affairs are settled.

   Article 53 The methods of refunding the property share of a withdrawing partner in a partnership business shall be set in the partnership agreement
or determined by all partners. The refunding may be in cash or in kind.

   Article 54 A withdrawing partner should together with other partners shoulder joint liabilities for the debts of the partnership business occurred
before the said withdrawal.

   Article 55 Whereas the property of a partnership business is less than the debts of the said business when a partner withdraws from partnership,
the withdrawing partner should share the loss according to the provisions in the first paragraph of Article 32 of this Law.

   Article 56 Whereas the registration matters of a partnership business change or re-registration is necessary for such reason as withdrawal from
partnership, admission to partnership of revision of the partnership agreement, the said partnership business should handle relevant
registration procedures with the business registration authority within fifteen days as of the date on which the decision for the
change is made or the cause for the change takes place.

CHAPTER SEVEN DISBANDMENT AND LIQUIDATION OF PARTNERSHIP BUSINESS

   Article 57 A partnership business shall disband in any of the following cases:

1) the term of operation as set in the partnership agreement expires and the partners are unwilling to continue the operaiton;

2) a cause for disbandment as set in the partnership agreement appears;

3) all partners decide to disband;

4) there is an insufficient number of partners as provided for by the Law;

5) the purpose for partnership as set in the partnership agreement has been finalized or is not able to be realized;

6) the business license is revoked according to the law; and

7) other reasons for disbandment of a partnership business as provided for by the law and administrative regulations appear.

   Article 58 A partnership business shall after disbandment conduct liquidation and inform its creditors in notice or announcement thereof.

   Article 59 Whereas a partnership business disbands, the liquidators shall be acted by all partners; whereas not all partners are able to act
as the liquidators, one or several partners, or a third party may with agreement of more than half of the partners be designated
or entrusted to act as the liquidators within fifteen days after the partnership business disbands.

Whereas the liquidators are not determined within the fifteen days, the partners or other interested parties may request the people’s
court to designate the liquidators.

   Article 60 The liquidators shall execute the following affairs during the period of liquidation:

1) to sort out the property of the partnership business, and draft up the balance sheets and the property list of the said business;

2) to handle unsettled affairs of the partnership business that are related to the liquidation;

3) to pay up taxes payable;

4) to settle credits and debts;

5) to handle the remaining property after the partnership business repays its debts; and

6) to take part in civil suits on behalf of the partnership business.

   Article 61 After the liquidation expenses are paid, the property of the partnership business shall be distributed in the following order:

1) wages and labor insurance costs owed by the partnership business to its employees;

2) taxes payable by the partnership business;

3) debts of the partnership business; and

4) returning capital contributions to the partners.

Whereas there is a surplus after the property of the partnership business is distributed in the above-mentioned order, it shall be
distributed according to the proportion as provided for in the first paragraph of Article 32 of this Law.

   Article 62 Whereas all property of a partnership business is insufficient for paying its debts, it shall be handled according to Article 39
and Article 40 of this Law.

   Article 63 After a partnership business disbands, the original partners shall still shoulder joint liabilities for the debts in the duration
of existence of the partnership business. But the said liabilities shall be eliminated if the creditors fail to ask for repayment
from the debtees within five years.

   Article 64 After the liquidation ends, a liquidation report shall be made, and it shall after the signing and sealing of all partners be sent
to the business registration authority within fifteen days to register the cancellation of the partnership business.

   Article 65 Whereas a business registration is obtained by presenting counterfeit documents or taking other deceitful means in violation of the
provisions of this Law, a correction shall be ordered to be made and a fine of less than RMB5,000 may be imposed; if the case is
serious enough, the business registration shall be revoked.

   Article 66 Whereas the words of “limited” or “limited liability” are used in the name of a partnership business in violation of the provisions
of this Law, a correction shall be ordered to be made within the prescribed time limit and a fine of less than RMB2,000 may be imposed.

   Article 67 Whereas an operation in the name of a partnership business without a business license in violation of the provisions of this Law,
a stop of the operation shall be ordered and a fine of less than RMB5,000 may be imposed.

Whereas a change of the registration matters of a partnership business without the relevant change of registration in accordance with
the provisions of this Law, a registration shall be ordered within the prescribed time limit; whereas the registration is not made
after the time limit, a fine of less than RMB2,000 shall be imposed.

   Article 68 Whereas a forcible possession of the interests attributable to a partnership business during operation or coversion of property of
the partnership business by other means by a said partner(s), return of the said interests and property to the partnership business
shall be ordered; if the case causes loss to the partnership business or other partners, the said partner(s) shall take responsibility
for the compensation; if the case constitutes a crime, the said partner shall be prosecuted for criminal responsibilities.

   Article 69 Whereas any handling by a partner(s), without authorization, of affairs which can only be handled with agreement of all partners
as provided for in this Law or as contracted in the partnership agreement and thereto causes loss to the partnership business or
other partners, responsibility shall be assumed by the said partner(s) for compensation according to Law.

   Article 70 Whereas execution of affairs of a partnership business by a partner(s) without the power to execute such affairs and thereto causes
loss to the partnership business or other partners, responsibility should be assumed by the said partner(s) for compensation according
to the law.

   Article 71 Whereas an engagement of business which is competitive to a certain partnership business or a trade with the partnership business
by a partner of the said partnership business in violation of the provisions of this Law, and thereto causes loss to the said partnership
business or other partners of the business, due compensation shall be responsible by the partner concerned according to the law.

   Article 72 Compensation arising from an illegal possession of the poverty of a partnership business or misappropriation of the funds of the
partnership business by any employee of the partnership business for

    






CIRCULAR OF THE STATE COUNCIL CONCERNING THE ABBREVIATION OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ITS PLACE IN THE ORDER OF PRECEDENCE IN THE NATIONAL ADMINISTRATIVE DIVISION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-12-15 Effective Date  1997-12-15  


Circular of the State Council Concerning the Abbreviation of the Hong Kong Special Administrative Region and Its Place in the Order
of Precedence in the National Administrative Division

(December 15, 1997)

    The abbreviation of the Hong Kong Special Administrative Region and its
place in the order of precedence in the national administrative division are
hereby notified as follows:

    I.The abbreviation of the Hong Kong Special Administrative Region is
“Kong”.

    II.In the order of precedence of the national administrative division,
the Hong Kong Special Administrative Region is placed ahead of Taiwan
Province.






REGULATIONS ON THE NATIONALITY REGISTRATION OF CIVIL AIRCRAFT

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-10-21 Effective Date  1997-10-21  


Regulations of the People’s Republic of China on the Nationality Registration of Civil Aircraft

Chapter I  General Provisions
Chapter II  Nationality Registration
Chapter III  Nationality Mark and Registration Mark
Chapter IV  Provisional Registration
Chapter V  Supplementary Provision

(Promulgated by Decree No. 232 of the State Council of the People’s

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

    Article 1  These Regulations are formulated in accordance with the
provisions of the Civil Aviation Law of the People’s Republic of China
with a view to enhancing the administration of civil aircraft nationality,
ensuring safety in civil aviation activities and maintaining order in
civil aviation activities.

    Article 2  The following civil aircraft shall enter into nationality
registration pursuant to these Regulations:

    (1) civil aircraft of state institutions of the People’s Republic of
China;

    (2) civil aircraft of a corporate enterprise established in accordance
with the laws of the People’s Republic of China; the registered capital of
the corporate enterprise constitutes contributions from foreign businesses,
the percentage of foreign businesses in the registered capital or paid-up
capital of the said corporate enterprise does not exceed 35%, the right to
vote of their representatives on the board of directors and the shareholders’
conference (shareholders’ meeting) does not exceed 35%, and a Chinese citizen
serves as the chairman of the board of directors of the said corporate
enterprise;

    (3) other civil aircraft the registration of which is approved by
the competent department of civil aviation under the State Council.

    Civil aircraft leased from abroad the leaseholder of which conforms
to the provisions of the preceding paragraph and the crew members of the said
civil aircraft are provided by the leaseholder may apply for the
registration of the nationality of the People’s Republic of China;
however, the original nationality registration of the said civil
aircraft must first be nullified.

    Article 3  A civil aircraft acquires the nationality of the People’s
Republic of China upon registration in accordance with law.

    Article 4  A civil aircraft shall not have dual nationalities.
A civil aircraft whose foreign nationality has not been nullified
shall not apply for nationality registration in the People’s Republic of
China; a civil aircraft whose nationality of the People’s Republic of
China has not been nullified shall not apply for nationality registration
in foreign countries.

    Article 5  The competent department of civil aviation under the State
Council shall take charge of the work of nationality registration of civil
aircraft of the People’s Republic of China, set up a civil aircraft
nationality registration book of the People’s Republic of China with
uniform recording of the particulars relating to civil aircraft
nationality registration.

    Article 6  A civil aircraft nationality registration shall not
serve as the proof of ownership of the civil aircraft.
Chapter II  Nationality Registration

    Article 7  For application for civil aircraft nationality registration
of the People’s Republic of China, an applicant shall truthfully fill out
the application form for civil aircraft nationality registration
in accordance with the format prescribed by the competent department of
civil aviation under the State Council and present the following documents
to the competent department of civil aviation under the State Council:

    (1) documents proving the legal status of the applicant;

    (2) purchase contract and delivery documents as proofs of the obtainment
of ownership of the civil aircraft; or lease contract and delivery
documents as proofs of possession of the civil aircraft;

    (3) proofs of not having entered into nationality registration in foreign
countries or of nullification of foreign nationality;

    (4) other relevant documents required to be presented by the competent
department of civil aviation under the State Council.

    Article 8  The competent department of civil aviation under the State
Council shall, within seven working days from the date of receipt of an
application for civil aircraft nationality registration, examine the
application form and relevant documents of proof; a certificate of civil
aircraft nationality registration of the People’s Republic of China shall be
issued to the applicant if the application conforms to the provisions of
these Regulations upon examination.

    Article 9  The competent department of civil aviation under the State
Council shall carry the following particulars in the civil aircraft
nationality registration book:

    (1) nationality mark and registration mark of the civil aircraft;

    (2) name of the manufacturer of the civil aircraft;

    (3) type of the civil aircraft;

    (4) plant serial number of the civil aircraft;

    (5) name and address of the owner of the civil aircraft;

    (6) name and address of the possessor of the civil aircraft;

    (7) registration date of the civil aircraft; and

    (8) name of the issuer of the certificate of civil aircraft nationality
registration.

    Article 10  The civil aircraft nationality registration certificate
shall be placed in a prominent position in the civil aircraft for
inspection and examination.

    Article 11  In the event of any of the following circumstances, a
civil aircraft having obtained the nationality of the People’s Republic
of China shall apply for going through the formalities of changes in
registration:

    (1) change in the owner or his/her address of the civil aircraft;

    (2) change in the possessor or his/her address of the civil aircraft; and

    (3) other circumstances which call for going through the formalities of
changes in registration as prescribed by the competent department of civil
aviation under the State Council.

    Article 12  In the event of any of the following circumstances, a
civil aircraft having obtained the nationality of the People’s Republic of
China shall apply for the nullification of the registration:

    (1) a civil aircraft the ownership of which has been transferred
abroad in accordance with law and a certificate of airworthiness for export
of which has been obtained;

    (2) a civil aircraft which has been phased out or has to be scrapped;

    (3) a civil aircraft which has crashed, or has been missing and
the search of which has been stopped;

    (4) termination of the lease contract of a civil aircraft in conformity
with the provisions of the second paragraph of Article 2 of these Regulations;
and

    (5) other circumstances which call for nullification of the registration
as prescribed by the competent department of civil aviation under the State
Council.

    Article 13  An applicant going through the formalities of civil
aircraft nationality registration shall pay the registration fee. The rate
of registration fee shall be fixed by the competent department of civil
aviation under the State Council in conjunction with the competent department
of price control under the State Council.

    Article 14  The competent department of civil aviation under the State
Council or its authorized regional civil aviation administrations may ban
the take-off of such civil aircraft which has no or does not carry a
civil aircraft nationality registration certificate.
Chapter III  Nationality Mark and Registration Mark

    Article 15  The civil aircraft nationality mark of the People’s
Republic of China shall be the Romanized capital letter B.

    The civil aircraft registration mark of the People’s Republic of China
shall be the Arabic numerals and the Romanized capital letter or the
combination of both.

    Article 16  The civil aircraft nationality mark of the People’s
Republic of China shall be placed ahead of the registration mark, with a
hyphen between the nationality mark and registration mark.

    Article 17  A civil aircraft having obtained the nationality of the
People’s Republic of China shall spray-paint the nationality mark and
registration mark on the civil aircraft or attach them to the civil
aircraft in other ways that can maintain equal durability and keep them
clearly visible.

    The position, size and letter-form of the nationality mark and
registration mark on civil aircraft shall be prescribed by the competent
department of civil aviation under the State Council.

    Article 18  No unit or individual shall spray-paint or stick any pattern,
mark or symbol on civil aircraft liable to create confusion with the
nationality mark and registration mark.

    Article 19  A civil aircraft having obtained the nationality of the
People’s Republic of China shall carry an identification plaque made of
refractory metal or other refractory materials and with the nationality
mark and registration mark engraved thereon.
Chapter IV  Provisional Registration

    Article 20  With respect to a civil aircraft having not obtained a
civil aircraft nationality registration certificate, the applicant shall,
within 30 days prior to the following flights and pursuant to the format
prescribed by the competent department of civil aviation under the State
Council, truthfully fill out the application form and present the relevant
certification documents to the competent department of civil aviation under
the State Council for going through the formalities of provisional
registration:

    (1) orientation test flights and production test flights;

    (2) performance flights;

    (3) orientation flights for delivery or export; and

    (4) other necessary flights.

    Applicants referred to in the preceding paragraph mean the manufacturers,
sellers of civil aircraft or other applicants acknowledged by the
competent department of civil aviation under the State Council.

    Civil aircraft the provisional registration of which has been
approved by the competent department of civil aviation under the State
Council shall determine the provisional registration mark and be issued
a provisional registration certificate.

    Article 21  Civil aircraft having obtained the provisional registration
mark may, for export, attach the provisional registration mark on the
civil aircraft using erasable materials and shall completely cover the
foreign nationality mark and registration mark already spray-painted
thereon as requested by the foreign party.
Chapter V  Supplementary Provision

    Article 22  These Regulations shall enter into force as of the date of
promulgation.






CIRCULAR OF THE STATE COUNCIL ON THE APPROVAL AND TRANSMISSION OF THE OPINIONS OF THE STATE PLANNING COMMISSION AND OTHER DEPARTMENTS CONCERNING FURTHER STRENGTHENING PROJECT MANAGEMENT OF THE AUTOMOTIVE INDUSTRY

The State Council

Circular of the State Council on the Approval and Transmission of the Opinions of the State Planning Commission and Other Departments
Concerning Further Strengthening Project Management of the Automotive Industry

GuoFa [1997] No.24

July 11, 1997

The State Council has approved the Opinions Concerning Further Strengthening Project Management of the Automotive Industry of the
State Planning Commission, the State Economic and Trade Commission, the Ministry of Machinery, the Ministry of Public Security, the
Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs and the State Industry and Commerce Administration,
which is hereby transmitted to you for earnest implementation.

All regions and departments must strictly carry out the Circular of the State Council Concerning the Issuance of the Industrial Policy
of the Automotive Industry, and seriously conduct an inspection on the status of its implementation. Examination and approval of
projects of automobiles, motorcycles and engines without authorization in violation of state provisions must be seriously dealt with
once uncovered and the leading personnel involved shall be investigated of their responsibilities. The State Planning Commission
shall, in conjunction with the departments concerned, conduct the inspection in accordance with the spirit of this Circular, deal
with the problems discovered in time and submit a report to the State Council. Attachment:Opinions Concerning Further Strengthening Project Management of the Automotive Industry

Since the issuance of the Circular of the State Council Concerning the Issuance of the Industrial Policy of the Automotive Industry
in 1994, the momentum of dispersed, blind and repetitious development of the automotive industry in our country has been somewhat
curbed. However, of late, a number of regions and departments have, proceeding from local interests, taken up new automotive projects
without state approval outside the designated sites under state planning. A number of units have conducted talks with foreign businesses
without authorization on the construction of joint-venture automotive projects, and gone through the formalities of examination and
approval on their own by breaking the whole project into parts or “acting first and reporting afterwards”, forcing the state to approve
after making the fait accompli. A number of automobile manufacturing enterprises have, in violation of the provisions of the relevant
ministries and commissions of the state on the administration of automobile, converted civilian vehicle and motorcycle manufacturing
enterprises and their product catalogs nationwide, illegally assembled automobiles, speculated on selling certificates of quality,
transferred product catalogs and even embarked on whole-vehicle manufacture projects in the name of vehicle conversion. These problems,
if not corrected in time, will lead to new, blind and repetitious construction, seriously affecting the sound development of the
automotive industry in China. For the purpose of further implementation of the Industrial Policy of the Automotive Industry, realization
of tasks prescribed in the Ninth Five-year Plan for National Socio-economic Development and the Program for Perspective Goals in
2010 and promotion of the sound development of the automotive industry in China, the following Opinions are hereby put forth:

1.

Further enhancing the macro-control over investment projects in the automotive industry. All fixed-asset investment projects involving
automobiles (including buses and all types of converted vehicles, the same hereinafter), whole motorcycles and engines (including
motorcycle engines, the same hereinafter), regardless of the nature of construction (including capital construction, technological
transformation, technological induction as well as assembly projects for export with import auto and motorcycle components and complete-set
manufactured parts under processing trade, etc.), irrespective of the source of capital(domestic capital or utilization of foreign
capital) and whether it is above ceiling or below ceiling, shall be submitted to the State Planning Commission, the State Economic
and Trade Commission for examination and approval in conjunction with the departments concerned, among which the major projects shall
be submitted to the State Council for examination and approval. Upon remarks in preliminary examination put forth by the Ministry
of Machinery with respect to the aforesaid projects, projects involving capital construction and processing trade shall be subject
to the examination and approval of the State Planning Commission and projects of technological transformation shall be subject to
the examination and approval of the State Economic and Trade Commission; major projects shall be submitted to the State Council for
examination and approval upon examination and verification by the State Planning Commission or the State Economic and Trade Commission
according to the nature of construction. The State Economic and Trade Commission shall, before the examination and approval of above-ceiling
projects of technological transformation utilizing foreign capital and submitting the projects of technological transformation to
the State Council for examination and approval, first dispatch the papers of the said projects to the State Planning Commission for
countersignature.

2.

With respect to projects of whole-vehicle automobiles and motorcycles as well as import components and complete-set manufactured parts
under processing trade, customs formalities for the record shall be completed on the strength of project approval documents of the
State Planning Commission or the State Economic and Trade Commission.

3.

For requests for increase in investment in Sino-Foreign joint venture projects of whole-vehicle automobiles and motorcycles and engines,
irrespective of whether they are projects above the ceiling or below the ceiling, their feasibility studies shall be submitted to
the State Planning Commission or the State Economic and Trade Commission according to the nature of construction while listing the
projects under the state plan for examination and approval in conjunction with the departments concerned, revision of joint venture
enterprise contracts shall be submitted to the Ministry of Foreign Trade and Economic Cooperation for examination and approval.

4.

For enterprise business scope involving projects of manufacture, assembly and processing trade of whole-vehicle automobiles and motorcycles
and engines, applications for the completion of formalities of registration shall be filed at organs of industry and commerce administration
on the strength of the project approval documents of the State Planning Commission or the State Economic and Trade Commission and
the Ministry of Machinery. Organs of industry and commerce administration shall not process the registration of those enterprises
without going through the formalities of examination and approval in accordance with the aforesaid provisions, and the products manufactured
by them shall be prohibited from distribution in the market. Enterprises that commit violations of the provisions shall be investigated
and dealt with by organs of industry and commerce administration. Specific measures for implementation shall be worked out by the
State Administration of Industry and Commerce.

5.

A sorting-out and consolidation of the existing automobile and motorcycle manufacturing enterprises shall be carried out in 1997 which
shall be headed by the Ministry of Machinery in conjunction with the Ministry of Public Security and other departments concerned.
Enterprises that do not have the basic required conditions for manufacture and enterprises that have committed acts of manufacturing
vehicle types inconsistent with the product catalog or transferring the catalog and selling product quality certificates shall all
be revoked of their corresponding product catalogs. Double quality certificate system (whole vehicle quality certificate and chassis
quality certificate) shall be practiced with respect to the products manufactured by vehicle conversion plants.

Specific measures shall be worked out by the Ministry of Machinery in conjunction with the relevant departments.



 
The State Council
1997-07-11

 







GARRISONING THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Law of the People’s Republic of China on Garrisoning the HK Special Administrative Region

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II FUNCTIONS AND RESPONSIBILITIES 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 OF AND DISCIPLINE FOR MEMBERS OF THE HONG KONG GARRISON

CHAPTER V JUDICIAL JURISDICTION OVER MEMBERS OF THE HONG KONG GARRISON

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 1 This Law is enacted in accordance with the Constitution and the Basic Law of the Hong Kong Special Administrative Region to ensure
the lawful performance of functions and responsibilities by the military forces stationed by the Central People’s Government in the
Hong Kong Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State
and the security of Hong Kong.

   Article 2 The military forces stationed by the Central People’s Government in the Hong Kong Special Administrative Region for defence shall
be composed of forces from the Army, the Navy and the Air Force of the Chinese People’s Liberation Army, and be designated as the
Hong Kong Garrison of the Chinese People’s Liberation Army (hereinafter referred to as the Hong Kong Garrison).

   Article 3 The Hong Kong Garrison shall be subject to the direction of the Central Military Commission of the People’s Republic of China. The
number of its members shall be determined according to the need for the defence of the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall practise a system of rotation of its members.

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

CHAPTER II FUNCTIONS AND RESPONSIBILITIES OF THE HONG KONG GARRISON

   Article 5 The Hong Kong Garrison shall perform the following defence functions and responsibilities:

(1) preparing against and resisting aggression, and safeguarding the security of the Hong Kong Special Administrative Region;

(2) carrying out defence duties;

(3) administering military facilities; and

(4) handling foreign-related 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 Region, decides that the Region is in a state of emergency, the Hong Kong Garrison shall perform its duties in accordance
whith the provisions of the national laws that the Central People’s Government decides to apply in the Region.

   Article 7 No weapon and equipment, such as aircraft and vessels, and no material of the Hong Kong Garrison, and no member or vehicle of the
Garrison that bears a certificate or a document of certification issued by the Hong Kong Garrison showing that the bearer is on official
duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Hong Kong Special Administrative Region.

The Hong Kong Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in force in the Hong Kong
Special Administrative Region.

   Article 8 Members of the Hong Kong Garrison may, in accordance with the provisions of the laws in force in the Hong Kong Special Administrative
Region, take measures to stop any act which obstructs their performance of official duties.

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 in its performance of defence
functions and responsibilities and guarantee the lawful rights and interests of the Hong Kong Garrison and its members.

The Hong Kong Special Administrative Region shall consult the Hong Kong Garrison when formulating any policy or drafting any legislation
which concerns the Hong Kong Garrison.

   Article 11 The Hong Kong Garrison shall notify in advance the Government of the Hong Kong Special Administrative Region of any military activities
it is to conduct such as training exercises and manoeuvres which may affect the 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 facilities
within the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall delimit military restricted zones in conjunction with the Government of the Hong Kong Special Administrative
Region. The locations and boundaries of the military restricted zones shall be declared 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 maintaining the security of the
military restricted zones.

Without permission of the Commander of the Hong Kong Garrison or other officers as he may authorize to give such permission, no person,
vehicle, vessel or aircraft other than those of the Hong Kong Garrison shall enter the military restricted zones. Guards of the
military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted zone
or any act which damages or endangers any military facilities.

The Hong Kong Garrison shall protect the natural resources, historical relics and monuments, and other non-military rights and interests
within the military restricted zones in accordance with the laws of the Hong Kong Special Administrative Region.

   Article 13 Any land used by the Hong Kong Garrison for military purposes, when approved by the Central People’s Government to be no longer needed
for defence purposes, shall be turned over without compensation to the Government of the Hong Kong Special Administrative Region
for disposal.

If the Government of the Hong Kong Special Administrative Region needs for public use any part of the land used for military purposes
by the Hong Kong Garrison, it shall seek approval of the Central People’s Government; where approval is obtained, the Government
of the Hong Kong Special Administrative Region shall make reprovision of land and military facilities for the Hong Kong Garrison
at such sites as agreed to by the Central People’s Government, and shall bear all the expenses and costs entailed.

   Article 14 Pursuant to 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 or in disaster relief.

Where the request of the Government of the Hong Kong Special Administrative Region is approved by the Central People’s Government,
the Hong Kong Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of
assistance in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to
their barracks immediately.

The troops of the Hong Kong Garrison who are called out to assist in the maintenance of public order or in disaster relief shall,
under the arrangement of the Government of the Hong Kong Special Administrative Region, be commanded by the Commander of the Hong
Kong Garrison or the officer authorized by him.

Members of the Hong Kong Garison may exercise the powers conferred by the laws of the Hong Kong Special Administrative Region in the
course of rendering assistance in the maintenance of public order or in disaster relief.

   Article 15 The Hong Kong Garrison and the Governemnt of the Hong Kong Special Administrative Region shall establish necessary liaison to deal
with matters concerning the Hong Kong Garrison through consultation.

CHAPTER IV OBLIGATIONS OF THE DISCIPLINE FOR MEMBERS OF THE HONG KONG

   Article 16 Members of the Hong Kong Garrison shallfulfill the following obligations:

(1) to be loyal to their motherland, perform their functions and responsibilities, maintain the security, honour and interests of
their motherland, and safeguard the security of Hong Kong;

(2) to abide by national laws and the laws of the Hong Kong Special Administrative Region, and observe military discipline;

(3) to respect the organs of political power, the social system and the ways of life of the Hong Kong Special Administrative Region;

(4) to cherish the public property of the Hong Kong Special Administrative Region and the private property of Hong Kong residents
and other persons; and

(5) to observe public ethics and cultivate civility and courtesy.

   Article 17 Members of the Hong Kong Garrison shall not join any political, religious or social organization in Hong Kong.

   Article 18 The Hong Kong Garrison or its members shall not engage in any form of profit-making business activities. Members of the Hong Kong
Garrison shall not engage in any other activity incompatible with their functions and responsibilities as servicemen.

   Article 19 Any member of the Hong Kong Garrison who contravenes any national law or law of the Hong Kong Special Administrative Region shall
be investigated for legal responsibility according to law.

Any member of the Hong Kong Garrison who breaches military discipline shall be subject to disciplinary sanction.

CHAPTER V JUDICIAL JURISDICTION OVER MEMBERS OF THE HONG KONG GARRISON

   Article 20 Criminal offences committed by members of the Hong Kong Garrison shall be under the jurisdiction of the military judicial organs;
but offences which are committed by members of the Hong Kong Garrison when not performing their official duties and in such violation
of the personal right or property right of Hong Kong residents or other persons who are not of the Hong Kong Garrison or otherwise
in such contravention of the laws of the Hong Kong Special Administrative Region as to constitute crimes, shall be subject to the
jurisdiction of the courts and the relevant law-enforcing organs of the Hong Kong Special Administrative Region.

The military judicial organ and the court or the relevant law-enforcing organ of the Hong Kong Special Administrative Region may transfer
to the other party the criminal cases of members of the Hong Kong Garrison under their respective jurisdiction if they consider it
to be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation.

Hong Kong residents or other persons not of the Hong Kong Garrison involved as defendants in the criminal cases of members of the
Hong Kong Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Hong Kong Special Administrtive
Region.

   Article 21 Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Hong Kong Special Administrative Region,
once confirmed upon investigation to be a member of the Hong Kong Garrison, shall be handed over to the Hong Kong Garrison for custody.
Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of
this Law.

   Article 22 Any member of the Hong Kong Garrison sentenced by a court of the Hong Kong Special Administrative Region to criminal punishment which
deprives him of or restricts his personal freedom shall be delivered for sentence enforcement according to the provisions of the
laws of the Hong Kong Special Administrative Region, except for the case in which the place of sentence enforcement is otherwise
determined by a relevant law- enforcing organ of the Hong Kong Special Administrative Region and the military judicial organ through
consultation.

   Article 23 Where any member of the Hong Kong Garrison, in contravention of the laws of the Hong Kong Special Administrative Region, infringes
the civil rights of any Hong Kong resident or other person not of the Hong Kong Garrison, the parties concerned may seek settlement
through consultation or mediation; if they are unwilling or fail to reach settlement through consultation or mediation, the infringed
party may bring an action in the court. Cases of tort arising from acts committed by members of the Hong Kong Garrison when not performing
their official duties shall be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region; cases of
tort arising from acts committed by members of the Hong Kong Garrison when performing their official duties shall be subject to the
jurisdiction of the Supreme People’s Court of the People’s Republic of China, and compensation for any loss or injury incurred by
acts of tort shall be governed by the laws of the Hong Kong Special Administrative Region.

   Article 24 Where any contractual dispute arises within the Hong Kong Special Administrative Region between any organ or unit of the Hong Kong
Garrison and any Hong Kong resident or other person not of the Hong Kong Garrison, the parties concerned may settle their dispute
through consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they
may submit the dispute to the arbitration agency for arbitration in accordance with the arbitration clause contained in the contract
or with a written arbitration agreement reached by the parties afterwards. If no arbitration clause is contained in the contract
and no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Hong Kong Special
Administrative Region, except that the parties agree otherwise as to the court for instituting proceedings.

   Article 25 Certificates issued by the Hong Kong Garrison regarding facts such as identity of membership of the Hong Kong Garrison and acts in
performance of official duties shall be valid evidence in proceedings in the courts of the Hong Kong Special Administrative Region,
unless the contrary is proved.

   Article 26 Acts of State of the Hong Kong Garrison such as defence affairs shall not be subject to the jurisdiction of the courts of the Hong
Kong Special Administrative Region.

   Article 27 Organs or units of the Hong Kong Garrison shall comply with the judgments or orders issued by the courts of the Hong Kong Special
Administrative Region concerning arrangement of their property; but the said courts shall not enforce judgments or orders on any
weapon, equipment, material or other property of the Hong Kong Garrison.

   Article 28 The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant law- enforcing
organs of the Hong Kong Special Administrative Region, 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 force a of July 1, 1997.

    






MEASURES FOR THE IMPLEMENTATION OF SEPARATION OF PENALTY DECISIONS FROM COLLECTION OF PENALTY PAYMENTS

Category  FINANCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-11-17 Effective Date  1998-01-01  


Measures for the Implementation of Separation of Penalty Decisions From Collection of Penalty Payments



(Promulgated by Decree No. 235 of the State Council of the People’s

Republic of China on November 17, 1997)

    Article 1  These Measures are formulated in accordance with the
Administrative Penalty Law of the People’s Republic of China(hereinafter
referred to as the Administrative Penalty Law) for the purpose of effecting
separation of penalty decisions from collection of penalty payments, stepping
up supervision over penalty collection activities and ensuring timely turning
over the penalty payments to the state treasury.

    Article 2  These Measures shall be applicable to the collection,
payment and related activities of penalties.

    Article 3  Administrative organs making penalty decisions shall be
separated from agencies collecting penalty payments; however, those which
may collect on-site penalty payments pursuant to the provisions of the
Administrative Penalty Law are excluded.

    Article 4  Penalty payments must be turned over to the state treasury in
total. No administrative organ, organization or individual shall intercept and
retain, divide among themselves or divide among themsleves the payments in
disguised form.

    Allocation of funds required for law enforcement by administrative organs
shall be made pursuant to relevant state provisions.

    Article 5  Commercial banks and credit unions approved by the People’s
Bank of China for agency business of collection and payment(hereinafter
referred to as the collection agencies) may operate business of collection
of penalty payments.

    Specific collection agencies shall be jointly studied and unifiedly
determined by the departments of finance at the corresponding levels, local
branches or sub-branches of the People’s Bank of China and administrative
organs with powers of administrative penalty in accordance with law organized
by local people’s governments at or above the county level. In the case of such administrative organs as the customs and foreign
exchange control
which practise vertical chain of command and have powers of administrative
penalty in accordance with law making penalty decisions, specific collection
agencies shall be determined by the Ministry of Finance and the People’s
Bank of China in conjunction with the departments concerned under the
State Council. In the case of the departments concerned under the State
Council with powers of administrative penalty in accordance with law to
make penalty decisions, specific collection agencies shall be determined by
the Ministry of Finance and the People’s Bank of China.

    Collection agencies should have adequate networks and points to
facilitate the payment of penalties by parties interested.

    Article 6  Administrative organs shall, pursuant to these Measures and
relevant provisions of the State, sign an agreement for the collection of of penalty payments with collection agencies.

    The agreement for the collection of penalty payments shall include the
following particulars:

    (1)Names of the administrative organ and the collection agency;

    (2)Specific collection networks and points;

    (3)Budget item and budget grade of the collection agency turning over the
penalty payments to the state treasury;

    (4)The mode and time period of the collection agency to inform the
administrative organ of the status on collection of penalty payments; and

    (5)other matters which require to be expressly defined.

    An administrative organ shall, within 15 days from the date of the
conclusion of the agreement on penalty collection, submit the agreement on
penalty collection to the administrative organ at the next higher level and
the department of finance at the corresponding level for the record; the
collection agency shall submit the agreement on penalty collection to the
People’s Bank of China or its local branch for the record.

    Article 7  The letter of decision on administrative penalty of an
administrative organ making the penalty decision shall expressly carry
such items as the name and address of the collection agency and the amount
payable by the party interested and the time period, and shall make it clear
whether additional penalty shall be imposed in the case of the party
interested to effect penalty payment on expiry of the time period.

    The party interested shall, in accordance with the amount of penalty
and the time period determined by the letter of decision on administrative
penalty, effect the payment of the penalty at the designated collection
agency.

    Article 8  A collection agency shall issue a receipt of penalty payment
to the party interested for the collection of penalty payment.

    The format and printing of the receipt of penalty payment shall be
determined by the Ministry of Finance.

    Article 9  In the case of the party interested effecting payment of penalty on expiry of the time period when the letter of decision
on
administrative penalty has made it clear that additional penalty shall be
imposed, the collection agency shall collect additional penalty payment
pursuant to the letter of decision on administrative penalty.

    The party interested shall, in the event of having objections to the
additional penalty, first effect the payment of penalty and additional
penalty, then apply to the administrative organ making the decision on
administrative penalty for reconsideration in accordance with law.

    Article 10  A collection agency shall, pursuant to the mode and time
period provided for in the agreement on the collection of penalty payments,
inform the administrative organ making the decision on administrative penalty
in writing of the name or post_title of the party interested, the amount and time
of penalty paid.

    Article 11  Collection agencies shall, pursuant to the Administrative
Penalty Law and relevant state provisions, directly turn over the penalty
payments collected to the state tresury.

    Article 12  The state treasury shall, pursuant to the provisions of the
Regulations of the People’s Republic of China on the State Treasury, check
the account with the Ministry of Finance and the administrative organs
at regular intervals to insure that the penalty payments collected and the
amount of penalties turned over to state treasuries coincide./// tally

    Article 13  Collection agencies shall facilitate the payment of penalties
by parties interested in such areas as collection networks and points,
business hours, services facilities and formalities of payment.

    Article 14  Departments of finance shall pay service fees to collection
agencies. The specific rates shall be determined by the Ministry of Finance.

    Article 15  These Measures shall be applicable to penalty decisions
made in accordance with law and penalty payments collection by organizations
having the functions of managing public affairs authorized by laws and
regulations and by organizations with entrustment in accordance with law.

    Article 16  The Ministry of Finance shall, in conjunction with the
People’s Bank of China, organize the implementation of these Measures.

    Article 17  These Measures shall enter into force as of January 1, 1998.  






DECISION OF THE STATE COUNCIL ON AMENDING THE REGULATIONS FOR THE ADMINISTRATION OF WATER TRANSPORT

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-12-03 Effective Date  1997-12-03  


Decision of the State Council on Amending the Regulations of the People’s Republic of China for the Administration of Water Transport


APPENDIX: REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE
Chapter I  General Provisions
Chapter II  Administration of Profit-Making Water Transport
Chapter III  Penalty Provisions
Chapter IV  Supplementary Provisions

(Promulgated by Decree No. 237 of the State Council of the People’s

Republic of China on December 3, 1997)

    The State Council has decided to amend the Regulations of the People’s
Republic of China for the Administration of Water Transport as follows:

    1. Article 26 is amended as: “When these Regulations are violated in any
of the following manners, the competent departments for communications of
people’s governments at or above the county level shall impose penalties
respectively according to the following provisions:

    (1) In cases of establishment of water transport enterprises or water
transport service enterprises without approval, or engagement in profit-making
transport by units and individuals other than water transport enterprises
without approval, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 30,000 yuan and not more than RMB 250,000 yuan shall be
imposed.

    (2) In cases of exceeding the scope of business by water transport
enterprises or water transport service enterprises engaged in profit-making
activities, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 20,000 yuan and not more than RMB 200,000 yuan shall be
imposed.

    (3) In cases of violation of relevant state provisions in collecting
freight or service charges, the violator shall be confiscated of the money
collected in violation of the provisions and concurrently imposed a fine not
less than RMB 20,000 yuan and not more than RMB 150,000 yuan.

    (4) In cases of failure to use prescribed transport vouchers and receipts
in carrying out profit-making transport, the offender shall be administered a
warning or imposed a fine not more than RMB 10,000 yuan according to the
seriousness of circumstances.

    (5) In cases of failure to pay the state prescribed fees according to
provisions, the offender shall be ordered to pay the fees within a time limit;
if he/she doesn’t do so within the time limit, the offender shall, in addition
to being ordered to pay the fees unpaid, be imposed a fine not less than 100%
and not more than three times the amount of the fees unpaid; if the
circumstances are serious, the licence may be concurrently suspended.

    (6) In cases of monopolizing sources of freight to force services on
others, the offender shall be imposed a fine not less than RMB 10,000 yuan and
not more than RMB 100,000 yuan; if the circumstances are serious, the licence
may be concurrently suspended or revoked.”

    2. Article 27 is amended as: “If a party does not accept the penalty
decision made by the competent departments for communications, he may apply to
the competent departments for communications at higher levels for
consideration. If he still does not accept the consideration decision made by
the competent departments for communications at higher levels, he may, within
15 days of receipt of the written consideration decision, bring a suit before
people’s courts. If he does not bring a suit nor comply with the penalty
within this period, the competent departments for communications may apply to
the people’s courts for compel enforcement.”

    3. Article 33 is deleted.

    This Decision shall come into effect as of the date of promulgation.

    The Regulations of the People’s Republic of China for the Administration
of Water Transport shall be republished after being revised correspondingly
according to this Decision.

APPENDIX: REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE
ADMINISTRATION OF WATER TRANSPORT
(Promulgated by the State Council on May 12, 1987 and amended in accordance
with the Decision of the State Council on Amending the Regulations of the
People’s Republic of China for the Administration of Water Transport,
promulgated on December 3, 1997)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to improving
administration of water transport, maintaining transportation order, and
raising transportation efficiency.

    Article 2  These Regulations shall apply to all units and individuals
that are engaged in water transport and the related services in the coastal
waters, rivers, lakes and other navigable waters in the People’s Republic of
China.

    Article 3  Water transport is categorized into profit-making transport
and non-profit-making transport.

    The term of profit-making transport refers to passenger transport
(including tourist transport, the same hereafter) and freight transport which
serve the society and involve settling accounts of fees.

    The term of non-profit-making transport refers to transport which serves
the units and individuals themselves and does not involve settling accounts of
fees.

    Article 4  The Ministry of Communications shall be the competent
department responsible for water transport throughout the country. Local
competent departments for communications shall be responsible for the water
transport in their respective regions.

    Local competent departments for communications may set up administrative
agencies for water transport according to actual conditions of water transport
administration.

    Article 5  The principle of multiple operation and management of water
transport by various regions, trades and departments shall be implemented
under the guidance of state plans. Legitimate competition shall be protected
and illegal operation checked.

    Article 6  The units and individuals who are engaged in water transport
and the related services must observe the relevant laws and regulations of
the state as well as the rules concerning water transport promulgated by the
Ministry of Communications.

    Article 7  Before permission is obtained from the Ministry of
Communications of the People’s Republic of China, foreign-capital enterprises,
Chinese-foreign equity joint ventures and Chinese-foreign contractual joint
ventures shall not engage in the operation and management of water transport
in the coastal waters, rivers, lakes and other navigable waters in the
People’s Republic of China.
Chapter II  Administration of Profit-Making Water Transport

    Article 8  The establishment of water transport enterprises and
enterprises for the related services and the engagement in profit-making water
transport by units and individuals other than water transport enterprises
shall be examined and approved by the competent departments for communications
according to the relevant provisions of these Regulations, and based on the
overall balancing conditions of the society’s transportation capacity and
freight volume. The procedures of examination and approval shall be stipulated
by the Ministry of Communications.

    The measures for examining and approving non-profit-making transport by
boats and ships which are likely to have a fairly great bearing on the
administration of water transport shall be separately formulated by the
Ministry of Communications in conjunction with the departments concerned.

    Article 9  Water transport enterprises must meet the following
requirements:

    (1) possessing transport vessels compatible with their scope of business;

    (2) possessing relatively stable source of customers or freight;

    (3) having along the shipping lines for their passenger ships or boats
regular ports (stations) of call with corresponding service facilities, as is
required of passenger-transporters;

    (4) having structural institutions and persons in charge of management;

    (5) possessing their own circulating capital compatible with their
transport business.

    Article 10  To establish water transport service enterprises, it is
necessary to meet the requirement provided for in the fourth paragraph,
Article 9 and possess their own circulating capital compatible with water
transport services.

    Article 11  Units and individuals other than water transport enterprises
that want to engage in profit-making transport must meet the requirements
provided for in the first, second, third and fifth paragraphs of Article 9 and
have definite persons in charge of the work.

    Article 12  Competent departments for communications shall examine and
approve the scope of business of water transport enterprises and other units
and individuals engaged in profit-making transport according to their level of
management, transport capacity and source of customers and freight.

    Article 13  Competent departments for communications shall issue transport
licences to the approved water transport enterprises and other units and
individuals engaged in profit-making transport and shall issue transport
service licences to the approved water transport service enterprises.

    Article 14  The units and individuals that have obtained transport
licences and transport service licences shall apply on the strength of the
licences to the local administrative departments for industry and commerce
for business registration. They may start business only after the applications
have been checked and approved and the business licences issued.

    Article 15  Water transport enterprises, water transport service
enterprises and other units and individuals engaged in profit-making
transport that want to wind up their businesses, shall go through the
necessary formalities at the competent departments for communications and the
administrative departments for industry and commerce.

    Article 16  The Ministry of Communications and the competent departments
for communications of the provinces, autonomous regions and municipalities
directly under the Central Government shall be responsible for the overall
balancing of water transport plans at their respective levels.

    The Ministry of Communications shall, according to state plans, organize
overall balancing of national transport plans for those important materials,
through transport materials and foreign trade materials for which overall
balancing need be conducted. If the plans concern trans-provinces water
transport along the main waterways of the river systems of the Yangtze River,
the Zhujiang River and the Heilongjiang River, the administrative agencies in
charge of water transport sent to these provinces by the Ministry of
Communications shall organize the overall balancing. If the plans concern
water transport within the jurisdiction of the provinces, autonomous regions
and municipalities directly under the Central Government, the competent
departments for communications of these provinces, autonomous regions and
municipalities shall organize the overall balancing.

    Article 17  Water transport enterprises and other units and individuals
engaged in profit-making transport may, in their approved scope of business,
undertake and organize transport of freight and customers outside the
transport plans worked out through overall balancing. No units or individuals
shall maintain regional and departmental blockade to monopolize sources of
customers and freight.

    Article 18  Carriers and consigners of profit-making water freight
transport must conclude transport contracts in accordance with the provisions
of the Economic Contract Law of the People’s Republic of China and Rules for
the Implementation of Contracts for Water Freight Transport.

    Article 19  Water transport enterprises and other units and individuals
engaged in profit-making transport must observe the relevant stipulations of
the state in collecting shipping and additional charges and use the vouchers
and receipts prescribed by the Ministry of Communications.

    Article 20  Self-employed operators (including partnerships, the same
hereafter) engaged in profit-making water transport shall cover vessel
insurance according to the relevant provisions of the state.

    Article 21  Water transport enterprises and other units and individuals
engaged in profit-making transport as well as departments for petroleum,
coal, metallurgy, commerce, supply and marketing, foreign trade, forestry,
electric power, chemical industry and aquatic products must, according to
relevant provisions, provide statistical information concerning profit-making
and non-profit-making transport to competent departments for communications
and departments in charge of statistics.

    Article 22  Water transport service enterprises shall not monopolize
sources of freight to force services on others, neither shall service charges
go beyond the prescribed standards.

    Article 23  Civil seaports or civil river ports shall provide harbour
facilities and related services to transport vessels in accordance with the
state provisions and plans concerning administration of harbours.

    Vessels entering and leaving harbours must observe harbour regulations and
subject themselves to harbour administration.

    Water transport enterprises and other units and individuals engaged in
profit-making transport may, on voluntary basis, conclude business procuration
contracts with harbour enterprises according to relevant provisions.

    Article 24  Water transport enterprises and other units and individuals
engaged in profit-making transport must pay taxes, prescribed fees
(harbour-dues, vessel berthage, navigational lane tolls) and transport
management fees. Units and individuals engaged in non-profit-making transport
must pay the necessary fees prescribed by the state.

    The procedures for calculation and collection of prescribed fees and
transport management fees shall be formulated by the Ministry of
Communications in conjunction with the relevant competent departments under
the State Council.

    Article 25  Units owned by the whole people and units owned by collectives
and self-employed boatmen that are engaged in water transport enjoy the
protection of state laws over their legitimate rights and interests. No units
and individuals shall illegally collect fees from or apportion expenses among
them.
Chapter III  Penalty Provisions

    Article 26  When these Regulations are violated in any of the following
manners, the competent departments for communications of people’s governments
at or above the county level shall impose penalties respectively according to
the following provisions:

    (1) In cases of establishment of water transport enterprises or water
transport service enterprises without approval, or engagement in profit-making
transport by units and individuals other than water transport enterprises
without approval, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 30,000 yuan and not more than RMB 250,000 yuan shall be
imposed.

    (2) In cases of exceeding the scope of business by water transport
enterprises or water transport service enterprises engaged in profit-making
activities, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 20,000 yuan and not more than RMB 200,000 yuan shall be
imposed.

    (3) In cases of violation of relevant state provisions in collecting
freight or service charges, the violator shall be confiscated of the money
collected in violation of the provisions and concurrently imposed a fine not
less than RMB 20,000 yuan and not more than RMB 150,000 yuan.

    (4) In cases of failure to use prescribed transport vouchers and receipts
in carrying out profit-making transport, the offender shall be administered a
warning or imposed a fine not more than RMB 10,000 yuan according to the
seriousness of circumstances.

    (5) In cases of failure to pay the state prescribed fees according to
provisions, the offender shall be ordered to pay the fees within a time limit;
if he/she doesn’t do so within the time limit, the offender shall, in addition
to being ordered to pay the fees unpaid, be imposed a fine not less than 100%
and not more than three times the amount of the fees unpaid; if the
circumstances are serious, the licence may be concurrently suspended.

    (6) In cases of monopolizing sources of freight to force services on
others, the offender shall be imposed a fine not less than RMB 10,000 yuan and
not more than RMB 100,000 yuan; if the circumstances are serious, the licence
may be concurrently suspended or revoked.

    Article 27  If a party does not accept the penalty decision made by the
competent departments for communications, he may apply to the competent
departments for communications at higher levels for consideration. If he still
does not accept the consideration decision made by the competent departments
for communications at higher levels, he may, within 15 days of receipt of the
written consideration decision, bring a suit before people’s courts. If he
does not bring a suit nor comply with the penalty within this period, the
competent departments for communications may apply to the people’s courts for
compel enforcement.

    Article 28  Violations of these Regulations punishable in accordance
with the provisions concerning administration of public security shall be
handled by public security organs. If crimes are committed, the judicial
organs shall pursue the criminal liabilities according to law.

    Article 29  If administrative personnel for water transport violate these
Regulations, the competent departments for communications shall give
administrative sanctions or economic penalties.
Chapter IV  Supplementary Provisions

    Article 30  The following terms used in these Regulations are defined as
follows:

    “Water transport enterprises” refers to the enterprises which are
specially engaged in profit-making water transport.

    “Water transport service enterprises” refers to the enterprises which go
through formalities concerning transport, handle transfer of goods and
organize sources of freight on behalf of customers; through transport service
enterprises which serve mixed means of transport are not included.

    Article 31  These Regulations shall not apply to international water
transport and water transport by raft.

    Article 32  The water transport enterprises, water transport service
enterprises and other units and individuals engaged in profit-making
transport that already started business before the promulgation of these
Regulations shall, within 180 days of the promulgation, make a deferred
application for approval. The competent departments for communications
shall order those that fall short of the necessary requirements for starting
business to cease or to get reorganized within a certain time limit. If the
reorganization proves ineffective, their business licences shall be revoked
by the competent departments for industry and commerce.

    Article 33  These Regulations shall go into effect on October 1, 1987.






CIRCULAR OF THE STATE COUNCIL CONCERNING THE QUESTION OF LOCAL TAX AUTHORITIES MANAGEMENT SYSTEM

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-10-21 Effective Date  1997-10-21  


Circular of the State Council Concerning the Question of Local Tax Authorities Management System



(October 21, 1997)

    Since the implementation of separate establishment of tax authorities
in 1994, industry and commerce tax collection has all along maintained a
rather high growth rate, and the new fiscal taxation system has been
consolidated and perfected. Comprehensive progress has been made in local
tax collection which has played an important role in guaranteeing local
financial revenues and promoting local economic development. However, lately
the question of banging the uniform state tax law and interfering in tax
collection law enforcement in a number of localities has come to the fore;
there has been drastic inflation in the staff of local tax authorities, and
the management system has not been standardized. Such state of affairs,
if allowed to continue, will adversely affect the further deepening of reform of the fiscal taxation system and promoting taxation
levying and
management reform and the construction of of local tax authorities.

    For the purpose of strengthening the leadership over local tax
authorities, standardizing and perfecting local tax authorities management
system, the relevant questions are hereby notified as follows:

    I.The management system of dual leadership of local tax bureaus under
the provinces, autonomous regions and municipalities under the Central
Government by the tax authority at the next higher level and the government
at the corresponding level with vertical leadership by the tax authority
at the next higher level as the key link shall be practised, that is,
the establishment of offices, cadre management, personnel organization
and expenditures of local tax bureaus of prefectures, municipalities and
counties(municipalities) shall be under the vertical management of local
tax authorities of the provinces(autonomous regions and municipalities
directly under the Central Government) wherein those offices are located.

    II.To guarantee independent law enforcement by local tax authorities,
no local financial authorities shall be amalgamated with the tax authorities;
where the amalgamation has already take place, a rectification shall be
made at once.

    III.People’s governments of all provinces, autonomous regions and
municipalities directly under the Central Government must strengthen
leadership over local tax authorities, attach importance to the building
of local tax authorities and take strong measures to safeguard and enhance
the position of local tax authorities in independent law enforcement.

    Upon transmission of this Circular, wherever past relevant stipulations
are inconsistent with the spirit of this Circular, this Circular shall
prevail in all cases.






PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF ROAD TRANSPORTATION OF DANGEROUS GOODS OF BUSINESS NATURE

Procedures of Shanghai Municipality on the Administration of Road Transportation of Dangerous Goods of Business Nature

     PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF ROAD TRANSPORTATION OF DANGEROUS GOODS OF BUSINESS NATURE

(Effective Date:1997.09.01–Ineffective Date:)

CHAPTER I GENERAL PROVISIONS CHAPTER II QUALIFICATION ADMINISTRATION CHAPTER III VEHICLE ADMINISTRATION CHAPTER IV ADMINISTRATION
OF OPERATION CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 1 (Purpose and Basis)

The Present Procedures are formulated in accordance with the “Regulations of Shanghai Municipality on the Administration of Road Transportation”
and the relevant provisions of the State as well as the actual specific circumstances of this Municipality in order to strengthen
the administration of road transportation of dangerous goods in this Municipality and to ensure the safety of transportation.

   Article 2 (Definition)

Dangerous goods as defined in the present Procedures refer to goods that are explosive, inflammable, poisonous, erosive or radioactive
in nature and need special care in the course of transportation, loading and unloading as they are likely to cause injury and death
to persons and damages to property.

   Article 3 (Classification of Dangerous Goods)

According to their difference in nature, dangerous goods may be classified as explosives, compressed gas and liquefied gas, inflammable
liquid, inflammable solids, self-combustibles, goods that become inflammable when wet, oxidizers, organic peroxides, poisonous goods,
infectious goods, erosive goods, and radioactive articles.

   Article 4 (Scope of Application)

The present Procedures are applicable to road transportation of dangerous goods of a business nature (including loading and unloading
of dangerous goods and rendering services to road transportation of dangerous goods) within the administrative areas of this Municipality,
and related administrative activities thereof.

   Article 5 (Administrative Departments)

The Communications Office of the People’s Government of Shanghai Municipality (hereinafter referred to as the “Municipal Communications
Office”) is the municipal department responsible for the administration of road transportation of dangerous goods of a business nature
(including loading and unloading of dangerous goods and rendering services to road transportation of dangerous goods) while its subordinate,
the Administrative Section of Land Transportation of the Shanghai Municipality (hereinafter referred to as the “Municipal Land Transportation
Section”) shall take charge of the specific administrative work.

The responsible administrative departments of communications in districts and counties and their subordinates, the Administrative
Subsection of Land Transportation (hereinafter referred to as “District (County) Land Transportation Subsection”) shall be responsible
for the administration of road transportation of dangerous goods of a business nature (including loading and unloading of dangerous
goods and rendering services to road transportation of dangerous goods within their jurisdiction.

The departments of public security, industry and commerce, taxation, price control, labor, environmental protection, civil defense
and public health shall, in accordance with their respective duties and responsibilities, work in cooperation to ensure good administration
of road transportation of dangerous goods (including loading and unloading of dangerous goods and rendering services to road transportation
of dangerous goods) in this Municipality.

   Article 6 (Supervision and Inspection)

The administrative personnel of the Municipal Land Transportation Section and the District (County) Land Transportation Subsection
may enter the premises of business units and the site of operation concerned for inspection.

Units or individual persons engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods
and rendering services to road transportation of dangerous goods) shall conscientiously submit themselves to the inspection of traffic-law-
enforcing personnel, report the conditions as they really are, and provide relevant datum.

CHAPTER II QUALIFICATION ADMINISTRATION

   Article 7 (Qualifications for Units Engaged in Road Transportation of Dangerous Goods)

Units engaged in road transportation of dangerous goods of a business nature shall possess the following qualifications:

1. Possessing ten or more specialized vehicles for road transportation of dangerous goods and more than five years’ experience of
operation of in road transportation of goods;

2. Having adequate parking space appropriate to their business scale;

3. Having special equipment for cleaning vehicles and removing contamination by dangerous goods;

4. Having competent technical and safety control personnel;

5. Fire-fighting equipment for dangerous goods transportation vehicles, containers, loading and unloading machinery, accessories and
tools, and the parking lots meet the relevant requirements of the State;

6. Having qualified drivers, loaders and business management personnel who have undergone vocational training and have passed the
tests;

7. Having sound rules of safe operation and a sound system of vehicle and equipment maintenance; and

8. Other requirements as prescribed by rules and regulations.

   Article 8 (Qualifications for Units Engaged in Loading and Unloading of Dangerous Goods)

Units engaged in business activities of loading and unloading dangerous goods shall possess the following qualifications:

1. Having more than 5 years’ experience in loading and unloading of goods;

2. Having loading and unloading machinery, accessories and tools appropriate to their business scale, and safety protecting measures
and equipment;

3. Having competent technical and safety control personnel;

4. Having qualified loaders and business management personnel who have undergone vocational training and passed the tests;

5. Having sound rules of safe operation and a sound system of loading and unloading machinery maintenance;

6. Other requirements as prescribed by rules and regulations.

   Article 9 (Qualifications for Service Units in Connection with Road Transportation of Dangerous Goods)

Units providing services of a business nature to road transportation of dangerous goods shall meet the following requirements:

1. Having a fixed place for business;

2. Having more than 5 years’ experience in providing services to road transportation of goods;

3. Having qualified business personnel who have undergone vocational training and passed the tests;

4. Having more than 30 square meters of special warehouse that meets fire control requirements if they are to pack dangerous goods
and consign them to shipment for their owners; and

5. Other requirements as prescribed by rules and regulations.

   Article 10 (Documents to Be Submitted When Applying for Road Transportation of Dangerous Goods)

Units applying for road transportation of dangerous goods as a business shall submit the following documents:

1. Application;

2. Document certifying business scale and experience in read transportation of goods;

3. Documents certifying the availability of parking space;

4. Plane figures of special facilities for cleaning vehicles and removing contamination of dangerous goods;

5. List of technical and safety control personnel;

6. Driving licenses of vehicles and datum of vehicles and equipment (including operation licenses and certificates of inspection issued
by labor departments for vehicles with pressure tanks if there are any);

7. Certificates of qualification of drivers, loaders and business management personnel who have undergone training and passed the
tests;

8. Relevant texts concerning rules and regulations of management system;

9. Documents of approval issued by public security departments for engagement in road transportation of dangerous goods that are inflammable,
explosive, highly poisonous or radioactive; and

10. Other materials as prescribed by rules and regulations.

   Article 11 (Documents to Be Submitted When Applying for Loading and Unloading of Dangerous Goods)

Units applying for engaging themselves in business activities of loading and unloading dangerous goods shall submit the following
documents:

1. Application;

2. Documents certifying experience in loading and unloading goods;

3. Documents stating the loading and unloading machinery, accessories and tools; safety control measures and datum of safety control
apparatus;

4. Lists of technical and safety control personnel;

5. Certificates of qualification of loaders and business management personnel who have undergone training and passed the tests;

6. Relevant texts concerning rules and regulations of management; and

7. Other materials as prescribed by rules and regulations.

   Article 12 (Documents to Be Submitted When Applying for Service Activities of Road Transportation of Dangerous Goods)

Units applying for engaging themselves in business activities of servicing road transportation of dangerous goods shall submit the
following documents:

1. Documents certifying business sites;

2. Documents certifying experience in servicing road transportation of goods;

3. Certificates of training, test and qualification of business personnel; and

4. Other materials as prescribed by rules and regulations.

Those who act and consign dangerous goods to shipment for their owners shall submit, in addition, a plane figure of warehouse and
facilities as well as documents of approval issued by public security departments.

   Article 13 (Acceptance, Examination and Approval of Application)

Units that are to be engaged in business activities of road transportation of dangerous goods (including loading and unloading of
dangerous goods and rendering services to road transportation of dangerous goods) shall submit, in advance, an application to the
Municipal Land Transportation Section, which shall submit a statement of its opinions, of preliminary examination, to the Municipal
Communications Office for approval.

Authorities of examination and approval shall, within 30 days after reception of application, make a decision. Certificates for road
transportation of dangerous goods (including licenses for road transportation of dangerous goods, certificates for road transportation
of dangerous goods) and certificates for operation of road transportation of dangerous goods shall be issued to those units that
meet the requirements; and a written decision of disapproval shall be given to those units that fail to meet the requirements.

   Article 14 (Registration With industry and Commerce Departments and Taxation Departments)

Units approved to be engaged in the business activities of road transportation of dangerous goods (including loading and unloading
of dangerous goods and services to road transportation of dangerous goods) shall complete, with the license for road transportation
of dangerous goods, at the industry and commerce departments and taxation departments of the district or county in which they are
located relevant formalities before start in business.

   Article 15 (Scope of Business)

Units approved to be engaged in the business activities of road transportation of dangerous goods (including loading and unloading
of dangerous goods and rendering services to road transportation of dangerous goods) shall complete their business operation within
the approved scope of business.

   Article 16 (Alteration and Winding-up of Business)

In case a business unit engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods and
services rendered to road transportation of dangerous goods) need to have a merger or split-up, or alteration of vehicle models or
the number of vehicles, they shall submit, in advance, an application to the original departments of approval and go through the
same procedures and formalities for examination and approval of application as the original. In case the said unit wants to move
to another place or change its name, it shall, within 10 days upon completing formalities of alteration with relevant departments,
report to the original departments of examination and to approval to file it for the record.

In case the business units engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods and
rendering services to road transportation of dangerous goods) want to close down business, they shall apply to the original departments
of examination and approval, hand in for cancellation the relevant documents and receipts, and go through the formalities of business
winding up with the industry and commerce departments and taxation departments.

   Article 17 (Annual Examination)

The Municipal Land Transportation Section and District (County) Land Transportation Subsection shall undertake an annual examination
of the qualifications of business units engaged in road transportation of dangerous goods (including loading and unloading of dangerous
goods and rendering services to road transportation of dangerous goods.) Only those units that have passed the examination shall
be allowed to continue business.

CHAPTER III VEHICLE ADMINISTRATION

   Article 18 (Examination and Approval of Application of Purchase of Vehicles)

In case business units engaged in road transportation of dangerous goods need to purchase freight motor vehicles, they shall submit
an application to the Municipal Land Transportation Section and shall only purchase the vehicles after the application is approved.

   Article 19 (Technical Specifications of Vehicles and Safety Requirements for Facilities and Containers)

Vehicles engaged in transportation of dangerous goods must meet the requirements prescribed by the State regulations with respect
to technical administration of motor vehicle transportation.

Pressure tanks (troughs) for transportation of dangerous goods must meet the safety requirements prescribed by the State and the labor
departments of this Municipality with respect to facilities.

Safety requirements with respect to normal pressure tanks (troughs) for transportation of dangerous goods shall be prescribed by the
Municipal Communications Office separately.

   Article 20 (Vehicles Symbols)

Vehicles engaged in transportation of dangerous goods must carry symbols for special use, which shall be printed and issued uniformly
by the Municipal Land Transportation Section.

   Article 21 (Repair, Refitting and Examination of Vehicles)

Vehicles engaged in transportation of dangerous goods shall receive maintenance in accordance with the prescribed period and requirements.

Vehicles engaged in transportation of dangerous goods that need repair or refitting with respect to some special parts affecting safety
of operation shall be sent to garages qualified for repair of such vehicles.

Vehicles engaged in transportation of dangerous goods shall receive comprehensive examination with respect to their technical performance
in accordance with relevant regulations of the State and this Municipality. Only those vehicles that have passed such examination
shall be allowed to continue transportation.

   Article 22 (Use of Vehicles and Containers Prohibited by Law)

Vehicles and containers are prohibited from carrying dangerous goods under any one of the following circumstances:

1. The total mileage of the vehicle exceeds 400,000 kilometers or the vehicle has been in use for 10 years;

2. The technical performance of the vehicle is below the standards of second-class vehicles; or

3. The technical performance or the container does not meet the requirements prescribed in Article 19 of the present Procedures.

CHAPTER IV ADMINISTRATION OF OPERATION

   Article 23 (Standards for the Consignment of Dangerous Goods for Shipment)

Consignors shall consign for shipment of dangerous goods to units legally qualified to be engaged in such business and complete the
formalities of consignment in accordance with the requirements of the “Rules on Transportation of Dangerous Goods by Motor Vehicles”
enacted by the Ministry of Communications.

In case of consignment for shipment of dangerous goods that the consignor has to show certificates of permission for transportation
according to the stipulations of the State, certificates of promotion for transportation shall be submitted.

   Article 24 (Standards for Acceptance of Dangerous Goods for Transportation)

When accepting dangerous goods for road transportation, the carrier or shipping agent must verify the consignment forms filled and
relevant datum provided by the consignor.

Carriers or shipping agents shall not transfer business of road transportation of dangerous goods they have accepted to units not
legally qualified to be engaged in such business.

When accepting the following dangerous goods for road transportation, the carrier or shipping agent shall, three days before starting
shipment, submit to the Municipal Land Transportation Section a report of the names and amounts of the dangerous goods to be transported
and the routes and dates of transportation. In emergency cases, such report shall be submitted to the Municipal Land Transportation
Section at the same time the shipping starts.

1. Explosives;

2. Poisonous goods;

3. Organic peroxides that require temperature control;

4. Radioactive materials; or

5. Highly dangerous goods to be transported in pressure tanks. (troughs)

   Article 25 (Training of Personnel Engaged in the Business)

Drivers, loaders, technical administrative personnel and business personnel engaged in business activities of road transportation
of dangerous goods (including loading and unloading of dangerous goods and rendering services to road transportation of dangerous
goods) shall undergo training in relevant laws and regulations, professional ethics and technical matters organized by communications,
public security and labor departments of this Municipality. They may take up their post at work only after passing the tests and
obtaining relevant qualification certificates.

   Article 26 (Certificates to Be Carried by Drivers and Loaders)

Drivers engaged in business activities of road transportation of dangerous goods shall carry with their vehicles certificates for
road transportation of dangerous goods as well as bearing the special seal for road transportation of dangerous goods as well as
operational certificates for road transportation of dangerous goods. Loaders of dangerous goods shall carry with them operational
certificates for road transportation of dangerous goods.

   Article 27 (Standards for Transporting and Loading Operation)

When transpiration or loading and unloading dangerous goods, drivers and loaders shall, in accordance with the State rules of operation
in road transportation, loading and unloading of dangerous goods, and, in the light of the nature of the goods, take corresponding
measures to keep out the sun from the goods, control the temperature, prevent the goods from explosion, fire, shock, water or frostbite,
prevent powder form flying up and prevent goods form scattering or leaking.

No unit or individual person shall be allowed to have combined loading of different goods in one piece cargo, load bulk cargo in a
mixed way, or overload the vehicles without authorization when transpiration dangerous goods.

   Article 28 (Driving and Parking of Vehicles)

Vehicles transporting dangerous goods shall travel in accordance with prescribed time, route and areas.

In the course of transporting dangerous goods, vehicles shall not park in denselypopulated areas, with government institutions, stores,
schools, theaters, cinemas, business centers, residential areas and tourist spots.

Vehicles carrying inflammable goods must not go near unshielded fire or hightemperature spots.

   Article 29 (Handing Over of Goods)

The consignor or shipper shall hand over the goods to the carrier in accordance with the “Rules on the Transportation of Dangerous
Goods by Motor Vehicles” enacted by the Ministry of Communications.

Consignment or loading of goods shall be prohibited in any one of the following circumstances:

1. Transporting vehicles are not qualified to carry dangerous goods;

2. The dangerous goods to be loaded do not conform in name, amount or specifications to those listed in the dispatch list or the bill
of lading;

3. The packing or the container for the dangerous goods does not meet the prescribed requirements, or is found to be damage or leaking;

4. Goods that become inflammable when wet already have water stains or traces of having been exposed to rain;

5. There are no dangerous goods symbols on the packing or the marks are indistinct;

6. Requirements on loading (including combined loading and mixed loading) of dangerous goods are not met.

   Article 30 (Rules on the Prohibition of Transportation)

Trailers, motorized tricycles, motorcycles and non-motorized vehicles are prohibited from transporting explosives, first-class oxidizers,
or organic peroxides.

Tractors are prohibited from transporting compressed gas, liquefied gas, first-class inflammables, explosives, first-class oxidizers,
or organic peroxides.

Automatic unloading vehicles are prohibited from transporting any dangerous goods except second-class solid dangerous goods.

Vehicles with tanks (whose volume is above 400 liters, similarly hereinafter) that have failed to pass the qualification tests are
prohibited from transporting dangerous goods.

   Article 31 (Restrictions on Carriers)

Self-employed workers engaged in transportation business are prohibited from transporting dangerous goods that are inflammable, explosive,
highly poisonous or radioactive.

Carrier units from other provinces or cities but stationed in Shanghai are prohibited from road transportation of dangerous goods
of a business nature.

   Article 32 (Statistical Report of Transportation)

Units engaged in business activities of road transportation of dangerous goods (including loading and unloading of dangerous goods
and rendering services to road transportation of dangerous goods) shall, in accordance with the provisions of laws and regulations,
report statistical date to the Municipal Land Transportation Section or the District (County) Land Transportation Subsection.

   Article 33 (Administration of Vehicles Entering Shanghai from Provinces and Other Municipalities)

Vehicles transporting dangerous goods from other provinces or cities that take Shanghai as place of destination must carry certificates
of approval for transportation issued by the local public security departments at the level of county or above, and a license for
road transportation of dangerous goods as well as certificates for road transportation of dangerous goods issued by the local communications
departments. In case explosives are involved, they must carry, in addition to the above-mentioned documents, a certificate of approval
for transportation issued by the public security departments of this Municipality.

Passing vehicles transporting dangerous goods from provinces or cities other than Shanghai that need to stop in Shanghai shall park
in parking lots that meet the requirements of safety fire control and are approved by the Municipal Land Transportation Section or
the District (County) Land Transportation Subsection.

   Article 34 (Reporting and Handling of Transportation Accidents)

When accidents happen in road transportation of dangerous goods, the drivers and loaders shall adopt timely emergency self-help measures
to prevent the accident from spreading, and report the accident timely to the Municipal Land Transportation Section or the District
(County) Land Transportation Subsections well as to the local public security departments and civil defense departments.

The Municipal Land Transportation Section and the District (County) Land Transportation Subsection shall cooperate with the public
security and civil defense departments in handling accidents in road transportation of dangerous goods, and inform timely the administrative
departments of communications of the place where the vehicle is registered of the handling of the accident.

   Article 35 (Administrative Penalty)

Violations of the provisions of the present Procures by units or individual persons engaged in business activities of road transportation
dangerous goods (including loading and unloading of dangerous goods and rendering services to road transportation of dangerous goods)
shall be penalized by the Municipal Land Transportation Section or the District (County) Land Transportation Subsection in accordance
with the following stipulations:

1. Those who engage in business activities of road transportation of dangerous goods (including loading and unloading of dangerous
goods and rendering services to road transportation of dangerous goods) without approval shall be penalized by confiscation of the
unlawful gains and a fine of one to three times the said gains or a fine of RMB 2,000 to 50,000.

2. Those who engage in business activities exceeding the approved scope without approval shall be penalized by confiscation of the
unlawful gains and a fine RMB 500 to 10,000.

3. Drivers not carry with their vehicles certificates for road transportation of dangerous goods or operational certificates for road
transportation of dangerous goods, and loaders not carrying with them operational certificates for road transportation of dangerous
goods shall, in the light of the seriousness of the case, be given a disciplinary warning and be fined RMB 100 to 300.

4. Those who engage in forgery, lending or selling of special seals for road transportation of dangerous goods, certificates for road
transportation of dangerous goods or operational certificates for road transportation of dangerous goods shall be penalized by confiscation
of illegal seals and certificates and a fine of RMB 2,000 to 10,000.

5. Vehicles transporting dangerous goods that do not bear special vehicle in accordance with regulations shall, in the light of the
seriousness of the case, be given a warning and a fine of RMB 300 to 500 for each vehicle.

6. Those who engage in forgery, transfer or filtering of special vehicle mark for road transportation of dangerous goods shall be
penalized by confiscation of unlawful gains and an fine of one to three time the said gains or a fine of RMB 2,000 to 50,000.

7. Those who buy vehicles and engage in business activities of road transportation of dangerous goods without authorization shall,
in the light of the seriousness of the case, be given a warning and a fine of one to three times the unlawful gains or RMB 2,000
to 50,000.

8. For dangerous goods transportation vehicles whose technical performance does not meet the relevant requirements set by the State,
a fine of RMB 500 to 10,000 shall be imposed.

9. For dangerous goods transportation vehicles that are not given second-class maintenance in accordance with the regulations, a fine
of RMB 300 to 500 shall be imposed.

10. Those who fail to submit a statistical report of road transportation of dangerous goods (including loading and unloading of dangerous
goods and rendering services to road transportation of dangerous goods) shall, in the light of the seriousness of the case, be given
a disciplinary warning and a fine of RMB 100 to 500.

11. For refusal to accept annual examination as prescribed by regulations, units engaged in business activities of road transportation
of dangerous goods (including loading and unloading of dangerous goods and rendering services to road transportation of dangerous
goods) shall be fine RMB 500 to 10,000.

12. Carriers or shipping agents who transfer business of road transportation of dangerous goods to units or individuals not legally
qualified for such business shall be fined RMB 500 to 10,000.

13. For violation of rules of operation in loading and unloading dangerous goods resulting in accidents, the operational certificates
for road transportation of dangerous goods of those directly responsible shall be reoaked or canceled, and the unit responsible for
the accident shall be fined RMB 500 to 10,000.

14. For use of vehicles whose total mileage has exceeded 400,000 kilometers, or vehicles that have been in use for 10 years, or vehicles
whose technical performance is below the standards of second-class vehicles, a disciplinary warning shall be given and a fine of
RMB 500 to 2,000 shall be imposed.

For serious violations of clause (2) or (11) of this article, the license for road transportation of dangerous goods and certificate
for road transportation of dangerous goods shall be canceled.

   Article 36 (Instruction to Take Correction Measures Within Prescribed Period)

While enforcing administrative penalties as prescribed in Sections 5, 9, 9, and 11 of Article 35, the Municipal Land Transportation
Section and the District (County) Land Transportation Subsection may adopt administrative measures of instructing the wrongdoer to
rectify within a prescribed period of time.

   Article 37 (Other Administrative Measures)

In case unit or individuals who take in business actives of road transportation of dangerous goods (including loading and unloading
of dangerous goods and services to road transportation of dangerous goods) violate the provisions of the present procedures, the
Municipal Land Transportation Section and the District (County) Land Transportation Subsection may hold in custody temporarily their
operational certificates for road transportation of dangerous goods and certificates for road transportation of dangerous goods,
issue a notice of breaking rules of regulations, and instruct them to go to a designated place to accept penalty within the prescribed
period of time. Vehicles which are without certificates for road transportation of dangerous goods or are not qualified for transportation
of dangerous goods may be ordered to suspend their operation.

When the party concerned fails to go to the designated place to accept penalty three months beyond the prescribed time limit, the
Municipal Land Transportation Section and the District (County) Land Transportation Subsection may dispose of his/her vehicle as
ownerless property.

   Article 38 (Handling of Fines and Confiscation)

When implementing administrative punishment the administrative departments of communications shall award an “Administrative Punishment
Decision”, and when collecting fines or confiscated money, give a uniform receipt for fin

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...