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

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


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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





REGIONAL NATIONAL AUTONOMY LAW

Law of the People’s Republic of China on Regional National Autonomy

(Adopted at the Second Session of the Sixth National People’s Congress on May 31, 1984 and promulgated by Order No.13
of the President of the People’s Republic of China on May 31, 1984; amended in accordance with the Decision on the Amending the Law
of the People’s Republic of China on Regional National Autonomy made at the 20th Meeting of the Standing Committee of the Ninth National
People’s Congress on February 28, 2001) 

 

Contents 

Preface 

Chapter I   General Provisions 

Chapter II  Establishment of National Autonomous Areas and the Structure of the Organs of Self-Government 

Chapter III The Power of Autonomy of the Organs of Self-Government 

Chapter IV  The People’s Courts and People’s Procuratorates of National Autonomous Areas 

Chapter V   Relations Among Nationalities Within a National Autonomous Area 

Chapter VI  Responsibilities of State Organs at Higher Levels 

Chapter VII Supplementary Provisions 

 

Preface 

The People’s Republic of China is a unitary multinational State created jointly by the people of all its nationalities.  Regional
national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China
through its application of Marxism-Leninism; it is a basic political system of the State. 

Regional national autonomy means that the minority nationalities, under unified State leadership, practise regional autonomy in areas
where they live in concentrated communities and set up organs of self-government for the exercise of the power of autonomy. 
Regional national autonomy embodies the State’s full respect for and guarantee of the right of the minority nationalities to administer
their internal affairs and its adherence to the principle of equality, unity and common prosperity for all the nationalities. 

Regional national autonomy has played an enormous role in giving full play to the initiative of all the nationalities as masters
of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the
unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. 
In the years to come, continued efforts shall be made to uphold and improve the system of regional national autonomy, so that it
will play a greater role in the country’s socialist modernization drive. 

It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given
effective guarantees for implementing State laws and policies in the light of existing local conditions; that large numbers of cadres
at various levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority
nationalities; that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and
hard work and contribute to the nation’s construction as a whole; and that the State strive to help the national autonomous areas
speed up their economic and cultural development in accordance with the plans for national economic and social development. 
In the effort to maintain the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism
must be opposed. 

Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory,
the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people’s
democratic dictatorship and to the policy of reform and opening to the outside world, march along the road of constructing socialism
with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy,
foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress,
speed up the economic and cultural development of the national autonomous areas, work towards their unity and prosperity and strive
for the common prosperity of all the nationalities and for the transformation of China into a prosperous, powerful, democratic and
culturally advanced socialist country. 

The “Law of the People’s Republic of China on Regional National Autonomy” is the basic law for the implementation of the system of
regional national autonomy prescribed in the Constitution. 

 

Chapter I 

General Provisions 

Article 1  The Law of the People’s Republic of China on Regional National Autonomy is formulated in accordance with the Constitution
of the People’s Republic of China. 

Article 2 -Regional autonomy shall be practiced in areas where minority nationalities live in concentrated communities. 

National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties. 

All national autonomous areas are integral parts of the People’s Republic of China. 

Article 3 Organs of self-government shall be established in national autonomous areas as local organs of the State power at a particular
level. 

The organs of self-government of national autonomous areas shall apply the principle of democratic centralism. 

Article 4 The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of the
State as specified in Section 5 of Chapter III of the Constitution.  At the same time, they shall exercise the power of autonomy
within the limits of their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies
of the State in the light of existing local conditions. 

The organs of self-government of autonomous prefectures shall exercise the functions and powers of local State organs over cities
divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy. 

Article 5 The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the
Constitution and other laws are observed and implemented in these areas. 

Article 6 The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated
effort to promote socialist modernization. 

On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall
have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural
development of these areas. 

Under the guidance of State plans and on the basis of actual conditions, the organs of self-government of national autonomous areas
shall steadily increase labor productivity and economic results, develop social productive forces and gradually raise the material
living standards of the people of the various nationalities. 

The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures,
build a socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist
consciousness and scientific and cultural levels of the people of the various nationalities. 

Article 7 The organs of self-government of national autonomous areas shall place the interests of the State as a whole above anything
else and make positive efforts to fulfill the tasks assigned by State organs at higher levels. 

Article 8 State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of
national autonomous areas and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up
their socialist construction. 

Article 9 State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the
socialist relationship of equality, unity and mutual assistance among all of China’s nationalities.  Discrimination against
and oppression of any nationality shall be prohibited; any act that undermines the unity of the nationalities or instigates national
division shall also be prohibited. 

Article 10 The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas
to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs. 

Article 11 The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens
of the various nationalities. 

No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may
they discriminate against citizens who believe in, or do not believe in, any religion. 

The State shall protect normal religious activities. 

No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with
the educational system of the State. 

Religious bodies and religious affairs shall not be subject to any foreign domination. 

Chapter II 

Establishment of National Autonomous Areas 

and the Structure of the Organs of Self-government 

Article 12 Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the
light of local conditions such as the relationship among the various nationalities and the level of economic development, and with
due consideration for historical background. 

Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority
nationalities live in concentrated communities. 

Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration
of actual local conditions. 

Article 13 With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality
and the name of the nationality and the administrative status, in that order. 

Article 14 The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall
be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation
with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed
by law. 

Once established, no national autonomous area may, without legal procedures, be abolished or merged. Once defined, no boundaries
of a national autonomous area may, without legal procedures, be altered. Where abolition or merger or alteration is really required,
it shall be proposed by the relevant department of the State organ at the next higher level after full consultation with the organ
of self-government of the national autonomous area before it is submitted for approval according to legal procedures. 

Article 15 The organs of self-government of national autonomous areas shall be the people’s congresses and people’s governments of
autonomous regions, autonomous prefectures and autonomous counties. 

The people’s governments of national autonomous areas shall be responsible to and report on their work to the people’s congresses
at corresponding levels and to the administrative organs of the State at the next higher level.  When the people’s congresses
at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these
people’s congresses.  The people’s governments of all national autonomous areas shall be administrative organs of the State
under the unified leadership of the State Council and shall be subordinate to it. 

The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas’ regulations
on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws. 

Article 16 In the people’s congress of a national autonomous area, in addition to the deputies from the nationality exercising regional
autonomy in the administrative area, the other nationalities inhabiting the area are also enpost_titled to appropriate representation. 

The number and proportion of deputies to the people’s congress of a national autonomous area from the nationality exercising regional
autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people’s congress of a
province, an autonomous region or a municipality directly under the Central Government, in accordance with the principles prescribed
by law, and shall be reported to the Standing Committee of the National People’s Congress for the record. 

Among the chairman and vice-chairmen of the standing committee of the people’s congress of a national autonomous area shall be one
or more citizens of the nationality exercising regional autonomy in the area. 

Article 17 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall
be a citizen of the nationality exercising regional autonomy in the area concerned.  Other posts in the people’s government
of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality
exercising regional autonomy and of other minority nationalities in the area concerned. 

The people’s governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of
an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the
people’s governments at their respective levels. 

Article 18 The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen
from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area. 

Chapter III 

The Power of Autonomy of 

the Organs of Self-Government 

Article 19  The people’s congresses of national autonomous areas shall have the power to enact regulations on the exercise of
autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities
in the areas concerned.  The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be
submitted to the Standing Committee of the National People’s Congress for approval before they go into effect.  The regulations
on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the
standing committees of the people’s congresses of provinces, autonomous regions or municipalities directly under the Central Government
for approval before they go into effect, and they shall be reported to the Standing Committee of the National People’s Congress and
the State Council for the record. 

Article 20 If a resolution, decision, order or instruction of a State organ at a higher level does not suit the conditions in a national
autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing
it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within
60 days from the date of receipt of the report. 

Article 21 While performing its functions, the organs of self-government of a national autonomous area shall, in accordance with
the regulations on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several
commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy
may be used as the main language. 

Article 22 In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall
take various measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including
scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play
to their roles, and shall pay attention to the training of cadres at various levels and specialized and technical personnel of various
kinds from among the women of minority nationalities. 

When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations to
people of the nationality exercising regional autonomy and of other minority nationalities in the area. 

The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement
to specialized personnel joining in the various kinds of construction in these areas. 

Article 23 When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas
shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral
areas. 

Article 24 The organs of self-government of national autonomous areas may, in accordance with the military system of the State and
practical local need and with the approval of the State Council, organized local public security forces for the maintenance of public
order. 

Article 25 Under the guidance of State plans, the organs of self-government of national autonomous areas shall, in the light of local
characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for and
administer local economic development.  

Article 26 Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous
areas shall, in accordance with legal stipulations and in the light of the characteristics of local economic development, rationally
readjust the relations of production and the economic structure, and work hard to develop the socialist market economy.” 

The organs of self-government of national autonomous areas shall uphold the basic economic system, under which public ownership is
the mainstay and the economic sectors under different types of ownership develop together, and encourage the development of the economic
sectors under non-public ownership.  

Article 27 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership
of, and the right to use, the pastures and forests within these areas. 

The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements
for and encourage the planting of trees and grass.  Destruction of grasslands and forests by any organization or individual
by whatever means shall be prohibited.   Reclamation of land from grasslands or forests by destroying grass or trees shall
strictly be prohibited. 

Article 28 In accordance with legal stipulation, the organs of self-government of national autonomous areas shall manage and protect
the natural resources of these areas. 

In accordance with legal stipulations and unified State plans, the organs of self-government of national autonomous areas may give
priority to the rational exploitation and utilization of the natural resources that the local authorities are enpost_titled to develop. 

Article 29 Under the guidance of State plans, the organs of self-government of national autonomous areas shall independently arrange
local capital construction projects according to their financial and material resources and other specific local conditions. 

Article 30 The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions
under local jurisdiction. 

Article 31 In accordance with State provisions, the organs of self-government of national autonomous areas may pursue foreign economic
and trade activities and may, with the approval of the State Council, open foreign trade ports. 

National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council. 

While conducting economic and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment
by the State. 

Article 32 The finance of a national autonomous area constitutes a particular level of finance and is a component of State finance. 

The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their
areas.  All revenues accruing to the national autonomous areas under the financial system of the State shall be managed and
used by the organs of self-government of these areas on their own. 

Under the unified national financial system, a national autonomous area shall enjoy preferential treatment by the financial department
at a higher level through the standard financial transfer payment system exercised by the State. 

A national autonomous area shall, in accordance with State stipulations, lay aside a reserve fund for expenditure in its budget. 
The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas. 

While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra
income and savings from expenditures at its own discretion. 

Article 33 In accordance with the principles set by the State and in the light of local conditions, the organs of self-government
of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure,
the sizes of the staff and the quotas of work for their respective areas.  The supplementary provisions and concrete procedures
worked out by autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures
and autonomous counties shall be reported to the people’s governments of the relevant provinces, autonomous regions or municipalities
directly under the Central Government for approval. 

Article 34 While implementing the tax laws of the State, the organs of self-government of national autonomous areas may grant tax
exemptions or reductions for certain items of local financial income which should be encouraged or given preferential consideration
in taxation, in addition to items on which tax reduction or exemption requires unified examination and approval by the State. 
The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption shall be reported to the people’s
governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval. 

Article 35 A national autonomous area may, in the light of the needs of the local economic and social development and in accordance
with the stipulations of laws, set up local commercial banks and urban and rural credit cooperative organizations. 

Article 36 In accordance with the guidelines of the State on education and with the relevant stipulations of the law, the organs
of self-government of national autonomous areas shall decide on plans for the development of education in these areas, on the establishment
of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction
and enrollment procedures.  

Article 37 The organs of self-government of national autonomous areas shall independently develop education for the nationalities
by eliminating illiteracy, setting up various kinds of schools, spreading nine-year compulsory education, developing regular senior
secondary education and secondary vocational and technical education in various forms, and developing higher education, where possible
and necessary, so as to train specialized people from among all the minority nationalities.   

The organs of self-government of national autonomous areas shall set up public primary schools and secondary schools, mainly boarding
schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited
by minority nationalities, so as to ensure that the students at school accomplish their schooling at the compulsory education stage.
The expenses for running schools and for subsidies shall be handled by the local governments. If it is difficult for the local governments
to do so, the governments at a higher level shall give them allowances.  

Schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall,
whenever possible, use textbooks in their own languages and use their languages as the media of instruction.  Classes for the
teaching of Chinese (the Han language) shall, where possible, be opened for junior or senior grades of primary schools to popularize
putonghua (the common speech based on Beijing pronunciation) and standard Chinese characters.  

People’s governments at various levels shall give financial support to the compilation translation and publishing of teaching materials
and publications in languages of minority nationalities.   

Article 38 The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing,
radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the
nationalities, and increase their input in cultural undertakings, provide improved cultural facilities and speed up the development
of various cultural undertakings. 

The organs of self-government of national autonomous areas shall make arrangements for the units or departments concerned and support
them in their efforts to collect, sort out, translate and publish historical and cultural books of minority nationalities and protect
the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural
legacies, so as to inherit and develop their outstanding traditional culture. 

Article 39 The organs of self-government on national autonomous areas shall make independent decisions on local plans for developing
science and technology and spreading knowledge of science and technology. 

Article 40 The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local
medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities. 

The organs of self-government of national autonomous areas shall see to a more effective prevention and control of contagious and
endemic diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions. 

Article 41 The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional
sports of the nationalities and improve the physical fitness of the people of the various nationalities. 

Article 42 The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with
other areas in education, science and technology, culture and art, public health, sports, etc. 

In accordance with relevant State provisions, the organs of self-government of national autonomous regions and autonomous prefectures
may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc. 

Article 43 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures
for control of the transient population. 

Article 44 The policy of family planning and good prenatal and postnatal care shall be carried out in national autonomous areas in
order to enhance the population quality of all the nationalities. 

In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions,
work out measures for family planning. 

Article 45 The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological
environment and shall prevent and control pollution and other public hazards, so as to bring about the coordinated development of
population, resources and environment. 

Chapter IV 

The People’s Courts and People’s Procuratorates 

of National Autonomous Areas 

Article 46 The People’s Courts and People’s Procuratorates of national autonomous areas shall be responsible to the people’s congresses
at corresponding levels and their standing committees.  The People’s Procuratorates of national autonomous areas shall also
be responsible to the People’s Procuratorates at higher levels. 

The administration of justice by the People’s Courts of national autonomous areas shall be supervised by the Supreme People’s Court
and by People’s Courts at higher levels.  The work of the People’s Procuratorates of national autonomous areas shall be directed
by the Supreme People’s Procuratorate and by the People’s Procuratorates at higher levels. 

Members of the leadership and of the staff of the People’s Court and of the People’s Procuratorate of a national autonomous area
shall include people from the nationality exercising regional autonomy in that area. 

Article 47 In the prosecution and trial of cases, the People’s Courts and People’s Procuratorates in national auto

INTERIM MEASURES OF THE CUSTOMS CONCERNING VESSEL TONNAGE DUES

Category  CUSTOMS Organ of Promulgation  The Government Administration Council Status of Effect  In Force
Date of Promulgation  1952-09-29 Effective Date  1952-09-29  


Interim Measures of the Customs of the People’s Republic of China Concerning Vessel Tonnage Dues


Note:

(Approved by the Financial and Economic Committee of the Government

Administration Council on September 16, 1952 and promulgated and put into
effect by the General Customs Administration on September 29, 1952)

    Article 1  Vessel tonnage dues (hereinafter referred to as tonnage) shall
be levied by the Customs in accordance with these Measures on foreign
registered vessels and Chinese registered vessels chartered by foreign firms
and Chinese or foreign registered vessels used by Chinese-foreign equity joint
ventures (including vessels sailing exclusively within the ports) sailing in
the ports of the People’s Republic of China.

    It is not necessary for the said vessels paying tonnages to pay additional
vehicle and vessel service licence fees to the tax authorities.

    Article 2  Tonnages are divided into two types: one to be paid once every
three months and the other to be paid once every 30 days, to be chosen by the
payers themselves when they apply for the payment of the tonnages. The scale
and rate of the tonnages are as follows:

    1. Those to be paid once every three months:

  ———————————————————————-

  |  Category of  |      Tonnes     |Tonnage per tonne|    Remarks    
|

  |    Vessel     |                
|   (RMB yuan)    |                |

  |—————|—————–|—————–|—————-|

  |               | below 50 tonnes |  
3 jiao        |Tonnages to be  |

  |               |    51 tonnes
to |                 |calculated and  |

  |               |      150
tonnes |   3 jiao 5 fen  |levied by net   |

  |               |   151 tonnes to |                
|weight. The odd |

  |               |      300
tonnes |   4 jiao        |amount less than|

  |               |   301 tonnes to |                
|1/2 tonne is    |

  |               |      500
tonnes |   4 jiao 5 fen  |exempt from     |

  |Power-driven   |   501 tonnes to |                
|taxation; 1/2   |

  |               |    1,000 tonnes
|   6 jiao        |tonne or more is|

  |Vessels (Steam-| 1,001 tonnes to |                
|considered as 1 |

  |               |    1,500 tonnes
|   7 jiao 5 fen  |tonne. Small    |

  |ships, motor-  | 1,501 tonnes to |                
|vessels less    |

  |               |    2,000 tonnes
|   9 jiao        |than 1 tonne    |

  |boats or       | 2,001 tonnes to |                
|shall be taxed  |

  |               |    3,000 tonnes
|   1 yuan 1 jiao |as 1 tonne      |

  |tugboats)      | 3,001 tonnes to |                
|except for those|

  |               |    4,000 tonnes
|   1 yuan 3 jiao |those enjoying  |

  |               | 4,001 tonnes to |                
|exemption       |

  |               |    5,000 tonnes
|   1 yuan 5 jiao |specially       |

  |               |over 5,001 tonnes|  
1 yuan 8 jiao |granted by the  |

  |               |                
|                 |General Custom  |

  |               |                
|                 |Administration. |

  |—————|—————–|—————–|—————-|

  |Non-power-     | below 10 tonnes |   1 jiao 5 fen  |                |

  |Driven Vessels |  11 tonnes to   |                
|                |

  |(various       |     50 tonnes   |   2 jiao        |                |

  |manually-      |  51 tonnes to   |                
|                |

  |driven boats,  |    150 tonnes   |   2 jiao 5 fen  |                |

  |lighters and,  | 151 tonnes to   |                
|                |

  |junks)         |    300 tonnes   |  
3 jiao        |                |

  |               | over 301 tonnes |  
3 jiao 5 fen  |                |

  ———————————————————————-

    2. Those to be paid once every 30 days shall be levied at half the rates
in the above list.

    The tonnage shall be levied on an incoming vessel from the date of its
declaration for entry. If the vessel does not leave China at the expiration
of the tonnage licence, the levy shall continue as of the next day of the
expiration.

    Article 3  The tonnage for a vessel which is registered in or belongs to
a foreign country which has entered into a treaty or agreement with the
People’s Republic of China for mutual preferential treatment of tonnages or
fees levied on vessels shall be levied at a preferential rate. The rates of
tonnages to be levied once every three months are as follows:

  ———————————————————————-

  |  Category of  |      Tonnes     |Tonnage per tonne|    Remarks    
|

  |    Vessel     |                
|   (RMB yuan)    |                |

  |———————————————————————

  |               | below 50 tonnes |  
3 jiao        |The procedures  |

  |               |    51 tonnes
to |                 |for calculaion  |

  |               |      150
tonnes |   3 jiao 5 fen  |and levy are    |

  |Power-driven   |   151 tonnes to |                
|the same as in  |

  |               |      300
tonnes |   4 jiao        |the preceding   |

  |Vessels (Steam-|   301 tonnes to |                
|list.           |

  |               |      500
tonnes |   4 jiao 5 fen  |                |

  |ship, motor-   |   501 tonnes to |                
|                |

  |               |    1,000 tonnes
|   5 jiao 5 fen  |                |

  |boats or       | 1,001 tonnes to |                
|                |

  |               |    1,500 tonnes
|   6 jiao 5 fen  |                |

  |tugboats)      | 1,501 tonnes to |                
|                |

  |               |    2,000 tonnes
|   8 jiao        |                |

  |               | 2,001 tonnes to |                
|                |

  |               |    3,000 tonnes
|   9 jiao 5 fen  |                |

  |               |over 3,001 tonnes|  
1 yuan 1 jiao |                |

  |——————————————————————–|

  |Non-power-     | below 10 tonnes |   1 jiao 5 fen  |                |

  |Driven Vessels |  11 tonnes to   |                
|                |

  |(various       |     50 tonnes   |   2 jiao        |                |

  |manually-      |  51 tonnes to   |                
|                |

  |driven boats,  |    150 tonnes   |   2 jiao 5 fen  |                |

  |lighters and,  | 151 tonnes to   |                
|                |

  |junks)         |    300 tonnes   |  
3 jiao        |                |

  |               | over 301 tonnes |  
3 jiao 5 fen  |                |

  ———————————————————————-

    If a vessel paying the tonnage as stipulated under this Article applies
to make payment once every 30 days in accordance with the procedures in the
preceding Article, the tonnage shall be levied at half the rates in the above
list.

    Article 4  A foreign registered vessel or a Chinese registered vessel
chartered by a foreign firm shall submit the vessel tonnage licence and the
declaration at the Customs for examination and entry or clearance purposes
as stipulated by the Customs when it arrives at or leaves a port where there
is a Customs establishment. If the original licence has expired at the time
of entry or the tonnage has not been paid before, it shall file a declaration
at the time of entry, make the declaration at the Customs and pay the tonnage
by submitting (1) the certificate of the vessel’s registry (or the testimonial
signed and issued by the port authorities to testify that this certificates
has been kept in their custody) and (2) the certification of the vessel’s
tonnage for examination.

    Article 5  If the term of validity of the tonnage licence of the above
vessel has expired after its declaration for entry or if it sails exclusively
within the port, it shall make a declaration at the Customs, pay the tonnage
and obtain a new licence as stipulated in the preceding Article upon
expiration of the original licence. If it fails to make a declaration and pay
the tonnage within 5 days of expiration, it shall be fined according to file
stipulation in Article 14 of these Measures.

    Article 6  A foreign registered vessel specially permitted to sail to or
from a place where there is no Customs establishment shall submit the vessel
tonnage licence to the local port authorities for examination (it shall be
submitted to the local frontier public security organs or frontier forces for
examination in a place without port authorities) as stipulated in Article
4 of these Measures when it arrives at or leaves the port. At the expiration
of the original licence, it shall also make a declaration at the local tax
bureau as stipulated in Article 4 and Article 5 of these Measures and the
bureau shall collect the tonnage and issue a new licence in lieu of the
Customs according to these Measures. If it fails to make a declaration within
the time limit, it shall be fined in accordance with Article 14.

    Article 7  The payer shall pay the tonnage within 5 days (Sundays and
statutory holidays excepted) of the issue of the Notice of Tonnage Payment by
the Customs (or the tax bureau) and the Customs (or the bureau) shall issue
the vessel tonnage licence. If the time limit is exceeded, the Customs (or the
bureau) shall collect a fine for delaying payment of 1 millesimal of the
payable tonnage daily from the sixth day to the day of full payment of the
tonnage and pay it into the treasury as Customs fines.

    Article 8  In the case of a Chinese registered vessel chartered by a
foreign firm or a foreign registered vessel chartered by a Chinese public or
private enterprise, the vehicle and vessel service licence tax or the vessel
tonnage already paid shall remain valid if it has not expired at the beginning
or termination of the charter. However. the vessel shall make a declaration
at the Customs’ and pay the tonnage or make the declaration at the tax bureau
and pay the vehicle and vessel service licence tax upon its expiration on the
basis of the charter at the time.

    Article 9  The tonnage amount shall not be readjusted within the term of
validity of the tonnage licence already obtained even if the net weight of a
vessel is increased or reduced due to repairs. However, at the time of the
next payment of tonnage, an application shall be made for the adjustment of
the tonnage amount on the basis of the certificate of tonnage after its
change of weight. If the increase in weight is not disclosed and declared
with the intention of evading tonnage payment, the vessel shall be fined as
stipulated in Article 14 of these Measures.

    Article 10  In any of the following cases for a vessel which has paid
tonnage, the Customs shall annotate and comment on the extension of the term
of the licence validity according to the actual number of days after examining
the papers submitted by the port authorities:

    (1) a vessel sailing into a port in the country for asylum or repair;

    (2) a vessel under quarantine and unable to embark or disembark passengers
or cargos;

    (3) a vessel having been commandeered and chartered by the Central
Government or a local people’s government.

    Article 11  The following foreign registered vessels shall be exempt
from tonnages:

    (1) vessels for use by embassies, legations and consulates of countries
having diplomatic relations with China;

    (2) vessels with papers from the local port authorities to take asylum,
undergo repairs, suspend service or be disassembled and not to embark or
disembark passengers or cargos;

    (3) mooring pontoons, floating-bridge pontoons and floating boats used
exclusively for embarking or disembarking passengers or cargos and storing
goods;

    (4) vessels commandeered or chartered by the Central Government or local
people’s governments;

    (5) international vessels which are exempt from making declarations at
the Customs for entry as stipulated in Article 27 of the Provisional Customs
Law.(Note 1.)

    Article 12  If a charter-party goes through Customs formalities before
the vessel arrives at the port, it shall submit a written guarantee to the
Customs house to assure submission upon entry of the vessel of the tonnage
licence for examination or payment of the tonnage and application for licence
according to regulations. The term of validity of the licence shall begin on
the date of the vessel’s declaration for entry.

    Article 13  If the tonnage licence obtained by a charter-party is defaced
or lost during the term of validity, it shall make a written application to
the original licence-issuing Customs establishment (or for tax bureau) for a
copy of the tonnage licence. No further payment required.

    Article 14  All formalities shall be observed within the time limit set.
A charter-party who fails to make a declaration, pay the tonnage and obtain
the licence shall be fined not more than three times the payable tonnage
amount and the fine shall be paid into the treasury as Customs’ fines.

    Article 15  These Measures shall go into force as of the date of
promulgation.

Note:

    Note 1.  The Provisional Customs Law has been superseded by the Customs
Law of the People’s Republic of China, which was adopted at the 19th Meeting
of the Standing Committee of the Sixth National People’s Congress of the
People’s Republic of China on January 22, 1987. — The Editor.





PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION OF INTERNATIONAL SAILING VESSELS AND THE GOODS ON BOARD

REGULATIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR CONTROL OVER BAGGAGE OF PASSENGERS COMING FROM OR GOING TO HONG KONG AND MACAO

CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The National People’s Congress

Order of the President of the People’s Republic of China

No.83

The Criminal Law of the People’s Republic of China has been revised at the Second Session of the Fifth National People’s Congress
on March 14, 1997, hereby promulgate the revised edition, and shall enter into force as of October 1, 1997.

President of the People’s Republic of China: Jiang Zemin

March 14, 1997

Criminal Law of the People’s Republic of China ContentsPart 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the

Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation

of a Crime

Section 3 Joint Crimes

Section 4 Crimes committed by a unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Rendering Meritorious Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions Part 2 Specific Provisions

Chapter I Crimes of Endangering the State Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Undermining the Socialist Market Economic Order

Section 1 Crimes of Production and Sale of Fake or Substandard

Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Impairing Order of Administering upon Companies

and Enterprises

Section 4 Crimes of Undermining Order of Administering upon Banking

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Endangering Taxes Collection and Administration

Section 7 Crimes of Infringing upon Intellectual Property Rights

Section 8 Crimes of Disturbing Market Order

Chapter IV Crimes of Infringing upon the Rights of the Person and the

Democratic Rights of Citizens

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Public Order

Section 2 Crimes of Impairing Judicial Activities

Section 3 Crimes of Impairing Regulations of National Boundary

(Borderline)

Section 4 Crimes of Impairing Regulations of Cultural Relics

Section 5 Crimes of Endangering Public Health

Section 6 Crimes of Undermining Protection of Environmental Resource

Section 7 Crimes of Smuggling, Trafficking in, Transporting and

Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and

Introducing Women into Prostitution

Section 9 Crimes of Manufacturing, Trafficking in and Disseminating

Pornographic Articles

Chapter VII Crimes of Endangering Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes Contrary to Duties Committed by Servicemen

Supplementary Provisions

Part 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

Article 1

This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in
the light of the concrete experiences in fighting against crimes and the actual circumstances.

Article 2

The tasks of the Criminal Law of the People’s Republic of China are to use criminal punishments to fight against all criminal acts
in order to defend the security of the State; to defend the political power of the people’s dictatorship and socialist system; to
protect property owned by the State and the property collectively owned by the working people; to protect the citizens’ privately
owned property; to protect the citizens’ rights of the person and their democratic and other rights; to maintain public order and
economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

Article 3

Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with
the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal
act.

Article 4

Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.

Article 5

The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the
criminals.

Article 6

This Law is applicable to anyone who commits a crime within the territory of the People’s Republic of China, unless the case is covered
by special legal provisions.

This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People’s Republic of China.

If the criminal act or its consequence takes place within the territory of the People’s Republic of China, the crime shall be deemed
to have been committed within the territory of the People’s Republic of China.

Article 7

This Law is applicable to the citizens of the People’s Republic of China who commit crimes prescribed in this Law outside the territory
of the People’s Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment
of fixed-term imprisonment of not more than three years.

This Law is applicable to state functionaries and servicemen of the People’s Republic of China who commit crimes outside the territory
of the People’s Republic of China.

Article 8

This Law may be applicable to any foreigner who commits a crime outside the territory of the People’s Republic of China, against the
state of the People’s Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of
the place where it was committed.

Article 9

This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People’s Republic of
China and over which the People’s Republic of China has criminal jurisdiction within its obligation in accordance with the treaties.

Article 10

If any person commits a crime outside the territory of the People’s Republic of China for which according to this Law he would bear
criminal responsibility, he may still be dealt with according to this Law, even if he has already been tried in a foreign country.
However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated
punishment.

Article 11

The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

Article 12

If an act committed after the founding of the People’s Republic of China and before the entry into force of this Law was not deemed
a crime under the laws in force at the time, those laws shall apply. If the act was deemed a crime under the laws in force at that
time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal
responsibility shall be investigated according to those laws. However, if this Law does not deem it a crime or imposes a lighter
punishment, this Law shall apply.

The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep
their effectiveness.

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 13

A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state
and subverts the political power of the people’s dictatorship and overthrows the socialist system; disrupts social order and economic
order; violates property owned by the state or collectively owned by the working people; violates the citizens’ privately owned property
or infringes upon the citizens’ rights of the person and their democratic and other rights; and any other act that endangers society
and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a
crime.

Article 14

An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences
but who wishes or allows such consequences to occur.

Criminal responsibility shall be borne for intentional crimes.

Article 15

A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous
consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided,
the result being that these consequences do occur.

Criminal responsibility shall be borne for negligent crimes only when the law so provides.

Article 16

If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it
shall not be a crime.

Article 17

Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting
in serious bodily injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or spreading poisons, shall bear
criminal responsibility.

Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline
and educate him. When necessary, he may also be taken in by the government for reeducation.

Article 18

If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a
circumstance is confirmed by a forensic doctor, he shall not bear criminal responsibility, but his family members or guardian shall
be ordered to keep him under strict surveillance and arrange for his medical treatment. When necessary, he may also be arranged for
medical treatment under coercion by the government.

Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in
a normal mental state.

Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear
criminal responsibility, but he may be given a lighter or mitigated punishment.

Any intoxicated person who commits a crime shall bear criminal responsibility.

Article 19

Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

Article 20

Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state’s
interest or of the public interest or of his own or another person’s rights of the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be justifiable defence, and criminal responsibility shall not be borne for such
an act.

Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm;
however, a mitigated punishment or exemption from punishment shall be given.

Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping,
and other crimes seriously endangering the security of a person, and it causes bodily injury or death to the unlawful infringer,
such an act shall not be defence that exceeds the limits of necessity, and criminal responsibility shall not be borne for such an
act.

Article 21

Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger
to the state’s interest or the public interest or to his own or another person’s rights of the person or property rights or other
rights, and that causes harm.

Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes
undue harm; however, a mitigated punishment or exemption from punishment shall be given.

The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is
charged with specific responsibility in his post or profession.

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

Article 22

Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment
or be exempted from punishment.

Article 23

A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for
reasons independent of his will.

An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment.

Article 24

Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing
the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm,
a mitigated punishment shall be given.

Section 3 Joint Crimes

Article 25

A joint crime refers to an intentional crime committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal
responsibility shall be individually punished according to the crimes they have committed.

Article 26

A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a
principal role in a joint crime.

A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose
of committing a crime jointly.

A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed.

A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that
he participates in or organizes or commands.

Article 27

An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

Article 28

A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment
or be exempted from punishment.

Article 29

A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone
who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

Section 4 Crimes Committed by a Unit

Article 30

A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated
as a crime, shall bear criminal responsibility.

Article 31

A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved
in the crime shall be given a punishment. Where Specific Provisions of this Law or other laws stipulate otherwise, such stipulation
shall be applied.

Chapter III Punishments

Section 1 Types of Punishments

Article 32

Punishments are divided into principal punishments and supplementary punishments.

Article 33

The principal punishments are as follows:

(1)

public surveillance;

(2)

criminal detention;

(3)

fixed-term imprisonment;

(4)

life imprisonment; and

(5)

the death penalty.

Article 34

The supplementary punishments are as follows:

(1)

fines;

(2)

deprivation of political rights; and

(3)

confiscation of property.

Supplementary punishments may be imposed independently.

Article 35

Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

Article 36

If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction
according to law, be sentenced to make compensation for the economic losses in the light of the circumstances.

If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is
punished with confiscation of property, he shall first bear responsibility of civil compensation to the victim.

Article 37

If the circumstances of a person’s crime are minor and do not require punishment, he may be exempted from criminal sanctions; however,
he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer
an apology, pay compensation for the losses or be subject to administrative punishment or administrative sanctions by the competent
department.

Section 2 Public Surveillance(*1)

Article 38

The term of public surveillance shall not be less than three months and not more than two years.

Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ.

Article 39

A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being
executed:

(1)

observe laws and administrative regulations, submit to supervision;

(2)

forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration
without approval of the public organ;

(3)

report on his own activities according to the demand of the organ executing the public surveillance;

(4)

observe the stipulation on meeting with guests by the organ executing the public surveillance; and

(5)

report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or change
in residence.

Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

Article 40

Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance
to the criminal sentenced to public surveillance and to his unit or the masses of the place of his residence.

Article 41

A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day spent in custody shall be considered as two days of the term sentenced.

Section 3 Criminal Detention

Article 42

A term of criminal detention shall not be less than 1 months and not more than 6 months.

Article 43

Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.

During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labour.

Article 44

A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45

A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69 , shall not be less than 6 months and
not more than 15 years.

Article 46

A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution.
Anyone who is able to work shall participate in labour, and accepts education and reform.

Article 47

A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 5 The Death Penalty

Article 48

The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal
punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition
of the death sentence.

All death sentences except for those that according to law should be decided by the Supreme People’s Court, shall be submitted to
the Supreme People’s Court for approval. Death sentences with a suspension of execution may be decided or approved by a higher people’s
court.

Article 49

The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women
who are pregnant at the time of trial.

Article 50

If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension,
his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he performs great meritorious
service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the
expiration of that two-year period; if it is verified that be has committed an intentional crime, the death penalty shall be executed
upon the approval of the Supreme People’s Court.

Article 51

The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term
imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date of expiration of the
term of suspension of execution of a death.

Section 6 Fines

Article 52

The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53

A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the
expiration of that time limit, the payment shall be compelled. If a person is unable to pay all the fine, a people’s court shall,
when it finds that the person subjected to execution has any other property, pursue the payment at any time. If a person has true
difficulties in paying because of an unavoidable disaster, the fine may be reduced or remitted according to the circumstances.

Section 7 Deprivation of Political Rights

Article 54

Deprivation of political rights refers to deprivation of the following rights:

(1)

the right to vote and to stand for election;

(2)

the rights of freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;

(3)

the right to hold a position in a state organ; and

(4)

the right to hold a leading position in any state-owned company or enterprise, institution or people’s organization.

Article 55

A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article
57 of this Law.

If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation
of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

Article 56

Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary
punishment; Criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other
crimes which seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment.

If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied.

Article 57

Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life.

If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to
a fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less
than three years and not more than ten years.

Article 58

A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal
detention ends or from the date on which parole begins. Deprivation of political rights shall of course be in effect during the period
in which the principal punishment is being executed.

Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations
on supervision and administration promulgated by the Department of Public Security under the State Council, submit to supervision;
and shall not exercise the rights of freedom stipulated in Article 54 of this Law.

Section 8 Confiscation of Property

Article 59

Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. When all of the
property of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.

When a sentence of confiscation of property is imposed, property that the criminal’s family members own or should own shall not be
subject to confiscation.

Article 60

If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated,
such debts shall be paid at the request of the creditors.

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 61

When sentencing a criminal, a punishment shall be imposed based on the facts, nature and circumstances of the crime, the degree of
harm done to society and the relevant provisions of this Law.

Article 62

In cases where the circumstances of a crime call for a heavier or a lighter punishment under the provisions of this Law, the criminal
shall be sentenced to a punishment within the limits of the prescribed punishment.

Article 63

In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be
sentenced to a punishment less than the prescribed punishment.

Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon
approval of the Supreme People’s Court, be sentenced to a punishment less than the prescribed punishment according to the special
particulars of the case.

Article 64

All property illegally obtained by a criminal shall be recovered, or compensation shall be ordered. Legal property of the victim shall
be returned. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The property confiscated
and fine shall be turned over to the State Treasury, and shall not be misappropriated or disposed without authorization.

Section 2 Recidivists

Article 65

If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence
of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However,
this shall not apply to cases of negligent crime.

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 66

A criminal who has committed a crime of endangering the state’s security at any time after serving his sentence or receiving a pardon
shall, if he commits another crime of endangering the state’s security, be dealt with as a recidivist.

Section 3 Voluntary Surrender and Rendering Meritorious Service

Article 67

Voluntary Surrender refers to the case that anyone who voluntarily surrenders himself to a judicial organ after committing a crime,
and truthfully confesses his crime. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those
whose crimes are relatively minor may be exempted from punishment.

If a suspected criminal or defendant under compulsory measure or criminal who serves a sentence truthfully confesses his other crimes
that is unknown to a judicial organ, he shall be dealt with as voluntary surrender.

Article 68

A criminal who is verified that he discloses another person’s crime, or provides key clues that lead to solve another case or renders
other meritorious service may be given a lighter or mitigated punishment. Those who renders great meritorious service may be given
a mitigated punishment or be exempted from punishment.

Those who not only conducts voluntary surrender but also renders great meritorious service shall be given a lighter punishment or
be exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 69

For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his
term of punishment shall be decided in such a way that it may not exceed the total of the terms for all the crimes and must be longer
than the maximum term for any one of the crimes, depending on the circumstances of each case. However, the term of public surveillance
may not exceed three years, the term of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed twenty
years.

If among the crimes there are any for which a supplementary punishment is imposed, the supplementary punishment must still be executed.

Article 70

If after a judgment has been pronounced but before the punishment has been completely executed it is discovered that b

PROVISIONS FOR LABOR MANAGEMENT IN CHINESE-FOREIGN JOINT VENTURES

Provisions of the PRC for Labor Management in Chinese-Foreign Joint Ventures

    

(Promulgated by the State Council on and Effective as of July 26, 1980)

   Article 1. The labor management problems of Chinese-foreign joint ventures ( hereafter referred to as “joint ventures”) shall all be handled
in accordance with these Provisions, except for the those governed by the provisions of Article 6, Paragraph 2 of the Law of the
People’s Republic of China on Chinese-Foreign Joint Ventures.

   Article 2. The employment, dismissal and resignation of the staff and workers of joint ventures, and their production and work tasks, wages
and awards and punishments, work schedules and holidays and paid leaves of absence, labor insurance and welfare benefits, labor protection,
labor discipline and other matters shall be prescribed through the signing of labor contracts.

A labor contract shall be signed collectively by the joint venture and the venture’s union organization; a relatively small joint
venture may sign contracts with staff and workers on an individual basis.

After a labor contract is signed, it must be submitted to the labor management department of the people’s government of the relevant
province, autonomous region or municipality directly under the central authority for approval.

   Article 3. The staff and workers of a joint venture, whether recommended by the local department in charge of the venture or the local labor
management department, or recruited by the joint venture itself with consent of the labor management department, must all be tested
by the joint venture and selected for employment on the basis of their qualifications.

Joint ventures may establish skilled worker’s schools and training courses for the training of managerial personnel and skilled workers.

   Article 4. A joint venture may dismiss staff and workers who become superfluous as a result of changes in production and technical conditions
if, after training, they cannot meet its requirements and they are not suitable for transfer to other work; but the venture must
give them compensation in accordance with provisions of the labor contract.

The dismissed staff and workers shall be assigned other work by the department in charge of the venture or by the labor management
department.

   Article 5. A joint venture may, in accordance with the seriousness of the case, impose necessary sanctions against staff and workers who violate
the rules and regulations of the venture and thereby cause certain bad consequences. The sanction of discharge must be reported to
the department in charge of the venture and the labor management department for approval.

   Article 6. If the trade union considers the joint venture’s dismissal of or imposition of sanctions against staff and workers to be unreasonable,
it has the right to raise an objection and to send representatives to resolve the matter through consultation with the board of directors;
if the matter cannot be resolved through consultation, it shall be handled in accordance with the procedures set forth in Articles
14 of these Provisions.

   Article 7. When, because of special circumstances, staff and workers of a joint ventures, in accordance with the provisions of the labor contract,
submit their resignations to the venture through their trade union, the venture shall give its consent.

   Article 8. The wage levels of the staff and workers of joint ventures shall be fixed at 120 to 150 per cent of the real wages of the staff and
workers of state enterprises in the locality in the same line of business.

   Article 9. The system of wage standards, types of wages, bonuses, subsidies, etc. for staff and workers of a joint venture shall be discussed
and decided by the board of directors.

   Article 10 The bonus and welfare fund for staff and workers that is established by a joint venture from its profits must be used for bonuses
and the collective welfare of the staff and workers, and may not be misappropriated.

   Article 11. A joint venture must pay the labor insurance and medical expenses of the Chinese staff and workers, as well as the various government
subsidies for staff and workers, in accordance with the standards for state enterprises.

   Article 12. Matters such as the employment, dismissal, resignation, pay, welfare and social insurance of foreign staff and workers of a joint
venture shall be provided for in the employment contract.

   Article 13. Joint ventures must implement the rules and regulations of the Chinese Government concerning labor protection and ensure safety in
production and civilized production, and the labor management department of the Chinese Government has the right to carry out supervision
and inspection.

   Article 14. Labor disputes that occur in a joint venture shall first of all be resolved through consultation between the two disputing parties;
if consultation cannot resolve the matter, one or both parties to the dispute may request arbitration by the labor management department
of the people’s government of the province, autonomous region or municipality directly under the central authority where the joint
venture is located; if one party does not accept the arbitration award, it may file a suit in the people’s courts.

   Article 15. The right to interpret these Provisions resides in the State General Labor Bureau of the People’s Republic of China.

   Article 16. These Provisions shall go into effect on the day of their promulgation.

(The English translations are for reference only)

    





DETAILED RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING JOINT VENTURES WITH CHINESE AND FOREIGN INVESTMENT

MEASURES FOR THE CONTROL OF FIREARMS

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-04-25 Effective Date  1981-04-25  


Measures of the People’s Republic of China for the Control of Firearms


Carrying and Allocation of Firearms
Manufacture and Purchase of Firearms
Control of Firearms
Control of Firearms of Foreigners
Penalties
Miscellaneous

(Approved by the State Council on January 5, 1981, and promulgated by the

Ministry of Public Security on April 25, 1981)

    Article 1  These Measures are formulated to maintain public order, to
safeguard public security, and to prevent criminals from using firearms to
commit sabotage.

    Article 2  The term firearms (including the ammunition used with these
firearms), as mentioned in these Measures, refers to the following firearms
which belong to the non-military system: pistols, rifles, and submachine guns
and machine guns for military use; various firearms for target shooting
sports; rifles, shot-gun, and powder-gun for hunting; injection-gun for
applying anaesthesia on animals; and air-guns for discharging pellets.

    The military firearms used for fitting out the People’s Liberation Army,
the militia and the People’s Armed Police Force shall be controlled in
accordance with the pertinent provisions of the army and militia system.
Carrying and Allocation of Firearms

    Article 3  The following personnel may carry firearms:

    (1) personnel working in the people’s courts, the people’s procuratorates,
and the public security organs who are required to carry firearms for
discharging their duties;

    (2) party and government leading cadres working in the border areas,
coastal defence areas, and other remote areas who have the necessity, as
deemed by the people’s governments of the provinces and autonomous regions, to
carry firearms:

    (3) confidential couriers working in the Party and government departments
at or above the provincial level, and confidential messengers working in the
county or municipal Party and govenment departments in the border areas or in
post and telecommunications departments who have the necessity to carry
firearms;

    (4) personnel working in the Customs who are required to carry firearms to
discharge their duties;

    (5) guards and transport escorts working in war industries.

    Article 4  Firearms for official use may be allocated to the following
units:

    (1) the security sections of factories and mines, enterprises, government
departments, schools and universities, research institutions, that have the
necessity to be fitted out with firearms;

    (2) important financial and banking units and important warehouses, radio
stations, and research institutions which are located in remote area without
armed guards that have the necessity to be fitted out with firearms;

    (3) geological prospecting teams and survey and drawing teams that work in
remote areas or at sea, that have the necessity to be fitted out with
firearms;

    (4) coastal and ocean-going passenger-liners, freighters and oil tankers
and other operation vessels operating on the sea;

    (5) civil airports and civil air-liners that have the necessity to be
fitted out with firearms.

    Article 5  Sports guns may be allocated to sports committees at or above
the county level that promote target-shooting sports.

    Article 6  Personnel and units engaged in hunting as their specialized
line of production may carry or be allocated with hunting rifles. As regards
the non-professional hunting personnel, only citizens aged eighteen or over
may keep hunting rifles, and each can keep no more than two hunting rifles.

    Article 7  Injection-guns may be allocated to such units as hunting
production units, scientific research and teaching units, wild animal breeding
and livestock farms, and veterinary hospitals that have the necessity to apply
anaesthesia on animals.

    Article 8  Film studios, in order to meet the needs of film production,
may purchase old and obsolete firearms as stage properties. With the exception
of just a small number of firearms used for creating special stage effects,
all firearms must undergo technical treatment so that they can no longer be
used for discharging live ammunition.
Manufacture and Purchase of Firearms

    Article 9  Various kinds of firearms shall be manufactured and repaired by
factories designated by the State only; no units and individuals may
manufacture, repair or assemble firearms without authorization.

    Article 10  For the purchase of military firearms, the purchasing units
shall submit to the local public security organs a report listing such details
as the categories of firearms to be purchased, their quantities, uses, and
scope of carrying and allocation. After obtaining the approval, they shall
apply to the department designated by the State for appropriations.

    The purchase of various categories of firearms for target-shooting sports
shall be approved by the sports committee at a higher level and have the
consent of and the purchase permit granted by the county or municipal bureau
of public security at the place where the purchasing units are located: only
with the purchase permit may a purchasing unit make purchases of firearms at
the department designated by the State.

    The purchase of hunting rifles and injection-guns shall be approved by the
competent forestry department at the county level or higher and have the
consent of and the purchase permit granted by the public security organ; only
with the purchase permit, may a purchasing unit make purchases at the
department designated by the State. The distributors of hunting rifles shall
go through the procedures of registration at the public security organ at the
county or municipal level or higher.

    With the exception of the units designated by the State or approved by the
competent department, no units or individuals may sell or purchase firearms
and ammunition.
Control of Firearms

    Article 11  The firearm-carrying personnel shall obtain the consent of the
person in charge of their unit, and have the approval of the competent
department at the county level or higher. The firearm-equipped unit shall
obtain the approval of the people’s government at the county level or higher.

    Without permission through legal procedures, no units or individuals may
keep firearms and ammunition privately. Firearms and ammunition kept without
permission shall be handed over to the local public security organ, and shall
not be disposed of privately.

    Article 12  Firearm-carrying personnel and firearm-equipped units shall
apply to the local county or municipal bureau of public security for firearm
licenses, which shall be granted after examination and approval.

    Firearm-carrying personnel, when going out with their firearms, shall
carry them with firearm licenses for examination. Personnel carrying firearms
for official use and who perform duties in places other than their own county
or municipality must apply to the local county or municipal bureau of public
security for firearm-carrying pass.

    Article 13  Firearms which bear historic significance kept on display in
exhibition halls, museums, etc., shall be registered at the local county or
municipal bureau of public security, and shall not be used for other purposes.

    Article 14  It is strictly prohibited to fire shots at will in cities,
towns, residential areas, scenic spots, airports, along communication lines,
or in any other places where shot-firing is prohibited according to
regulations. It is prohibited to fire shots and hunt in non-hunting areas.

    Article 15  In some particular areas or places where firearms are banned,
firearm-carrying personnel shall leave the firearms they carry with the public
security organ or a designated unit for safe-keeping, and have them given back
when leaving.

    Article 16  All categories of firearms shall be kept properly and safe.
Firearms kept collectively shall be well taken care of by persons specially
designated for the job; special warehouses (or cabinets) shall be used for
keeping the firearms, and firearms and ammunition shall be kept separately;
strict measures shall be taken against loss, theft or other accidents.

    In case that firearms are lost or stolen, it must be reported immediately
to the public security organ, and the scene of the incident shall be kept
intact.

    Article 17  Firearm-equipped units and firearm-carrying personnel are not
permitted, without official approval, to lend out their firearms and
ammunition or give them to others as gifts. In the event that a
firearm-equipped unit has been disbanded or a firearm-carrying person been
transferred to a new unit, the unit or the person shall return the firearms to
the original firearm-allocating unit, and return the firearm licence(s) to the
original licence-issuing public security organ for cancellation.

    Persons who hold hunting rifles shall, upon moving away from the county or
city of their original residence, return for cancellation their firearm
licences to the original licence-issuing public security organ and obtain
firearm-transport passes. On their arrival at their destinations, they shall
present the firearm-transport passes to the local security organ and go
through the procedures for obtaining new firearm licences.

    Article 18  To transport firearms and ammunition, it is imperative to
apply to the county or municipal bureau of public security stationed at the
destination of transportation for a transport pass. Upon arrival at the
destination, the applicant shall present the transport pass to the local
public security organ and go through the procedures for registration or for
obtaining a new firearm licence.

    Article 19  To carry hunting rifles into the country from abroad, it is
imperative to obtain, in advance, the approval of the county or municipal
bureau of public security stationed in the locality of the applicant’s
residence. Upon entering the country, the applicant shall declare at the
Customs, and a carrying-transport permit shall be issued after examination and
approval by the border inspection office. Upon arrival at the destination, the
applicant shall go through the procedures for obtaining a firearm licence by
presenting the carrying-transport permit.

    To carry hunting rifles out of the country, it is imperative to return for
cancellation the firearm licence to the original licence-issuing public
security organ for a carrying-transport permit. On exit, the applicant shall
declare at the Customs, and surrender the carrying-transport permit to the
local border inspection office.

    Article 20  Firearms that have fallen into disuse shall be registered by
the firearm-holding units in detailed lists, which shall be submitted for
approval to the competent departments of the province, autonomous region, or
municipality directly under the Central Government, and, then, again to the
local county or municipal bureau of public security for examination; after
that, the disused firearms shall undergo a treatment of disfigurement before
they are sent, under the supervision of the unit in charge of the destruction,
to a smeltery designated by the public security department (bureau) of the
province, autonomous region, or municipality directly under the Central
Government for melting down and complete destruction.

    Article 21  Air guns that discharge metal pellets shall be controlled in
accordance with the provisions concerning the control of sports guns, when
used by sports departments in target-shooting sports, and in accordance with
the provisions concerning the control of hunting rifles when used for hunting
by hunting units. Privately purchased and held pellet-discharging air guns are
also required to go through registration procedures and to be placed under
control; and the control measures shall be formulated by the public security
department (bureau) of the province, autonomous region, or municipality
directly under the Central Government.

    Artilce 22  Firearm licences, firearm-carrying passes, purchase permits
for sports guns, hunting rifles and injection-guns, transport passes for
firearms and ammunition, and carrying-transport permits shall all be devised
solely by the Ministry of Public Security, be printed solely by the public
security department (bureau) of the province, autonomous region, or
municipality directly under the Central Government, and be signed and issued
by the county or municipal bureau of public security.

    Article 23  The public security organs at various levels shall exercise
supervision over such affairs as the carrying, use, safe-keeping, and changes
of firearms in the non-military departments of their locality, and carry out
inspection at regular intervals.
Control of Firearms of Foreigners

    Article 24  Foreign diplomatic missions and consular posts in China, and
their personnel, that are to carry firearms into China shall apply in advance
to the Ministry of Foreign Affairs of the People’s Republic of China; after
obtaining the consent, they shall declare at the Customs on entering the
country and then be issued the carrying-transport permits by the border
inspection office after examination. Upon arrival at the destination, the
applicants shall report to the local municipal bureau of public security, and
go through the registration procedures for their firearms.

    No firearms belonging to foreign diplomatic missions and consular posts in
China and to their personnel, with the exception of their shotguns which may
be used in hunting grounds, shall be carried out of the confines of the
aforesaid missions and posts.

    Foreign diplomatic missions and consular posts in China and their
personnel that are to carry their firearms out of China shall send a note to
the Ministry of Foreign Affairs of the People’s Republic of China, and make an
application to the municipal bureau of public security at the locality of
their residences for registration cancellation and for the issuance of
carrying-transport permits. On exit, they shall declare at the Customs, and
submit the carrying-transport permit to the local border inspection office.

    Article 25  Members of foreign political party, government, military or
parliamentary delegations and their guards that are to carry firearms into
China shall obtain in advance the consent from the Ministry of Foreign Affairs
of the People’s Republic of China or from the host units, which shall notify
the border inspection office and submit a report to the Ministry of Public
Security for the record.

    Article 26  Foreign sports teams that come to China to take part in a
shooting tournament with their sports rifles and pistols shall obtain in
advance the approval by the Physical Culture and Sports Commission of the
People’s Republic of China. On entering the country, they shall declare at the
Customs, and then the border inspection office shall issue them the
carrying-transport permits after examination. On arrival at the locality of
the tournament, they shall go through the registration procedures for the
record at the local county or municipal bureau of public security, and cancel
the registration before leaving. Foreign sports teams that travel via China
shall obtain in advance the approval of the Physical Culture and Sports
Commission of the People’s Republic of China, which shall notify the border
inspection authorities, and the inspection office at the entry point shall put
paper slip seals on the firearms and permit them to pass through the country.

    Article 27  Firearms and ammunition on board foreign civil air-liners or
vessels registered in foreign countries, shall be sealed up by the border
inspection office when the air-liners and vessels enter a port of China, and
unsealed when the air-liners and vessels leave the country.

    Article 28  Apart from those who come to China as stipulated in Articles
24, 25 and 26 of these Measures, no foreigners are permitted to carry firearms
and ammunition into the territory, unless approved by the competent
departments of the People’s Republic of China and by the public security
department (bureau) of the province, autonomous region, and municipality
directly under the Central Government at the places of their destination.
Those who carry firearms and ammunition with them must, on entering the
territory, declare at the Customs, and the border inspection office shall
temporarily seal up the firearms and ammunition for safe-keeing at the entry
port, and give them back when the owners leave the country; or the firearms
and ammunition shall be re-transported out of the territory by the original
carriers. Those who have obtained the approval to carry firearms and
ammunition into or out of the territory shall go through the procedures in
accordance with the stipulations of Article 19 of these Measures. Those in
transit shall declare at the Customs, and the border inspection office shall
seal the firearms up after examination, and permit them to pass through the
country. Those who fail to declare at the Customs shall be dealt with, without
exception, as cases of illegal transport of firearms and ammunition.

    Article 29  Foreigners who wish to buy hunting rifles in China, shall
obtain the approval of and certificates from the foreign affairs office of the
province, autonomous region or municipality directly under the Central
Government, or the host unit. They shall then apply to the local county and
municipal bureau of public security for purchase permits and make their
purchases at designated stores after approval.
Penalties

    Article 30  The chief person-in-charge and the direct offender, who are
held responsible for the violation of these Measures, shall receive penalties
ranging from disciplinary sanction, punishment in accordance with the
regulations on the maintenance of public order, to an investigation by the
judicial organ of the criminal responsibilities of the offender, depending on
the seriousness of the case.
Miscellaneous

    Article 31  People’s governments of various provinces, autonomous regions
and municipalities directly under the Central Government and the various
ministries and commissions under the State Council may, in accordance with
these Measures, formulate specific provisions for the control of firearms, and
report thereon to the Ministry of Public Security for the record.

    Article 32  These Measures shall go into effect after the approval by the
State Council and the promulgation by the Ministry of Public Security. The
Interim Measures Concerning the Control of Firearms, approved by the
Government Administration Council and promulgated by the Ministry of Public
Security on June 27, 1951, shall be abrogated at the same time.





RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OF APPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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