PROVISIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON SANITATION OF FOOD FOR EXPORT (FOR TRIAL IMPLEMENTATION)

CIRCULAR OF SUPREME PEOPLE’S COURT CONCERNING PRINTING AND DISTRIBUTION OF THE FORUM SUMMARY OF THE EIGHT PROVINCES AND MUNICIPALITIES’ COURTS CONCERNING THE SITUATION OF THE TRIAL OF CASES OF EMBEZZLEMENT, ACCEPTING BRIBES, AND SMUGGLING

Supreme People’s Court

Circular of Supreme People’s Court Concerning Printing and Distribution of the Forum Summary of the Eight Provinces and Municipalities’
Courts Concerning the Situation of the Trial of Cases of Embezzlement, Accepting Bribes, and Smuggling

December 31, 1987

The Higher People’s Courts of provinces, autonomous regions, and municipalities directly under the Central Government, and the Military
Courts of the PLA:

The Forum Summary of the Courts of the Eight Provinces and Municipalities Directly Under the Central Government Concerning the Situation
of the Trial of Cases in terms of Embezzlement, Accepting Bribes, and Smuggling is hereby distributed to you, and please earnestly
study and implement it in combination with the actual conditions of your district. At present, while combating serious economic crime
activities, you should pay attention to strengthening the investigations and studies into new situations and problems arising from
the deepened reform, and summarizing experiences in time to instruct the trial work, so as to serve better for safeguarding the socialist
modernization. Attachment:Forum Summary of the Courts of the Eight Provinces and Municipalities Concerning the Situation of the Trial of Cases of Embezzlement,
Accepting Bribes, and Smuggling

The Forum of the Courts of the Eight Provinces and Municipalities Directly Under the Central Government (Guangdong, Fujian, Zhejiang,
Sichuan, Liaoning, Beijing, Tianjin, and Shanghai, etc.) concerning the Situation of the Trial of Cases in terms of Embezzlement,
Accepting Bribes, and Smuggling, was held by this Court at Fangshan District, Beijing Municipality, on November 15, 1987. The participants
included vice-presidents and chief judges of the Higher Courts of the eight provinces and municipalities, who are in charge of criminal
trial work. The forum was presided over by the vice-president, Linzhun. And president Zheng Tianxiang as well as vice-president Ren
Jianxin attended parts of the discussion.

This conference is mainly to have an informal discussion about the new situation and problems arising from the present trial of cases
in terms of embezzlement, accepting bribes, and smuggling, and to exchange the experience of trial of economic crime cases. Meanwhile,
the Supplementary Provisions on Punishing the Crimes of Embezzlement and Bribery (Draft), and the Supplementary Provisions on Punishing
the Crimes of Smuggling (Draft), both of which were deliberated at the 23rd Session of the Standing Committee of the Sixth National
People’s Congress, have been discussed, and some revising suggestions have been put forward. Therefore, it was regarded as a fruitful
conference.

It is viewed at the conference that, since the Work Conference of the National Courts on the Trial of Major and Serious Cases was
held in July, 1986, courts at all levels, as they kept severely combating serious criminal offenders, starting from handling major
and serious cases, have tried a batch of economic crime cases, as a result, some criminals destroying the economic seriously have
been punished severely according to law, which has played a strong safeguarding role in the advancement of the economic system reform
and open policy along the socialist track. Practice has proved that the combating of People’s Courts over serious economic criminals
is powerful over the past year, and both the quality of the case-handling and the social effect are good.

The conference has made an overall analysis with regard to the situation of the struggle against economic crimes at present.

According to statistics, from January to October this year, the nationwide People’s Courts at all levels have accepted 47, 929 economic
crime cases, which dropped by 25.7%, compared with the same period of last year’s 64,539. Seeing from the situation of the eight
provinces and municipalities’ acceptance of cases of embezzlement, accepting bribes, and smuggling from January to October this year,
embezzlement cases dropped by 39.1% compared with the same period of last year; Cases of accepting bribes dropped by 46.7% compared
with the same period of last year; Cases of smuggling rose by 35.2% compared with the same period of last year. Comrades participating
in the conference believed that, the main reason for making an overall and deep analysis with regard to the situation under which
the amount of the economic crime cases accepted by the Courts dropped this year, has two respects: first, the work of combating economic
crimes was carried out severely last year, as a result, a large number of cases of embezzlement and accepting bribes occurring before
1984 and 1985, have been tried. Therefore, it is very natural that the amount of the accepted cases this year is less than that of
the last year. Second, the investigation and prosecution work of some institutions didn’t keep up with their adjusted tasks, so the
amount of the cases accepted by Courts reduced correspondingly. However, in fact, the present situation of economic crimes is very
complicated, more serious than the situation reflected by the existing statistics. Economic crimes in localities are still very serious,
and quite a few of serious economic criminals haven’t been punished yet. Comrades participating in this informal discussion believed
that, the present struggle against serious economic crimes of embezzlement, accepting bribes, smuggling etc., remains a very important
task.

Although the quantity of embezzlement cases accepted by the Courts of the eight provinces and municipalities reduces this year, major
cases are increasing. The number of people who embezzled more than 30,000 yuan increases year by year: 15 people in 1983, 46 people
in 1984, 72 people in 1985, 254 people in 1986, 161 people from January to October, 1987. Although compared with the same period
of last year, the number drops to some extent this year, the number of people who embezzled more than 50,000 yuan rises by 7.4%,
and the number of people who embezzled more than 100,000 yuan rises by 17.4%. This shows that major embezzlement cases are increasing,
and the struggle against embezzlement is a serious problem.

Seeing from the situation of the accepted cases this year, the cases of embezzlement and accepting bribes, in which the crimes are
committed in 1986 and 1987, account for a considerable proportion. According to the statistics from the five provinces and municipalitiesDBeijing,
Tianjin, Shanghai, Guangdong, Zhejiang (excluding Jiaxing City), from January to October 1987, 1292 embezzlement cases in all are
accepted, among which, 646 cases in which crimes are committed before 1985 account for 50%, 445 cases in which crimes are committed
in 1986 account for 34.4%, 201 cases in which crimes are committed in 1987 account for 15.6%; From January to October in 1987, 496
cases of accepting bribes in all are accepted, among which, 279 cases in which crimes are committed before 1985 account for 56.3%,
143 cases in which crimes are committed in 1986 account for 28.8%, 74 cases in which crimes are committed in 1987 account for 14.9%.
In 21 major cases of economic crimes accepted from January to October this year in Shanghai, 10 cases that took place in 1986 and
1987, account for 47.6%. This shows that, in spite of being severely combated in 1986, the situation of economic crimes remains serious
at present, therefore we should not adopt a casual attitude.

Smuggling criminal activities of 3 provinces of Guangdong, Fujian, Zhejiang, which are in the coastal area are very serious. In recent
years, the smuggling case accepted by the Courts of the three provinces was 100 in 1985, it was 130 in 1986, and it was 138 from
January to October 1987. From the superficial phenomenon, the smuggling case accepted by Courts has increased year by year, but many
cases were not filed with the Court in fact. For example, Fujian Province has discovered more than 1600 smuggling cases from January
to February 1987, but only 5 of them filed with the Court, accounting for 0.3%; Shanghai has discovered more than 600 smuggling cases
from 1986 to October of 1987, however, no prosecution was conducted with the Court.

In smuggle crimes, the entity smuggling is very conspicuous, the number of which is large. For example, the Customs of Beijing has
discovered 4619 smuggling cases altogether from 1983 to the first half year of 1986, 34 of which are the entity smuggling, accounting
for 0.7%, but the cases in which the smuggling number is up to 351 million yuan, accounting for 98.7% of the total amount of smuggling
cases, 355,390,000 yuan. Among the smuggling cases discovered by Dalian Customs from 1983 to November 1987, all of the 58 cases in
which the smuggling number is above 30,000 yuan are entity smuggling. But few of these serious smuggling cases were filed with the
Court. This shows that, the problem of substituting the fine for the penalty hasn’t been settled in a very good manner.

It is known that the administrations of foreign trade and economic cooperation, bank, building, industry and commerce, tax, etc. in
some provinces and municipalities have revealed some economic crime issues, some of which are quite serious.

II.

Five requirements concerning continuing to struggle against economic crimes in the future were put forward at the conference according
to the analysis on the present situation of economic crimes as well as new situation and problems.

The longevity and complexity of combating serious economic crimes shall be fully realized. Comrade Xiaoping indicated a long time
ago that, how long reform goes on depends on how long combating economic crimes goes on. After the 13th National People’s Congress,
our task is to accelerate and deepen reform. In the course of reform, we will face a lot of new problems. Some illegal persons will
take advantage of reform to seek loopholes of our imperfect systems and administration, in addition, the decadent ideology of the
capitalist class will corrode us, therefore new economic crime activities will occur constantly, and the struggle remains fierce.
Under such circumstances, the People’s Court shall continue to adopt the policy of punishing strictly the criminals who destroy economic
seriously in accordance with law and without any relaxation and kindness.

The guiding ideology of the trial of economic criminal cases should be further defined. The Report of the 13th National People’s Congress
indicates that, whether or not it is favorable to develop the productivity should become the starting point from which we consider
issues, and the basic standard by which we check all the work. It also indicates that, with the goal of common prosperity, part of
the people are encouraged to become rich first through honest labor and lawful operations, and that those who seek exorbitant profits
by illegal means shall be subject to severe sanction according to laws. These shall become the guideline of our trial of economic
crime cases.

Major and serious cases shall be well handled continually. Since the Working Conference on the Trial of Major and Serious Cases of
Nationwide Courts held last year, localities at all levels have handled a batch of major and serious cases severely, some tough cases
have been handled which makes a good social effect. Practice has proved that, the method of getting involved ahead of time and break-through
made in key areas with regard to some major and serious cases, is effectual. In the future, break-through shall be made by catching
major and serious cases so as to promote the development of struggle against serious economic crimes.

The ideological guideline of seeking truth from facts shall be adhered to, and the crime shall be strictly distinguished from non-crime.

(1)

In recent years, there appear enterprises operating in form of contract and lease, and enterprises affiliated to collectives as an
individual, whose nature sometimes is difficult to distinguish. When trying embezzlement cases arising from these enterprises, the
first thing should be done is to define the enterprise’ nature–whether it is collective or individual, or it is collective in name,
but individual in essence. Secondly, it shall be defined whether public property is misappropriated or property belonging to individuals
in fact is occupied. In recent years, owing to lax examination during the enterprise registration in some places, the Business Licenses
obtained by some enterprises cannot reflect truthfully their ownership nature, which causes difficulties to the judicial authorities
in trying some criminal cases. On December 18,1987, the State Administration for Industry and Commerce, in the Notice concerning
the Handling of the Problem that Individual Enterprises, Enterprises Operating in Partnership and Private Enterprises Have Obtained
the Business Licenses of Collective Enterprises, indicates explicitly that the Business License obtained by these enterprises can
not truthfully reflect their ownership nature. The administrative authority of industry and commerce shall, in accordance with relevant
provisions of General Principles of the Civil Law of the People’s Republic of China, and the Interim Regulations for the Administration
of Urban and Rural Individual Businesses, etc., rectify the enterprises which have obtained the Business Licenses of collective enterprises,
but in essence are individual enterprises, enterprises in partnership, and private enterprises. The People’s Courts, when trying
such kind of cases, shall adopt a deliberate attitude and make specific analysis on specific cases. For enterprises which have obtained
the Business Licenses of collective enterprises, but in essence are individual enterprises, as long as the contractor, or the lessee,
or the operator affiliated to a collective enterprise indeed get rich through hard-work, operate lawfully, has fulfilled the obligations
as contracted, has paid tax payments pursuant to provisions, and has paid wages and bonus, despite that he has made a big fortune,
or because of his suspicion of policies, he has occupied property in fact belonging to himself by certain means of concealment or
practicing fraud, he shall not be convicted of embezzlement offence. For enterprises which are indeed collective, if the contractor,
the lessee, or other personnel entrusted to engage in public service thereof constituted a crime, he shall be investigated as an
embezzlement offence for criminal responsibility.

(2)

Where some cadres, in foreign economic and trade activities, accept bribes from foreign businessmen or businessmen from Hong Kong
or Macao, thus causing serious losses to the State’s property, they shall be investigated and dealt with severely pursuant to law.
Where foreign businessmen or businessmen from Hong Kong or Macao, in light of trade practice, give the State’s functionary brokerage
or commissions in economic and trade activities, the State’s functionary shall hand in the brokerage or commissions concerned. If
they fail to do so and constitute a crime, they shall be investigated for criminal responsibility for the offence of accepting bribes.
However, as far as foreign businessmen and businessmen from Hong Kong and Macao are concerned, if they failed to obtain illegal interests,
generally they shall not be dealt with as offenders of offering bribes. It is unanimously believed that it is favorable for them
to continue to carry out economic and trade activities with us.

(3)

In recent years, it has been found out that some tax cadres, owing to having accepted bribes, collude with individual businesses or
other entities by giving them counsel for tax evasion. Those who enforce law but violate law shall be punished severely pursuant
to law and be punished in light of not only the amount of bribes they accepted, but also the losses they caused to the State.

(4)

In order to enforce law seriously, where enterprises, institutions, government departments, and public organizations smuggle, which
involves a large amount and constitutes a crime, as long as facts are clear and evidences are authentic, the persons directly in
charge and the other persons directly responsible shall be investigated for criminal responsibility pursuant to law, and entities
concerned shall be punished with a fine, and a confiscation of the smuggled goods, articles, transportation equipments for smuggling
and illegal incomes. In order to protect the State’s interests, we shall absolutely not substitute fine for punishment

(5)

When trying cases of serious economic crimes, attention shall be paid to correctly applying such accessory penalties as confiscating
property, fine pursuant to law.

Study shall be strengthened. Our ideology shall keep up with the development of subjective situations. Court’s staff members should
study the documents of the 13th National Congress seriously, make a good understanding on the spiritual essence of the documents,
and study the policies and reality of reforming and opening. With the further development of the reform and opening to the outside
world, some new laws and regulations will be formulated successively. Therefore, we shall be organized to study them in time, and
correctly apply them to the trial practice, so as to meet the needs of the changing situation, and provide better service for socialist
economic construction and four modernizations.

Supreme People’s Court
1987-12-31

RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW

Category	INTELLECTUAL PROPERTY RIGHT	Organ of Promulgation	The State Council	Status of Effect	With An Amendment Existing
Date of Promulgation	1988-01-13	Effective Date	1988-01-13

Rules for the Implementation of the Trademark Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Application for Trademark Registration
Chapter III  Examination of Trademark Registration
Chapter IV  Change, Assignment and Renewal of and Determination of
Chapter V  Administrative Control of the Use of Trademark
Chapter VI  Protection of the Right to Exclusive Use of a Registered
Chapter VII  Supplementary Provisions

(Approved by the State Council for amendments on January 3, 1988,

promulgated by the State Administration for Industry and Commerce on
January 13, 1988) (Editor’s Note: For the revised text, see Rules for
Implementation of the Trademark Law of the People’s Republic of China
promulgated on July 28, 1993)
Chapter I  General Provisions

Article 1 These Rules are formulated in accordance with the provisions of
Article 42 of the Trademark Law of the People’s Republic of China (hereinafter
referred to as the “Trademark Law”).

Article 2 An applicant for trademark registration must be an enterprise
or a self-employed industrialist or businessman that is registered in
accordance with the law and capable of independently undertaking civil
responsibilities and an institution having qualification of a legal person, or
a foreigner or foreign enterprise referred to in Article 9 of the Trademark
Law.

Article 3 Any application for trademark registration, assignment of
registration, renewal of registration, change of name or address of the
registrant, replacement of certificate of trademark registration or other
related matters shall be examined and transmitted by a local administrative
department for industry and commerce above the county level of the place where
the applicant is located (hereinafter referred to as the “department for
examination and transmission”) or handled by an agency designated by the State
Administration for Industry and Commerce.

Where a foreigner or foreign enterprise is to apply for trademark
registration in China or to deal with other trademark matters in China, the
application or matters shall be handled by an agency designated by the State
Administration for Industry and Commerce.

Article 4 A fee must be paid according to relevant stipulations for an
application for trademark registration, assignment of registration, renewal of
registration, change of name or address of the registrant, replacement of
certificate of trademark registration, examination and other related matters.

Article 5 The Trademark Office under the State Administration for
Industry and Commerce (hereinafter referred to as “the Trademark Office”)
shall establish and maintain the “Trademark Register” which shall record
registered trademarks and relevant registration matters.

The Trademark Office shall edit and issue the “Trademark Gazette” which
shall announce trademark registrations and other related matters.

Article 6 The names of administrative divisions above the county level
(county names included) and those of wellknown foreign localities may not be
used as trademarks.

Those trademarks already registered and approved under the names mentioned
above shall continue to be valid.

Article 7 Registered trademarks must be used on pharmaceuticals for human
use and tobacco products which have been prescribed by the State and
established by the State Administration for Industry and Commerce.

The other goods on which registered trademarks are to be used according to
state prescriptions shall be published by the State Administration for
Industry and Commerce.

Article 8 The State Administration for Industry and Commerce shall set up
the Trademark Review and Adjudication Board, which shall make final decisions
and rulings on matters submitted for reexamination in accordance with the
provisions of Articles 21,22,27 and 35 of the Trademark Law and of Article 23
of these Rules.
Chapter II Application for Trademark Registration

Article 9 A trademark registration shall be applied for separately
according to the class of goods as specified in the table for the
classification of goods. For each trademark registration, the applicant shall
submit to the Trademark Office an Application Form for Trademark Registration,
10 specimens of the trademark (in case of a specifically colored trademark
the specimens submitted must be coloured accordingly) and one copy of its
design in black and white.

The specimens of the trademark must be clear, easy to stick and printed on
durable paper with a smooth finish or in form of photos. Their length or width
shall be no more than 10 centimetres and no less than 5 centimetres.

Article 10 An application form for trademark registration and related
papers shall be filled out or written in pen and ink or writing brush and ink
or typed. The writing or typing shall be neat and clear.

The name, stamp or seal of the applicant for trademark registration shall
be the same as those approved or registered. The reported goods shall not go
beyond the approved or registered scope of business. The designation of the
goods shall be filled in according to the table for the classification of
goods; if not listed in the tables, a description of the goods must be
attached.

Article 11 In applying for trademark registration on pharmaceuticals for
human use, the license for Enterprises of Pharmaceutical Production or the
Licence for Enterprises of Pharmaceutical Management issued by the
administrative department for public health shall be attached to the
application.

In applying for trademark registration on cigarettes, cigars or packed cut
tobacco, papers certifying production approval by the competent authorities
for tobacco of the State shall be attached to the application.

In applying for trademark registration on other goods on which registered
trademarks are to be used according to the relevant state prescriptions,
papers certifying approval by the relevant competent departments shall be
attached to the applications.

Article 12 The date of application for registration of a trademark shall
be the date of the receipt of the application form and related papers by the
Trademark Office. If the applicant has gone through all the necessary
application procedures and has filled out the application form and related
papers in accordance with the relevant stipulations, the application form
shall be numbered. If the applicant fails to go through the necessary
procedures and to fill out the application form and related papers in
accordance with relevant stipulations, the application form shall be returned
to the applicant, and no date of application shall be reserved.

Article 13 If two or more applicants apply on the same day for
registration of the identical or a similar trademark for the same or similar
goods, they shall furnish, within a specified period notified by the Trademark
Office, proof of the dates on which they started using their respective
trademarks. If their use started on the same date, or none is yet in use,
the applicants shall settle the matter by consultations. If no agreement is
reached after 30 days of consultations, the Trademark Office shall determine
the matter.

Article 14 In applying for trademark registration or handling other
trademark matters, a foreigner or foreign enterprises shall use the Chinese
language and issue a power of attorney for his(its) agent. The power of
attorney shall specify the scope of powers of the agent and the nationality of
the applicant.

Procedures of notarization and authentication for power of attorney and
relevant certificates shall be completed in light of the principle of
reciprocity. Chinese translations shall be attached to the application form
filled out and related papers written in foreign languages.

Article 15 The Trademark Office may entertain claims for priority in the
application for trademark registration. Specific procedures shall be followed,
as prescribed and promulgated by the State Administration for Industry and
Commerce.
Chapter III Examination of Trademark Registration

Article 16 The Trademark Office shall examine the applications which have
been numbered. A trademark that has been given preliminary examination and
approval shall be published in the Trademark Gazette. For a rejected
application, a written notification of rejection shall be issued to the
applicant, and a copy thereof sent to the department for examination and
transmission.

Article 17 When a trademark application is rejected, the applicant may,
within 15 days after receiving the notification of rejection, send an
Application Form for Reexamination of Rejected Trademarks to the Trademark
Review and Adjudication Board to apply for a reexamination, with the original
Application Form for Trademark Registration, 10 specimens of the original
trademark, one copy of its design in black and white and the notification of
rejection attached as enclosure. A copy of the Application Form for
Reexamination shall also be sent to the department for examination and
transmission. The Trademark Review and Adjudication Board shall make a final
decision and notify the applicant in writing and a copy of the notification
shall also be sent to the department for examination and transmission. The
trademark which ought to be given preliminary examination and approval as a
result of the final decision shall be transferred to the Trademark Office for
handling.

Article 18 In filing an opposition against a trademark that has been
given preliminary examination and approval and has been publicly announced by
the Trademark Office, the opponent shall send in duplicate a Trademark
Opposition Form to the Trademark Office. The Trademark Opposition Form shall
specify the issue number of the Trademark Gazette in which the opposed
trademark was announced, its page number as well as the number of the
preliminary examination and approval. The Trademark Office shall send the
Trademark Opposition Form to the applicant, who shall give a reply within a
specified period, and the Trademark Office shall determine the matter
according to the facts and reasons stated by the parties concerned. If no
reply is given within the time limit, the Trademark Office shall make a
decision on the matter.

The Trademark Office shall notify, the parties concerned of the decision
made on the trademark opposition, and a copy of the notification shall be sent
to the department for examination and transmission.

Article 19 If a party disagrees with the decision made by the Trademark
Office on the trademark opposition it may, within 15 days after receiving
notification of the decision, send in duplicate the Application Form for
Reexamination of Trademark Opposition to the Trademark Review and Adjudication
Board to apply for reexamination, and a copy of the Form must be sent to the
department for examination and transmission.

The Trademark Review and Adjudication Board shall make a final decision,
notify the parties concerned in writing, send a copy of the notification to
the department, for examination and transmission and transfer the matter to
the Trademark Office.
Chapter IV Change, Assignment and Renewal of and Determination of
Disputes over Registrated Trademarks

Article 20 In applying for change of the name of a registrant, the
applicant shall file, for each trademark registered, an Application Form for
Change of Name of Registrant of a Registered Trademark and a Certificate of
Change of Name of Registrant with the Trademark Office and the original
Certificate of Trademark Registration shall be turned in therewith. After
examination and approval by the Trademark Office, the original Certificate of
Trademark Registration shall be returned with due notation, and the change
shall be announced publicly.

In applying for change of the address of a registrant or other registered
matters, the applicant shall file, for each trademark registered, an
Application Form for Change of Address of Registrant of a Registered
Trademark or an Application Form for Change of Other Registered Matters, and a
Certificate of Change of Address of Registrant or a Certificate of Change of
Other Registered Matters with the Trademark Office, and the original
Certificate of Trademark Registration shall be turned in therewith. After
examination and approval by the Trademark Office, the original Certificate
of Trademark Registration shall be returned with due notation, and the change
shall be announced publicly.

In applying for change of the name or address of a registrant, the
registrant shall go through the above formalities simultaneously for all its
(his) registered trademarks.

Article 21 In applying for the assignment of registered trademarks, the
assignor shall file, for each registered trademark to be assigned, an
Application Form for Assignment of Registered Trademark with the Trademark
Office and the original Certificate of Trademark Registration shall be turned
in therewith. The matter shall be examined and transmitted by the department
for examination and transmission at the place where the assignee is located.
The assignee shall meet the requirements provided for in Article 2 of these
Rules. After examination and approval by the Trademark Office, the original
Certificate of Trademark Registration shall be given to the assignee with due
notation, and the assignment shall be publicly announced.

In applying for the assignment of registered trademarks, the registrant
shall go through the above formalities simultaneously for all its (his)
identical or similar trademarks registered for the same or similar goods. When
the trademarks of the goods provided for in Article 7 of these Rules are to be
assigned, the assignee shall present the certificates issued by the competent
departments in accordance with the provisions of Article 11 of these Rules.

Article 22 In applying for the renewal of trademark registration, the
applicant shall submit, for each trademark registered, an Application Form for
Renewal of Trademark Registration and five specimens of the trademark to the
Trademark Office, and the original Certificate of Trademark Registration shall
be turned in therewith. After examination and approval by the Trademark
Office, the original Certificate of Trademark Registration shall be returned
with due notation, and the renewal shall be publicly announced.

Article 23 If a registrant disagrees with the rejection by the Trademark
Office of its (his) application for assignment or renewal, the registrant may,
within 15 days after receiving notification of rejection, send an Application
Form for Reexamination of Rejected Assignment or Application Form for
Reexamination of Rejected Renewal to the Trademark Review and Adjudication
Board for reexamination, with the original Application form for Assignment
of Registered Trademark or Application Form for Renewal of Trademark
Registration and the notification of rejection attached as enclosure.

The Trademark Review and Adjudication Board shall make a final decision
and notify the registrant in writing and a copy of the notification shall be
sent to the department for examination and transmission. If the application
for registration assignment or renewal ought to be given examination and
approval as a result of the final decision, the matter shall be transferred to
the Trademark Office for handling.

Article 24 If a registrant raises a dispute over a trademark that has
already been registered under the name of another registrant, the disputant
shall, within one year from the day the trademark was announced in the
Trademark Gazette, file in duplicate an Application Form for a Ruling of
Dispute over Trademarks with the Trademark Review and Adjudication Board for a
ruling.

If a registered trademark in dispute is revoked as a result of the final
ruling of the Trademark Review and Adjudication Board, the Trademark Office
shall take over the matter, publicly announce the revocation and send a copy
of the notification of ruling to the department for examination and
transmission. The original registrant of the revoked trademarks shall, within
15 days after receiving the notification of the final ruling on the dispute,
surrender the original Certificate of Trademark Registration of the local
department for examination and transmission to be sent back to the Trademark
Office.

Article 25 Any person may file an Application Form for the Final Ruling
Revoking an Inappropriately Registered Trademark with the Trademark Review
and Adjudication Board for a final ruling. The clause shall not include those
trademarks which were once in dispute but have been upheld by the ruling.

If a trademark is thereby revoked by the final ruling of the Trademark
Review and Adjudication Board, the Trademark Office shall take over the
matter, publicly announce the revocation and send a copy of the notification
or ruling to the original department for examination and transmission. The
original registrant shall, within 15 days after receiving notification of the
final ruling on revocation, surrender the original Certificate of Trademark
Registration to the local department for examination and transmission to be
sent back to the Trademark Office.
Chapter V Administrative Control of the Use of Trademark

Article 26 A registered trademark shall be used with the indication in
characters “*” or with the mark * or *. If it is not convenient for a
commodity to bear such indication or mark, its packing or description and
its other attachments shall be so marked.(*: the Chinese form, for which,
see <FOREIGN-RELATED MATTERS>>, China Legal System Publishing House, July, 1991,
page 1181, Volume II — The Editor)

Article 27 An application for replacement is required for a lost or
mutilated Certificate of Trademark Registration. The applicant shall file an
Application Form for Replacement of Certificate of Trademark Registration,
together with five specimens of the trademark, with the Trademark Office. In
case of the loss of a Certificate of Trademark Registration, it is necessary
to have a loss announcement carried in a newspaper at or above the provincial
level and a copy of the newspaper shall be sent to the Trademark Office. In
case of mutilation, the mutilated Certificate of Trademark Registration shall
be sent back to the Trademark Office.

Article 28 In the event of any of the acts concerning the use of a
registered trademark as specified in Paragraphs (1), (2) and (3) of Article 30
of the Trademark Law, the administrative department for industry and commerce
shall order the registrant to rectify the situation within a specified period.
If the registrant refuses to rectify the situation, the local administrative
department for industry and commerce shall report the matter to the Trademark
Office for revocation of the registered trademark in question.

Article 29 In the event of the act specified in Paragraph (4) of Article
30 of the Trademark Law, any person may apply to the Trademark Office for the
revocation of the registered trademark in question. The Trademark Office shall
notify the registrant and order the latter to afford proof of use within a
specified period. If no proof is afforded within the time limit or the proof
produced is invalid, the Trademark Office shall revoke the registered
trademark in question.

The use of a trademark mentioned above implies also its use for
advertisement or exhibition.

Article 30 An application for registration of a trademark to be used on
the same or similar goods and which is identical or similar to the trademark
revoked according to the provisions Article 29 of these Rules shall not be
restricted by the provisions of Article 32 of the Trademark Law.

Article 31 In the event of any of the acts specified in Article 31 and
Paragraph (3) of Article 34 of the Trademark Law, the relevant administrative
department for industry and commerce shall order the registrant to rectify the
situation within a specified period. If the circumstances are serious, self-
examination shall be ordered, a notice on the case shall be circulated and a
fine of not more than 20% of the illegal volume of business or not more than
two times that of the illegal gains shall be imposed. Poisonous, harmful and
useless goods shall be destroyed, and the registered trademark used thereon
shall be revoked in accordance with the provisions of the Trademark Law.

Article 32 In the event of any of the acts specified in Paragraphs (1)
and (2) of Article 34 of the Trademark Law and Article 6 of these Rules, the
relevant administrative department for industry and commerce shall prohibit the
advertising publicity, seal up or seize the remaining presentations of the
trademark, and order rectification of the situation within a specified period.
A notice on the case may be circulated, or a fine of not more than 20% of the
illegal volume of business may be imposed in addition, in accordance with
the circumstances.

Article 33 In the event of a violation of the provisions of Article 5 of
the Trademark Law, the relevant administrative department of industry and
commerce shall prohibit the sale of the goods on the market, stop the
advertising publicity, seal up or seize the representations of the trademark,
and may, in accordance with the circumstances, impose concurrently a fine of
not more than 10% of the illegal volume of business.

Article 34 No one shall be allowed to illegally manufacture, sell or buy
trademark representations. In the event of a violation of the above provisions,
the relevant administrative department for industry and commerce shall stop
the manufacturing or the sale, seize the trademark representations and may,
depending on circumstances, impose concurrently a fine of not more than 20%
of the illegal volume of business. In case where a registrant sells its own
trademark representations, the Trademark Office may revoke its registered
trademark. However, if the case is an infringement of the right to exclusive
use of a registered trademark, it shall be dealt with in accordance with the
provisions of Article 43 of these Rules.

Article 35 If a registrant authorizes another person to use its
registered trademark, a trademark licensing contract must be concluded.

The licensor shall, within a specified period, submit copies of the
trademark licensing contract to the local administrative department for
industry and commerce at the county level, which shall in turn transmit a copy
of the contract to the Trademark Office for the record.

In the event of a violation of the above provisions, the relevant
administrative department for industry and commerce shall order the licensor
to rectify the situation within a specified period. In case of a refusal to
rectify the situation, the administrative department for industry and commerce
in the place where the licensor is located shall report the matter to the
Trademark Office for revocation of the licensor’s registered trademark and
seize the trademark representations.

Article 36 If a registrant authorizes another person to use its registered
trademark, the licensee must meet the requirements provided for in Article 2
of these Rules.

If a registrant authorizes another person to use the trademarks for those
goods listed in Article 7 of these Rules, the licensee’s due certification
issued by the relevant departments in accordance with the provisions of
Article 11 of these Rules shall be attached to the submitted copy of the
trademark licensing contract.

Article 37 The Trademark Office shall notify the registrant in writing
if the decision is to revoke the registered trademark in accordance with the
provisions of Articles 30 and 31 of the Trademark Law and Articles 34 and 35
of these Rules, and a copy of the notification shall be sent to the original
department for examination and transmission. The latter shall recall the
Certificate of Trademark Registration and send it back to the Trademark Office.

The Trademark Office shall publicly announce the revocation or
cancellation of the trademark.

Article 38 In the event a registrant applies for the cancellation of its
registered trademark, an Application Form for Cancellation of Trademarks shall
be filed with the Trademark Office and the original Certificate of Trademark
Registration be returned.

Article 39 If a registrant is not satisfied with the decision of the
Trademark Office to revoke its registered trademark, it shall, within 15 days
after receiving notification of revocation, file an Application Form for
Reexamination of Registered Trademark Revocation with the Trademark Review and
Adjudication Board for reexamination.

The Trademark Review and Adjudication Board shall make a final decision
and notify the registrant in writing, and a copy of the notification shall be
sent to the original department for examination and transmission. If the
original revocation decision is cancelled as a result of the final decision,
the matter shall be transferred to the Trademark Office for handling.

Article 40 If a party is not satisfied with a decision (that on
revocation of a registered trademark excepted) made by an administrative
department for industry and commerce in accordance with the provisions of
Articles 31,32,33,34 and 35 of these Rules, it may, within 15 days after
receiving the relevant notification, appeal to the administrative department
for industry and commerce at the next higher level for reexamination. The
administrative department for industry and commerce at the next higher level
shall make a decision after reexamination within 45 days after the receipt of
the appeal. If the party is not satisfied with the decision made after
reexamination concerning the fine party is not satisfied with the decision
made after reexamination concerning the fine made by the department at the
next higher level in accordance with the provisions of Articles 31,32,33 and
34 of these Rules, it may bring a suit in a people’s court within 15 days
after receiving notification of decision. If at the expiration of such a
period, the party has neither complied with the decision nor applied for
reexamination or brought a lawsuit, the relevant administrative department for
industry and commerce shall request the people’s court for enforced execution.
Chapter VI Protection of the Right to Exclusive Use of a Registered
Trademark

Article 41 Any of the following acts shall be an infringement of the
right to exclusive use of a registered trademark referred to in Paragraph (3)
of Article 38 of the Trademark Law:

(1) marketing goods in a way infringing upon another person’s right to
exclusive use of a registered trademark;

(2) using words and designs which are identical or similar to another
person’s registered trademark as the designation or decoration on the same
kind of goods or similar goods, and which may sufficiently mislead the public.

(3) intentionally providing facilities for storage, transport, mailing or
concealing in favour of an infringement of another person’s right to exclusive
use of a registered trademark.

Article 42 Where the right to exclusive use of a registered trademark is
infringed, any person may lodge a charge of the infringement with or report

REGULATIONS OF FINANCIAL INSTITUTIONS ON SPOT AND FORWARD FOREIGN CURRENCY TRANSACTIONS ON BEHALF OF CLIENTS

THE STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE FOREIGN ECONOMIC AND TRADE ARBITRATION COMMISSION AS THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES

REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS

Category	PUBLIC HEALTH AND MEDICINE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1989-11-13	Effective Date	1990-01-01

Regulations Concerning the Hygiene Supervision Over Cosmetics

Chapter I  General Provisions
Chapter II  Hygiene Supervision over the Production of Cosmetics
Chapter III  Hygiene Supervision over Cosmetics Sales
Chapter IV  The Organ for Hygiene Supervision over Cosmetics and Its
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Approved by the State Council on September 26, 1989, and issued by

Decree No. 3 of the Ministry of Public Health on November 13, 1989)
Chapter I  General Provisions

Article 1 These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers’ health.

Article 2 The term “Cosmetics” referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.

Article 3 The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.

Article 4 All units or persons who are engaged in the production and
business of cosmetics must abide by these Regulations.
Chapter II Hygiene Supervision over the Production of Cosmetics

Article 5 The State shall exercise hygiene supervision over the
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.

The term of validity of a Hygiene License for the Production Enterprise of
Cosmetics is four years and it must be verified after two years.

No enterprise shall be allowed to engage in the production of cosmetics
without a Hygiene License.

Article 6 A production enterprise of cosmetics must meet the following
hygiene requirements:

(1) it must be built in a clean area and away from areas contaminated with
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;

(2) the production building must be strong and clean. The ceiling, walls
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;

(3) it must have adequate depository for materials and finished products
and workshops of appropriate capacity for processing and packing purposes;

(4) the workshops must be equipped with the necessary facilities to meet
the specific requirements of the products, and the technological process must
meet the hygiene standard;

(5) it must have testing instruments and qualified technical personnel to
carry out microbiological test on its cosmetic products.

Article 7 The staff and workers directly involved in the production of
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.

Any worker who suffers from ringworm of fingers, ringworm of finger-nails,
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.

Article 8 The materials and additives needed in the making of cosmetics
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.

Article 9 Before a new kind of material is used to make cosmetics, an
application must be made to the health administrative department under the
State Council for approval.

“New kind of material” refers to natural or synthetic materials that are
used to make cosmetics for the first time in China.

Article 10 The production of special cosmetics must be approved by the
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.

“Special Cosmetics” refer to those substance used for hair nourishment,
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.

Article 11 Before putting its cosmetic products onto the market, the
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.

Article 12 On the label of a cosmetic product, the name of the product,
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III Hygiene Supervision over Cosmetics Sales

Article 13 No unit or person in the cosmetics business shall be allowed
to sell cosmetics of the following kinds:

(1) the cosmetics produced by an enterprise without a Hygiene License for
the Production Enterprise of Cosmetics;

(2) the cosmetics without a quality tag;

(3) the cosmetics of which the label, the smaller package or the
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;

(4) the special cosmetics without an approval document;

(5) the cosmetics that has expired.

Article 14 The following content shall not be allowed to be included in
cosmetic advertising:

(1) exaggerating the effectiveness of the cosmetic product through its
chosen name and the description of its production method, its properties and
efficacy;

(2) giving a guarantee in the name of other people or giving a hint to
lure consumers into misunderstanding the efficacy of the product;

(3) advertising the medical efficacy of the cosmetic product.

Article 15 When a cosmetic product is imported for the first time, the
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.

Article 16 All imported cosmetics are subject to inspection by the State
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.

Cosmetics imported in small quantity for personal use shall follow the
import formalities in accordance with Customs regulations.
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Duties

Article 17 The health administration departments at all govermnent levels
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.

Article 18 The health administrative department under the State Council
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.

Article 19 The health administration departments at all levels shall
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.

Article 20 When carrying out their duties, the cosmetic hygiene
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.

Article 21 Cosmetic hygiene supervisors are vested with the right to
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.

Article 22 The health administration departments, the cosmetic hygiene
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.

Article 23 If any medical treatment unit finds out any cases who suffer
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V Penalty Provisions

Article 24 If any production enterprise without a Hygiene License for the
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.

Article 25 If any production enterprise without holding an approval
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.

Article 26 Those who import or sell imported cosmetics that have not been
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.

As for those enterprises holding an approval document for the production
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.

Article 27 Those who produce or sell any cosmetics that are not up to the
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.

Article 28 If any production enterprise or business enterprise violates
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.

Article 29 Disciplinary sanctions for violation of these Regulations
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.

The punishment by revocation of the Hygiene License for the Production
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.

Article 30 If the party concerned does not accept the disciplinary
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people’s court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people’s court to take enforcement at law.

Article 31 In the case that the consumer is harmed physically or poisoned
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.

Article 32 Any cosmetic hygiene supervisor who abuses his power or
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI Supplementary Provisions

Article 33 Hygiene supervision work over the cosmetics produced and put
to sale on the market by any units in the People’s Liberation Army shall be
conducted in accordance with these Regulations.

Article 34 The right to interpret these Regulations resides in the health
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.

Article 35 These Regulations shall come into force as of January 1, 1990.

PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Provisions for the Control of Band Accounts Opened Abroad by Enterprises with Foreign investment

March 1, 1989

Pursuant to the relevant stipulations of the “Rules for the Implementation of Foreign Exchange Control Relating to Enterprises with
Overseas Chinese Capital, Foreign-capital Enterprises and Chinese-foreign Equity Joint Ventures”, the following Provisions are enacted
to tighten control over the foreign exchange accounts opened abroad by enterprises with foreign investment:

Article 1

An enterprise with foreign investment (hereinafter referred to as “enterprise”) that wishes to open bank accounts abroad out of actual
business and operational needs shall apply for approval at the State Administration of Foreign Exchange (SAFE) or one of its branch
or sub-branch offices (hereafter referred to as “exchange control authorities”) where the enterprises is located; it may open such
accounts only after the application has been granted.

Article 2

As used in Article 1 , “actual business and operational needs” refer to one of the following cases:

If an enterprise has regular receipts in small amounts abroad and needs to open bank accounts there to put these receipts together
before repatriating them to China;

If an enterprise has regular disbursements in small amounts abroad-in this case, the receipts entered in the accounts shall consist
of remittances from China by the enterprise; or

If an enterprise has to open bank accounts abroad out of special business requirements.

Article 3

In applying to the exchange control authorities for approval to open bank accounts abroad, an enterprise shall submit the following
documents:

an application affixed by the enterprise’s official seal and signed by the legal representative of the enterprise or a person authorized
by its board of directors, stating the reason for opening bank accounts abroad, the specific currency involved, the sum of money,
the usage, the scope of receipts and disbursements, the using period, the bank with which the accounts are to be opened, and the
place where the bank is located;

a certificate issued by a public accountant registered in China confirming that the enterprise’s capital has been fully paid up according
to the pertinent provisions;

the document of approval issued by the competent authorities if the enterprise has set up a representative office with resident personnel
abroad; and

the measures adopted by the enterprise to manage its bank accounts abroad.

Article 4

The enterprise shall open its accounts abroad with a bank in the country or region where its foreign exchange receipts and payments
mainly occur. Priority shall be given to Chinese-owned banks, if there is any there; a foreign bank with good credit standing may
also be chosen if there is special need for this.

Article 5

The enterprise shall maintain complete and effective control over its receipts and payments abroad and shall adopt effective managerial
measures to guarantee the safety of its funds.

Article 6

The enterprise must use its own name in opening bank accounts abroad and is not allowed to transfer its funds to the accounts of other
organizations or individuals.

Article 7

The exchange control authorities shall examine and determine the scope of receipts and disbursements to be covered by the enterprise’s
bank accounts abroad as well as the deposit ceilings and the using period of these accounts of the basis of the enterprise’s application.

Article 8

The enterprise that opens bank accounts abroad with the approval of the exchange control authorities shall submit to the said authorities,
within a month after the approval is given, a written statement certifying that the accounts have been opened; otherwise, the document
of approval from the said authorities will become invalid automatically.

Article 9

Within 30 days after the expiry of the using period of its bank accounts abroad, the enterprise must submit to the exchange control
authorities certificate confirming that these accounts have been cancelled, and must repatriate the balance to China, together with
a statement of account from the opening bank; in case the enterprise needs to extend the using period of its accounts abroad, it
must apply in writing to the exchange control authorities within 30 days before the expiry of the using period.

Article 10

The SAFE branch office that has approved an enterprise’s application to open bank accounts abroad shall submit the relevant data to
the SAFE for reference within 30 days of the approval.

Article 11

The enterprise shall submit photocopies of the opening bank’s statements, together with a statement of fund and its application, to
the exchange control authorities within 15 days after the end of each quarter.

Article 12

In accordance with the “Rules for the Implementation of Penalty of Offenses Against Exchange Control” and on the merit of each case,
the exchange control authorities may impose penalties on an enterprise and/ or revoke its bank accounts abroad in one of the following
cases:

If the enterprise has exceeded the scope approved by the exchange control authorities in using its bank accounts abroad;

If it has failed to submit on time the bank statements or other materials required by the exchange control authorities;

If it has opened bank account abroad without authorization; or

If it has violated these Provisions.

Article 13

The right to interpret these Provisions resides in the SAFE.

Article 14

These Provisions shall enter into force on March 1, 1989.

The State Administration of Foreign Exchange
1989-03-01

PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY

Category	CUSTOMS	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1989-09-06	Effective Date	1989-09-10

Provisions of the Customs on the Control of Luggage and Articles Carried by Chinese Personnel Entering and Leaving the Country

Provisions
Appendix: Table of Restricted Quantities for Articles to Be Carried
Notes:

(Approved by the State Council on August 28, 1989 and promulgated by

the General Customs Administration on September 6, 1989)
Provisions

Article 1 These Provisions are formulated in order to show consideration
for the reasonable needs of the personnel sent abroad by the State to work
or study (hereinafter referred to as “the personnel going abroad”), and to
strengthen the control of articles the importation of which is restricted by
the State.

Article 2 The luggage and articles carried by the personnel entering
or leaving the country shall be restricted to those for personal use and
within reasonable quantities. The personnel going abroad, while entering the
country, shall be given the preferential treatment of exemption from duty
for the luggage and articles they carry along that belong to the varieties
and within the quantities stipulated in the Table of Restricted Quantities
for Articles to be Carried into the Country by the Personnel Going Abroad,
attached to these Provisions as an appendix (hereinafter referred to as “the
Table of Restricted Quantities”). The personnel going abroad, who have worked
or studied abroad, for every 6 months (i.e. 180 days), shall be permitted
to carry into the country duty-free two articles – one article each from
Category 4 and Category 5, as listed in the Table of Restricted Quantities;
the aforesaid personnel going abroad are permitted to enjoy the said
preferential treatment for four successive years at most. This time limit,
however, does not apply to the personnel sent abroad to carry out an
economic-aid program or to fulfil a labour contract. With respect to personnel
temporarily going abroad, who stay abroad for less than 6 months (i.e. 180
days), they.shall be permitted to carry into the country, after paying the
duty, two articles – one article each from Category 4 and Category 5, as
listed in the Table of Restricted Quantities, when they enter the country for
the first time in a year in terms of the Gregorian calendar.

Article 3 The term “personnel going abroad on a long-term basis”, as
used in these Provisions, refers to such personnel who are sent out by the
State to work or study abroad for a period of more than one year. The term
“personnel sent abroad to carry out an economic-aid program” refers to such
personnel who are sent to work abroad on a long-term basis to carry out an
economic and technological aid program signed between two governments.

The term “personnel sent abroad to fulfil a labour contract” refers to
such technical, engineering, and administrative personnel who are sent abroad,
holding ordinary passports issued to citizens going abroad on public
business, to fulfil a labour or construction contract, signed with foreign
businessmen by a company vested with the right to manage external contracting
and labour business with the approval of the State Council or of the Ministry
of Foreign Economic Relations and Trade. The term “personnel temporarily
going abroad” refers to various categories of personnel, who are sent,
temporarily, by the State to work abroad or study for a period of less than
one year.

Article 4 With respect to personnel going abroad on a long-term basis,
the Customs shall issue to them Registration Certificate for Duty-free
Imported Articles” (hereinafter referred to as “the Registration
Certificate”). While entering the country, the personnel going abroad on a
long-term basis (including those who are exempted from inspection) shall
declare at the Customs by filling in the Registration Certificate the articles
they carry along, so that the Customs may give clearance after inspection
and verification. The Customs shall strictly control the scope of issuance
of the Registration Certificates.

Article 5 In case the personnel going abroad on a long-term basis ask
other personnel going abroad to carry into the country articles under
Categories 4 and 5, as listed in the Table of Restricted Quantities, the
Customs shall give clearance after examining “Certification for Carrying
Articles by Entrustment” issued by a Chinese organ abroad and the Registration
Certificate of owners of the said articles, and the said articles shall be
counted in the restricted quantity of duty-free articles carried into the
country by the owners themselves. Articles that exceed the restricted quantity
are not permitted to be carried into the country by entrustment.

Article 6 In case the personnel going abroad buy articles at a unit in
the country designated by the State to provide the personnel going abroad
with goods paid for in foreign exchange, they shall present their passports,
and the articles bought shall be counted in their restricted quantity of
duty-free articles.

Article 7 In case the personnel going abroad use their own foreign
exchange earning to buy, for their work-unit, equipment and articles for
scientific research and teaching (not including such general household
electrical appliances as TV sets, tape recorders, etc.), such equipment and
articles shall be exempted from duty and the Customs shall give clearance
after it has examined and verified the certification issued by a government
organ at the department/bureau level or higher. Import duties shall be levied
on articles not belonging to the aforesaid categories in accordance with
the pertinent provisions.

Article 8 The personnel going abroad must not accept articles to be
brought into or out of the country as entrusted by persons of foreign
nationalities, overseas Chinese, and compatriots from Hong Kong, Macao, and
Taiwan; neither shall they entrust the aforesaid people with the carrying
of articles into the country.

Article 9 The personnel going abroad, while entering or leaving the
country, must not carry articles the import and export of which are forbidden
by the State.

Article 10 The personnel going abroad shall comply with these Provisions
and other pertinent provisions, and go through the Customs procedures
conscientiously. In the event that they wish to sell their personal articles
which have been given Customs clearance duty-free, they shall sell them to a
State-run commercial department that is authorized by the State to handle
foreign goods.

Article 11 Personnel who are approved to go to work in the regions of
Hong Kong and Macao shall go through the procedures also in accordance with
these Provisions when they carry articles into the country; but they must
not ask other people to carry; articles for them into the country.

Article 12 These Provisions shall go into effect on September 10, 1989.

Appendix: Table of Restricted Quantities for Articles to Be Carried
into the Country by the Personnel Going Abroad

(1) The value of the aforesaid articles shall be appraised in accordance
with C.I.F.

(2) None of the articles listed in Category 4 and Category 5 of this Table
shall be chosen a second time in the same year.

(3) In case the temporary personnel are sent abroad many times, their
duration of stay abroad on different occasions shall not be added up to
obtain an accumulative total.

INTERIM REGULATIONS OF PRC CONCERNING THE ASSIGNMENT AND TRANSFER OF THE RIGHT TO THE USE OF THE STATE-OWNED LAND IN THE URBAN AREAS

Interim Regulations of PRC Concerning the Assignment and Transfer of the Right to the Use of the State-owned Land in the Urban Areas

(Effective Date:1990.05.19–Ineffective Date:)

CHAPTER I GENERAL PROVISIONS

CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND

CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND

CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND

CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND

CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND

CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. These Regulations are formulated in order to reform the system of using the State-owned land in the urban areas, rationally develop,
utilize and manage the land, strengthen land administration and promote urban construction and economic development.

Article 2. The State, in accordance with the principle of the ownership being separated from the right to the use of the land, implements ten
system whereby the right to the use of the State-owned land in the urban areas may be assigned and transferred, with the exclusion
of the underground resources, the objects buried underground, and the public works.

The term “State-owned land in the urban areas~ as used is the preceding paragraph refers to the land owned by the whole people (hereinafter
referred to as “the land~) within the limits of cities, county sites, administrative towns and industrial and mining areas.

Article 3. Any company, enterprise, other organization and individual within or outside the People’s Republic of China may, unless otherwise
provided by law, obtain the right to the use of the land and engage in land development, utilization and management in accordance
with the provisions of these Regulations.

Article 4. Users of the land who have obtained the right to the use of the land in accordance with these Regulations may, within the term of
land use, transfer, lease, or mortgage the right to the use of the land or use it for other economic activities, and their lawful
rights and interests shall be protected by the laws of the State.

Article 5. Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state
and may not jeopardize the interests of the society and the public.

Article 6. The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection,
according to law, over the assignment, transfer, lease, mortgage and termination of the right to the use of the land.

Article 7. The registration of the assignment, transfer, lease, mortgage and termination of the right to the use of the registration of the
above-ground buildings and other attached objects shall be handled by the land administration department and housing administration
departments of the government in accordance with the law and pertinent regulations of the State Council.

THE registration documents shall be made available for public reference.

CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND

Article 8. The assignment of the right to the use of the land refers to the act of the State as the owner of the land who, within the term of
a certain number of years, assigns the right to the use of the land to land users, who shall in turn pay fees for the assignment
thereof to the State.

An assignment contract shall be signed for assigning the right to the use of the land.

Article 9. People’s governments at the municipal and county levels shall be in charge of assigning the right to the use of the land, which shall
be effected in a planned, step-by-step way.

Article 10. The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with
the administrative departments for urban planning and construction and the housing administration departments, draw up a plan concerning
the size and location, the purposes, the term, and other conditions with respect to the assigning of the right to the use of the
land. The plan shall be submitted for approval in accordance with the limits of authority for approval as stipulated by the State
Council and shall then the implemented by the land administration departments.

Article 11. The contract for assigning the right to the sue of the land shall be signed by and between the land administration departments under
the people’s governments at the municipal and county levels (hereinafter referred to as “the assigning party~) and the land users
in accordance with the principle of equality, voluntariness and compensation for use.

Article 12. The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes
listed below:

(1) 70 years for residential purposes;

(2) 50 years for industrial purposes;

(3) 50 years for the purposes of education, science, culture, public health and physical education;

(4) 40 years for commercial, tourist and recreational purposes; and

(5) 50 years for comprehensive utilization or other purposes.

Article 13. The assignment of the right to the use of the land may be carried out by the following means:

(1) by reaching an agreement through consultations;

(2) by invitation to bid; or

(3) by auction.

The specific procedures and steps for assigning the right to the use of the land by the means stipulated in preceding paragraphs shall
be formulated by the people’s government of relevant province, autonomous region, or municipality directly under the Central Government.

Article 14. The land user shall, within 60 days of the signing of the contract for the assignment of the right to the use of the land, pay the
total amount of the assignment fee thereof, failing which, the assigning party shall have the right to terminate the contract and
may claim compensation for breach of contract.

Article 15. The assigning party shall, in compliance with the stipulations of the contract, provide the right to the use of the land thus assigned,
failing which, the land user shall have the right to terminate the contract and may claim compensation for breach of contract.

Article 16. After paying the total amount of the fee for the assignment of the right to the use of the land, the land user shall, in accordance
with the relevant provisions, go through the registration thereof, obtain the certificate for land use and accordingly the right
to the sue of the land.

Article 17. The land user shall, in conformity with the stipulations of the contract for the assignment of the right to the use of land and the
requirements of city planning, develop, utilize and manage the land.

Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the
conditions therein, the land administration departments under the people’s governments at the municipal and county levels shall make
corrections and, in light of the seriousness of the case, give such penalties as a warning, a fine or , in an extreme case, with
drawing the right to the use of the land without compensation.

Article 18. If the land user needs to alter the purposes of land use as stipulated in the contract for assigning the right to the use of land,
he shall obtain the consent of the assigning party and the approval of the land administration department and the urban planning
department and shall, in accordance with the relevant provisions in this Chapter, sign a new contract for assigning the right to
the use of the land, readjust amount of the assignment fee thereof, and undertake registration anew.

CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND

Article 19. The transfer of the right to the use of the land refers to the land user’s act of re-assigning the right to the use of the land,
including the sale, exchange, and donation thereof.

If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions
therein, the right to the use thereof may not be transferred.

Article 20. A transfer contract shall be sighed for the transfer of the right to the use of the land.

Article 21. With the transfer of the right to the use of the land, the rights and obligations specified in the contract for assigning the right
to the use of the land and in the registration documents shall be transferred accordingly.

Article 22. The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is
the remainder of the term specified in the contract for assigning the right to the use of the land minus the number of the years
in which the original land user has used the land.

Article 23. With the transfer of the right to the use of the land, the ownership of the above-ground buildings and other attached objects shall
be transferred accordingly.

Article 24. The owners or joint owners of the above-ground buildings and other attached objects shall have the right to the use of the land within
the limits of use of the said buildings and objects.

With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the right to the use
of the land within the limits of use of the said buildings and objects shall be transferred accordingly, with the exception of the
movables.

Article 25. With respect to the transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached
objects, registration for the transfer shall be undertaken in accordance with the relevant provisions.

Divided transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached objects
shall be subject to the approval of the land administration department and the housing administration departments under the people’s
governments at the municipal and country levels, and registration for the divided transfer shall be undertaken in accordance with
the relevant provisions.

Article 26. When the transfer of the right to the use of the land is priced at a level obviously lower than the prevailing market price, the
people’s governments at the municipal and county levels shall have the priority of the purchase thereof.

When the market price for the transfer of the right to the use of the land rises to an unreasonable extent, the people’s governments
at the municipal and county levels may take necessary measures to cope with it.

Article 27. If, after the transfer of the right to the use of the land, necessity arises for altering the purposes of land use as stipulated
in the contract for assigning the right to the use of the land, it shall be handled in accordance with the provisions in Article
18 of these Regulations.

CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND

Article 28. The lease of the right to the use of the land refers to the act of the land user as the lessor to lease the right to the use of the
land together with the above-ground buildings and other attached objects to the lessee for use who shall in turn pay lease rentals
to the lessor.

If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions
therein, the right to the use thereof may not be leased.

Article 29. A lease contract shall be signed for leasing the right to the use of the land by and between the lessor and the lessee.

The lease contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning
the right to the use of the land.

Article 30. After leasing the right to the use of the land the lessee must continue to perform the contract for assigning the right to the use
of the land.

Article 31. With respect to the lease of the right to the use of the land together with the above-ground buildings and other attached objects,
the lessee shall undertake registration in accordance with the relevant provisions.

CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND

Article 32. The right to the use of the land may be mortgaged.

Article 33. With the mortgage of the right to the use of the land, the above-ground buildings and other attached objects thereon shall be mortgaged
accordingly.

With the above-ground buildings and other attached objects, the right to the use of the land within the limits of use of the said
buildings and objects shall be mortgaged accordingly.

Article 34. A mortgage contract shall be signed for mortgaging the right to the use of the land by and between the mortgagor and the mortgagee.

The mortgage contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning
the right to the use of the land.

Article 35. With respect to the mortgage of the right to the use of the land together with the above-ground buildings and other attached objects,
registration for the mortgage shall be undertaken in accordance with the relevant provisions.

Article 36. If the mortgagor fails to fulfil liabilities within the prescribed period of time or declares dissolution or bankruptcy within the
term of the mortgage contract, the mortgagee shall have the right to dispose of the mortgaged property in accordance with the laws
and regulations of the State and the stipulations of the mortgage contract.

With respect to the right to the use of the land and the ownership of the above-ground buildings and other attached objects acquired
as a result of the disposal of the mortgaged property, transfer registration shall be undertaken in accordance with the relevant
provisions.

Article 37. The mortgagee shall have the priority of compensation with respect to the receipts resulting from the disposal of the mortgaged property.

Article 38. If the mortgage is eliminated as a result of the liquidation of liabilities or for other reasons, procedures shall be undertaken
to nullify the mortgage registration.

CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND

Article 39. The right to the use of the land shall terminate for such reasons as the expiration of the term of use as stipulated in the contract
for assigning the right to the use of the land, the withdrawal of the right before the expiration, or the loss of the land.

Article 40. Upon expiration of the term of use, the right to the use of the land and the ownership of the above-ground buildings and other attached
objects thereon shall be acquired by the State without compensation. The land user shall surrender the certificate for land use and
undertake procedures to nullify the registration.

Article 41. Upon expiration of the term of use, the land user may apply for its renewal. Where such a renewal is necessary, a new contract shall
be signed in accordance with the provisions in Chapter II of these Regulations and the land user shall pay the fee for the assignment
of the right to the use of the land and undertake registration.

Article 42. The State shall not withdraw before the expiration of the term of use the right to the use of the land which the land user acquired
in accordance with the law. Under special circumstances, the State may, based on the requirements of social public interests, withdraw
the right before the expiration of the term of use in line with the relevant legal procedures and shall. based on the number of years
in which the land user has used the land and the actual state of affairs with respect to the development and utilization of the land,
offer corresponding compensation.

CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND

Article 43. the allocated right to the use of the land refers to the right to the use of the land which the land user acquires in accordance
with the law, by various means, and without compensation.

The land user referred to in the preceding paragraph shall pay tax for the use of the land in accordance with the provisions of the
Interim Regulations of the People’s Republic of China Concerning the Tax for the Use of the Land in the Urban Areas.

Article 44. The allocated right to the use of the land may not be transferred, leased, or mortgaged, with the exception of cases as specified
in Article 45 of these Regulations.

Article 45. On condition that the following requirements are satisfied, the allocated right to the use of the land and the ownership of the above-ground
buildings and other attached objects may, subject to the approval of the land administration departments and the housing administration
departments under the people’s governments at the municipal and county levels, be transferred, leased or mortgaged:

(1) The land users are companies, enterprises, or other economic organizations, or individuals;

(2) A certificate for the use of state-owned land had been obtained;

(3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and

(4) A contract for assigning the right to the use of land is signed in accordance with the provisions in Chapter II of these Regulations
and the land user makes up for the payment of the assignment fee to the local municipal or county people’s government or uses the
proceeds resulting from the transfer, lease or mortgage to pay the assignment fee.

The transfer, lease or mortgage of the allocated right to the use of the land referred to in preceding paragraphs shall be handled
respectively in accordance with the provisions in Chapters III, IV and V of these Regulations.

Article 46. Any units or individuals that transfer, lease or mortgage the allocated right to the use of the land without authorization shall
have their illegal incomes thus secured confiscated by the land administration departments under the people’s governments at the
municipal and county levels and shall be fined in accordance with the seriousness of the case.

Article 47. If the land user who has acquired the allocated right to the use of the land without compensation stops the use thereof as a result
of moving to another site, dissolution, disbandment, or bankruptcy or for other reasons, the municipal or county people’s government
shall withdraw the allocated right to the use of the land without compensation and may assign it in accordance with the relevant
provisions of these Regulations.

The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of
urban planning, withdraw the allocated right to the use of the land without compensation and may assign it in accordance with the
relevant provisions of these Regulations.

When the allocated right to the use of the land is withdrawn without compensation, the municipal or county people’s government shall,
in the light of the actual state of affairs, give due compensation for the above-ground buildings and other attached objects thereon.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 48. The right to the use of the land may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations.

Article 49. The land user shall pay tax in accordance with the provisions of the tax laws and regulations of the State.

Article 50. Fees collected by assigning the right to the use of the land in accordance with these Regulations shall be included in the fiscal
budget and managed as a special fund, which shall be used mainly for urban construction and land development. The specific measures
for the use and management of the fund shall be separately prescribed by the Ministry of Finance.

Article 51. The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall,
in accordance with the Provisions of these Regulations and with the actual state of affairs in their respective localities, select
as their pilot testing grounds some of the cities or towns where conditions are relatively ripe.

Article 52. With respect to foreign investors engaging in developing and managing tracts of land, the administration of the right to the use
of the land shall be effected in accordance with the relevant provisions of the State Council.

Article 53. The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation
thereof shall be formulated by the people’s governments of the provinces, autonomous regions and municipalities directly under the
Central Government.

Article 54. These Regulations shall go into effect as of the date of promulgation.

REGULATIONS ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS

Regulations of the PRC on the Investigation and Handling of Maritime Traffic Accidents

(Effective Date:1990.03.03–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II REPORT

CHAPTER III INVESTIGATION

CHAPTER IV HANDLING OF ACCIDENTS

CHAPTER V MEDIATION

CHAPTER VI PENALTIES

CHAPTER VII SPECIAL PROVISIONS

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People’s Republic
of China in order to strengthen the control of maritime traffic safety and promptly investigate and handle maritime traffic accidents.

Article 2. The harbour superintendency establishments of the People’s Republic of China shall be responsible for implementing these Regulations.

Article 3. These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters
of the People’s Republic of China.

If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime
traffic accidents happening in the fishing port waters or of the maritime traffic accidents happening between fishing vessels or
between military vessels in the coastal waters, these special provisions shall prevail.

Article 4. The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations:

(1) Collision, strike or damage by waves;

(2) Hitting hidden rocks or running aground;

(3) Fire or explosion;

(4) Sinking;

(5) Damage or loss of machinery parts or important tools during a voyage which affects the vessel’s seaworthiness;

(6) Other maritime traffic accidents which cause losses in property and human lives.

CHAPTER II REPORT

Article 5. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to
the harbour superintendency administration at the nearest harbour by a high-frequency telephone, radiotelegram or other effective
means. The content of the reports shall include: name of the vessel or installation, call sign, nationality, port of departure and
port of arrival, owners or managers of the vessel or installation,when and where the accident happened and the attending circumstances
on the sea, the extent of damage of the vessel or installation, request for salvage, etc.

Article 6. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making
brief reports immediately in accordance with the provisions in Article 5, submit the Report Concerning Maritime Traffic Accidents
and other necessary documents and material according to the following stipulations to the harbour superintendency administration;

(1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit
a report and other material to the local harbour superintendency administration within 24 hours after the accidents.

(2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it
is necessary to submit a report and other material within 48 hours after the vessels arrive at the first harbour in the People’s
Republic of China of the harbour superintendency administration; in the case of installations, it is necessary to report by telegram,
the content of which shall cover all the items required in the Report Concerning Maritime Traffic Accidents to the harbour superintendent
at the nearest harbour within 48 hours after the accidents.

(3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic
Accidents to the local harbour superintendency administration within 24 hours after his return to the harbour.

If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set
in paragraphs (1) and (2) of this Article, the time limit may be appropriately extended after permission is obtained from the harbour
superintendency administration.

Article 7. The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents:

(1) Basic conditions of the vessel or installation and the data concerning its main functions;

(2) Name and address of the owner or manager of the vessel or installation;

(3) When and where the accident happened;

(4) The climatic conditions and the conditions on the sea when the accident happened;

(5) A detailed description of the course of the accident (for a collision, a sketch map illustration the face-to-face movements shall
be attached);

(6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to
make a thorough investigation within the set time limit, a report shall be submitted at a later date after the examination.)

(7) Estimated location of sinking in case where the vessel or installation sank;

(8) Other information related to the accident.

Article 8. A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falcification.

Article 9. If a vessel or an installation is damaged due to a maritime traffic accident, the captain in of the vessel or the person in charge
of the installation shall apply to China’s local inspection department or the inspection department at the vessel’s first port of
arrival in China for inspection or appraisement and send a copy of the inspection report to the harbour superintendency administration
for the record.

The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant
unite or department and the expenses shall be borne by the owner or manager of the vessel or installation.

If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation
must apply to a fire fighting brigade in the public security organ for an appraisement and send a copy of the appraisement report
to the harbour superintendency administration for the record.

CHAPTER III INVESTIGATION

Article 10. Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen
in the waters of their respective harhour areas.

The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency
administration of the nearest harbour or that of the vessel’s first port of arrival in the People’s Republic of China. The Harbour
Superintendency Administration Bureau of the People’s Republic of China may designate a harbour superintendency administration to
carry out the investigation, if the Bureau deems it necessary.

When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations
to take part in the investigation of the accidents.

Article 11. Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation
shall be carried out in an objective and all-round manner and must not be restricted by the information provided by the parties involved
in the accidents. If the investigation warrants it, the harbour superintendency administration has the right to:

(1) Question the persons concerned;

(2) Demand written material and testimonial from the persons under investigation;

(3) Demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts,
data of the vessel, functions of the navigation equipment and instruments and other necessary original papers and materials;

(4) Examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness
of the vessels and technical conditions of the installations before the accident;

(5) Examine the damage to the vessels, installations and goods and assertain casualties of personnel;

(6) Survey the scene of the accident and collect relevant material evidences.

During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may
resort to other means of investigation permitted by law.

Article 12. The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident
and provide authentic papers and materials.

In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons
being investigated.

Article 13. If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s)
involved to sail to the spot for investigation. Except when its (their) own safety is in danger, the vessel(s) involved must not
leave the said spot without the permission of the harbour superintendency administration.

Article 14. The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well
as maritime arbitration committees and other organs and personnel designated under the law may consult, make extracts of or duplicate
the findings concerning maritime traffic accidents prepared by the harbour superintendency administrations for the purpose of handling
cases. judicial organs may borrow these findings if they are really needed in the trials.

CHAPTER IV HANDLING OF ACCIDENTS

Article 15. The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report
on Findings Concerning Maritime Traffic Accidents, in which causes of the accident shall be ascertained and the responsibility of
the persons concerned be determined. A serious accident shall be reported to the local procuratorial organ.

Article 16. The Report on Findings Concerning the Maritime Traffic Accident shall include the following items:

(1) Basic conditions of the vessels or installations and the main data;

(2) Names and addresses or the owners or managers of the vessels or installations;

(3) When and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage;

(4) Causes of the accident and evidences thereof;

(5) Liabilities of the parties involved and evidences thereof;

(6) Other relevant information.

Article 17. The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following
penalties according to law to the persons who are held responsible for the maritime traffic accidents:

(1) Warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working
on the installations are of Chinese nationality;

(2) Warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or
their faults may be reported to the competent organs of their respective countries.

Article 18. If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations
who are held responsible for the maritime traffic accidents, the harbour superintendency administrations shall submit the cases to
their competent organs or the organs in charge of administrative supervision, With respect to persons whose action constitutes a
crime, the judicial authorities shall, in accordance with the law, investigate their criminal responsibility.

Article 19. The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and
managers of the vessels involved or installtions involved to strengthen safety control over their vessels or installations within
a time limit. In case of refusal to strengthen safety administration or failure to meet the safety requirements within the said time
limit, the harbour superintendent has the right to order the vessels or installations to suspend navigation, change courses or suspend
operation and may adopt other necessary compulsory measures.

CHAPTER V MEDIATION

Article 20. If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties
may apply to the harbour superintendency administration for mediation.

Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed.

Article 21. If s suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil
disputes mentioned in the preceding article shall not apply to the harbour superintendency administration for mediation.

Article 22. Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour
superintendency administration responsible for the investigation of the accident. If guarantees are demanded by the harbour superintendency
administration the parties shall provide papers of economic compensation guarantee.

Article 23. If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation
document shall include the following items: names and addresses of the parties, names and positions of the legal representatives,
main points of the disputes, liabilities of the parties, content of the agreement, payment of the mediation fees and the time limit
for the execution of the mediation agreement. The parties concerned shall jointly sign the mediation document and the superintendency
administration shall confirm it by affixing its seal thereon. One copy of the mediation document shall be held by each party concerned
and one copy kept by the harbour superintendency administration.

Article 24. All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renegue or fail to execute
the agreements within the time limit after the agreement is reached, the mediation shall be regarded as failing.

Article 25. If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from
it, the party shall send a written application to the harbour superintendency administration for mediation cancellation and notify
the other party to the dispute at the same time.

Article 26. If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the
date of receipt of the application for mediation, the mediation may be announced as failing.

Article 27. If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime
arbitration organ for arbitration.

Article 28. Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation
charges shall be worked out by the Ministry of Communications in conjunction with the State Administration for Commodity Prices and
the Ministry of Finance.

If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties’ faults
or the agreed proportions. If mediation has failed, the expenses shall be shared out equally among the parties.

CHAPTER VI PENALTIES

Article 29. The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on
the persons concerned (natural person), or impose a warning or a fine of not more than 5,000 yuan on the owners or managers of the
vessels, if they violate these Regulations in one of the following manners:

(1) Failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic
Accident or duplicate copies of the documents of court verdict, arbitration award or mediation document as stipulated in Article
32 of these Regulations within the time limit;

(2) Failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the
permission of the harbour superintendency administration when nothing is endangering the vessel (s);

(3) Affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident
report or the Report Concerning Maritime Traffic Accident does not meet the stipulated requirement or it is not truthful;

(4) Affecting the investigation of the accident by violating the provisions of Article 9;

(5) Refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency
administration;

(6) Intertionally concealing facts or providing false testimonial during investigation.

With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs
shall investigate their criminal responsibility according to law.

Article 30. Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour
superintendency administrations who violate the provisions of these Regulation, neglect their duties, abuse their powers, engage
in malpractices for selfish ends and ask for and accept bribes. If their acts constitue crimes, their criminal responsibilities shall
be investigated by judicial organs according to law.

Article 31. If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according
to the provisions of these Regulations, they may bring a suit in a people’s court according to law.

CHAPTER VII SPECIAL PROVISIONS

Article 32. If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People’s Republic of China,
their owners or managers shall report to the harbour superintendency administration where the vessels have registered and shall submit
the Report Concerning Maritime Traffic Accident within 60 days after the accidents happened. If lawsuits, arbitrations of mediations
concerning the accidents take place abroad, the owners or managers shall submit copies or photocopies of the court verdicts, awards
or mediation documents to the harbour superintendent of the harbour where the vessels have registered for the record within 60 days
after the termination of the lawsuits, arbitration or mediation.

Article 33. If crew members of Chinese nationality holding job qualification certificates of the People’s Republic of China are held responsible
for maritime traffic accidents while they are working on board foreign vessels, their respective units in China shall submit the
Report Concerning Maritime Traffic Accidents to the harbour superintendency administration issuing the job qualification certificates
within 60 days after the accidents happened.

The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt
with in accordance with the relevant provisions of these Regulations.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 34. With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent
threats of potential major accidents although direct traffic accidents have not been caused, the harbour superintendency administration
may carry out investigation and mete out penalties according to the provisions of these Regulations.

Article 35. The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant
laws and regulations of China concerning marine environmental protection.

Article 36. These Regulations shall be interpreted by the Ministry of Communications.

Article 37. These Regulations shall go into effect as of the date of promulgation.

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China Laws

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE SUPPRESSION OF THE FALSIFICATION, COUNTERFEITING, AND ILLEGAL...

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING HALTING THE DEVELOPMENT OF PYRAMID RETAILING

PROVISIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON SANITATION OF FOOD FOR EXPORT (FOR TRIAL IMPLEMENTATION)

CIRCULAR OF SUPREME PEOPLE’S COURT CONCERNING PRINTING AND DISTRIBUTION OF THE FORUM SUMMARY OF THE EIGHT PROVINCES AND MUNICIPALITIES’ COURTS CONCERNING THE SITUATION OF THE TRIAL OF CASES OF EMBEZZLEMENT, ACCEPTING BRIBES, AND SMUGGLING

RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW

REGULATIONS OF FINANCIAL INSTITUTIONS ON SPOT AND FORWARD FOREIGN CURRENCY TRANSACTIONS ON BEHALF OF CLIENTS

THE STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE FOREIGN ECONOMIC AND TRADE ARBITRATION COMMISSION AS THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES

REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS

PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT

PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY

INTERIM REGULATIONS OF PRC CONCERNING THE ASSIGNMENT AND TRANSFER OF THE RIGHT TO THE USE OF THE STATE-OWNED LAND IN THE URBAN AREAS

REGULATIONS ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7