DETAILED RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE REGULATIONS ON ADMINISTRATION OF TECHNOLOGY IMPORT CONTRACTS OF THE PEOPLE’S REPUBLIC OF CHINA
IMPLEMENTATION RULES FOR THE PROVISIONAL REGULATIONS OF BEIJING MUNICIPALITY CONCERNING NEW TECHNOLOGY INDUSTRY DEVELOPMENT ZONE
NOTICE CONCERNING THE ORGANIC ESTABLISHMENT OF THE STATE COUNCIL
INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT
| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1989-02-20 | Effective Date | 1989-05-01 |
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Interim Provisions Concerning Compensation for Bodily Injury of Passengers in Domestic Air Transport |
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(Adopted at the 31st Executive Meeting of the State Council on January 3,
1989, promulgated by Decree No. 28 of the State Council of the People’s
Republic of China on February 20, 1989 and become effective as of May 1, 1989)
(Editor’s Note: For the revised text, see Decision of the State Council on
Revising the Interim Provisions Concerning Compensation for Bodily Injury of
Passengers in Domestic Air Transport promulgated November 29, 1993)
Article 1 These Provisions are formulated for the purpose of defining the
civil liability that domestic air carriers shall bear for the bodily injury of
passengers.
Article 2 These Provisions shall apply to the compensation for the bodily
injury of passengers that occur in domestic air passenger transportation.
The term “domestic air passenger transportation” referred to in the
preceding paragraph denotes any air passenger transportation in which,
according to the contract of carriage, the place of departure, the agreed
stops, and the destination are all within the territory of the People’s
Republic of China.
Article 3 The carriers shall be liable for compensation for death and
injury sustained by passengers on board an aircraft or in the course of
embarkation or disembarkation.
Article 4 The carriers shall not be liable for compensation provided they
can prove that death or injury of passengers is caused by force majeure or by
the passengers’ own health conditions.
Article 5 The carriers’ liability to pay compensation may be reduced or
exempted provided they can prove that the death or injury of passengers is
caused by the negligence or wilful misconducts on the part of the passengers
themselves.
Article 6 The maximum amount of compensation shall be 20,000 Renminbi
yuan for each individual passenger, for which the carriers are liable for
compensation as under these Provisions.
Article 7 Passengers may at their own discretion to cover with an
insurance company an insurance against accidental bodily injury in air
transportation. The payment of the insurance indemnity, however, shall not
exempt or reduce the amount of compensation that the carriers shall be liable
for paying.
Article 8 Compensation paid to foreigners, overseas Chinese, compatriots
from Hong Kong and Macao, and compatriots from Taiwan may be converted into
the currency of the country or region concerned and the rate of exchange shall
be decided as per the listed rate of exchange officially published by the
state administrative department for control of foreign exchange of the
People’s Republic of China on the day on which the compensation is paid.
Article 9 In the event that a dispute with respect to the compensation
for injury arises between the passengers or their heir and the carrier, they
may file a suit with the people’s court.
Article 10 The Civil Aviation Administration of China shall be
responsible for the interpretation of these Provisions.
Article 11 These Provisions shall become effective as of May 1, 1989
and the Regulations Concerning Compulsory Insurance Against Accidental Injury
for Air Passengers promulgated by the Financial & Economic Commission of the
Administration Council of the People’s Republic of China on April 24, 1951
shall be nullified simultaneously.
CIRCULAR OF THE STATE COUNCIL ON STRENGTHENING THE ADMINISTRATION OF THE OBTAINING OF INTERNATIONAL COMMERCIAL LOANS
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-01-12 | Effective Date | 1989-01-12 |
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Circular of the State Council on Strengthening the Administration of the Obtaining of International Commercial Loans |
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The following Circular is issued, in accordance with the requirements of
the Central Authorities concerning the improvement of the economic environment,
the straightening out of the economic order and the deepening of the reform,
for the purpose of strengthening the administration over the obtaining of
international commercial loans.
1. It is imperative to control the scale of borrowing from abroad. The
various localities and departments shall act in strict accordance with the
State plan for the use of foreign funds. No departments or units may, without
authorization, obtain from abroad any kind of international commercial loans
or borrow money from the Chinese institutions and banks operating abroad, if
such obtaining or borrowing is not included in the State plan for the use of
foreign funds and is not approved by the head office of the People’s Bank of
China. Without the approval of the department for control of foreign exchange,
no loans may be deposited abroad. If any party contracts a loan without
authorization, the contract therefor shall not go into effect, the department
for control of foreign exchange, shall not handle the registration for the
foreign loan obtained, the bank shall not open a foreign exchange account for
the loan, and the principal of the loan and the interest thereon may not be
remitted abroad.
2. It is imperative to exercise administration over the balance of
short-term international commercial loans obtained and, without the approval
of the State, no quota of balance that has been verified and approved may be
exceeded. Any part that exceeds the amount of the balance shall, within half a
year as of the date of the promulgation of this Circular, be readjusted so
that the balance shall be within the quota verified and approved, failing
which the local department for control of foreign exchange shall deduct a
corresponding amount from the foreign exchange the party concerned is
enpost_titled to retain or shall compulsorily make use of the party’s quota of
medium-term and long-term international commercial loans for the repayment
of the loan. A short-term loan obtained from abroad may only be used for the
turnover of the circulating funds and may not be used for investment projects
in fixed assets.
3. The issuance abroad of bonds shall, within the framework of the State
plan for the use of foreign funds, be handled by a financial institution that
has been authorized by the People’s Bank of China to issue bonds. All
bond-issuing units must, prior to the issuance, apply to the People’s Bank of
China for approval in strict accordance with the Provisions Concerning the
Administration of the Issuance of Bonds Abroad by Domestic Chinese
Institutions promulgated by the People’s Bank of China. Any government
departments that are to issue bonds in the international market shall apply
to the State Council of the People’s Republic of China for approval. Without
the approval, no negotiations with the foreign parties concerned shall be
conducted. The People’s Bank of China shall do a good job of co-ordination
for the domestic bond-issuing institutions to enter the international market
for the issuance of bonds and examine carefully their credentials for issuing
bonds abroad.
4.It is imperative to strengthen the administration of guarantee of
foreign exchange. Guarantee of foreign exchange not only concerns China’s
international prestige but also involves the commitments to repay foreign
debts. It is imperative to strictly implement the Interim Measures for the
Administration of Guarantee of Foreign Exchange Provided by Domestic
Institutions promulgated by the People’s Bank of China. An enterprise that
is to provide such guarantee shall have a sufficient amount of foreign
exchange of its own as a guarantee and the total amount guaranteed may not
exceed the amount of funds of its own in foreign exchange. The sum of the
total amount of the guarantee of foreign exchange provided by a non-financial
institution and its total amount of foreign liabilities may not exceed the
ceiling prescribed by the People’s Bank of China. Without the approval of the
State Administration of Foreign Exchange Control, no domestic institutions
may provide guarantee of foreign exchange for institutions abroad. No
government departments or institutions may provide guarantee of foreign
exchange for parties abroad.
5. It is imperative to examine the projects of loans strictly. With
respect to a project which requires a medium or long-term international
commercial loan, the borrower unit shall, prior to the borrowing, conduct
careful feasibility studies as to the capability to repay and the economic
returns of the project and make sure that the obligations to repay are
undertaken and that the project is subject to strict evaluation by a
financial institution. No international commercial loans may be obtained
for a project which has not been established as an item for processing and
approved by the State planning department and for which the supporting funds
in Renminbi are not vet available and the conditions such as energy supply
and communication facilities are not yet present. No international commercial
loans may be obtained for projects of construction which are not included
in the State plan. With respect to a loan obtained from abroad by a domestic
unit, the foreign exchange thus obtained may in general not be used as
mortgage for loans in Renminbi and may not enter the market for regulating
foreign exchange. Where special need arises, the case shall be submitted to
the State Administration of Foreign Exchange Control for approval.
6. It is imperative to place a strict control on the number of windows
for external borrowing. Apart from the ten existing windows designated by
the State, i.e. the Bank of China, the Communications Bank, China
International Trust and Investment Corporation, the Investment Bank of China,
the Guangdong International Trust and Investment Corporation, the Fujian
Investment Enterprise Corporation, the Hainan International Trust and
Investment Corporation, the Investment and Trust Corporation of the Shanghai
Municipality, the International Trust and Investment Corporation of the
Tianjin Municipality and the Dalian International Trust and Investment
Corporation, no other windows for borrowing from abroad shall be approved.
Other localities, departments or units that intend to obtain international
commercial loans shall apply to the People’s Bank of China on the basis of
one application for one loan or a special application for a special loan.
The People’s Bank of China shall conduct conscientiously the work of clearing
up and rectification in the units that have borrowed from abroad. The various
windows for borrowing from abroad and the units that have been permitted by
the People’s Bank of China to obtain international commercial loans shall
handle the borrowing procedures in accordance with the relevant provisions of
the People’s Bank of China.
7. It is imperative to further improve the registration of foreign loans
and the statistical monitoring system. All foreign loans, whether procured
directly from abroad or obtained indirectly at home, shall be incorporated
into the statistical monitoring system of the State for foreign loans and
registered as such so as to ensure that the State maintains macro-supervision
and control over the scale and structure of foreign loans. The State
Administration of Foreign Exchange Control shall expedite the formulation
of procedures governing the registration and statistical momitoring with
respect to foreign loans obtained indirectly at home. Any parties that fail
to go through the procedures of registration or delay doing so shall be
penalized in strict accordance with the relevant provisions.
8. It is imperative to arrange the structure of foreign loans rationally.
The State Administration of Foreign Exchange Control and other departments
concerned shall make a timely study of such problems involved in a loan as the
kind of currency, the interest rate, the term, the mode of borrowing, the
country of origin, and the market situation and submit proposals to the State
Council of the People’s Republic of China. The People’s Bank of China shall
expedite the formulation of Procedures for the Administration of International
Commercial Loans so as to strengthen the work of examination and approval
and the work of administration.
People’s governments at various levels and the various departments shall
strictly implement the provisions of this Circular, earnestly place on their
agenda the work of administration in their own localities and departments
with respect to foreign loans, see to it that loans, obtained from abroad are
used properly and efficiently, and ensure that the loans are repaid within
the prescribed time so as to maintain the international prestige of our
country. Departments for control of foreign exchange at various levels shall
strengthen supervision, inspection and guidance with respect to the obtaining
of foreign loans and shall report on the situation in good time. The State
Council of the People’s Republic of China hereby authorizes the departments
for control of foreign exchange to deal severely with those that violate the
State provisions concerning the administration of foreign loans in accordance
with the relevant provisions and investigate the liability of persons directly
responsible and of the leaders concerned.
This Circular shall not apply to enterprises with foreign investment.
INTERIM PROVISIONS CONCERNING ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE
CUSTOMS REGULATIONS FOR THE SUPERVISION OF INBOUND AND OUTBOUND TRAINS AND THE GOODS AND COMMODITIES THEREON
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(Effective Date:1990.03.01–Ineffective Date:)
Article 1 In order to promote foreign economic and trade scientific, technological and cultural exchanges, and strengthen customs supervision Article 2 The “inbound and outbound trains” in these Regulations refer to the locomotives, passenger trains, goods trains, mail trains, baggage The “goods and commodities” in these Regulations refer to the goods, baggage, packages, mail and other items carried on trains passing The word “inter-customs transportation” in these Regulations refers to the fact that when goods and commodities have been transported Article 3 Outbound or inbound trains must stay at departure or entry stations for customs supervision and examination. Form the time an inbound train arrives at an entry station to the time when the Customs has finished its examination, or from the Article 4 During the Custom’s examination of an inbound or outbound train, no personnel are allowed to board and alight it except for those Article 5 The goods, commodities and passengers carried on an inbound or outbound train should be supervised by the Customs. When goods and If the Customs finds inbound or outbound goods or commodities to have been smuggled or if it suspects them to have been smuggled, Article 6 The goods and commodities under the supervision of the Customs should be supervised by the Customs whether they are stored in the The personnel sent by the Customs to a railway station, a warehouse of a freight supervision area, or a cargo transshipment area should Article 7 When an inbound or outbound train leaves a departure or entry station, the railway station should notify in advance the Customs of For each inbound and outbound goods train, a railway station should hand to the Customs a list of the orderly grouping of trains and Article 8 When the Customs finishes examining a train, it should immediately notify a departure or entry station. If it cannot finish the examination Article 9 For the goods and commodities carried on an inbound or outbound train, the departure or entry railway station must hand the following (1) a goods delivery note, or a baggage or package hand-over note and supplementary documents. (2) a goods hand-over note, or a baggage or package hand-over note. (3) other relevant documents as required by the Customs. Article 10 When proceeding with formalities for the import and export of goods, the recipient of imported goods (including packages) or the (1) a goods delivery note (including package declaration) and supplementary documents; (2) the license for imported or exported goods; and (3) other documents as required by the Customs. The owner of inbound reclaimed baggage and outbound checked baggage must complete relevant customs formalities. Article 11 When the Customs is examining goods, the departure and entry railway station should send its personnel to break the seals in the Article 12 For the goods and commodities that are returned by the Customs because they do not meet China’s entry control regulation, the railway Article 13 Only after the Customs has stamped a seal on the goods delivery note, or baggage or package declaration, can the railway station Article 14 Prior to the transportation of “inter-customs transportation” goods, the Customs should stamp a seal on the goods delivery note with Article 15 For the goods under customs supervision, if there is any change in the station of arrival in the country or a station of departure Article 16 The goods carried by passengers that have gone through customs and approved by the customs at the station of arrival in the country Article 17 The materials, spare parts, tools, wheel, and bogies for the repair of an inbound or outbound train will be exempted from customs For the materials used for sealing cars and tools for railway transportation (including tarpaulin), the railway station should declare Article 18 The goods for public use and the daily necessities for personal use within a reasonable amount carried by the personnel at the departure For the return of tarpaulin and empty containers, the recipient and sender or their agents should fill out the “tax-exemption certificate
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DECISION OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE PROPOSAL BY THE DRAFTING COMMITTEE FOR THE HONG KONG SPECIAL ADMINISTRATIVE REGION ON THE ESTABLISHMENT OF THE COMMITTEE FOR THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION UNDER THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS BASIC LAW
| Category | SPECIAL ADMINISTRATIVE REGION | Organ of Promulgation | The National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-04-04 | Effective Date | 1990-04-04 |
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Decision of the National People’s Congress Approving the Proposal by the Drafting Committee for the Basic Law of the Hong Kong Special |
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The Decision
Appendix
(Adopted at the Third Session of the Seventh National People’s Congress on
April 4, 1990)
The Decision
The Third Session of the Seventh National People’s Congress decides:
1. to approve the proposal by the Drafting Committee for the Basic Law of
the Hong Kong Special Administrative Region on the Establishment of the
Committee for the Basic Law of the Hong Kong Special Administrative Region
under the Standing Committee of the National People’s Congress; and
2. to establish the Committee for the Basic Law of the Hong Kong Special
Administrative Region under the Standing Committee of the National People’s
Congress when the Basic Law of the Hong Kong Special Administrative Region of
the People’s Republic of China is put into effect.
Appendix
Proposal by the Drafting Committee for the Basic Law of the Hong Kong
Special Administrative Region on the Establishment of the Committee for the
Basic Law of the Hong Kong Special Administrative Region Under the Standing
Committee of the National People’s Congress
1. Name: The Committee for the Basic Law of the Hong Kong Special
administrative Region Under the Standing Committee of the National People’s
Congress.
2.Affiliation: To be a working committee under the Standing Committee of
the National People’s Congress.
3.Function: To study questions arising from the implementation of Articles
17, 18, 158 and 159 of the Basic Law of the Hong Kong Special Administrative
Region and submit its views thereon to the Standing Committee of the National
People’s Congress.
4.composition: Twelve members, six from the mainland and six from Hong
Kong, including persons from the legal profession, appointed by the Standing
Committee of the National People’s Congress for a term of office of five
years. Hong Kong members shall be Chinese citizens who are permanent residents
of the Hong Kong Special Administrative Region with no right of abode in any
foreign country and shall be nominated jointly by the Chief Executive,
President of the Legislative Council and Chief Justice of the Court of Final
Appeal of the Region for appointment by the Standing Committee of the National
People’s Congress.
CIRCULAR OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE AND THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON ISSUING THE PROVISIONS FOR CONTRACTED OPERATION OF CHINESE-FOREIGN EQUITY JOINT VENTURES
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The Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce Circular of the Ministry of Foreign Economic Relations and Trade and the State Administration for Industry and Commerce on Issuing WaiJingMaoFaFa [1990] No.22 September 13, 1990 (Circular omitted) Attachment:Provisions for Contracted Operation of Chinese-foreign Equity Joint Ventures The following regulations on contracted operation of Chinese-foreign equity joint ventures (hereinafter referred to as joint ventures) Article 1 Definition of contracted operation The contracted operation mentioned in these regulations is meant for joint ventures which, by signing contracts, offer the whole or Article 2 Requirements for contracted operation of joint ventures A joint venture shall fulfill the following requirements to practice contracted operation: 1. That it is a project in an industry encouraged or permitted by State policy. However, key state projects, those in energy or communications 2. That the Chinese and foreign partners of the joint venture have fully provided the investment required by contract and the payment Article 3 Contractors’ qualifications A contractor must have the following qualifications: 1. That it is a Chinese or foreign corporation or enterprise with the qualification of a legal person, and has engaged in business operation 2. That is belongs to the same industry as the joint venture and can work out a concrete plan to effectively help the business make up 3. That it is able to provide adequate risk deposit and a letter-of-guarantee for the risk-guaranty money. Article 4 Basic requirements for contracted operation 1. The contractor can be chosen through public bidding (i.e., the joint venture conducts public bidding in accordance with the conditions 2. The legal-person status, name and business scope of the joint venture shall not be changed because of contracted operation. 3. As the operator and manager of the joint venture’s property, the contractor shall strictly carry out the contract and be under the 4. The contracting term is usually set at 1 to 3 years. The maximum shall be no more than 5 years. The contractor shall see to it that 5. Contracting shall only cover the joint venture’s after-tax profits. Both parties to such contracts shall decide on the annual profit 6. During the contracting term the contractor shall, in the first quarter of each year, submit to the joint venture risk guaranty money, 7. During the contracting term the contractor shall get approval from the board of directors before applying for any loan in the name 8. During the contracting term, the joint venture shall continue to implement State laws, regulations and accounting rules. In accordance with law, the contractor shall pay income tax on its earnings from contracting. The financial, accounting and tax affairs related to the contracted operation shall be handled in accordance with relevant regulations 9. If the contractor fails, for two years in succession, to fulfill contracted-profit obligations, besides the joint venture shall, at The joint venture shall be dissolved according to the law and the joint venture contract if, after the contracted operation has ceased, 10. Before the contracted operation, and when the contracted operation is terminated during the contracting term or when the contracting Article 5 Contract on contracted operation 1. To contract the operation of a joint venture, the contractor shall sign a contract with the joint venture. Contracts on contracting 2. The contract shall be concluded in accordance with relevant Chinese laws, in keeping with the purposes and principles of the original 3. The contract shall include the contracting term, the rights and restrictions on the rights, and duties and responsibilities of the 4. If the contractor severely violates the contract during the contracting term, the joint venture’s board of directors has the right 5. The revision, postponement, termination or expiration of the contract shall be approved by the original authorities that approved Article 6 Application, examination and approval and registration of contracted operation 1. The joint venture shall apply for contracted operation and submit the following documents to the examination and approval authority: (1) an application on contracted operation of the joint venture; (2) the decision of the joint venture’s board of directors on contracted operation; (3) a report containing concrete measures to turn the joint venture from loss-making to profitable, measures worked out by the contractor (4) the contractor’s legal business license, articles of association of the corporation, and a balance sheet covering the past 3 years (5) the contract on contracted operation; (6) the original contract of the joint venture and report on feasibility studies; (7) opinions of the government department in charge and financial and taxation departments on contracted operation of the joint venture; (8) other documents required by the examination and approval authority. 2. The examination and approval authority, within 30 days of receiving all the above-mentioned documents, shall decide to approve or 3. Within 30 days from the date when the examination and approval authority issued documents of approval for the contracted operation, The term of contracted operation begins from the date on which the administration for industry and commerce issues registration documents. The registration of the opening and alteration of contracted operation and cancellation of registration shall be handled in accordance Article 7 Supplementary rules 1. Joint ventures which are already under contracted operation must, within 90 days from the date these regulations are published, retroactively 2. The examination and approval authority and administration for industry and commerce may penalize joint ventures and contractors who 3. The Circular on the Examination, Approval and Registration of Enterprises from Foreign Countries or Regions Entrusted to Manage Chinese-foreign 4. Contracted operators of Chinese-foreign contractual joint ventures may refer to these regulations. 5. These Provisions shall enter into force as of the day of promulgation. |
The Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce
1990-09-13
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING
| Category | CRIMINAL LAW | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1991-09-04 | Effective Date | 1991-09-04 |
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Decision of the Standing Committee of the National People’s Congress on the Strict Prohibition Against Prostitution and Whoring |
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(Adopted at the 21st Meeting of the Standing Committee of the Seventh
National People’s Congress on September 4, 1991, promulgated by Order No.51
of the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)
With a view to strictly prohibiting prostitution and whoring and severely
punishing criminals who organize, force, lure. shelter or procure any other
person or persons to engage in prostitution, so as to maintain the public
security order and good social morale, the relevant provisions of the Criminal
Law are supplemented or amended as follows:
1. Whoever organizes any other persons or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and shall concurrently be punished with a fine
of not more than 10,000 yuan or confiscation of property; and if the
circumstances are especially serious, the offender shall be sentenced to
death, with the concurrent punishment of confiscation of property.
Whoever assists in organizing any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and shall concurrently be punished
with a fine of not more than 10,000 yuan; and if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property.
2. Whoever forces any other person or persons to engage in prostitution
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and shall concurrently be punished with a fine of not
more than 10,000 yuan; under any of the following circumstances, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property; and if the circumstances thus
involved are especially serious, the offender shall be sentenced to death, and
shall concurrently be punished with confiscation of property:
(1) forcing a girl under the age of fourteen to engage in prostitution;
(2) forcing many persons to engage in prostitution or forcing any other
person to engage in prostitution for many times;
(3) forcing the victim to engage in prostitution after raping her;
(4) causing serious bodily injury, death or other severe consequences on
the part of the person being forced to engage in prostitution.
3. Whoever lures, shelters or procures any other person or persons to
engage in prostitution shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and shall concurrently be punished
with a fine of not more than 5,000 yuan; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; and if the circumstances are relatively minor, the offender shall be
punished in accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.
Whoever lures a girl under the age of fourteen to engage in prostitution
shall be punished in accordance with the provisions on forcing girls under the
age of fourteen to engage in prostitution prescribed in Article 2 of this
Decision.
4. Whoever engages in prostitution or whoring shall be punished in
accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.
With respect to persons who engage in prostitution or whoring, the public
security organs in conjunction with departments concerned may, at a designated
place, carry out compulsive education in law and morality and force them to
participate in productive labour, in order to rid them of the pernicious
habits. The term thereof shall range from six months to two years. The
specific measures shall be formulated by the State Council.
Persons who, after being dealt with by the public security organs, engage
in prostitution or whoring again, shall be given reeducation through labour
and punished by the public security organs with a fine of not more than 5,000
yuan.
All persons who engage in prostitution or whoring shall be forced to go
through venereal disease inspection. Persons suffering from venereal diseases
shall be given compulsory medical treatment.
5. Whoever suffering from serious venereal diseases such as syphilis and
gonorrhea knowingly engages in prostitution or whoring shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
public surveillance, and shall concurrently be punished with a fine of not
more than 5,000 yuan.
Whoever whores with a girl under the age of fourteen shall be punished in
accordance with the provisions on the crime of rape as prescribed in the
Criminal Law.
6. Any personnel of a unit in the trade of hotel, catering or
entertainment, or in taxi service, who, by taking advantage of his or her
work unit, organizes, forces, lures, shelters or procures any other person or
persons to engage in prostitution, shall be punished in accordance with the
provisions in Article 1, or Article 2 or Article 3 of this Decision.
If any leading personnel of the units listed above commits any act
specified in the preceding paragraph, he or she shall be given a heavier
punishment.
7. Where any unit in the trade of hotel, catering or entertainment, or in
taxi service takes a laissez-faire attitude as to activities of prostitution
or whoring taking place in the unit per se and fails to take any measure to stop
them, the public security organ shall impose on the unit a fine of not less
than 10,000 yuan but not more than 100,000 yuan, and may also order the unit
to make consolidation within a definite period or to suspend husiness for
purposes of consolidation. If it fails to make rectification after
consolidation, the competent department for industry and commerce shall revoke
its business license. The person or persons directly in charge and other
persons held directly responsible shall be given administrative sanctions by
the unit or by the competent departments at higher levels, and punished by the
public security organ with a fine of not more than 1,000 yuan.
8. Where any leading personnel, staff member or worker of a unit in the
trade of hotel, catering or entertainment, or in taxi service conceals the
true situations or provides information for law-breaking offenders and
criminals when the public security organ investigates or deals with activities
of prostitution or whoring, he or she shall be punished in accordance with the
provisions in Article 162 of the Criminal Law.
9. Where any State functionary charged with the duty of investigating and
prohibiting prostitution and whoring provides information and conveniences for
law-breaking offenders and criminals for the purpose of helping them escape
from punishment, he or she shall be punished in accordance with the provisions
in Article 188 of the Criminal Law.
Whoever commits the crime mentioned in the preceding paragraph and
conspires with the criminal(s) beforehand shall be deemed as committing a
joint crime and punished as such.
10. The illegal incomes gained from organizing, forcing, luring,
sheltering or procuring any other person or persons to engage in prostitution
and from prostitution shall be confiscated.
All the incomes from fines and confiscations shall be turned over to the
State Treasury.
11. This Decision shall enter into force as of the date of promulgation.
CONSTITUTION ACT, 1982 – page 22
