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2005

INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING PARAGRAPH 4 IN ARTICLE 22 AND CATEGORY (3) OF PARAGRAPH 2 IN ARTICLE 24 OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA

Interpretation by the Standing Committee of the National People’s Congress Regarding Paragraph 4 in Article 22 and Category (3) of
Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China

(Adopted at the 10th Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1999) 

At its 10th Meeting, the Standing Committee of the Ninth National People’s Congress discussed the State Council’s Proposal for Giving
an Interpretation to Paragraph 4 in Article 22 and Category (3) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China.  It is in order to respond to the report submitted by the Chief Executive
of the Hong Kong Special Administrative Region in accordance with the relevant provisions of Article 43 and those of Category (2)
of Article 48 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China that the State Council
has put forward the proposal. In view of the fact that the issue raised in the proposal concerns the interpretation of the relevant
articles of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China by the Court of Final
Appeal of the Hong Kong Special Administrative Region in its judgment made on January 29, 1999, that these provisions concern affairs
which are the responsibility of the Central Authorities and the relationship between the Central Authorities and the Hong Kong Special
Administrative Region, that the Court of Final Appeal, before making its judgment, failed to seek an interpretation of the provisions
from the Standing Committee of the National People’s Congress in accordance with the provisions of Paragraph 3 in Article 158 of
the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and that the interpretation of the
Court of Final Appeal is not in conformity with the original legislative intent, the Standing Committee of the National People’s
Congress, after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region, decides to give the following
interpretations to the relevant provisions in the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China in accordance with the provisions of Category (4) of Article 67 of the Constitution of the People’s Republic of China and
Paragraph 1 in Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China: 

1.The provisions of Paragraph 4 in Article 22 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China ” for entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval”,
mean that persons from provinces, autonomous regions and municipalities directly under the Central Government, including the children
of permanent residents of the Hong Kong Special Administrative Region born in the mainland with Chinese nationality, who request
to enter the Hong Kong Special Administrative Region with whatever reason shall, in accordance with the provisions of relevant laws
and administrative regulations of the State, apply for approval from the relevant government department in the place of their residence
and may only enter the Hong Kong Special Administrative Region with valid certificates issued by relevant authorities. It’s illegal
for any persons or children mentioned above to enter the Hong Kong Special Administrative Region without going through due approval
procedures in accordance with the provisions of relevant laws and administrative regulations of the State. 

2.The first three categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China provide:  ” The permanent residents of the Hong Kong Special Administrative Region shall be: 
(1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese
citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment
of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those residents listed
in categories (1) and (2)”.” Among these people, the persons provided for in Category (3) ” Persons of Chinese nationality born outside
Hong Kong of those residents listed in categories (1) and (2)” mean that those persons, at the time of their birth, no matter whether
they were born before or after the establishment of the Hong Kong Special Administrative Region, whose parents or whose fathers or
mothers are Chinese citizens as provided for in Category (1) or Category (2) of Paragraph 2 in Article 24 of the Basic Law of the
Hong Kong Special Administrative Region. The original legislative intent elucidated by this Interpretation and the original legislative
intent of the other categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region have
been embodied in the Opinions on the Implementation of the Second Paragraph of Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China, which were adopted at the Fourth Plenary Meeting of the Preparatory Committee
for the Hong Kong Special Administrative Region of the National People’s Congress on August 10, 1996. 

After promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region shall, in applying the relevant
articles of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, follow this Interpretation.
This Interpretation does not affect the right of abode in the Hong Kong Special Administrative Region granted to the litigating party
in the case through the judgment made by the Court of Final Appeal of the Hong Kong Special Administrative Region on January 29,
1999. As to whether any other person conforms to the provisions of Category (3) of Paragraph 2 in Article 24 of the Basic Law of
the Hong Kong Special Administrative Region, the matter shall be decided according to this Interpretation.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






REGULATIONS ON ADMINISTRATION OF TOUR GUIDES

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-05-14 Effective Date  1999-10-01  


Regulations on Administration of Tour Guides



(Promulgated by Decree No. 263 of the State Council of the People’s Republic of China on May 14, 1999, and effective as of October 1,1999)

    Article 1  These Regulations are formulated in order to standardize tour-guiding activities, to protect the lawful rights and interests
of tourists and tour guides, and to promote the healthy development of tourism.

    Article 2  Tour guides mentioned in these Regulations refer to those who have obtained a Tour Guide Certificate according to these
Regulations, and accept appointment of a travel agency to provide tourists with guiding, introducing and other related tourism services.

    Article 3  The State exercises a system of nationwide uniform examination of qualification for tour guides.

    Any citizen of the People’s Republic of China, who has an academic degree conferred by a high school, a secondary
specialized school or higher, is in good health, and possesses basic knowledge and language skills catering to the needs of tour-guiding,
may take part in the examination for tour guide qualification; those who have passed the examination shall be issued a Tour Guide
Qualification Certificate by the tourism administration department of the State Council or the tourism administration departments
of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government delegated by
the tourism administration department of the State Council.

    Article 4  A Tour Guide Certificate shall be obtained in order to conduct tour-guiding activities within the territory of the People’s
Republic of China.

    Only after concluding a labor contract with a travel agency or registering with a tour guide service company,
may those with a Tour Guide Qualification Certificate apply to the tourism administration departments of the people’s governments
of provinces, autonomous regions or municipalities directly under the Central Government for obtaining a Tour Guide Certificate on
the strength of the labor contract and documents certifying the registration.

    For anyone who possesses the language skills of a special language but has not obtained a Tour Guide Certification
Certificate, if a travel agency needs to employ him to temporarily conduct tour-guiding activities, the travel agency shall apply
to the tourism administration departments of the people’s governments of provinces, autonomous regions or municipalities directly
under the Central Government for obtaining a Temporary Tour Guide Certificate for him.

    The design and format of Tour Guide Certificate and Temporary Tour Guide Certificate are laid down by the
tourism administrative departments of the State Council.

    Article 5  Anyone falling under any of the following circumstances shall not be issued with a Tour Guide Certificate:

    (1) having no capacity for civil conduct or having a limited capacity for civil conduct;

    (2) suffering from contagious diseases;

    (3) having received criminal punishment, except for involuntary crimes;

    (4) having ever been has Tour Guide Certificate revoked.

    Article 6  The tourism administration department of the people’s government of a province, autonomous region or municipality directly
under the Central Government shall issue Tour Guide Certificate within 15 days from the date of receiving application for obtaining
a Tour Guide Certificate; if it is found that any circumstance stipulated in Article 5 of these Regulations exists, therefore no
Tour Guide Certificate shall be issued, a written notice shall be send to the applicant.

    Article 7  Tour guides shall continuously improve their professional skills and ethics.

    The State exercises a system of grade testing system for tour guides. The standards and measures for grade
testing for tour guides are to be worked out by the tourism administration department of the State Council.

    Article 8  When conducting tour-guiding activities, tour guides shall bear their Tour Guide Certificate.

    The Tour Guide Certificate has a term of validity of 3 years. If the holder of a Tour Guide Certificate intends
to continue to conduct tour-guiding activities after the expiration of the term of validity, he shall, before 3 months of the expiration
of the term of validity, apply to the tourism administration department of a province, autonomous region or municipality directly
under the Central Government to undergo the procedures for reissue of a Tour Guide Certificate.

    The term of validity of a Temporary Tour Guide Certificate shall not be more than 3 months, and shall not
be renewed.

    Article 9  A tour guide must be appointed by a travel agency in order to conduct tour-guiding activities.

    A tour guide shall not privately contract to, or directly contract to in any other form, engage in tour business
and conduct tour-guiding activities.

    Article 10  When conducting tour-guiding activities, tour guides’ personal dignity shall be respected, and their personal safety shall
not be endangered.

    Tour guides are enpost_titled to refuse any unreasonable request that affronts their dignity or infringes their
professional ethics.

    Article 11  When conducting tour-guiding activities, tour guides shall conscientiously protect the interests of the State and national
dignity; any words and behaviors impairing the interests of the State or national dignity shall be avoided.

    Article 12  When conducting tour-guiding activities, tour guides shall obey professional ethics, dress decently, behave politely,
respect tourists’ religious belief, ethical customs and living habits.

    When conducting tour-guiding activities, tour guides shall give explanation to human and natural conditions
of the touring place, and make introduction into social customs and habits; however, they shall not mix any vulgar and indecent elements
into their explanation and introduction for catering to vulgar interests of some tourists.

    Article 13  Tour guides shall strictly follow the travel agency’s hosting plan to arrange tourists’ travel and sightseeing activities,
shall not arbitrarily add or reduce any tour items or cease his tour-guiding activities.

    In the cause of leading tourists to travel and sightsee, if encountering any emergent situations that possibly
endanger the tourists’ personal safety, the tour guide may, upon consent of the majority of tourists, adjust or modify the hosting
plan, but a prompt report shall be made to the travel agency.    

    Article 14  In the cause of leading tourists to travel and sightsee, the tour guide shall truthfully state the situations that possibly
endanger the tourists’ personal or property safety and give clear warnings to the tourists, and shall adopt measures to prevent the
occurrence of the danger according to the travel agency’s instructions.

    Article 15  When conducting tour-guiding activities, tour guides shall not sell any goods to or buy any goods from tourists, nor seek
tips for tourists in explicit or implied ways.

    Article 16  When conducting tour-guiding activities, tour guides shall not deceive or force tourists to consume or collude with proprietors
to deceive or force tourists to consume.

    Article 17  For an act of a tour guide violating the provisions of these Regulations, tourists are enpost_titled to file a complaint towards
the tourism administration departments.

    Article 18  For anyone who conducts tour-guiding activities without a Tour Guide Certificate, the tourism administration department
shall order him to make corrections and make the matter public, and impose a fine of not less than 1,000 yuan nor more than 30,000
yuan; if there are illegal earnings, such illegal earnings shall be confiscated.

    Article 19  If, without appointment of the travel agency, a tour guide conduct tour-guiding activities by privately contracting to,
or directly contracting to in any other form, engage in tour business, the tourism administration department shall order him to make
corrections, and impose a fine of not less than 1,000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal
earnings shall be confiscated; if the circumstances are serious, the Tourism administration department of the people’s government
of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and
make the matter public.

    Article 20  If, when conducting tour-guiding activities, a tour guide has any words and behaviors impairing the interests of the State
or national dignity, the tourism administration department shall order him to make corrections; if the circumstances are serious,
the Tourism administration department of the people’s government of a province, autonomous region or municipality directly under
the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel agency to which the tour guide
in question belongs to shall be given a warning, and even have its business suspended for rectification.

    Article 21  If, when conducting tour-guiding activities, a tour guide does not carry out his Tour Guide Certificate, the tourism administration
department shall order him to make corrections; if the making of correction is refused, a fine of not more than 500 yuan shall be
imposed.

    Article 22  If a tour guide falls under any of the following circumstances, the tourism administration department shall order him
to make corrections and temporarily revoke his Tour Guide Certificate for from 3 to 6 months; if the circumstances are serious, the
Tourism administration department of the people’s government of a province, autonomous region or municipality directly under the
Central Government shall revoke his Tour Guide Certificate and make the matter public:

    (1) arbitrarily adding or reducing any tour items;

    (2) arbitrarily changing the hosting program;

    (3) arbitrarily ceasing his tour-guiding activities.

    Article 23  If, when conducting tour-guiding activities, a tour guides sells any goods to or buys any goods from tourists, or seek
tips for tourists in explicit or implied ways, the tourism administration department shall order him to make corrections and impose
a fine of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated;
if the circumstances are serious, the Tourism administration department of the people’s government of a province, autonomous region
or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel
agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification.

    Article 24  If, when conducting tour-guiding activities, a tour guide deceives or forces tourists to consume or colludes with proprietors
to deceive or force tourists to consume, the tourism administration department shall order him to make corrections and impose a fine
of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated;
if the circumstances are serious, the Tourism administration department of the people’s government of a province, autonomous region
or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel
agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification; if
a crime is constituted, criminal liability shall be investigated according to Law.

    Article 25  Any staff members of tourism administration departments who neglect their duties, abuse their powers, practise favoritism
for personal interests shall be investigated for criminal liabilities if crimes are constituted, or given administrative sanctions
if no crimes are constituted.

    Article 26  Measures for administration of tour guides in scenery sites or scenery zones are to be formulated by the people’s governments
of provinces, autonomous regions and municipalities directly under the Central Government by reference to these Regulations.

    Article 27  These Regulations take effect as of October 1, 1999. The Interim Measures for Administration of Tour Guides approved by
the State Council on November 14, 1987 and promulgated by the State Tourism Bureau on December 1, 1987 shall be repealed simultaneously.





CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON ISSUING THE INTERIM MEASURES GOVERNING THE EXPORT OF SILVER






The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Issuing the Interim Measures Governing the Export of Silver

WaiJingMaoGuanFa [1999] No.702

November 26, 1999

Foreign trade and economic cooperation commissions (departments, bureaus) of the various provinces, autonomous regions, municipalitie
directly under the Central Government and municipality separately listed on the State plan, and foreign Trade and economic cooperation
Enterprises Concerned:

The Interim Measures Governing the Export of Silver approved by the State Council are printed and distributed to you, please abide
by.

This is hereby notified.

Attachment

I:Interim Measures of Governing the Export of Silver

II:List of the enterprises for the Export of Silver in 2000

Note: The foregone document WaiJingMaoGuanFa [1999] No.702 is cancelled and this one shall be taken as the standard. Attachment 1:Interim Measures on Governing the Export of Silver

In accordance with the relevant provisions stipulated in the Foreign Trade Law of the PRC, these Measures have been worked out for
the purpose of carrying out the instruction on reforming the management of silver given by the State Council and exercising control
over export of silver.

Article 1

Silver mentioned in these Measures refers to silver powder, Un-Calcined silver and semi-product of silver (see attachment for specific
items under control).

Article 2

Export of silver reserved in the People’s Bank shall still be handled in accordance with the prevailing provisions.

Article 3

The state exercises control over the export of silver with quota license system, and it shall be implemented in accordance with the
Enforcement By-laws of Interim Measures on Report, Transmission and Implementation of Export Quota issued by MOFTEC (WaiJingMaoGuanFa
[1998] No. 980).

Article 4

Enterprises which have been checked and ratified to have qualifications for dealing in export of silver by the MOFTEC shall be allowed
to deal in the general trade for export of silver. And in the light of the principle of survival of the fittest, every year the MOFTEC
shall check and ratify the enterprises engaged in the general trade for the export of silver once and announce the relevant enterprises.

Article 5

The MOFTEC has authorized the Administration of Quota and License Affairs to check and issue the export licences for silver. The Customs
shall examine and release the silver by the export licenses.

Article 6

The organs issuing certificates authorized by the MOFTEC shall strictly examine and verify the qualifications of enterprises for dealing
in the export of silver, the quota quantity and export contracts, and then check and issue export licenses.

Article 7

When a processing trade enterprise has imported the goods containing silver not included in the list of silver products in Article
1 of these measures for processing and re-exporting silver, it shall submit an application, and its processing trade shall be examined
and approved by the competent department of foreign economic relations and trade at provincial level in the place where the enterprise
concerned has registered. And the Customs shall, by the Approval Certificate for Processing Trade, handle the registration and filing
procedures for the export contract. And in the light of the specific characteristics of the silver production, the competent department
of foreign economic relations and trade shall state in the remark column of the approval certificate that “the amount of the imported
materials approved by the Commodity Inspection shall be taken as the standard amount of the silver for re-export”.

Within 180 days after the import of the materials for processing trade, the competent department of foreign economic relations and
trade at provincial level shall report the amount of the silver to be exported by the relevant enterprise, the commodity inspection
certificate for imported materials, the processing technology of the relevant enterprise, the consumption per unit, etc. to the MOFTEC,
and at the same time make a copy of the above mentioned information to be submitted to the State Bureau of Non-Ferrous Metal Industry.
And after soliciting the opinions of the State Bureau of Non-Ferrous Metal Industry, the MOFTEC shall handle formalities for approval
and reply. In the case where the approved content of the silver for import, consumption per unit. amount of exports to be processed,
etc. are inconsistent with what was previously stated in the documents for examination, approval and filing, the MOFTEC shall send
a duplicate of the approved documents to the competent Customs for file, and the enterprise concerned shall go through the formalities
for alternation of the relevant contract, and the Customs shall supervise and cancel the amount after verification according to the
consumption per unit amended. The enterprise concerned shall apply for an export license from the Quota License Bureau with the documents
approved by the MOFTEC. The Customs shall examine and release the relevant products by the export license.

Article 8

In the case an export enterprise violates these Measures and other relevant provisions governing the export, and once the case has
been proved to be true, a punishment of reduction of the export quota, until cancellation of its right to deal in export of silver
shall be imposed upon the enterprise concerned.

Article 9

In the case the relevant previous provisions were inconsistent with theses Measures, these Measures shall be taken as the standard.

Article 10

These Measures shall be put into force as of the date of January 1, 2000. The previous provisions shall still be effective for the
case where an enterprise has gone through the formalities for putting the silver processing trade contract on file after the above
mentioned date.

htm/e01987.htmAttached

￿￿

Attachment 1:

List of Silver Export under Control Attached

￿￿

LIST OF SILVER

EXPORT UNDER CONTROL

Specifications Code of Coordination System Silver Powder

71061000

Un-Calcined Silver (including lumps, ingots, grains and casting strips, etc.)

71069100

Semi Silver Products (including calcined bars, sticks, threads, boards, slices, bands, pipes,foils and shape materials,
etc.)

71069200

    The above mentioned "silver" refers to pure silver, excluding the silver plated with gold or
platinum, silver alloy and the products with other metals or materials as bottoms and covered with silver or plated with
silver.

￿￿

Attachment 2:

List of the Enterprise for the Export of Silver in 2000

￿￿

    Paper Money Printing and Minting Head Office of China
    Copper Lead Zinc Group Company of China



MEASURES ON THE ADMINISTRATION OF INTERNATIONAL BIDDING FOR MECHANICAL AND ELECTRICAL PRODUCTS

The Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China

No.1

Measures on the Administration of International Bidding for Mechanical and Electrical Products are hereby promulgated and shall come
into force as of the day of May 11,1999.

Minister of the Ministry of Foreign Trade and Economic Cooperation, Shi Guangsheng

March 14,1999

Measures on the Administration of International Bidding for Mechanical and Electrical Products

Chapter I General Provisions

Article 1

With a view to standardizing the behavior of international bidding of mechanical and electrical products and establishing an open
and fair competition mechanism for international bidding and equitable tender evaluation criteria, these Measures are hereby formulated
pursuant to the Provisional Measures on Managing the Import of Mechanical and Electrical Products, the Circular of the State Council
on Strengthening the Management of Importing Mechanical and Electrical Equipment by Utilizing International Lending Projects (GuoFa
[1990] No.64) and the Circular of the General Office of the State Council on Printing and Distributing the Provisions of the Ministry
of Foreign Trade and Economic Cooperation Concerning the Institution Setting up Under the Function and Staffing (GuoBanFa [1998]
No.122).

Article 2

“International Bidding” specified in these Measures means international open competitive bidding.

Article 3

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) shall be responsible for coordinating,
managing and supervising international bidding for national mechanical and electrical products, formulating the rules and the management
methods for the international bidding and organizing to conduct the international bidding thereupon, examining and approving the
qualification for international bidding agencies of mechanical and electrical products, and undertaking the routine work of the National
Tender Evaluation Committee.

Article 4

Administrative apparatuses of import and export of mechanical and electrical products of various localities and departments (hereinafter
referred to as import and export apparatuses) shall take the responsibilities for supervising, coordinating and managing the process
of international bidding of their mechanical and electrical products respectively and undertaking the routine work of their own tender
evaluation committee.

Article 5

Agencies of international bidding for mechanical and electrical products (hereinafter referred to as “bidding agencies”) shall undertake
the business of international bidding for mechanical and electrical products.

Article 6

“The purchaser” specified in these Measures means state organs, enterprises, public institutions and other social organizations, which
purchase mechanical and electrical products through international bidding.

“Bidding agencies” specified in these Measures mean legal persons or social intermediaries, which obtain the qualification for bidding
and carry out the international bidding business of mechanical and electrical products in compliance with the Methods on Examining
and Approving the Qualification for International Bidding of Mechanical and Electrical Products (promulgated in another decree).

“The tender” specified in these Measures means legal persons, who participate in tendering competition in accordance with bid documents.

Chapter II Scope of Bidding

Article 7

The following mechanical and electrical products shall be subject to international bidding:

(1)

The mechanical and electrical products specified by the Government to be purchased through international bidding. The concrete catalogue
shall be formulated, adjusted and promulgated by MOFTEC;

(2)

The mechanical and electrical products purchased by utilizing the loans of the World Bank, Japan Overseas Economic Cooperation Fund
(OECF) and Japan Import and Export Bank (hereinafter referred to as “overseas loans”);

(3)

The mechanical and electrical products that shall be purchased through international bidding under the item of government procurement;

(4)

The mechanical and electrical products required by other lending institutions to be purchased through international bidding.

Article 8

The following mechanical and electrical products may be submitted to bidding agencies for bidding by the purchaser:

(1)

The imported mechanical and electrical products controlled by the Government (such as quotas, specified products, etc.). After requesting
the relevant import and export agency to apply to MOFTEC and obtaining the approval of MOFTEC (the application letter is set out
in Attachment 1), the purchaser may authorize bidding agencies to organize international bidding.

(2)

The mechanical and electrical products subject to automatic import registration; and

(3)

The mechanical and electrical products imported by enterprises with foreign investment for self-use.

Article 9

Except in overseas loan projects, international bidding is not necessary to be conducted in the event that one of the following conditions
occurs:

(1)

Utilizing foreign government loan or export credit;

(2)

Not necessary to hand over foreign exchange to foreign parties;

(3)

Purchasing parts and auxiliary equipment needed for manufacturing;

(4)

Purchasing used mechanical and electrical products;

(5)

One-shot import volume less than US $ 10,000; or

(6)

Other mechanical and electrical products to which international bidding is not applicable.

Chapter III Bid Documents

Article 10

Bid documents shall be compiled in accordance with purchasing needs by the purchaser and bidding agencies, or consulting service agencies
entrusted by the purchaser. Bid documents mainly include as follows:

(1)

Invitation for bidding;

(2)

General instructions to tenders;

(3)

Names, quantities and technical specifications of bidding products;

(4)

Contract clauses;

(5)

Contract form; and

(6)

Attachments:

(i)

Tender document;

(ii)

Tender opening table;

(iii)

Tender quotation;

(iv)

Product description table;

(v)

Specification deviation chart;

(vi)

Tender bond format;

(vii)

Format of letter of guarantee of advance payment;

(viii)

Format of power of attorney of legal persons; and

(ix)

Format of letter of authority of manufacturers.

Chapter IV Bidding Procedures

Article 11

The purchaser shall enter authorization agreement for bidding with bidding agencies, which have the qualification for bidding of mechanical
and electrical products, and provide bidding bond (except purchasing mechanical and electrical products by utilizing overseas loan
projects). If the amount of the authorized bidding is up to or below US $ 2 million, the bidding bond shall not exceed 20 percent
of the amount. If the amount of the authorized bidding is above US $ 2 million, the bidding bond of the overage above US $ 2 million
shall not exceed 1 percent of the amount.

Article 12

Compiling bid documents. Bid documents shall include two parts of technique and commerce (including the requirements for the manufacture’s
performance and the evidences for tender evaluation), and the material clauses shall be marked with “*”. If one of the above requirements
does not be satisfied, the case shall result in the rescission of the tender.

Article 13

In addition to clauses of constituting the rescission of commercial tender, the evidences for tender evaluation shall include major
parameters of rescinding technical bid and scope of deviation, and permissible scope of price deviation and discount calculation
methods.

Article 14

The purchaser shall submit bid documents; facilities purchase order, and written and official replies to relevant projects to the
relevant import and export apparatus for examining and verifying the bid documents in compliance with the Provisional Measures on
Managing the Import of Mechanical and Electrical Products. The import and export apparatus shall deliver the reply to the application
for the examination and verification of the bid documents (see Format 1) to the purchaser and the relevant units within 20 working
days (10 working days for miniature unit set of equipment). If the reply does not be delivered during the stipulated period for certain
special reasons, the import and export apparatus shall describe the reasons and the period needed to be extended.

Article 15

The bid documents, which have been examined and approved, may not be amended without the permission of the relevant import and export
apparatus.

Article 16

After the purchaser and the bidding agency receive the reply to the application for the examination and verification of the bid documents,
the bidding announcement shall be published in the newspapers and periodicals or other media specified by the government (see Format
2).

Article 17

The validity period of tender, commencing from the date of the bidding announcement, may not be less than 30 days, and may not be
less than 60 days for main complete set of equipment.

Article 18

Opening the tenders at the time and place stipulated in the bidding announcement. The tender scheme, alternative courses, price reduction
statement or discount from the price shall be advanced at the moment of opening of tenders, otherwise it may not be treated as evidences
for tender evaluation. The purchaser, tenders and relevant parties shall participate in carrying out the opening of tenders.

Article 19

The bidding agency shall deliver or mail the tender opening record (see Format 3) to the relevant import and export apparatus for
reference within 3 days after opening the tenders (the effective starting time shall rest upon the date in the postmark).

Chapter V Rules for Tender Evaluation

Article 20

Initial evaluation shall be conducted by the initial evaluation committee, which has an odd number of members, composed of the purchaser,
the bidding agency and the relevant experts. Half of the members shall be experts.

Article 21

Initial evaluation shall be strictly carried out in accordance with bid documents and tender document and contain three categories
of commerce, technique and price. The tender who has the lowest bid shall be the bid-winner in the event that the two categories
of commerce and technique meet the requirements of the bid documents.

Article 22

Requirements for commerce evaluation. Upon occurrence of one of the following conditions, the bidding shall be rescinded:

(1)

The tender’s failure in providing the tender bond, the insufficiency of the tender bond or the validity period of the letter of guarantee,
or the inconsistency between the tender bond form or the issuing bank and the requirements of the bid documents;

(2)

Exceeding the business scope of the tender;

(3)

The attorney of the tender failure in submitting the valid power of attorney issued by the manufacture;

(4)

The tender document without the signature of the legal representative, or the signing party without the valid power of attorney of
the legal representative;

(5)

The inconsistency between the performance of the tender with the requirements of the bid documents; or

(6)

The insufficiency of the validity period of tender.

Article 23

Requirements for technique evaluation

(1)

The tender document shall be rescinded, if it does not satisfy the major parameters in technical specification and exceeds the scope
of deviation.

(2)

The technical comparison table shall be filled in accordance with the requirements of the bid documents and the major parameters,
and may not be filled in with marks. After clarification of the technical problems, which are needed and permitted to be clarified,
the tender document meeting the requirements shall be regarded as valid, which shall be described in the comparison table.

Article 24

Requirements for the evaluation of price

(1)

The evaluation shall be conducted on the basis of assessing factors stipulated in the tender documents. Any necessary markup or markdown
shall be described according to the stipulation of the bid documents and the tender document during the process of evaluation.

(2)

The tender shall make a list of spare parts necessary for the quality assurance period and the prices in accordance with the requirements
of the bid documents and the technical situations of the products, and credit the price of the spare parts into the tender sum. The
case that the spare parts are not necessary shall be described in the tender document; otherwise the average rate of the spare parts
of other effective tenders shall be credited into the tender sum (or the highest bid of the effective tenders upon the requirement
of lending institutions).

(3)

As for calculating the tender sum in overseas loan projects, the price of foreign products shall be based on CIF, and that of domestic
products shall be based on ex works (excluding value-added tax).

(4)

Except in overseas loan projects, the tender sum shall be calculated on the basis of the installation site specified by the purchaser
after arrival of the products, of which the price of the foreign products shall be CIF add import add duty add internal transport
cost add premium, etc. And the price of the domestic products shall be ex-works (excluding value-added tax) add internal transport
cost add premium, etc.

(5)

If tender prices are denominated in various currencies, those prices shall be converted into US $ based on the current selling rates
of the Bank of China during the process of price evaluation.

Article 25

Rules for dealing with other matters arising from tender evaluation

(1)

The original of banker’s references shall be produced. The duplicated documentation of banker’s references issued within 3 months
before the bid opening has the same effectiveness as the original.

(2)

Clarifying the ambiguity in the tender document shall be permitted, but the material statement concerning technique, commerce, and
price, etc may not be amended. The clarification shall be carried out in writing.

(3)

The tender document shall be rescinded in the event that the tender copies the technical specification stipulated in the bid documents
as one part of the tender document.

(4)

The products manufactured by equity joint venture enterprises duly registered in China shall be regarded as meeting with the requirements
for the tenders’ performance, if the performance of the technical person in overall meets the requirements of the bid documents.

Chapter VI Transaction of the Import Procedure

Article 26

The purchaser and the bidding agency shall submit the tender evaluation report with official seals of both parties and signatures
of members of the Initial Evaluation Commission (see Attachment 2) to the relevant import and export apparatus according to the supervisor
privilege level with 15 working days after the initial evaluation.

Article 27

The import and export apparatus shall organize the tender evaluation commission to examine and verify the tender evaluation report
within 10 working days. If no party challenges, import formalities may be handled for the products of foreign bid winner pursuant
to the Provisional Measures on Managing the Import of Mechanical and Electrical Products. The bidding agency shall issue the award
notice on the basis of import formalities. In event of purchasing the products by utilizing overseas loans, the bidding agency shall
submit the tender evaluation report to the lending institution in accordance with the notice of the tender evaluation outcome issued
by the national tender evaluation commission after the examination and verification of the tender evaluation, and obtain its approval
before issuing the award notice and handling import formalities.

Article 28

The purchaser may not enter into supply contracts with foreign sellers who win the bid, unless import formalities have been handled.
The tender bond shall be returned to the purchaser within 5 days after the constitution of supply contracts.

Chapter VII Violation of Rules and Punishment

Article 29

Any of the following acts shall be regarded as violation of rules:

(1)

Colluding with others to invite tenders falsely;

(2)

Disclosing information on tender evaluation during the period of tender evaluation;

(3)

Disrupting the process of bidding and tender evaluation through unfair means;

(4)

Not evaluating tenders in accordance with the rules for tender evaluation stipulated in these Measures;

(5)

Writing the tender evaluation report in contravention of the bid documents and the tender document;

(6)

Constituting supply contracts before examining and approving the tender evaluation report or handling import formalities; or

(7)

Other acts which violate these Measures.

Article 30

Punishment

(1)

If the bidding agency is responsible for the violation of rules, the bidding shall be invalid and a notice of criticism shall be given
to the present violator. In addition, the qualification for bidding of the bidding agency shall be suspended or abolished according
to circumstances of the violation.

(2)

If the tender is responsible for the violation of rules, its tender document shall be invalid. In addition, its qualification for
tender shall be suspended or abolished according to circumstances of the violation.

(3)

If the purchaser is responsible for the violation of rules, the bidding shall be invalid and a notice of criticism shall be given
to the purchaser. In addition, the relevant import and export apparatus may not handle import formalities.

(4)

If the initial evaluation committee is responsible for the violation of rules, the tender evaluation report shall be invalid. In addition,
the member who shall take the material responsibilities for the violation of rules shall be prohibited to conduct the tender evaluation.

(5)

If the purchaser does not enter supply contracts with the bid-winner in accordance with effective stipulations, the bidding bond may
not be returned. The 50% of the bidding bond shall be paid to the bid-winner, and the other 50% shall be paid to the bidding agency.

If the bid-winner does not enter supply contracts with the purchaser in accordance with effective stipulations, the bid bond may not
be returned. The 50% of the bid bond shall be paid to the purchaser, and the other 50% shall be paid to the bidding agency.

(6)

If the acts constitute breach of discipline, the supervisory body shall give administrative sanctions to the violator. If the case
constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions

Article 31

If the loan agreement between governments of between financing institutions contains special provisions, the special provisions, shall
prevail.

Article 32

Local bidding or invitation for tender may not be adopted in overseas loan projects without the permission of the lending institutions.
If it is permitted, its procedures may follow the procedures of these Measures.

Article 33

Service charges for bidding shall be collected in accordance with the relevant laws and regulations.

Article 34

MOFTEC shall be responsible for the interpretation of these Measures. If the former relevant laws or regulations are in contravention
of these Measures, these Measures shall prevail.

 
The Ministry of Foreign Trade and Economic Cooperation
1999-03-14

 



CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON STRENGTHENING MANAGEMENT OF TRANSFER OF LAND AND STRICTLY BANNING SPECULATIVE LAND DEALING

Category  LAND ADMINISTRATION Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1999-05-06 Effective Date  1999-05-06  


Circular of the General Office of the State Council on Strengthening Management of Transfer of Land and Strictly Banning Speculative
Land Dealing



(Promulgated by the Document No. [1999] 39 of the General Office of the State Council on May 6,1999)

    Since the issuance of the Circular of the Central Committee of Communist Party of China and the State Council
on Further Strengthening Land Management and Earnestly Protecting Farmland, the land management, especially the work in relation
to the protection of farmland, has been strengthened, certain success has been achieved. However, there still exist some problems
such as disorder in land use, illegal transfer of land use right, and especially the illegal transaction of land collectively owned
by farmers is relatively serious, resulting in speculative land dealing and illegal fund raising in the name of developing “orchard”
or “manor”. In order to further strengthen the management of land transfer, to prevent the fashion of speculative land dealing, to
keep the stability in rural areas, to protect the interests of farmers, and to ensure the healthy and sustainable development of
economy and society, upon the examination and approval of the Premiers’ working conference of the State Council, the issues concerning
strengthening management of land transfer and strictly banning speculative land dealing are announced as follows:

    1.Strictly control the total amount of land used for urban and rural construction, decisively curb illegal
occupying of land for non-agricultural construction

    The construction of cities, villages and towns should not exceed the land use scale set in the overall plan
for land use, in cities the newly increased land for construction and the original land for construction should be uniformly controlled
in a way of aggregate supply and demand,   and the land cannot be supplied exceeding the plan; where the idle land may
be used in a variety of construction, such idle land must be used, the occupying of land for agriculture should not be approved,
for localities where idle land are not fully used, their index for transfer use of agricultural land should be deducted for the next
year.

    The residential sites in rural areas should be strictly controlled in scale and scope, land for building new
houses should be approved in strict accordance with the plan, the newly built houses should be gradually centralized towards core
villages and small towns town. The construction of core villages and small towns should be rationally laid out and planned in a unified
way, the agricultural land should not be arbitrarily occupied or requisitioned. The form of land supply and the relationship of property
right of land should be clearly identified in the construction of small towns, so as to prevent the occurrence of disputes arising
from land property ownership.

    The land used by township enterprises must be strictly controlled in the scope of land for construction of
cities, villages and towns set in the overall plan for land use, the buildings and structures not conforming to the overall plan
for land use should not be re-built or enlarged and should be adjusted and centralized step by step along with the reform of township
enterprises and the cleaning up of land.

    The scope of land for service areas along express ways should be strictly controlled, farmland along the both
sides of highways, if comforting to requirements, must be included into protection areas for capital farmland.

    2.Strengthen the management of transfer of land collectively owned by farmers, strictly ban illegal occupancy
of land collectively owned by farmers for developing real estate.

    The use right of land collectively owned by farmers cannot be transferred, conveyed, or rented for non-agricultural
construction; as for the township enterprises that conform to the plan and have legally obtained the use right of construction land,
if their land use rights have to be conveyed owing to bankruptcy or merger, they should undergo examination and approval procedures
in strict accordance with law.

    Farmers’ residences cannot be sold to urban residents, and urban residents should not be approved to occupy
land collectively owned by farmers to build residences, the relevant departments should not issue land use license and real estate
certificate for illegally-built or bought residence.

    The circumstances that unapproved and arbitrary transference of land collectively owned by farmers into construction
land should be cleaned up earnestly. Those that do not conform to the overall plan for land use should be resumed back to agricultural
purposes within a specified time limit, and returned to the original contractor of land collectively owned by farmers; for those
that conform to the overall plan, procedures for using land must be undertaken according to law.

    3.Strengthen land management of agricultural and forestry development projects, ban the requisition of land
collectively owned by farmers to carry out agricultural and forestry development such as “orchard” or “manor”

    The agricultural and forestry development projects must conform to the overall plan for land use and the annual
plan for land use, the ownership of land right and types of land must be strictly examined, no unit or individual may carry out land
development activities within reclamation-forbidden areas defined by the overall plan for land use.

    The procedures for using land must be go through in strict accordance with the relevant provisions of the
Land Administration Law of the People’s Republic of China, in carrying out agricultural and forestry development projects, no unit
or individual may privately sign an agreement of land use rural collective economic organization, it is prohibited to obtain the
land collectively owned by farmers in the way of requisition to carry out agricultural and forestry development such as “orchard”
or “manor”

    Where the agricultural and forestry development is carried out by using State-owned land in a form of contractual
management, a contractual agreement for State-owned land must be signed, in which the rights and obligations of both parties must
be agreed upon.

    The agricultural and forestry development projects must use the land in strict accordance with the approved
planned purposes, it is strictly prohibited to change the purpose for agriculture and forestry to carry out real estate development
such as villas, holiday-spending houses or entertainment facilities, where not-agricultural construction is really necessary, the
examination and approval procedures for construction use land must be gone through according to law. For those belonging to basic
construction projects, the examination and approval procedures must be through in strict accordance with the procedures for capital
construction. Only after the construction projects have been approved, may the procedures for using land for construction be gone
through, it is strictly prohibited to use land before approval.

    4.Strengthen supervision of land used for development, forbid developing land for illegal financing.

    The land for developing projects for agriculture and forest must be registered. The conditions for conveyance
or renting must be obviously stipulated. Conveyance or renting with no approval is forbidden. If the acquisition of the land use
right is through auction or conveyance and the land is collectively owned and not in use, only after payment is fulfilled and pre-development
is finished, can conveyance, renting, mortgage, contracting and other forms be used to obtain the land use right. With no permission
of renter or original owner, no sub-contract, rent, conveyance, mortgage may be carried out.

    The People’s Bank of China should strengthen management of credit and loan for developing projects for agriculture
and forest, contribute more efforts to the supervision and investigation and punishment to the illegal fund raising acts in the name
of land development or land transfer. As to land for development the payment of which is not completed and the use right of which
is not acquired, the banks concerned should permit the mortgage of it.

    Administrative departments for industry and commerce must strengthen management of enterprises engaged in
developing land, strictly examine their operation scope. These enterprises cannot use “attracting trade” and other informal diction,
should not engage in illegal financial activities; for attracting shareholders to develop land, no matter in the form of selling
or conveyance or any other form, the enterprises should proceed the procedure of enterprise registration according to the Company
Law of the People’s Republic of China. Operation of those enterprises must be strictly supervised. The enterprises, which exceed
their operation scope, must be investigated and punished. As to the enterprises engaged in illegal financial activities, once being
identified, their license should be revoked and the parties concerned should be investigated for liability.

    5.Standardise the transaction of state-owned land, ban speculative land dealing

    Land used for trade, tourism, entertainment, and luxurious houses, in principal, should be supplied in the
way of bidding or auction. Conveyance, rent, or mortgage of transferred land for the first time must conform to the provisions of
law and the requirements agreed upon in the transference contract, those not conforming to the requirements should not be conveyed,
rented or mortgaged. The use right of conveyance and rent of allocated land should be approved by the people’s governments with approving
authorities.

    It is prohibited to speculatively trade land in disguised forms by using construction projects, planning license
or land use sketch with red line. For a construction project of which the project has been approved, if its construction use land
conforms to the land use plan, the procedures for using land must be gone through within a specified time limit.

    Where transaction of the land use right is involved in the reformation and restructuring of a state-owned
enterprise, the land should not be sold at low price, and a schedule for settling land assets should be worked out, the enterprises
subordinated to the Center Government should choose the schedules which may abate the burden of the central finance and submit them
to the competent department of land administration under the State Council for approval.

    As to transaction of land use right is involved in the marketing of purchased public residents or economical
and applicable residents, the returns from land must be turned over to the State.

    6.Comprehensively clean up land conveyance and speculative land trading, decisively investigate and punish
illegal conveyance of land use right and illegal transaction of land collectively owned by farmers

    The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
should organize a comprehensive cleaning up of the illegal land conveyance and speculative land trading within their respective administrative
areas. The emphasis should be put on the areas connecting cities and villages, especially the illegal used land along highways on
which structures, buildings are privately, or disorderly built. For those that conforming to the overall plan for land use but not
undergoing the relevant procedures according to the provisions, it must be gone through within a specified time limit, where no declaration
is made by the expiration of the time limit, the matter should be investigated and punished as illegal occupancy of land.

    Examine those land-using projects for attracting trade and selling land with the post_titles of “orchard” or “manor”;
in accordance with the principle of “Who ratified will be responsible”, properly deal with the problems. As to those violating regulations,
the party concerned will be examined and punished. If their conduct is serious enough to be regarded as crime, the judiciary will
investigate and punish them. Before the examination completes, approval of the projects for “orchard”, “manor” or “agriculture for
visiting” should be stopped. Perfect the report system, strengthen the supervision by the people and the media, timely punish the
conduct of speculative land dealing  

    The relevant departments of the State Council and the people’s governments of provinces, autonomous regions
and municipalities directly under the Central Government should seriously implement the spirit of this Circular, formulate corresponding
implementing measures and related implementing rules, ensure the implantation of the provisions on strengthening the management of
land conveyance and strictly banning speculative land dealing.

    The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
should report the circumstances of the cleaning up of land conveyance and speculative land dealing to the State Council by the end
of December 1999. The State Council is to instruct the Ministry of Land and Resources, together with the other departments, to take
the responsibility in supervising and checking the implementation and fulfillment of this Circular, and regularly report to the State
Council.





INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON CLAUSE 4 OF ARTICLE 22 AND CLAUSE 2 (3) OF ARTICLE 24 OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION BASIC LAW

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-06-26 Effective Date  1999-06-26  


Interpretation of the Standing Committee of the National People’s Congress on Clause 4 of Article 22 and Clause 2 (3) of Article
24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China

(Adopted at the Tenth Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1999)

    The Standing Committee of the Ninth National People’s Congress examined at its Tenth Meeting the “Proposal
Requesting for an Interpretation on Clause 4 of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China” submitted by the State Council. The Proposal of the State Council was submitted
on the basis of the report submitted by the Chief Executive of the Hong Kong Special Administrative Region in accordance with the
provisions of Article 43 and Article 48(2) of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China. The issue raised in the Proposal concerns the interpretation of the relevant articles and clauses the Basic Law of the
Hong Kong Special Administrative Region of the People’s Republic of China by the Court of Final Appeal of the Hong Kong Special Administrative
Region in its judgment dated January 29, 1999. These relevant articles and clauses concern the affairs that are subject to the jurisdiction
of the Central Authorities and concern the relationship between the Central Authorities and the Hong Kong Special Administrative
Region. Before making its judgment, the Court of Final Appeal has not sought an interpretation of the Standing Committee of the National
People’s Congress in accordance with the provisions of Clause 3 of Article 158 of the Basic Law of the Hong Kong Special Administrative
Region of thee People’s Republic of China. However, the interpretation of the Court of Final Appeal is not consistent with the original
legislative intent. Therefore, having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under
the Standing Committee of the National People’s Congress, the Standing Committee of the National People’s Congress has decided to
make, under the provisions of Article 67(4) of the Constitution of the People’s Republic of China and Clause 1 of Article 158 of
the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of China, an interpretation on the provisions of Clause 4
of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China as follows:

    1. The provisions of Clause 4 of Article 22 of the Basic Law of the Hong Kong Special Administrative Region
of the People’s Republic of China regarding “For entry into the Hong Kong Special Administrative Region, people from other parts
of China must apply for approval” mean that people from all provinces, autonomous regions, or municipalities directly under the Central
Government, including those persons of Chinese nationality born in the interior by Hong Kong permanent residents, who wish to enter
the Hong Kong Special Administrative Region for whatever reasons, must apply to the relevant authorities of their residential districts
for approval in accordance with the provisions of the relevant laws and administrative regulations of the State, and must hold valid
documents issued by the relevant authorities before they may enter the Hong Kong Special Administrative Region. It is unlawful for
people from all provinces, autonomous regions, or municipalities directly under the Central Government, including persons of Chinese
nationality born in the interior by Hong Kong permanent residents, to enter the Hong Kong Special Administrative Region without undertaking
the appropriate approval procedures in accordance with the provisions of the relevant laws and administrative regulations of the
State.

    2. The first three sub-paragraphs of Clause 2, Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China stipulates that: ” The permanent residents of the Hong Kong Special Administrative Region
shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;
(2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after
the establishment of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those
residents listed in categories (1) and (2)”. The provisions of Sub-paragraph 3 concerning “persons of Chinese nationality born outside
Hong Kong of those residents listed in categories (1) and (2)” mean that both or either of their parents, whether they themselves
were born before or after the establishment of the Hong Kong Special Administrative Region, must be persons meeting the requirements
stipulated in Sub-paragraph 1 or 2 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China at the time of their birth. The original legislative intent as stated by this Interpretation, and the
original legislative intent of other sub-paragraphs of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China, have been reflected in the “Opinions on the Implementation of Article 24(2) of the Basic
Law of the Hong Kong Special Administrative Region of the People’s Republic of China” adopted at the Fourth Plenary Meeting of the
Preparatory Committee for the Hong Kong Special Administrative Region of the National People’s Congress on August 10, 1996.

    As from the promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region,
when referring to the relevant article or clauses of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China, shall adhere to this Interpretation. This Interpretation does not affect the right of abode in the Hong Kong Special
Administrative Region which has been acquired under the judgment of the Court of Final Appeal on the relevant cases dated January
29, 1999 by the parties concerned in the relevant legal proceedings. Moreover, the issue whether any other person meets the requirements
stipulated in Sub-paragraph 3 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China shall be determined by reference to this Interpretation as a criteria.





MEASURES FOR THE REGISTRATION OF RESIDENT LAWYERS OF THE CHINESE REPRESENTATIVE OFFICES OF FOREIGN LAW FIRMS

The All-China Lawyers’ Association

Measures for the Registration of Resident Lawyers of the Chinese Representative Offices of Foreign Law Firms

The All-China Lawyers’ Association

September 18, 1999

(Adopted by the Fourth Standing Executive Council of the Fourth All-China Lawyers’ Association on September 18, 1999)

Article 1

These measures are formulated in light of strengthening the administration of the resident lawyers of the Chinese representative offices
of foreign law firms in accordance with the relevant spirit of the Law of the People’s Republic of China on Lawyers and the Statute
of All-China Lawyers’ Association.

Article 2

These measures shall apply to the resident lawyers of the Chinese offices of the foreign law firms that have obtained approval of
the Ministry of Justice of the People’s Republic of China for establishment.

The resident lawyers of the law firms of Hong Kong and Macao that have obtained approval for establishing representative offices in
the mainland shall refer to these measures for application.

Article 3

The resident lawyers of the Chinese offices of the foreign law firms shall be the chief representatives, representatives and foreign
lawyers who stay in China for more than 90 days consecutively handling the work of the Chinese representative offices of the foreign
law firms that have obtained approval of the Ministry of Justice and have been registered with the State Administration for Industry
and Commerce.

Article 4

The resident lawyers of the Chinese offices of the foreign law firms shall be registered.

Article 5

The All-China Lawyers’ Association shall be responsible for the registration of the resident lawyers of the Chinese offices of the
foreign law firms.

Article 6

The resident lawyers of the Chinese offices of foreign law firms shall apply to the All-China Lawyers’ Association for registration
for the next year from November 20 to December 20 of each year, subject to submitting the following materials:

1.

registration form (in Chinese, duplicate);

2.

credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese
and English);

3.

written pledge of the applicant to observe the laws and pertinent regulations of People’s Republic of China.

Article 7

The foreign law firms that have obtained approval of the Ministry of Justice of the People’s Republic of China for the establishment
of representative offices in China shall, within 30 days after the registration with the State Administration for Industry and Commerce,
apply to the All-China Lawyers’ Association for the registration of resident lawyers, subject to submitting the following materials:

1.

certificate of approval for establishment of representative office (replica in duplicate);

2.

credential of representative;

3.

credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese
and English);

4.

resume of the resident representative;

5.

written pledge of the resident representative to observe the laws and pertinent regulations of the People’s Republic of China (original
in Chinese).

Article 8

In case of any change or addition of resident representatives, the Chinese offices of the foreign law firms shall, within 30 days
after obtaining the aforesaid approval and registration, apply to the All-China Lawyers Association for registration, subject to
submitting the certificate of representative.

Article 9

The resident lawyers of the Chinese offices of the foreign law firms shall, when apply to the All-China Lawyers’ Association for registration,
pay a registration fee in accordance with the relevant provisions of China.

Article 10

In case the resident lawyers violating Articles 4 and 9 of these measures, the All-China Lawyers’ Association shall apply to the Ministry
of Justice for disqualification or punishment in accordance with the relevant provisions of the Regulations for the Administration
of the Chinese Branches of Foreign Law Firms.

Article 11

These measures shall enter into force as of December 1, 1999.

Article 12

The right of interpretation of these measures shall remain with the Ministry of Justice of the People’s Republic of China.



 
The All-China Lawyers’ Association
1999-09-18

 






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL TRANSMITTING OPINIONS OF THE STATE PLANNING COMMISSION AND OTHER DEPARTMENTS ON STRICTLY CONTROLLING REPETITIVE CONSTRUCTION OF SHIP BUILDING AND REPAIRING INFRASTRUCTURES

Category  GENERAL Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1999-10-02 Effective Date  1999-10-02  


Circular of the General Office of the State Council Transmitting Opinions of the State Planning Commission and Other Departments
on Strictly Controlling Repetitive Construction of Ship Building and Repairing Infrastructures

(Issued by Document Guobanfa No. 87 [1999] of the General Office of the State Council on October 2, 1999)

    The Opinions on Strictly Controlling Repetitive Construction of Ship Building and Repairing Infrastructures
submitted by the State Planning Commission, the State Economic and Trade Commission, the Commission of National Defense Science
and Industry, the Ministry of Foreign Trade and Economic Cooperation, the People’s Bank and the General Administration of Customs
have been agreed by the State Council and are hereby issued to you for your careful implementation.

Appendix: Opinions on Strictly Controlling Repetitive Construction of Ship Building and Repairing Infrastructures (submitted by the
State Planning Commission, the State Economic and Trade Commission, the Commission of National Defense Science and Industry, the
Ministry of Foreign Trade and Economic Cooperation, the People’s Bank and the General Administration of Customs on September 10,
1999)

    Since the reform and opening up to the outside world, by implementing the strategic guideline of “Chinese
ships shall enter the international market” advanced by the central authorities, the shipbuilding industry of our country has accomplished
substantial development in shipbuilding capacity, technical level, ship exportation and other areas, and the shipbuilding capacity
of the whole country in civil vessels has reached 4 million deadweight tonnage. In recent years, affected by the Asian financial
crisis, the shipbuilding industry is in depression, the shipbuilding capacity around the world is commonly in surplus, and the
main shipyards of our country are also facing the difficulty of working under capacity. Under the circumstances, however, large-scale
shipbuilding and repairing infrastructures remain under construction in parts of coastal and riverbank areas of our country. It’s
difficult for the productive capacity formed by these construction projects to be internationally competitive in a short time,
and if they turn toward the domestic market, excessive competition must arise between them and the existing domestic productive
capacity. In order to prevent such repetitive construction from spreading and promote the healthy development of our ship industry,
the following opinions are hereby proposed:

    I. In the last two years of the “Ninth Five-year Plan” period, regardless of the nature of the construction
(capital construction or technical reformation), the sources of funds (domestic capital or foreign investment) and above or under
the limit, all localities and departments shall suspend examination and approval of dry docks, floating docks, building berths
as well as apparels and tackles, repair jetties and other construction projects for ship building and repairing infrastructures.
During the “Tenth Five-year Plan” period, on the basis of the State development planning and the demand condition on the international
ship market, with respect to construction projects for ship building and repairing infrastructures that are really internationally
competitive, the Commission of National Defense Science and Industry shall give its opinions upon examination, and then the State
Planning Commission or the State Economic and Trade Commission shall review and report the same to the State Council for examination
and approval.

    II. With respect to reconstruction or expansion projects for ship building and repairing technologies and
equipment and capital increase projects of foreign investment enterprises using existing ship building and repairing infrastructures
to increase varieties, improve the quality and enhance product’s competitiveness, if they are large- or medium-scale projects with
a total investment above the limit, the Commission of National Defense Science and Industry shall give its examination opinions,
and then the State Planning Commission or the State Economic and Trade Commission shall conduct examination and approval for those
to be examined and approved within the authority of the State Planning Commission or the State Economic and Trade Commission; the
State Planning Commission or the State Economic and Trade Commission shall report them to the State Council for examination and
approval for those to be examined and approved within the authority of the State Council. Those with a total investment under the
limit shall be subject to examination and approval by the Commission ?of National Defense Science and Industry and then reported
to the State Planning Commission or the State Economic and Trade Commission for the record. For foreign-invested projects, the
Ministry of Foreign Trade and Economic Cooperation shall handle relevant procedures in accordance with the documents of official
reply of relevant State departments.

    III. In examining and approving loans to be granted to construction projects for ship building and repairing
facilities, all relevant commercial banks shall require the load applicants to present the approval documents issued by relevant
State departments for the feasibility study reports of such projects. No loan may be granted to projects having not been approved
by the State.

    IV. All localities and departments shall carefully clean up construction projects for ship building and repairing
infrastructures of 10,000 deadweight tonnage or above which have been examined and approved since 1995 and the fund sources thereof,
and report the same to the Commission of National Defense Science and Industry before the end of December in 1999. The Commission
of National Defense Science and Industry, jointly with the State Planning Commission, the State Economic and Trade Commission and
the Ministry of Foreign Trade and Economic Cooperation shall reexamine these projects. Projects not examined and approved in accordance
with State regulations shall be subject to reexamination and approval by the aforesaid four commissions and ministries. For projects
without such approval, relevant commercial banks shall not grant loans, and Customs shall not release imported equipment and materials.
Those who do not submit reports shall be made known to the public and have their projects cancelled once being found after investigation.

    V. The Commission of National Defense Science and Industry, as the administrative department for the ship
industry, shall formulate the middle- and long-term national development plan for the ship building and repairing industry and
the industrial development policies without delay to promote the healthy development of the ship industry.





MEASURES ON THE REGULATION OF REPRESENTATIVE OFFICES OF FOREIGN INSURANCE INSTITUTIONS IN CHINA

e00234,e00474,e03340199911261999112620040301The China Insurance Supervisory and Regulatory CommissionCircular Concerning the Printing and Distribution of Measures on the Regulation of Representative Offices of Foreign Insurance Institutions
in ChinaBaoJianFa [1999] No.225November 26, 1999All Representative Offices of Foreign Insurance Institutions in China:The Measures on the Regulation of Representative Offices of Foreign Insurance Institutions in China are hereby printing and distribution
to you for the earnest implementation thereof.epdf/e01220.pdfJ, B3foreign insurance institutions, foreign investment, insurance, representative officese01220Measures on the Regulation of Representative Offices of Foreign Insurance Institutions in ChinaChapter 1 General ProvisionsArticle 1 To meet demands for the opening-up of the Chinese insurance market, and to enhance the regulation of representative offices of foreign
insurance institutions in the People’s Republic of China, this regulation has been formulated in accordance with the Insurance Law
of the People’s Republic of China (hereinafter referred to as the Insurance Law).Article 2 The China Insurance Supervisory and Regulatory Commission (hereinafter referred to as CISRC) is responsible for the regulation and
administration of Representative Offices in accordance with the present regulation and the Insurance Law as well as other relevant
laws and regulations of the People’s Republic of China ( hereinafter referred to as China).Article 3 “Foreign insurance institutions” in this regulation means insurance companies, re-insurance companies, insurance intermediary institutions,
insurance associations and other insurance organisations registered outside China. “Representative Offices” in this regulation refers
to the expatriate offices of foreign insurance institutions established upon approval in China for non-profit activities such as
liaison, market survey, etc.Article 4 The Representative Offices shall abide by Chinese laws and regulations, and their lawful rights and interests shall be protected by
Chinese law.Chapter 2 Application and EstablishmentArticle 5 Any foreign insurance institution that intends to establish a Representative Office in China(hereinafter referred to as applicant)
first should be established with the approval of the competent authority of the home country or region.Article 6 The following documents shall be submitted to CISRC by the applicant:1.An application letter to the President of CISRC signed by the chairman of the board of directors or the general manager or the person-
in-charge of the foreign insurance institution;2.The business license (duplicate) or the legal creation certificate (duplicate) or the registration certificate (duplicate) issued
by the competent authority of the country or region where it is located;3.Articles of association, the list of directors or principal partners or managerial staff of the foreign insurance institution;4.Annual financial statements for the three years prior to application;5.Other documents as may be required by CISRC. The business license, or certificate of lawful establishment of business, or the registration
certificate should be notarized by a public notary approved by the country or region where the institution is situated.Article 7 After the application is examined and accepted by CISRC, the applicant will receive a formal application form, which shall be submitted
to CISRC within two months after the date of receipt, together with the following documents:1.The ID card, education certificate and CV of the Chief Representative to be appointed for the Representative Office.2.The Power of Attorney of the Chief Representative signed by the chairman of the board of directors or the general manager or the person-
in-charge of the foreign insurance institution. Should the formal application form not be submitted within the time limit, the application
shall be deemed as having been withdrawn.Article 8 Should the applicant not receive the formal application form within six months after the application documents are submitted, the
application shall be deemed as having not been accepted.Article 9 Those foreign insurance institutions that have already established two or more Representative Offices, may apply for the establishment
of a general Representative Office. The “general Representative Office” in this regulation refers to an expatriate office of a foreign
insurance institution established in China upon approval for the administration of its other Representative Offices and for daily
liaison work with CISRC. The General Representative Office shall be established on the basis of an existing Representative Office.Article 10 For a foreign insurance institution that intends to establish a general Representative Office, where the legal status remains the
same, it shall submit an application letter to the President of CISRC signed by the chairman of the board of directors or the general
manager or the person-in-charge of the foreign insurance institution. Where the legal status is changed as a result of re-organisation,
division or merger, it shall submit to CISRC those documents specified in Article 6 .Article 11 CISRC shall grant approval certificates to the Representative Offices approved with a validity period of six years. The approved Representative
Office shall go through registration procedure by presenting the approval certificate to the competent administration for industry
and commerce within thirty days after approval. It shall also go through procedures for lawful residence and individual income tax
registration at the competent public security department and taxation office.Chapter 3 Supervision and ControlArticle 12 For those foreign insurance institutions that have already established two or more Representative Offices but not a general Representative
Office, one of its Representative Offices shall be appointed responsible for the daily liaison work with CISRC.Article 13 The name of the Representative Office shall be of the following format and sequence: “the Representative Office” of “the name of the
foreign insurance institution” in “the name of the city where it is situated”. The name of the General Representative Office shall
be of the following format and sequence: “the General Representative Office in China” of “the name of the foreign insurance institution”.Article 14 The person-in-charge of a Representative Office is called “chief representative”, “representative” or “deputy representative”. The
person-in-charge of a general Representative Office is called ” General Representative”, “representative” or “deputy representative”.
Unless otherwise approved, a general Representative Office shall not, in principle, appoint its chief representative Unless specified
otherwise, the regulation and administration of the general representative shall be the same as that of the chief representativeArticle 15 The staff of a Representative Office should behave properly, respect the laws and regulations of China and have no record of unlawful
activities.Article 16 The general representative and the chief representative should have university education. The general representative should have at
least eight years of work experience in the insurance industry, while the chief representative should have at least five years of
work experience in the insurance industry. Should they not have any university education, they should have at least ten years of
work experience in the insurance industry.Article 17 The number of foreign staff in a single Representative Office shall not exceed three.Article 18 The Representative Office and its staff may not conclude with any legal or natural person any agreement or contract that may bring
economic income to the Representative Office or the foreign insurance institution it represents, neither may it conduct any other
profitable business activities.Article 19 A person may not serve as the chief representative of two or more Representative Offices at the same time.Article 20 The chief representative should reside in the place of the Representative Office in order to oversee daily operations.Article 21 The Representative Office shall submit an annual work report to CISRC by the end of every February in the form a floppy disk (Chinese
version of Win 95 or win 98) and written in Chinese in the format specified by CISRC.Article 22 The Representative Office shall submit to CISRC an annual financial report of the foreign insurance institution it represents within
two months after the fiscal year ends.Article 23 Should the following events happen to the foreign insurance institution it represents, the Representative Office shall inform CISRC
for record within one working day after the event is announced by the foreign insurance institution.1.Modification of its articles of association, registered capital or registered address,2.Its Re-organisation, division, merger or acquisition, or change of principal persons-in-charge,3.Serious loss of its business activities.Article 24 The following shall be subject to the approval of CISRC.1.Change of chief representative. The Representative Office should submit to the President of CISRC an application letter signed by
the chairman of the board of directors, general manager or the person-in- charge of the foreign insurance institution it represents,
the power of attorney of the new chief representative and its ID card, education certificate and CV.2.Change of name. The Representative Office should submit to the President of CISRC an application letter signed by the chairman of
the board of directors, general manager or the person-in-charge of the foreign insurance institution it represents and copies of
other relevant documents.3.Extension of authorization. The Representative Office should submit to the President of CISRC an application letter signed by the
chairman of the board of directors, general manager or the person-in-charge of the foreign insurance institution it represents two
months before its approved period of authorization ends. Authorization can be extended for another six years upon approval.4.Change of registered address. The Representative Office should submit to the Person-in-charge of the International Department of CISRC
an application letter signed by the chief representative5.Withdrawal of the Representative Office. The Representative Office should submit to the President of CISRC an application letter signed
by the chairman of the board of directors, general manager or the person- in-charge of the foreign insurance institution it represents.
Upon approval, the withdrawal shall be registered at the relevant administration for industry and commerce. And the Representative
Office shall carry out other required procedures at other relevant authorities.Article 25 The following events should be submitted to CISRC for record:1.Change, increase or decrease in the number of representatives, deputy representatives, foreign staff or staff from Hong Kong, Macao
or Taiwan. The ID cards and vita of the person to be appointed shall be submitted for record.2.Leave of office of the person-in-charge of the Representative Office. Such event shall be filed and recorded within three days after
the event.Article 26 If the conversion of a Representative Office into a general Representative Office is approved, the original Representative Office
shall be withdrawn automatically and it shall carry out withdrawal procedure at the relevant administration for industry and commerce.Article 27 For foreign insurance institutions that have received approval to establish a general Representative Office, if the closing of Representative
Offices results in only a Representative Office remaining, the Representative Office shall submit to the President of CISRC an application
letter signed by the chairman of the board of directors, general manager or the person-in-charge of the foreign insurance institution
it represents requesting the change in status from a general Representative Office to a Representative Office. The original general
Representative Office is closed automatically and the Representative Office shall carry out withdrawal procedures at the relevant
administration for industry and commerce.Article 28 In case a Representative Office is closed and there is a general Representative Office, the general Representative Office shall be
responsible for all outstanding matters of the closed Representative Office. Should there not be a general Representative Office
or if same has been closed, the foreign insurance institution shall be responsible for all outstanding matters of the closed Representative
Office.Article 29 CISRC shall conduct regular and annual inspections of the Representative Offices. Such inspections include:1.Whether the approval procedures for the establishment or change of Representative Offices have been completely followed;2.Whether documents submitted with the application are true or false;3.Whether procedures for the appointment or change of staff of the Representative Offices have been completely followed;4.Whether the Representative Office has conducted profitable business activities;5.Other aspects which CISRC thinks necessary to inspect.Chapter 4 Penalty ProvisionsArticle 30 In case a Representative Office has been established without approval and thus in violation of this regulation, it shall be cancelled
by CISRC.Article 31 In case a Representative Office violates this regulation or any other Chinese insurance laws and regulations, it shall have punishments
imposed upon it by CISRC, as specified below, according to the seriousness of the offence.1.Warning or public criticism and correction of the violation within a specified time;2.Confiscation of illegal proceeds;3.Disqualification of the general representative, the chief representative, representatives or deputy representatives;4.Closing of the Representative Office.Article 32 Should violation of this regulation and other Chinese insurance laws and regulations constitute a crime, a Representative Office shall
be subject to criminal liabilities.Chapter 5 Supplementary ProvisionsArticle 33 If original documents required for submission per this regulation, with the exception of the annual financial report, are written
I in a foreign language, they shall be submitted with Chinese translation. And the Chinese translation shall prevail.Article 34 This regulation also applies to the establishment of a Representative Office by insurance institutions registered in Hong Kong, Macao
or Taiwan .Article 35 This regulation may serve as reference material for the administration of the Representative Offices of foreign insurance institutions
that are established with the special approval of CISRC.Article 36 The power to interpret this regulation shall remain with CISRC.Article 37 This regulation comes into force at the date of promulgation. Should there be any discrepancy between this regulation and the provisions
concerning representative offices and their staff of foreign insurance institutions in Regulation on the Administration of Representative
Offices of Foreign Financial Institutions in China (April 29, 1996), the Preliminary Regulation on the Qualification of High and
Mid-Level Managerial Personnel in Foreign financial Institutions (May 15, 1997) and its Supplementary Measures (July 30, 1997) promulgated
by the People’s Bank of China, this regulation shall prevail.



 
The China Insurance Supervisory and Regulatory Commission
1999-11-26

 






OPINIONS OF THE PREPARATORY COMMITTEE FOR THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE NATIONAL PEOPLE’S CONGRESS ON THE IMPLEMENTATION OF ARTICLE 24(2) OF THE MACAO SPECIAL ADMINISTRATIVE REGION BASIC LAW

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-01-16 Effective Date  1999-01-16  


Opinions of the Preparatory Committee for the Macao Special Administrative Region of the National People’s Congress on the Implementation
of Article 24(2) of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China



(Adopted at the Fifth Plenary Meeting of the Preparatory Committee for

the Macao Special Administrative Region of the National People’s Congress
on January 16, 1999)

    In order to implement the provisions of Article 24(2) of the Basic Law
of the Macao Special Administrative Region of the People’s Republic of China
(hereinafter referred to as “the Basic Law”) on the permanent residents of
the Macao Special Administrative Region, the Preparatory Committee has hereby
delivered  the following opinions which shall be refereed to by the Macao
Special Administrative Region to formulate implementation rules:

    1. The valid residential identity cards held by Macao residents before
the establishment of the Macao Special Administrative Region shall continue
to be valid after December 20, 1999 until the renewal of new identity cards.

    Chinese citizens among the Macao residents who hold the above
mentioned residential identity cards and also meet one of the following
requirements are permanent residents of the Macao Special Administrative
Region:

    (1) The identity card has explicitly recorded that the holder was born in
Macao;

    (2) Not less than seven years have passed since the initial issuance of
the identity card;

    (3) The identity card cannot certify his or her legal residence in Macao
for not less than seven years, but the holder has valid permanent residential
card, or has valid residential certificate issued by the Department of Public
Order Police or the Identity Certification Bureau which certifies that the
holder has legally resided in Macao for not less than seven years.

    To become a permanent resident of the Macao Special Administrative Region,
Portuguese and other persons among Macao residents who meet any one of the
above three requirements must also meet the requirement of “taking Macao as
the place of permanent residence”

    2. “Chinese citizens and Portuguese born in Macao” stipulated in
Sub-paragraphs (1) and (3), Article 24(2) of the Basic Law refers to persons
born during the period in which both or either of their parents legally
resided in Macao, except those who meet the requirement in Point 1 of these
Opinions and have become permanent residents of the Macao Special
Administrative Region.

    3. “Children of Chinese nationality born outside Macao” stipulated in
Sub-paragraphs (1) and (2), Article 24(2) of the Basic Law refers to such
children both or either of whose parents have become permanent residents in
accordance with the Macao Basic Law at the time of their birth, and in order
to enter into the Macao Special Administrative Region for residence such
children must undergo relevant procedures in accordance with the law.

    4. The calculation method for Chinese citizens’ ordinarily residence in
Macao for a “continuous period of seven years” stipulated in Sub-paragraph
(2), Article 24(2) of the Basic Law shall be any continuous period of seven
years.

    Portuguese and other persons stipulated in Sub-paragraphs (4) and (5),
Article 24(2), must meet the requirement of “taking Macao as the place of
permanent residence”, therefore the calculation method of ordinarily residence
in Macao for a “continuous period of seven years” for them should be the
continuous seven years immediately before they apply to become residents of
the Macao Special Administrative Region.

    The calculation for “continuous” residence in Macao stipulated in the
Basic Law shall include the time of going abroad for study, business, or
visiting relatives and friends when residing in Macao.

    5. Children of “other persons” under 18 years of age born in Macao”
stipulated in Sub-paragraph (6), Article 24(2) of the Basic Law refers to
such children  both or either of whose parents have become permanent
residents in accordance with the Macao Basic Law at the time of their birth.
Such children may become permanent residents of the Macao Special
Administrative Region when they reach 18 years of age if they conform to the
relevant provisions in Sub-paragraph (5), Article 24(2) of the Basic Law.

    6. Any Chinese citizens who were formerly Macao residents and emigrated
abroad, if they meet the requirements for permanent residents of the
Macao Special Administrative Region stipulated in the Basic Law, may return
from abroad to reside in Macao and enjoy the right of residence. Those who
return Macao with a foreign citizenship, if they meet relative requirements
stipulated in Article 24(2), may become permanent residents of the Macao
Special Administrative Region.

    7. The rules for implementing the provisions in the Macao Special
Administrative Region concerning “taking Macao as the place of permanent
residence” shall be formulated by the Macao Special Administrative Region.





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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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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