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The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.28
The Special Maritime Procedure Law of the People’s Republic of China which has been adopted at the 13th Meeting of the Standing Committee
of the Ninth National People’s Congress on December 25, 1999 is promulgated now, and shall enter into force as of July 1, 2000.
President of the People’s Republic of China: Jiang Zemin
December 25, 1999
Special Maritime Procedure Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Jurisdiction
Chapter III Maritime Claims Preservation
Section 1 General Principles
Section 2 Arresting or Auction Sale of Ships
Section 3 Arrest and Auction of the Goods on Board
Chapter IV Maritime Injunction
Chapter V Maritime Evidence Preservation
Chapter VI Maritime Guarantee
Chapter VII Service
Chapter VIII Trial Procedures
Section 1 Provisions on Trying Cases Involving Collision of Ships
Section 2 Provisions on Trying Cases Involving General Average
Section 3 Provision on Exercising the Right to Indemnity by Subrogation
by a Maritime Insurer
Section 4 Summary Procedures, Procedures for Hastening Debt Recovery
and Procedures for Publicizing Public Notice for Assertion
of Claims
Chapter IX Procedures for Constituting a Limitation Fund for Maritime Claims Liability
Chapter X Procedures for Registering Creditors’ Rights and Repayment of Debt
Chapter XI Procedures for Publicizing Notice for Assertion of Maritime Liens
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated for the purposes of maintaining the litigation rights, ensuring the ascertaining of facts by the people’s courts,
distinguishing right from wrong, applying the law correctly, trying maritime cases promptly.
Article 2
Whoever engages in maritime litigation within the territory of the People’s Republic of China shall apply the Civil Procedure Law
of the People’s Republic of China and this Law. Where otherwise provided for by this Law, such provisions shall prevail.
Article 3
If an international treaty concluded or acceded to by the People’s Republic of China contains provisions that differ from provisions
of the Civil Procedure Law of the People’s Republic of China and this Law in respect of foreign-related maritime procedures, the
provisions of the international treaty shall apply, except those on which China has made reservations.
Article 4
The maritime court shall entertain the lawsuits filed in respect of a maritime tortious dispute, maritime contract dispute and other
maritime disputes brought by the parties as provided for by laws.
Article 5
In dealing with maritime litigation, the maritime courts, the high people’s courts where such courts are located and the Supreme People’s
Court shall apply the provisions of this Law.
Chapter II Jurisdiction
Article 6
Maritime territorial jurisdiction shall be conducted in accordance with the relevant provisions of the Civil Procedure Law of the
People’s Republic of China.
The maritime territorial jurisdiction below shall be conducted in accordance with the following provisions:
(1)
A lawsuit brought on maritime tortious may be, in addition to the provisions of Articles 19 to 31 of the Civil Procedure Law of the
People’s Republic of China, under jurisdiction of the maritime court of the place of its port of registry;
(2)
A lawsuit brought on maritime transportation contract may be, in addition to the provisions of Articles 82 of the Civil Procedure
Law of the People’s Republic of China, under jurisdiction of the maritime court of the place of its port of re-transportation;
(3)
A lawsuit brought on maritime charter parties may be under jurisdiction of the maritime court of the place of its port of ship delivery,
port of ship return, port of ship registry, port where the defendant has its domicile;
(4)
A lawsuit brought on a maritime protection and indemnity contract may be under jurisdiction of the maritime court of the place where
the object of the action is located, the place where the accident occurred or the place where the defendant has its domicile;
(5)
A lawsuit brought on a maritime contract of employment of crew may be under jurisdiction of the maritime court of the place where
the plaintiff has its domicile, the place where the contract is signed, the place of the port where the crew is abroad or the port
where the crew leaves the ship or the place where the defendant has its domicile;
(6)
A lawsuit brought on a maritime guaranty may be under jurisdiction of the maritime court of the place where the property mortgaged
is located or the place where the defendant has its domicile; a lawsuit brought on a ship mortgage may also be under jurisdiction
of the maritime court in the place of registry port;
(7)
a lawsuit brought on ownership, procession, and use, maritime liens of a ship, may be under jurisdiction of the maritime court of
the place where the ship is located, the place of ship registry or the place where the defendant has its domicile.
Article 7
The following maritime litigation shall be under the exclusive jurisdiction of the maritime courts specified in this Article:
(1)
A lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the maritime court of the place where the
harbour is located;
(2)
A lawsuit brought on a dispute over pollution damage for a ship’s discharge, omission or dumping of oil or other harmful substances,
or maritime production, operations, ship scrapping, repairing operations shall be under the jurisdiction of the maritime court of
the place where oil pollution occurred, where injury result occurred or where preventive measures were taken;
(3)
A lawsuit brought on a dispute over a performance of a maritime exploration and development contract within the territory of the People’s
Republic of China and the sea areas under its jurisdiction shall be under the jurisdiction of the maritime court of the place where
the contract is performed.
Article 8
Where the parties to a maritime dispute are foreign nationals, stateless persons, foreign enterprises or organizations and the parties,
through written agreement, choose the maritime court of the People’s Republic of China to exercise jurisdiction, even if the place
which has practical connections with the dispute is not within the territory of the People’s Republic of China, the maritime court
of the People’s Republic of China shall also have jurisdiction over the dispute.
Article 9
An application for determining a maritime property as ownerless shall be filed by the parties with the maritime court of the place
where the property is located; an application for declaring a person as dead due to a maritime accident shall be filed with the maritime
court of the place where the competent organ responsible for handling with the accident or the maritime court that accepts the relevant
maritime cases.
Article 10
In the event of a jurisdictional dispute between a maritime court and a people’s court, it shall be resolved by the disputing parties
through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people’s court for the
designation of jurisdiction.
Article 11
When the parties apply for enforcement of maritime arbitral award, apply for recognition and enforcement of a judgement or written
order of a foreign court and foreign maritime arbitral award, an application shall be filed with the maritime court of the place
where the property subjected to execution or of the place where the person subjected to execution has its domicile. In case of no
maritime court in the place where the property subjected to execution or in the place where the person subjected to execution has
its domicile, an application shall be filed with the intermediate people’s court of the place where the property subjected to execution
or of the place where the person subjected to execution has its domicile.
Chapter III Maritime Claims Preservation
Section 1 General Principles
Article 12
Maritime claims mean maritime courts, according to applications of maritime claimants, take compulsory preservation measures against
property of persons against whom the claims are brought up in order to ensure the realization of such rights.
Article 13
An application for maritime claims by the parties shall, before bring a lawsuit, be filed with the maritime court of the place where
the property subjected to preservation.
Article 14
Maritime claims shall not be bound by procedure jurisdiction agreements or arbitration agreements relating to the said maritime claims
between the parties.
Article 15
Where maritime claimants apply for maritime claims, written applications shall be filed with maritime courts. Maritime claims, application
reasons, objects subjected to preservation and amounts for guaranty shall be stated in applications.
Article 16
A maritime court may, in accepting a maritime preservation application, order the claimant to provide a guaranty. Where the claimant
fails to provide guaranty, his application shall be rejected.
Article 17
After receiving an application, the maritime court must make an order within 48 hours; if the court orders the adoption of maritime
preservation measures, the execution thereof shall begin immediately. Where not conforming to the conditions for a maritime preservation,
the application shall be rejected.
If the party concerned is not satisfied with the order, he may, within five days from the date of the receipt of the order, apply
for reconsideration which could be granted only once. The maritime court shall make a reconsideration decision within five days from
the date of the receipt of the reconsideration application. Execution of the order shall not be suspended during the time of reconsideration.
Where the interested party raises objection to the maritime preservation, the maritime court, upon examination and deeming it reasonable,
shall cancel the property preservation.
Article 18
If the person against whom the application for maritime preservation is made provides guaranty, or the party has justified reasons
for applying cancellation of maritime reservation, the people’s court shall cancel the property reservation promptly.
If the maritime claimant fails to bring an action or apply for arbitration according to the arbitration agreement within the time
limit specified by this Law, the people’s court shall cancel the property reservation or return the guaranty promptly.
Article 19
Where the relevant maritime dispute enters into litigation or arbitration procedure after execution of the maritime preservation,
the party may bring an action relating to the maritime claim to the maritime court which has taken maritime claim preservation or
other maritime courts having jurisdiction over it, with the exception of signing of a litigation jurisdiction agreement or an arbitration
agreement between the parties.
Article 20
If an application for maritime preservation is wrongfully made by a maritime claimant, the claimant shall compensate the person against
whom the application is made for any loss incurred from maritime preservation.
Section 2 Arresting or Auction Sale of Ships
Article 21
The following maritime claims may applied for arresting ships:
(1)
the destruction of or damage to the property occurred in the operation of the ship;
(2)
the loss of life or personal injury directly relating to the operation of the ship;
(3)
salvage payment;
(4)
the damage or threat of damage caused by the ship to the environment, seashore or the relevant interested parties; the measures taken
for prevention, reduction and elimination of such damage; payment for compensation of such damage; the reasonable cost for the measures
taken actually or preparing to take for restoring the environment; loses the third party suffered or will probably suffer due to
such damage; and the damage, fees or loses which are similar in nature specified in this Item;
(5)
fees relating to floating, elimination, recycling and destruction of sunken ships, shipwreck, stranded objects, abandoned ships or
making them harmless, including fees relating to floating, elimination, recycling and destruction of the objects which still are
or were abroad such ships or making them harmless, and fees relating to maintenance of abandoned ships and suppurating the crew members;
(6)
the agreement or use or charter parties of the ship;
(7)
an agreement for carriage of goods or passengers;
(8)
goods (including luggage) on board or loss or damage related thereto;
(9)
general average;
(10)
towage service;
(11)
pilotage service;
(12)
provision of materials or services for operation, management, maintenance and repair of ships;
(13)
ship building, rebuilding, repair, refitting or fitting;
(14)
prescribed fees or fees for ports, canals, wharves, harbors or other waterways;
(15)
wages of ship’s crew or other payments, including the repatriation fee and social insurance premium payable for ship’s crew;
(16)
expenses paid for a ship or shipowner;
(17)
ship’s insurance premium (including mutual insurance membership fee) paid by a shipowner or bareboat charterer, or paid on his behalf;
(18)
the commission, brokerage or agency fee related to a ship paid by the shipowner or bareboat charterer, or paid on his behalf;
(19)
a dispute over ownership or possession of a ship;
(20)
a dispute over use of or profit from a ship between co-owners of the ship;
(21)
a mortgage of a ship or right of the same nature; or
(22)
a dispute arising from a contract for sale of a ship.
Article 22
No application for arrest of a ship may be filed except for the maritime claims as stipulated in Article 21 of this Law; there are
exceptions, however, for executing judgments, arbitral awards or other legal documents.
Article 23
If any of the following circumstances exists, a maritime court may arrest the involved ship:
(1)
where the shipowner is held responsible for a maritime claim and is the owner of the ship when the arrest is executed;
(2)
where the bareboat charterer of the ship is held responsible for a maritime claim and is the bareboat charterer or the owner of the
ship when the arrest is executed;
(3)
where a maritime claim is enpost_titled to a mortgage of the ship or right of the same nature;
(4)
where a maritime claim relates to ownership or possession of the ship; or
(5)
where a maritime claim is enpost_titled to a maritime lien.
A maritime court may arrest other ships owned by the shipowner, bareboat charterer, time charterer or voyage charterer who is held
responsible for a maritime claim, when the arrest is executed, with the exception of the claims related to ownership or possession
of the ship.
No ship engaging in military or government duties may be arrested.
Article 24
A maritime claimant may not apply to arrest a ship having been arrested for the same maritime claim, except that any of the following
circumstances exists:
(1)
where the party who opposes the claim has not provided a sure guarantee;
(2)
where the guarantor probably cannot perform his obligation of guarantee wholly or partly; or
(3)
where the maritime claimant agrees to release the arrested ship or return the existing guarantee for justifiable reason; or cannot
stop the release of the arrested ship or return of the existing guarantee by justifiable means.
Article 25
For a maritime claimant applying to arrest the involved ship, if the name of the party who opposes the claim cannot be ascertained
at once, the filing of his application shall not be affected.
Article 26
A maritime court may issue the relevant departments with a notice for assistance in execution at the same time it issues or cancels
an order for arrest of a ship, and the notice shall clearly set forth the scope and content of the assistance in execution and the
relevant departments have the obligation to assist in execution. A maritime may directly dispatch personnel to board the ship for
supervision if it deems necessary.
Article 27
After a maritime court orders to impose preservation upon a ship, with consent of the maritime claimant, it may allow the ship to
continue the operation by ways of restraining the disposition or mortgage of the ship.
Article 28
The period of arresting a ship for maritime claim preservation shall be 30 days.
If a maritime claimant brings a law suit or applies for arbitration within 30 days, and applies for arrest of a ship in the course
of the litigation or arbitration, the arrest of the ship shall not be restrained by the period stipulated in the preceding paragraph.
Article 29
If, on the expiration of the period of arresting a ship, the party who opposes the claim fails to provide guarantee, and the ship
is not suitable for being arrested longer, the maritime claimant may apply to the maritime court arresting the ship for auction of
the ship after bringing a law suit or applying for arbitration.
Article 30
A maritime court shall conduct examination after receiving the application for auction of a ship, and make an order approving or disapproving
the auction of the ship.
If a party is not satisfied with the order, he may apply for reconsideration once within five days of the date of receiving the written
order. The maritime court shall make a reconsideration decision within five days of receiving the reconsideration application. Execution
of the order shall be suspended during the time of reconsideration.
Article 31
Where a maritime claimant, after filing an application for auction of a ship, applies for stopping the auction, whether or not to
give a permission shall be ordered by the maritime court. If the maritime court orders to stop the auction of the ship, expenses
incurred for auctioning the ship shall be paid by the maritime claimant.
Article 32
A maritime court that orders to auction a ship shall issue a public notice through newspapers or other new media. If a foreign ship
is to be auctioned, a public notice shall be issued through newspapers or other news media distributed abroad.
A public notice shall contain the following particulars:
(1)
name and nationality of the ship to be auctioned;
(2)
causes and basis for auction of the ship;
(3)
composition of the ship auction committee;
(4)
time and place for auction of the ship;
(5)
time and place for display of the ship to be auctioned;
(6)
procedure to be undergone for participating in the bidding;
(7)
registered items to be handled for claims; and
(8)
other particulars as required to be publicized.
The period of a public notice for auction of a ship shall not less than 30 days.
Article 33
A maritime court, 30 days prior to auction of the ship, shall issue notices to the registration authorities of the country of registry
of the ship to be auctioned, and to the known lienor, mortgagee and owner of the ship.
The contents of the notice contain the name of the ship to be auctioned, time and place for auction of the ship, causes and basis
for auction of the ship, and registration of claims.
The notice shall be in writing or take other appropriate forms by which receipt can be confirmed.
Article 34
Auction of a ship shall be executed by a ship auction committee. The ship auction committee shall be composed of three or five persons,
that is, execution officers appointed, as well as auctioneers and surveyors engaged by the maritime court.
The ship auction committee organizes appraisal and valuation of the ship; organizes and presides over the auction; signs a letter
of confirmation for conclusion of the auction with the bidder; and handles procedures for the transfer of the ship.
The ship auction committee shall be responsible to the maritime court and subject to supervision of the maritime court.
Article 35
Bidders shall register with the ship auction committee within a prescribed time limit. For registration, they shall submit for inspection
the identity certificates of themselves, enterprises’ legal representatives, or persons-in-charge of other organizations, as well
as powers of attorney of agents, and pay a certain amount of bonds for purchase of the ship.
Article 36
A ship auction committee shall display the ship to be auctioned before the auction of the ship, and shall provide facilities for inspecting
the ship to be auctioned and relevant data.
Article 37
The vendee shall pay without delay not less than 20 percent of the ship’s price after he signs a letter of confirmation, and the remainder
of the ship’s price shall be settled within seven days of the date of concluding the auction, however, except otherwise agreed upon
between the ship auction committee and the vendee.
Article 38
Once the vendee has settled the price in full, the original shipowner shall delivery the ship to the vendee on the basis of the current
condition of the ship, at the place of berth of the ship, within a fixed time limit. The ship auction committee shall organize and
supervise the delivery of the ship, and sign a letter of confirmation of ship’s delivery with the vendee after the delivery of the
ship.
After the delivery of the ship is finished, the maritime court shall issue an order releasing the arrest of the ship.
Article 39
After the delivery of the ship, the maritime court shall issue a public notice through newspapers or other news media, announcing
that the ship has been auctioned openly and delivered to the vendee.
Article 40
After accepting the ship, the vendee shall undergo formalities for registration of the ship’s ownership at the ship registration authorities
on the basis of the letter of confirmation for conclusion of auction and relevant data. The original shipowner shall undergo formalities
for cancellation of registration of the ship’s ownership at the original ship registration authorities. Failure to undergo formalities
for cancellation of registration of the ship’s ownership by the original shipowner shall not affect the transfer of the ship’s ownership.
Article 41
Malicious collusion between bidders makes the auction invalid. Any bidder involved in malicious collusion shall pay expenses for auctioning
the ship and compensate losses incurred. The maritime court may impose upon the bidder involved in malicious collusion a fine of
not more than ten percent and not less than 30 percent of the highest price offered.
Article 42
In addition to the provisions in this Section, auction shall be governed by the relevant provisions of the Auction Law of the People’s
Republic of China.
Article 43
Auction of an arrested ship for debt payment during the procedure of execution may be referred to the relevant provisions of this
Section.
Section 3 Arrest and Auction of the Goods on Board
Article 44
A maritime claimant may apply to arrest the goods on board for ensuring the fulfillment of his maritime claim.
The goods on board to be arrested on application shall be under ownership of the party who opposes the claim.
Article 45
The value of the goods on board to be arrested on application by a maritime claimant shall be equivalent to the amount of his claim.
Article 46
The period of arresting the goods on board for maritime claim preservation shall be 30 days.
If a maritime claimant brings a law suit or applies for arbitration within 15 days, and applies for arrest of the goods on board in
the course of the litigation or arbitration, the arrest of the goods on board shall not be restrained by the period stipulated in
the preceding paragraph.
Article 47
If, on the expiration of the period of arresting the goods on board, the party who opposes the claim fails to provide guarantee, and
the goods are not suitable for being arrested longer, the maritime claimant may apply to the maritime court arresting the goods on
board for auction of the goods after bringing a law suit or applying for arbitration.
For articles which cannot be stored, or are difficult to be stored, or the storage expense may exceed their value, the maritime claimant
may apply for auction in advance.
Article 48
A maritime court shall conduct examination after receiving the application for auction of the goods on board, and make an order approving
or disapproving the auction of the goods on board.
If a party is not satisfied with the order, he may apply for reconsideration once within five days of the date of receiving the written
order. The maritime court shall make a reconsideration decision within five days of receiving the reconsideration application. Execution
of the order shall be suspended during the time of reconsideration.
Article 49
Auction of the goods on board shall be executed by an auction organization composed of execution officers appointed, and auctioneers
engaged by the maritime court, or executed by an agency authorized by the maritime court.
Auction of the goods on board, if not covered by the provisions of this Section, shall be referred to the relevant provisions of Section
2 of this Chapter on auction of a ship.
Article 50
Application by a maritime claimant for maritime claim preservation imposed upon fuel and materials used by a ship related to the maritime
claim shall be governed by the provisions of this Section.
Chapter IV Maritime Injunction
Article 51
A maritime injunction means any of compulsory measures by which a maritime court, on application by a maritime claimant, orders an
act or omission by the party who opposes the claim, in order to protect the lawful rights and interests of the maritime claimant
against any infringement.
Article 52
An interested party applying for a maritime injunction before bringing a law suit shall refer to the maritime court at the place where
the maritime dispute occurred.
Article 53
A maritime injunction shall not be restrained by a jurisdiction agreement or an arbitration agreement relating to the maritime claim
as agreed upon between the parties.
Article 54
A maritime claimant applying for a maritime injunction shall submit a written application to a maritime court. The application shall
clearly set forth causes for application with relevant evidence attached thereto.
Article 55
A maritime court accepting an application for a maritime injunction may order the maritime claimant to provide guarantee. If the maritime
claimant fails to provide guarantee, the application shall be rejected.
Article 56
To make a maritime injunction, the following conditions shall be fulfilled:
(1)
The claimant has a specific maritime claim;
(2)
There is a need to rectify an act committed by the party who opposes the claim, in violation of the provisions of the law or the stipulations
of a contract; and
(3)
In case of emergency, failure to make a maritime injunction immediately will cause damage or expand damage.
Article 57
After accepting the application, a maritime court shall make an order within 48 hours. If an order is made for making a maritime injunction,
it shall be executed immediately; if the conditions for a maritime injunction are not fulfilled, an order shall be made to reject
the application.
Article 58
If a party is not satisfied with the order, he may apply for reconsideration once within five days of the date of receiving the written
order. The maritime court shall make a reconsideration decision within five days of receiving the reconsideration application. Execution
of the order shall not be suspended during the time of reconsideration.
If an interested party lodges an objection to a maritime injunction, the maritime court shall order to cancel the maritime injunction
if it deems the causes are tenable through investigation.
Article 59
If the party who opposes the claim refuses to obey a maritime injunction, the maritime court may impose a fine or detain him in accordance
with the seriousness of the circumstances; if a crime has been constituted, criminal liability shall be investigated according to
the law.
A fine on an individual shall not be less than 1,000 yuan and not more than 30,000 yuan . A fine on a unit shall not be less than
30,000 yuan and not more than 100,000 yuan.
The period of detention shall not be longer than 15 days.
Article 60
A maritime claimant wrongfully submitting an application for a maritime injunction shall compensate losses incurred by the party who
opposes the claim or an interested party.
Article 61
If no litigation or arbitration procedures start for relevant maritime disputes after the execution of the maritime injunction, the
parties may bring a law suit for this maritime claim to the maritime court making the maritime injunction or the other maritime court
having jurisdiction, except that a jurisdiction agreement or an arbitration agreement has been concluded between the parties.
Chapter V Maritime Evidence Preservation
Article 62
Maritime evidence preservation means any of compulsory measures by which a maritime court obtains, retains or seals up evidence related
to the maritime claim on application by the maritime claimant.
Article 63
An interested party applying for maritime evidence preservation before bringing a law suit shall refer to the maritime court at the
place where the evidence to be preserved is located.
Article 64
Maritime evidence preservation shall not be restrained by a jurisdiction agreement or an arbitration agreement relating to the maritime
claim as agreed upon between the parties.
Article 65
A maritime claimant applying for maritime evidence preservation shall submit a written application to a maritime court. The application
shall clearly set forth the evidence to be preserved on application, the relation between the evidence and the maritime claim and
causes for application.
Article 66
A maritime court accepting an application for maritime evidence preservation may order the maritime claimant to provide guarantee.
If the maritime claimant fails to provide guarantee, the application shall be rejected.
Article 67
To impose maritime evidence preservation, the following conditions shall be fulfilled:
(1)
The claimant is the party to the maritime claim;
| Category |
SPECIAL ADMINISTRATIVE REGION |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1999-06-28 |
Effective Date |
1999-12-20 |
|
|
|
Law of the People’s Republic of China on Garrisoning the Macao Special Administrative Region |
Contents
Chapter I General Provisions
Chapter II Functions and Responsibilities of the Macao Garrison
Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region
Chapter IV Obligation of and Discipline for Members of the Macao Garrison
Chapter V Judicial Jurisdiction over Members of the Macao Garrison
Chapter VI Supplementary Provisions
(Adopted by the tenth Meeting of the Standing Committee of the Ninth National People’s Congress on June 28,1999, promulgated by Order
No. 18 of the President of the People’ Republic of China, and effective as of December 20, 1999)
Contents
Chapter I General Provisions
Chapter II Functions and Responsibilities of the Macao Garrison
Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative
Region
Chapter IV Obligation of and Discipline for Members of the Macao Garrison
Chapter V Judicial Jurisdiction over Members of the Macao Garrison
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and the Basic Law of the Macao Special Administrative Region to
ensure the lawful performance of functions and responsibilities by the military forces by the Central People’s Government in the
Macao Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State and
the security of Macao.
Article 2 The military forces stationed by the Central People’s Government in the Macao Special Administrative Region for defense
shall be designated as the Macao Garrison of the Chinese People’s Liberation Army (hereinafter referred to as the Macao Garrison).
The Macao Garrison shall be subject to the direction of the Central Military Commission of the People’s Republic
of China. Its components and the number of its members shall be determined according to the need for the defence of the Macao Special
Administrative Region.
The Macao Garrison shall practice a system of rotation of its members.
Article 3 The Macao Garrison shall not interfere in the local affairs of the Macao Special Administrative Region. The Government
of the Macao Special Administrative Region may, when necessary, ask the Central People’s Government for assistance from the Macao
Garrison in the maintenance of public order or in disaster relief.
Article 4 Members of the Macao Garrison shall abide by not only national laws but also the laws of the Macao Special Administrative
Region.
Article 5 Expenditures for the Macao Garrison shall be borne by the Central People’s Government.
Chapter II Functions and Responsibilities of the Macao Garrison
Article 6 The Macao Garrison shall perform the following defence functions and responsibilities:
(1)preparing against and resisting aggression, and safeguarding the security of the Macao Special Administrative
Region;
(2)carrying out defence duties;
(3)administering military facilities;
(4)handling foreign-related military affairs.
Article 7 In the event that the Standing Committee of the National People’s Congress decides to declare a state of war or, by reason
of turmoil within the Macao Special Administrative Region, decides that the Region is in a state of emergency, the Macao Garrison
shall perform its duties in accordance with the provisions of the national laws that the Central people’s Government decides to apply
in the Region.
Article 8 No weapons and equipment, such as aircraft and vessels, and no materials of the Macao Garrison , and no members or vehicle
of the Garrison that bears a certificate or a document of certification issued by the Macao Garrison showing that the bearer is on
official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Macao Administrative Region.
The Macao Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in
force in the Macao Special Administrative Region.
Article 9 Members of the Macao Garrison may, in accordance with the provisions of the laws in force in the Macao Special Administrative
Region, take measures to stop any act which obstructs their performance of official duties.
Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region
Article 10 The Government of the Macao Special Administrative Region shall support the Macao Garrison in its performance of defence
functions and responsibilities and guarantee the lawful rights and interests of the Macao garrison and its Members.
The Macao Special Administrative Region shall, by means of law, guarantee the rights and immunities that the
Macao Garrison and its members should enjoy when performing their functions and responsibilities.
The Macao Special Administrative Region shall consult the Macao Garrison when formulating any policy or drafting
and legislation which concerns the Macao Garrison.
Article 11 The Macao Garrison shall notify in advance the Government of the Macao Special Administrative Region of any military activities
it is to conduct such as training exercises and manoeuvres which may affect the public interests of the Macao Special Administrative
Region.
Article 12 The Macao Garrison and the Government of the Macao Special Administrative Region shall jointly protect the military facilities
within the Macao Special Administrative Region.
The Macao Garrison shall delimit military restricted zones in conjunction with the Government of the Macao
Special Administrative Region. The location and boundaries of the military restricted zones shall be declared by the Government of
the Macao Special Administrative Region.
The Government of the Macao Special Administrative Region shall assist the Macao Garrison in maintaining the
security of the military restricted zones, and prohibit any organization or individual from damaging or endangering any military
facilities.
Without permission of the Commander of the Macao Garrison or other officers as he may authorizes to give such
permission, no person, vehicle, vessel or aircraft other than those of the Macao Garrison shall enter the military restricted zones.
Guards of the military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted
zone or any act which damages or endangers any military facilities.
The Macao Garrison shall protect the natural resources, historical relics and monuments, and other non-military
rights and interests within the military restricted zones in accordance with the laws of the Macao Special Administrative Region.
Article 13 Any land used by the Macao Garrison for military purposes shall be supplied without compensation by the Government of
the Macao Special Administrative Region.
Any land used by the Macao Garrison for military purposes, when approved by the Central People’s Government
to be no longer needed for defence purposes, shall be turned over without compensation to the Government of the Macao Special Administrative
Region for disposal.
If the Government of the Macao Special Administrative Region needs for public use any part of the land used
for military purposes by the Macao Garrison, it shall seek approval of the Central People’s Government; where approval is obtained,
the Government of the Macao Special Administrative Region shall make reprovision of land and military facilities for the Macao Garrison
at such sites as agreed to by the Central People’s Government, and shall bear all the expenses and costs entailed.
Article 14 Where the request of the Government of the Macao Special Administrative Region to the Central People’s Government for
assistance from the Macao Garrison in the maintenance of public order or in disaster relief is approved by the Central People’s Government,
the Macao Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of assistance
in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to their barracks
immediately.
The troops of the Macao Garrison who are called out to assist in the maintenance of public order or in disaster
relief shall, under the arrangement of the Government of the Macao Special Administrative Region, be commanded by the Commander of
the Macao Garrison or the officer authorized by him.
Members of the Macao Garrison may, in the course of rendering assistance in the maintenance of public order
or in disaster relief, exercise the powers matched to the tasks they carry out and conferred to law-enforcing personnel concerned
by the laws of the Macao Special Administrative Region.
Article 15 The Macao Garrison and the Government of the Macao Special Administrative Region shall establish liaison to deal with
matters concerning the Macao Garrison through consultation.
Chapter IV Obligation of and Discipline for Members of the Macao Garrison
Article 16 Members of the Macao Garrison shall fulfill the following obligations:
(1) to be loyal to their motherland, perform their functions and responsibilities, maintain the security,
honour and interests of their motherland, and safeguard the security of Macao;
(2) to abide by national laws and the laws of the Macao Special Administrative Region, and observe military
discipline;
(3) to respect the organs of political power, the social system and the ways of life of the Macao Special
Administrative Region;
(4) to cherish the public property of the Macao Special Administrative Region and the private property of
Macao residents and other persons;
(5) to observe public ethics and cultivate civility and courtesy. Article 17 Members of the Macao Garrison
shall not join any political, religious or social organization in Macao.
Article 18 The Macao Garrison shall not engage in any form of profit-making business activities. Members of the Macao Garrison shall
not engage in any other activity incompatible with their functions and responsibilities as servicemen.
Article 19 Any member of the Macao Garrison who contravenes any national law or law of the Macao Special Administrative Region shall
be investigated for legal liability according to law.
Any member of the Macao Garrison who breaches military discipline shall be subject to disciplinary sanction.
Chapter V Judicial Jurisdiction over Members of the Macao Garrison
Article 20 Criminal offences committed by members of the Macao Garrison shall be under the jurisdiction of the military judicial
organs; but offences which are committed by members of the Macao Garrison when not performing their official duties and in such violation
of the personal right or property right of Macao residents or other persons who are not of the Macao Garrison or otherwise in such
contravention of the laws of the Macao Special Administrative Region as to constitute crimes, shall be subject to the jurisdiction
of the judicial organs of the Macao Special Administrative Region.
The military judicial organ and the judicial organs of the Macao Special Administrative Region may transfer
to the other party the criminal cases of members of the Macao Garrison under their respective jurisdiction if they consider it to
be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation.
Macao residents or other persons not of the Macao Garrison involved as defendants in the criminal cases of
members of the Macao Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Macao Special
Administrative Region.
Article 21 Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Macao Special Administrative
Region, once confirmed upon investigation to be a member of the Macao Garrison, shall be handled over to the Macao Garrison for custody.
Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of
this Law.
Article 22 Any member of the Macao Garrison sentenced by a court of the Macao Special Administrative Region to criminal punishment
which deprives him of or restricts his personal freedom or to security measures shall be delivered for sentence enforcement according
to the provisions of the laws of the Macao Special Administrative Region, except for the case in which the place of sentence enforcement
is otherwise determined by a relevant law-enforcing organ of the Macao Special Administrative Region and the military judicial organ
through consultation.
Article 23 Where any member of the Macao Garrison, in contravention of the laws of the Macao Special Administrative Region, infringes
the civil rights of any Macao resident or other person not of the Macao Garrison, the parties concerned may seek settlement through
consultation or mediation; if they are unwilling or fail to reach settlement through consultation or mediation, the infringed party
may bring an action in the court. Cases of tort arising from acts committed by members of the Macao Garrison when not performing
their official duties shall be subject to the jurisdiction of the courts of the Macao Special Administrative region; cases of tort
arising from acts committed by members of the Macao Garrison when performing their official duties shall be subject to the jurisdiction
of the Supreme People’s Court of the People’s Republic of China, and compensation for any loss or injury incurred by acts of tort
shall be governed by the laws of the Macao Special Administrative Region.
Article 24 Where any contractual disputes arises within the Macao Special Administrative Region between any organ or unit of the
Macao Garrison and any Macao resident or other person not of the Macao garrison, the parties concerned may settle their dispute through
consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they may submit
the dispute to the arbitration institution for arbitration in accordance with the arbitration clause contained in the contract or
with a written arbitration agreement reached by the parties afterwards. If no arbitration clauses is contained in the contract and
no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Macao Special Administrative
Region, except that the parties agree otherwise as to the court for instituting proceedings.
Article 25 Certificates issued by the Macao Garrison regarding facts such as identity of membership of the Macao Garrison and acts
in performance of official duties shall be valid evidence in proceedings in the courts of the Macao Special Administrative Region,
unless the contrary is proved.
Article 26 Acts of the State of the Macao Garrison such as defense affairs shall not be subject to the jurisdiction of the courts
of the Macao Special Administrative Region.
Article 27 Organs or units of the Macao Garrison shall comply with the judgements or orders issued by the courts of the Macao Special
Administrative Region concerning arrangement of their property; but the said courts shall not enforce judgements or orders on any
weapon, equipment, material or other property of the Macao garrison.
Article 28 The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant
law-enforcing organs of the Macao Special Administrative Region, and they may render assistance to each other.
Chapter VI Supplementary Provisions
Article 29 The power of interpretation of this Law shall be vested in the Standing Committee of the National People’s Congress.
Article 30 This Law takes effect as of December 20,1999.
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The State Administration of Taxation
Circular of the State Administration of Taxation on the Issues Related with the Offset Taxable Income on Technology Development Fee
of Enterprises with Foreign Investment
GuoShuiFa [1999] No.173
September 17, 1999
The national taxation bureaus of all provinces, autonomous regions, municipalitie directly under the Central Government and municipalities
separately listed on the State plan, the local taxation bureau of Shenzhen City:
Recently, the State Council has decided that in those enterprises with foreign investment where technology development fee has increased
by over 10% (including 10%) than that for the previous year, shall be permitted, upon examination and approval by the taxation authorities,
to re-offset 50% of the amount actually used for technology development fee for the taxable income for the same year.
The relevant issues with the implementation of this preferential taxation policy are notified as follows:
1.
In the enterprises where technology development fee occurred within the Chinese territory for the year has increased by over 10% (including
10%) than that for the previous year, they shall be permitted, upon examination and approval by the taxation authorities, to re-offset
50% of the technology development fee actually used for the year for the taxable income for the same year. The application period,
procedures for examination and verification, and approval power shall be provided by the taxation authorities at the provincial level
(autonomous regions, municipalitie directly under the Central Government and municipalities separately listed on the State plan),
in accordance with the relevant laws, regulations and the present Circular, and taking into account of the actual situation at their
localities. The regulations thus formulated shall be filed with the State Administration of Taxation.
The technology development fee applicable to provisions of the proceeding Article refers to: new products designing fee actually used
by the enterprises in one tax payment year for research and development of new products, new skills and new technologies; technology
process formulation fee; equipment test and adjustment fee; trial-production fee for raw materials and semi-products; technology
books and material fee; intermediate experiment fee not enlisted into the State plan; staff members wages of the research institutions;
depreciation fee for research equipment; and other fees related with trial-production of new products and technology research. Fees
excluded are purchase fee or using fee paid for technology purchased from other units by the enterprises or technology using right
transferred to the enterprises, and fees for operation cost and expenses paid by the enterprises engaged in technology development
for business related with technology development service.
2.
In the enterprises where technology development fee has increased by over 10% than that for the previous year, and 50% of the amount
actually used by the enterprises is higher than the taxable income for this year, the enterprises may be permitted to offset the
portion which is not exceeding their taxable income; for the exceeding portion, they shall not be allowed to offset in this year
or for the succeeding years.
For enterprises having no taxable income for this year after they have made up for the loss for the previous year, in accordance with
the provisions of the Article 11 of the Income Tax Law of the People’s Republic of China Concerning Enterprises with Foreign Investment
and Foreign Enterprises, technology development fee they have actually used in the same year shall not be applicable to the provisions
of Clause one, Article 1 of the present Circular.
3.
Technology development fee occurred owing to the establishment, by enterprises with foreign investment, of institutions and places
within the Chinese territory and engaging in productive and operative activities, shall be dealt with on the analogy of the provisions
as specified in this Circular.
4.
This Circular shall come into effect on sJanuary 1, 2000.
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