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PROVISIONAL REGULATIONS ON THE ADMINISTRATION OF QUALIFICATIONS OF DOMESTIC AND OVERSEAS SECURITIES INSTITUTIONS DEALING IN SHARES FOR THE PURCHASE OF OVERSEAS INVESTORS

Provisional Regulations on the Administration of Qualifications of Domestic and Overseas Securities Institutions Dealing in Shares
for the Purchase of Overseas Investors

     (Effective Date:1996.12.01–Ineffective Date:)

CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO CONDITIONS FOR DEALING IN SHARES FOR OVERSEAS INVESTORS CHAPTER THREE APPLICATION AND MAINTENANCE
OF QUALIFICATIONS CHAPTER FOUR PUNISHMENT CHAPTER FIVE APPENDIX

   Article 1 This set of regulations is formulated with a view to standardizing the operation of domestic and overseas securities institutions
in terms of shares specially for purchase by overseas investors (hereinafter referred to as shares for overseas investors) and protecting
the legal rights and interests of investors of such shares in accordance with relevant State laws and regulations.

   Article 2 For dealing with shares for overseas investors, the domestic and overseas securities institutions should, in line with this set of
regulations, acquire “The Qualifications Certificate in Dealing in Shares for Overseas Investors” (hereinafter referred to as the
QC) issued by the China Securities Regulatory Commission (hereinafter referred to as CSRC).

The shares for overseas investors referred to in the preceding clause include the shares listed both domestically and overseas specially
for puschases by overseas investors.

   Article 3 The domestic securities institutions referred to in this set of regulations are the securities firms and trust and investment companies
that are registered within Chinese territory and may deal in securities business with the approval of the competent departments according
to law and have the qualifications of an independent legal person.

The securities institutions referred to in this set of regulations are the securities firms referred to in the preceding clause and
the concurrent securities institutions referred to in this set of regulations are the trust and investment companies referred to
in the preceding clause.

   Article 4 The overseas securities institutions referred to in this set of regulations are the investment banks, securities firms and other
financial institutions that are registered outside of the Chinese territory and that may deal in securities business according to
the law of their localities and have the qualifications of an independent legal person.

CHAPTER TWO CONDITIONS FOR DEALING IN SHARES FOR OVERSEAS INVESTORS

   Article 5 Domestic securities institutions which apply for the qualifications of being stock brokerage for overseas investors should have the
following conditions:

(1) Securities institutions should have a total net assets of no less than RMB50 million while trust and investment companies should
have an operation fund of no less than RMB50 million;

(2) They have been authorized by the State Administrations of Foreign Exchange (SAFE) to engage in foreign exchange business;

(3) They must have sufficient facilities such as communications, trading sites, and equipment to guarantee the normal operation of
the overseas related stock business;

(4) They must have at least five special personnel of overseas stock trading;

(5) They must abide by relevant State laws and regulations and have not been revoked of their qualifications certificates in the recent
two years;

(6) Concurrent securities institutions must have separated the operation and account of the stock trading with that of other business
operations; and

(7) They should have conditions as required by CSRC.

   Article 6 Overseas securities institutions which apply for qualification of being brokerage for overseas investors in trading of stocks through
signing agency agreement with domestic securities institutions or other ways as stipulated by the stock exchange should have the
following conditions:

(1) They are qualified to deal in stock brokerage business according to the laws of their localities;

(2) They are under effective supervision of the local securities supervision departments;

(3) They must have a net total assets of equivalent to no less than RMB50 million, or are qualified to provide guarantee according
to overseas laws and have the guarantee issued by an organ authorized by CSRC;

(4) They should have the experience of trading in international stock business for more than two years;

(5) Their financial indicators in the recent two years accord with the requirements for risk control set by local CSRCs;

(6) They are accommodated with extensive gridpoints for business;

(7) Executive directors and other senior management personnel should have more than five years’ experience in stock trading in addition
to good profession ethics;

(8) They have not received any punishment by overseas securities supervision and regulatory agencies because of serious violations
of relevant laws or regulations in recent two years;

(9) They abide by relevant laws and regulations of the People’s Republic of China;

(10) They have at least two specialists who are familiar with China’s securities market and relevant policies and laws; and

(11) Other conditions as required by CSRC.

   Article 7 Domestic securities institutions which apply for underwriting of stocks for overseas investors should have the following conditions:

(1) Securities institutions must have a net total assets of no less than RMB80 million, and concurrent securities institutions must
have an operation fund of no less than RMB80 million;

(2) They have already acquired the qualifications for stock underwriting according to “The Regulations on the Management of Stock
Underwriting by Securities Institutions”;

(3) They have been authorized by the State Administrations of Foreign Exchange (SAFE) to do foreign exchange business;

(4) They must have sufficient facilities, such as communications, business sites and equipment to guarantee the normal operations
of overseas stock business;

(5) They must have at least 10 personnel who have the experience of securities underwriting, including at least one who is familiar
with each of the following: international financial business, accounting and corresponding laws;

(6) They must have at least one year of experience in securities underwriting or joining in the underwriting of at least one stock;
and

(7) Other conditions as required by CSRC.

   Article 8 Domestic securities institutions which apply to be chief underwriters of stocks for overseas investors or coordinators of domestic
affairs should have the following conditions apart from those set in the preceding article:

(1) Securities institutions must have a net total assets of no less than RMB 120 million, and the concurrent securities institutions
must have an operation fund of no less than RMB 120 million;

(2) They have acquired the qualifications for a chief underwriter according to “The Regulations on the Management of Stock Underwriting
by Securities Institutions”;

(3) They should have at least 20 specialists with underwriting experience, including at least two who are familiar with each of the
following: international financial business, accounting and corresponding laws;

(4) They should have the experiences of taking part in the underwriting of stocks for overseas investors; and

(5) Other conditions as required by CSRC.

   Article 9 Overseas securities institutions which act as the chief underwriters and assistant chief underwriters of domestic B-shares for overseas
investors and act as co-ordinators of international affairs should have the following conditions apart from the conditions set in
Article 6 of this set of regulations:

(1) They are qualified to engage in stock underwriting business according to their local laws;

(2) Their net total assets are of no less than an equivalent of RMB 120 million or, according to overseas laws, they may provide guarantee
and have guarantee provided by organs authorized by CSRC;

(3) They have not suspended their stock underwriting at the international market in the recent two years before they file their applications;

(4) They have at least three specialists who are familiar with China’s securities market and relevant policies and laws; and

(5) Other conditions as required by CSRC.

   Article 10 When an overseas securities institution acts as the chief underwriter of stocks for overseas investors listed overseas, it may appoint
a domestic securities institution as its coordinator of the domestic affairs.

CHAPTER THREE APPLICATION AND MAINTENANCE OF QUALIFICATIONS

   Article 11 In applying for a qualifications certificate, a domestic securities institution should submit the following documents to CSRC:

(1) “Application Form for Qualifications for Dealing in Shares for Overseas Investors” printed by CSRC;

(2) “Monetary Business License (duplicate)” issued by competent department for approving the establishment of organs, and “Foreign
Exchange Business License (duplicate)” issued by the State Administrations of Foreign Exchange;

(3) “Business License for Enterprise Legal Person (duplicate)” issued by administrations for industry and commerce;

(4) Articles of Association of the company checked and approved by competent departments for approving the establishment of organs;

(5) Balance sheets, profit and loss statements and statements of changes in financial position in the recent two years as audited
by a certified accountants’ firm qualified for trading stocks;

(6) “Qualifications Certificate for Securities Business” or resumes and profession certificates of the legal representative, leading
responsible person and main business employees;

(7) Statements about condition of securities business in the recent two years; and

(8) Other documents as required by CSRC.

   Article 12 In applying for a qualifications certificate, an overseas securities institution should submit the following documents to CSRC:

(1) “Application Form for Qualifications for Dealing in Shares for Overseas Investors” printed by CSRC;

(2) Business license issued by their local securities regulatory departments;

(3) Articles of association of the company;

(4) Academic credentials, qualifications certificates and other professional certificates of senior managerial personnel and main
employees;

(5) Capital certificates provided by certified accountants;

(6) Financial statements in the recent two years as audited by certified accountants;

(7) Briefings on the underwriting in the recent two years;

(8) Statements about condition of securities business of the company in China; and

(9) Other documents as required by CSRC.

CSRC may ask overseas securities institutions hand in relevant certificates provided by their local securities regulatory departments
if necessary.

   Article 13 CSRC undertakes to examine all the application documents in line with this set of regulations after it receives all the required
documents. A qualifications certificate shall be issued by CSRC if the documents submitted are found in accordance with the conditions
set by this set of regulations, otherwise a certificate shall not be issued and applications of the same institution shall not be
handled within six months of the first application.

   Article 14 A qualifications certificate is valid for two years beginning from the date of issuance by CSRC and becomes invalid automatically
afterwards. If the securities institutions need to maintain their qualifications to deal in shares for overseas investors, they should
send their applications to CSRC within three months before the qualifications certificate becomes invalid along with the recent two
years’ financial reports, statements of their business conditions and other documents as required by CSRC, and the certificate concerned
shall be extended should all documents pass the examinations.

   Article 15 Domestic and overseas securities institutions which have obtained qualifications certificates must deal in relevant business in line
with what is set in the certificates concerned, institutions which have not obtained the qualifications certificates or their qualifications
certificates have become invalid must not deal in the shares for overseas investors as set in this set of regulations.

   Article 16 Domestic and overseas securities institutions which have obtained the qualifications certificates should submit a report to the CSRC
on the underwriting and brokerage for overseas investors in the preceding year before January 31 of every year.

Overseas securities institutions which engage in underwriting for overseas listed shares for overseas investors should send CSRC a
business report at the end of every underwriting business within 30 days.

   Article 17 Domestic and overseas securities institutions which deal in shares for overseas investors should keep the original bills, vouchers,
trading records and relevant business documents, account books, report forms and other necessary materials for at least seven years.

   Article 18 The CSRC may have regular or irregular examinations of the stock trading for overseas investors of the domestic and overseas securities
institutions, and may ask them for relevant business documents and materials whenever it deems necessary.

   Article 19 In one of the following cases, domestic and overseas securities institutions shall be imposed one or several of the punishments such
as warnings, confiscations of their illegal proceeds, fines, suspension of the stock trading for overseas investors for six months
or a year, and revoking of their qualifications certificates in accordance with the seriousness of the case; fines may be imposed
in line with “The Regulations on the Management of Stock Underwriting by Securities Institutions”:

(1) They obtained the qualifications certificates by cheating or other improper means;

(2) They keep on deals in shares for overseas investors or do so in a disguised way before they obtain the qualifications certificates
or after their qualifications certificates have become invalid;

(3) They fail to report their stock trading business for overseas investors according to regulations;

(4) They refuse or do not cooperate with CSRC’s examinations; and

(5) They have done other actions that violate relevant State laws and this set of regulations.

CHAPTER FIVE APPENDIX

   Article 20 Domestic securities institutions which are engaged in stock underwriting for overseas investors should also abide by the relevant
stipulations in “The Regulations on the Management of Stock Underwriting by Securities Institutions” apart from this set of regulations.

   Article 21 The CSRC is enpost_titled to interpret this set of regulations.

   Article 22 This set of regulations go into effect as of December 1, 1996.

    





REGULATIONS OF BEIJING MUNICIPAL GOVERNMENT ON ADMINISTRATION OF EMPLOYMENT OF CHINESE CITIZENS BY RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

Regulations of Beijing Municipal Government on Administration of Employment of Chinese Citizens by Resident Representative Offices
of Foreign Enterprises

     (Effective Date:1996.06.15–Ineffective Date:)

   Article 1 This set of regulations has been formulated in accordance with related provisions of the State and the actual situation of this municipality
to protect the legitimate rights and interests of the resident representative offices of foreign enterprises and their Chinese employees,
safeguard the normal order of the work of foreign services and promote the smooth progress of opening-up of the municipality to the
outside world.

   Article 2 This set of regulations is applicable to the following entities and individuals within the area under the jurisdiction of this municipality:

1 resident representative offices of foreign enterprises that employ Chinese citizens;

2 Chinese citizens who apply for a job or accept employment (including as a chief representative or representative) in resident representative
offices of foreign enterprises in respect of business cooperation, training and exchange (referred to hereinafter as Chinese employees);

3 foreign services entities have been approved by related departments of the State to provide Chinese employees to resident representative
offices of foreign enterprises (referred to hereinafter as foreign services entities).

   Article 3 The foreign affairs office of the municipal government is responsible for the direct administration of the foreign services within
the municipality.

The Municipal Foreign Economic Coop and Trade Commission, the Municipal Administration of Industry and Commerce, the Municipal Personnel
Bureau, the Municipal Labour Bureau, the Municipal Public Security Bureau, the municipality’s State and local taxation bureaus and
other administrative departments shall, in accordance to their respective responsibilities, supervise and administer the work of
foreign services within the municipality according to law.

   Article 4 Foreign services entities, with the approval from related State departments, may engage in operations in related to provision of
Chinese employees to resident representative offices of foreign enterprises within the area under jurisdiction of the municipality.
Without approval, no entities or individuals are allowed to engage in operations in related to provision of Chinese employees to
resident representative offices of foreign enterprises.

   Article 5 Employment of Chinese citizens by resident representative offices of foreign enterprises should be made through a foreign services
entity but not through the offices themselves or other unauthorized entities or individuals.

   Article 6 Application for a job or acceptation of employment by Chinese citizens in resident representative offices of foreign enterprises
should be made through foreign services entities but not through the citizens themselves or other unauthorized entities or individuals.

   Article 7 The Chinese employees provided by the foreign services entities to resident representative offices of foreign enterprises should
meet the following requirements:

1 having registered as a permanent resident or having acquired a Temporary Residence Certificate issued by the public security organs
of this municipality;

2 being in compliance with provisions of other related laws and regulations.

   Article 8 The foreign services entities shall, in accordance with Labour Law of the People’s Republic of China, sign labour contracts with
Chinese employees and pay social insurance for the Chinese employees according to law.

Labour disputes occurred between foreign services entities and Chinese employees shall be handled in accordance with the provisions
of Labour Law of the People’s Republic of China.

   Article 9 Foreign services entities shall, within 15 days since the signing of labour contracts, apply for Employee Certificates or Representative
Certificates and register for the Chinese employees with the municipality’s administrative departments in charge of industry and
commerce and report the matter to the public security bureaus for the record.

Employee Certificates and Representative Certificates are the legal documents to certify the employment of Chinese employees in resident
representative offices of foreign enterprises. Without an Employee Certificate or a Representative Certificate, Chinese citizens
are not allowed to work in resident representative offices of foreign enterprises.

   Article 10 In use of mass media or holding of negotiations meetings to employ Chinese citizens for resident representative offices of foreign
enterprises, foreign services entities should go through, in advance, required examination and approval formalities as stipulated
in this set of regulations with the municipal Personnel Bureau and Labour Bureau.

   Article 11 Violations of this set of regulations shall be punished in accordance with the following provisions according to the severity of
the acts:

1 For the provision of Chinese employees to resident representative offices of foreign enterprises in violation of Article 4 of this
set of regulations, the Municipal Administration of Industry and Commerce shall order to correct within a set period and mete out
a fine of RMB 10,000- 50,000.

2 For resident representative offices of foreign enterprises that employ Chinese citizens by themselves, the Municipal Administration
of Industry and Commerce shall order to correct within a set period and mete out a fine of RMB 10,000-50,000.

3 For Chinese citizens who work in resident representative offices of foreign enterprises without an Employee Certificate or a Representative
Certificate, the Municipal Administration of Industry and Commerce shall order to connect within a set period of time and mete out
a fine of RMB 5,000.

4 For foreign services entities that provide resident representative offices of foreign enterprises with Chinese employees in violation
of Article 7 of this set of regulations or that fail to obtain Employee Certificates or Representative Certificates for the Chinese
employees in accordance with the provisions or fail to go through the registration and change formalities, the Municipal Administration
of Industry and Commerce shall mete out a fine of RMB 5,000-50,000.

5 For disturbance of the order of foreign services caused by activities of foreign services entities in violations of the laws, rules
and regulations, the Foreign Affairs Office of the municipal government shall order to correct and the related administrative departments
shall handle the case concerned in accordance with the regulations but if the cases are serious enough, the matter shall be reported
to related departments of the State to rescind the violator’s qualification of provision of Chinese employees to resident representative
offices of foreign enterprises within the area under the jurisdiction of this municipality upon the approval of the municipal government.

   Article 12 This set of regulations also applies to the resident representative offices in Beijing of companies, enterprises and other economic
entities started overseas by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan.

   Article 13 The right to interpret this set of regulations resides in the Foreign Affairs Bureau of the people’s government of the municipality.

   Article 14 This set of regulations shall enter into force as of June 15, 1996.

    





PROVISIONS ON THE ADMINISTRATION OF FOREIGN-RELATED MARITIME SCIENTIFIC RESEARCH

Category  SCIENCE AND TECHNOLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-06-18 Effective Date  1996-10-01  


Provisions of the People’s Republic of China on the Administration of Foreign-related Maritime Scientific Research



(Promulgated by Decree No.199 of the State Council of the People’s

Republic of China on June 18, 1996)

    Article 1  These Provisions are formulated for the purposes of
strengthening the administration of foreign-related maritime scientific
research conducted in the sea areas under the jurisdiction of the People’s
Republic of China, promoting the exchanges and cooperation in maritime
scientific research with foreign countries and safeguarding the national
security and maritime rights and interests.

    Article 2  These Provisions apply to the investigation and research on the
marine environment and resources, which are conducted for peace purpose and by
use of vessels or other conveyances and installations by international
organizations, foreign organizations and individuals (hereinafter referred to
as foreign party) independently or in collaboration with the organizations
from the People’s Republic of China (hereinafter referred to as Chinese party)
in the internal seas and territorial seas as well as in other sea areas under
the jurisdiction of the People’s Republic of China, but not to the exploration
of marine mineral resources (including marine petroleum resources), the
investigation of marine fishery resources and the survey of marine wildlife
under special state protection, to which the relevant provisions of laws and
regulations of the People’s Republic of China apply.

    Article 3  The state administrative department of marine affairs of the
People’s Republic of China (hereinafter referred to as the state
administrative department of marine affairs) together with agencies
established or authorized by it shall, according to these Provisions,
administer foreign-related maritime scientific research conducted in the sea
areas under the jurisdiction of the People’s Republic of China.

    Other competent departments under the State Council shall, within their
respective scope of authorities specified by the State Council and in
consultation with the state administrative department of marine affairs,
administer foreign-related maritime scientific research conducted in the sea
areas under the jurisdiction of the People’s Republic of China.

    Article 4  A foreign party intending to conduct maritime scientific
research in the internal seas or territorial seas of the People’s Republic of
China should undertake it in collaboration with a Chinese party. In other sea
areas under the jurisdiction of the People’s Republic of China, a foreign
party may conduct maritime scientific research independently or in
collaboration with a Chinese party.

    A maritime scientific research conducted by a foreign party independently
or in collaboration with a Chinese party shall be subject to the approval of
the state administrative department of marine affairs, or be reported by the
state administrative department of marine affairs to the State Council for the
approval, and shall be in conformity to laws and regulations of the People’s
Republic of China.

    Article 5  For a maritime scientific research to be conducted by a foreign
party in collaboration with a Chinese party, the Chinese party should, six
months before the scheduled implementation of the maritime scientific research
plan, apply to the state administrative department of marine affairs in
writing and submit the maritime scientific research plan and other relevant
explanatory materials as required.

    A foreign party intending to conduct maritime scientific research
independently should, six months before the scheduled implementation of the
maritime scientific research plan, apply to the state administrative
department of marine affairs in writing through diplomatic channels and submit
the maritime scientific research plan and other relevant explanatory materials
as required.

    After receiving the application for maritime scientific research, the
state administrative department of marine affairs shall examine it in
consultation with the Foreign Ministry, the competent military department and
other competent departments under the State Council and, within four months,
decide whether or not to grant approval or submit an examination report to the
State Council for the decision.

    Article 6  An applicant having been approved to conduct foreign-related
maritime scientific research shall, two months before each voyages, submit his
plan for offshore operations by vessel to the state administrative department
of marine affairs for the examination and approval. The state administrative
department of marine affairs shall, within one month as from the date of
receiving the aforesaid plan, decide whether or not to grant approval, notify
the applicant in writing and report to relevant departments under the State
Council at the same time.

    Article 7  The Chinese and foreign parties concerned or the foreign party
concerned shall conduct maritime scientific research according to the approved
plan for maritime scientific research and the approved plan for offshore
operations by vessel. If a major modification of the plan for maritime
scientific research or the plan for offshore operations by vessel is required
in the course of its implementation, prior approval shall be obtained from the
state administrative department of marine affairs.

    If force majeure makes it impossible to implement the approved plan for
maritime scientific research or the approved plan for offshore operations by
vessel, the Chinese and foreign parties concerned or the foreign party
concerned shall promptly report the case to the state administrative
department of marine affairs. The party concerned may resume the
implementation, or modify, or suspend the implementation of the plan when
force majeure has disappeared.

    Article 8  The introduction into the marine environment of harmful
substances, and the exploration or operations by use of explosives without
authorization shall be prohibited in conducting foreign-related maritime
scientific research.

    Article 9  Where Chinese and foreign parties cooperate to conduct maritime
scientific research in the internal seas and territorial seas of the People’s
Republic of China by use of an investigation vessel of foreign nationality,
the vessel operating at sea shall, at 00.00 and 08.00 hundred hours Greenwich
mean time every day, report to the state administrative department of marine
affairs on its position and activity. Where a foreign party, independently or
in collaboration with a Chinese party, conducts maritime scientific research
in other sea areas under the jurisdiction of the People’s Republic of China by
use of an investigation vessel of foreign nationality, the vessel operating at
sea shall, at 02.00 hundred hours Greenwich mean time every day, report to the
state administrative department of marine affairs on its position and activity.

    The state administrative department of marine affairs or agencies
established or authorized by it may exercise surveillance at sea over the
investigation vessel of foreign nationality mentioned in the preceding
paragraph or embark on the vessel to perform inspection.

    Article 10  Where Chinese and foreign parties cooperate to conduct
maritime scientific research in the internal seas and territorial seas of the
People’s Republic of China, original data and samples they have acquired shall
belong to the People’s Republic of China. The foreign cooperator may use
original data and samples free of charge as agreed upon in the contract.

    Where Chinese and foreign parties cooperate to conduct maritime scientific
research in other sea areas under the jurisdiction of the People’s Republic of
China, original data and samples they have acquired shall be shared between
them according to an agreement, and may be used free of charge by any of them.

    Where a foreign party conducts maritime scientific research independently,
original data and samples he has acquired may be used free of charge by the
relevant organizations of the People’s Republic of China. The foreign party
shall provide free of charge copies of materials and separable samples so
acquired for the state administrative department of marine affairs.

    Without the approval of the state administrative department of marine
affairs and other competent departments under the State Council, the Chinese
and foreign parties concerned or the foreign party concerned shall not publish
or transfer original data and samples they have or he has acquired by
conducting maritime scientific research in the sea areas under the
jurisdiction of the People’s Republic of China.

    Article 11  When a foreign party has independently completed or Chinese
and foreign parties have jointly completed maritime scientific research, the
investigation vessel of foreign nationality used for the research shall pass
the inspection of the state administrative department of marine affairs or
agencies established or authorized by it.

    Article 12  When Chinese and foreign parties have jointly completed
maritime scientific research, the Chinese party shall send copies of the
research achievement report and the data list to the state administrative
department of marine affairs and other competent departments under the State
Council.

    A foreign party having independently completed maritime scientific
research shall provide data and samples acquired in the research or their
copies and separable samples for the state administrative department of marine
affairs, and shall promptly provide the research achievements at each stage
and the final research achievement and the conclusion.

    Article 13  If anyone, in violation of these Provisions, conducts
foreign-related maritime scientific research, the state administrative
department of marine affairs or agencies established or authorized by it shall
order him to stop the research, may confiscate his implements used in the
illegal activities and data and samples acquired illegally, and may
exclusively or concurrently impose a fine of not more than 50,000 yuan.

    If any violation of these Provisions gives rise to heavy losses or serious
consequences and thereby a crime has been constituted, the offender shall be
investigated for criminal liability.

    Article 14  If an international treaty concluded or acceded to by the
People’s Republic of China contains provisions that differ from these
Provisions, the provisions of the international treaty shall apply, except
those on which China has made reservations.

    Article 15  These Provisions come into force on October 1, 1996.





CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION CONCERNING OPINIONS ON DEALING WITH THE ISSUE ON INFORMATION DISCLOSURE DURING THE LISTING OF THE DOMESTICALLY LISTED B-SHARES

The China Securities Regulatory Commission

Circular of China Securities Regulatory Commission Concerning Opinions on Dealing with the Issue on Information Disclosure During
the Listing of the Domestically Listed B-shares

[1996] No.1 of Department of International Business

July 17, 1996

Shanghai Securities Management Office, Shenzhen Securities Management Office, Shanghai Stock Exchange, Shenzhen Stock Exchange:

Recently, we met some problems on information disclosure during the course of examining and approving the listing of the B-shares.
Hereby notify the relevant matters as follows:

1.

According to Article 9 of the Rules for the Implementation of Information Disclosure of the Listed Company(for trial implementation)
promulgated by China Securities Regulatory Commission in 1993, issuers shall work out the list announcement before listing. Financial
data in the list announcement is valid for 180 days. According to Article 10 of the Rules mentioned-above, if it is not over 90
days from the end day of issuing to the first transaction day or the prospectus is still valid, the issuers could just work out the
simplified list announcement, which shall include matters required in Article 34 of Regulations of Stocks, that is the Article 1
, 2 and 3.

According to the Rules mentioned-above, the issuer of B-shares could just work out the simplified announcement in the conditions that
if the data of finance and account is exceeding the 6-month or 180-day period of validity and it is no more than 90 days from the
first transaction day to the end of issuing, at the same time, the matters omitted in the simplified announcement are no big changes
during that period. The simplified listing announcement shall introduce the publishing date of the prospectus, the newspaper or periodicals
as well as pages in which the prospectus is, but there is no requirement on the materials of financial and audit within the period
of validity.

2.

The issuer’s listing announcement shall include all the requirements of the Acticle 34 of the Rules of Stocks. That is to say it shall
include the materials of finance and accounting and the report of audit in the period of validity. If the finance and accounting
materials exceed the period of validity before listing, at the same time it is more than 90 days from the last day to the first day
of listing, issuer of B-share shall complement new materials of finance and audit. While adding new financial and audit data, the
issuer of B-shares shall prepare the accounting statement according to the criterion of accounting, and shall audit the statement.
There is no need to work out and to audit the statement and according to the norms of international accountants.

3.

Because of the variation of the market, some of the financial and audit reports have expired. So, some issuers of B-shares ask China
Securities Regulatory Commission for exemption. For handling of these problems, we will strictly abide by the Interim Regulations
on Management of Issuing and Transacting Stocks, Provisions of the State Council on list of the Domestically Listed B-shares of Company
Limited by Shares, and rules for the implementation of these Provisions. If there is no special reason, they cannot get exemption
in principle.



 
The China Securities Regulatory Commission
1996-07-17

 






REGULATIONS ON THE MANAGEMENT AND EPLOYMENT OF FOREIGNERS IN CHINA

INTERIM PROVISIONS ON ADMINISTRATION OF ENVIRONMENTAL PROTECTION IN CASES OF WASTES IMPORT

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, the State Administration for Industry and Commerce

Notice of the State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs and the State Administration for Industry and Commerce on Interim Provisions on Administration of Environmental Protection
in Cases of Wastes Import

Huan Kong [1996] No. 204

The environmental protection administration of every province, autonomous region, municipality directly under the Central Government
and every city specifically designated in the state plan, the Foreign Economic and Trade Commission (or Bureau), the Administration
for Industry and Commerce, the Sub-Administration of Customs of Guangdong, the customs offices directly affiliated to the General
Administration of Customs￿￿the commodity inspection bureau directly affiliated to the State Commodity Inspection Bureau, the municipal
special commissioners￿￿ offices of the Ministry of Foreign Trade and Economic Cooperation:

Interim Provisions on Administration of Environmental Protection in Cases of Wastes Import are hereby promulgated and please carry
out.

Notice is hereby given.

The State Environmental Protection Administration

The Ministry of Foreign Trade and Economic Cooperation

The General Administration of Customs

The State Administration for Industry and Commerce

March 1, 1996

Interim Provisions on Administration of Environmental Protection in Cases of Wastes Import

Chapter I General Provisions

Article 1

These Provisions are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Solid
Wastes Pollution to the Environment and relevant laws and for the purposes of strengthening the environmental management on import
of wastes and preventing the environmental pollution caused by imported wastes.

Article 2

These Provisions are applicable to the activities of import of wastes and environmental supervision and management within the territory
of the People’s Republic of China.

Article 3

It is forbidden to dump, pile or dispose of wastes imported from abroad in China.

Import of wastes that could be used as raw materials is restricted and, if import of such wastes is necessary, it must be governed
by these Provisions.

Article 4

All units and individuals have the right to expose units which illegally import wastes to the competent administrative departments
of environmental protection, competent departments of foreign trade and economic cooperation, Customs, import/ export commodity inspection
departments, administrative departments for industry and commerce and judicial organs.

Article 5

The State Environmental Protection Administration exercises supervision and control over import of wastes throughout the country.

The competent administrative departments of environmental protection of local people’s governments at various levels exercise supervision
and control over import of wastes within their respective jurisdictions according to these Provisions, and have the power to make
on-spot inspection into units engaging in import business activities of wastes.

Article 6

The State Environmental Protection Administration, jointly with the Ministry of Foreign Trade and Economic Cooperation and the General
Administration of Customs, formulate, adjust and announce the List of Wastes Restricted by the State for Import as Raw Materials
(Attachment 1).

The State Administration for Import and Export Commodity Inspection, together with the State Environmental Protection Administration,
formulate the standards for compulsory inspection over imported wastes.

Article 7

The competent departments of foreign trade and economic cooperation, Customs, import/export commodity inspection departments and administrative
departments for industry and commerce exercise supervision and control over import of wastes and related business activities within
their respective scope of duties.

Chapter II Environmental Management on Import of Wastes

Article 8

Import of any waste listed in Attachment 1 must be examined and approved by the State Environmental Protection Administration.

Import of any waste not listed in Attachment 1 of these Provisions (see Article 32 for the scope of wastes) is forbidden.

Article 9

The application and approval procedures for import of wastes are as follows:

(1)

If imports of wastes of H.S. code 7204.1000, 7204.2100, 7204.2900, 7204.3000, 7204.4100, 7204.4900 and 7204.5000 listed in Category
VI of Attachment 1 (hereinafter referred to as wastes of H.S. codes 7204.1000 to 7204.5000) are applied for, the units of import
of wastes or the units of utilization of wastes apply therefore directly to the State Environmental Protection Administration, and
the State Environmental Protection Administration examines and approves such applications.

(2)

If imports of other wastes listed in Attachment 1 are applied for, the units of import of wastes or the units of utilization of wastes
apply therefore to the competent administrative departments of environmental protection under the people’s governments at the city
level in the places where the units of utilization of wastes are located (hereinafter referred to as the competent administrative
departments of environmental protection at the city level), and after they are examined and consented by the competent administrative
departments of environmental protection at the city level and the competent administrative departments of environmental protection
under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government (hereinafter
referred to as the competent administrative departments of environmental protection at the provincial level), they are reported to
the State Environmental Protection Administration for examination and approval.

Article 10

An application for import of wastes must meet the following requirements:

(1)

The unit applying for import of wastes for use as raw materials must be an enterprise legal person established according to law, and
have the capability in utilizing the imported wastes and corresponding equipment for the prevention and control of pollution; and

(2)

Wastes applied for import have been listed into the List of Wastes Restricted by the State for Import as Raw Materials.

Article 11

The unit applying for import or utilization of wastes listed in Attachment 1 of wastes must submit the following application materials:

(1)

Application Form for Import of Wastes (Attachment 2)(omitted);

(2)

Report on Environmental Risks for Import of Wastes as Raw Materials or Statement on Environmental Risks for Import of Wastes as Raw
Materials.

The above-mentioned application materials must be made in three copies.

Article 12

The competent administrative department of environmental protection accepting an application for import of wastes shall, within five
working days from the date of receiving the application materials for import of wastes, handle the application for import of wastes
respectively as follows:

(1)

If the requirements of Articles 9 and 10 of these Provisions are met, the application for import of wastes shall be accepted;

(2)

If any of the requirements of Article 10 of these Provisions is not met, the application for import of wastes is not accepted and
the reasons are given thereto; or

(3)

If the applicant fails to submit any of the application materials listed in Article 11 of these Provisions, the applicant shall be
notified to submit the supplementary materials within a given time limit. If he fails to do so within the given time limit, it is
deemed as not filing application therefore.

Article 13

The units applying for import or utilization of wastes of H.S. codes 7204.1000 to 7204.5000 in Category VI of Attachment 1 must make
assessments on environmental risks from wastes planned to import for use as raw materials and in the course of their storage, transportation
and utilization, fill in the Statement on Environmental Risks on Import of Wastes and submit it directly to the State Environmental
Protection Administration for examination.

Article 14

The units applying for import or utilization of wastes in Categories II, VII, VIII and IX of Attachment 1 must make assessments on
environmental risks from wastes planned to import for use as raw materials and in the course of their storage, transportation and
utilization, prepare the Report on Environmental Risks on Import of Wastes, and submit it to the competent administrative departments
of environmental protection for examination according to the relevant provisions of the State Environmental Protection Administration.

Article 15

The units applying for import or utilization of wastes in Categories I, III, IV,V and VI other than wastes of H.S. codes 7204.1000
to 7204.5000 of Attachment 1, or the units applying for import of wastes again referred to in Article 14 already approved, must
make assessments on environmental risks from the wastes planned to import for use as raw materials and in the course of their storage,
transportation and utilization, fill in the Statement on Environmental Risks on Import of Wastes, and together with the Application
Form for Import of Wastes, submit them to the relevant competent administrative departments of environmental protection for examination
according to the procedures prescribed in paragraph (2) of Article 9 of these Provisions.

Article 16

The technical requirements and examination procedures for the assessment of environmental risk on import of wastes arc formulated
separately by the State Environmental Protection Administration.

The units undertaking to assess environmental risks on import of wastes must obtain the Qualification Certificate for Assessment of
Environmental Risks on Import of Wastes issued by the State Environmental Protection Administration.

Article 17

The competent administrative departments of environmental protection at the city or provincial level accepting applications for import
of wastes shall, within 10 working days from the date of receiving the application materials for import of wastes, produce their
examination comments and notify applicants.

Article 18

Within 10 working days from the date of receiving the directly accepted application materials for import of wastes or the application
materials for import of wastes transmitted by the competent administrative departments of environmental protection at the provincial
level, the State Environmental Protection Administration shall make decisions of approval or disapproval and notify applicants.

If an application for import of wastes is approved, the State Environmental Protection Administration issues the Certificate of Approval
for Import of Wastes (Attachment 3)(omitted).

Article 19

When necessary, the State Environmental Protection Administration may organize experts for discussion or solicit opinions of related
departments in the course of examining the application materials for import of wastes.

Article 20

The valid term of the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration is
one year.

Article 21

The Customs must give clearance for wastes listed in Attachment 1 only according to the Certificate of Approval for Import of Wastes
issued by the State Environmental Protection Administration and the inspection certificate issued by the of import/export commodity
inspection agencies in the places of ports.

Article 22

The units of import of wastes and the units of utilization of wastes must fill in the Report on Import of Wastes for the wastes imported
each quarter (Attachment 4)(omitted), and submit them to the competent administrative departments of environmental protection at
the city level in the places where the units of utilization of wastes are located.

The units of utilization of wastes must, according to the requirements of the Report on Environmental Risks of Import of Wastes or
the Statement of Environmental Risks of Import of Wastes, prevent and control any pollution to the environment caused by the imported
wastes.

Article 23

The import/export commodity inspection agency shall, whenever discovering any possible pollution to the environment by imported wastes
in conducting inspection, timely notify and transfer the case to the local competent administrative department of environmental protection
and Customs for handling according to law.

Article 24

If a processing or production project which utilizes imported wastes as raw materials is constructed, the construction unit must make
an assessment of environmental risks, prepare the Report on Environmental Risks of Import of Wastes, and after the competent administrative
departments of environmental protection at the city level and the provincial level in the place where the construction project is
located produce their comments, submit it to the State Environmental Protection Administration for examination.

Article 25

The units engaging in the processing and utilization of wastes in Category VII of Attachment 1 must be the wastes processing and utilization
units approved by the State Environmental Protection Administration.

Article 26

An enterprise applying to engage in import, operation, processing or utilization of wastes listed in Attachment 1 must submit the
document of approval issued by the State Environmental Protection Administration, and without such document of approval issued by
the State Environmental Protection Administration; the administrative department for industry and commerce may not approve its registration.

Enterprises already engaged in the operation activities of imported wastes prior to the operation of these Provisions must, according
to the provisions of Document No [1995] 54 of the General Office of the State Council, apply to the State Environmental Protection
Administration for examination and approval.

Chapter III Penalty Provisions

Article 27

Anyone who, in violation of these Provisions, moves wastes from abroad into China for dumping, piling or disposals, or imports wastes
for use as raw materials without approval by the State Environmental Protection Administration, is punished according to Article
66 of the Law of the People’s Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment.

Anyone who, in the name of utilization as raw materials, imports wastes not usable as raw materials is punished according to the provisions
of the preceding paragraph.

Article 28

Solid wastes already illegally moved into China are governed by Article 68 of the Law of the People’s Republic of China on the Prevention
and Control of Solid Wastes Pollution to the Environment.

Article 29

If anyone forges or alters the Certificate of Approval for Import of Wastes of the State Environmental Protection Administration,
the State Environmental Protection Administration imposes a fine of more than 50,000 Yuan but less than 500,000 Yuan thereto and
transfers concurrently to the judicial organ for investigation of criminal responsibility.

Article 30

If anyone, in violation of the provisions of Paragraph (2) of Article 26 of these Provisions, fails to go through the examination
and approval procedures with the State Environmental Protection Administration for import operations of wastes but continues to engage
in import operations of wastes, the Customs may not give clearance to the wastes and order him to transport the wastes back, the
competent department of foreign trade and economic cooperation shall revoke his import operation right according to law, and the
administrative department for industry and commerce shall revoke his business license according to law.

Article 31

Any person engaging in supervision and control on import/export of wastes who abuses his power, neglects his duty or practices favoritism
for personal gains, is given administrative sanctions if his act does not constitute a crime; and if a crime is constituted, criminal
responsibility is investigated according to law.

Chapter IV Supplementary Provisions

Article 32

The definitions of the following terms in these Provisions:

(1)

Scope of wastes:

Solid wastes mean wastes in solid or semi-solid state generated in the production, construction, daily life and other activities,
which pollute the environment.

Industrial solid wastes mean solid wastes generated in such production activities as industry and transportation.

Urban living rubbish means solid wastes generated in the course of urban daily life or activities providing services for urban daily
life as well as those solid wastes that, as stipulated by laws and administrative regulations, are deemed urban living rubbish.

Dangerous wastes mean wastes included in the national lists of dangerous wastes or wastes which, according to the State’s identification
standards and method of dangerous wastes, are determined as having the dangerous property.

(2)

Units of import of wastes mean foreign trade operation units engaging in import of wastes.

(3)

Units of utilization of wastes mean units that actually engage in the processing and utilization of imported wastes.

Article 33

If any provisions on environment management on import of wastes issued by the State Environmental Protection Administration itself
or jointly with relevant departments prior to entry into force of these Provisions contradict these Provisions, such provisions cease
to be implemented.

Article 34

These Provisions are interpreted by the State Environmental Protection Administration jointly with relevant departments.

Article 35

These Provisions shall enter into force as of April 1, 1996.

Attachment:Relevant Clauses of the Law of the People’s Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment

Article 66

If anyone, in violation of the provisions of this Law, dumps, piles or disposes of solid wastes moved into China from outside the
territory of China, or imports solid wastes for use as raw materials without approval by the competent department of the State Council,
the Customs orders to transport back and return the said solid wastes and may impose a fine of more than 100,000 Yuan and less than
1,000,000 Yuan concurrently. If anyone evades Customs control, thus constituting a crime of smuggling, criminal responsibility shall
be investigated according to law.

Anyone who, in the name of raw materials utilization, imports solid wastes not usable as raw materials shall be punished according
to the provisions of the preceding paragraph.

Article 68

With regard to the solid wastes already moved into China illegally, the competent administrative departments of environmental protection
of the people’s governments at and above the provincial level shall make proposals on handling them to the Customs according to law,
the Customs shall, according to the provisions of Article 66 of this Law, make decisions on the punishment therefore; if environmental
pollution has already been caused, the competent administrative departments of environmental protection of the people’s governments
at and above the provincial level shall order the importers concerned to eliminate the pollution.



 
The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General
Administration of Customs, the State Administration for Industry and Commerce
1996-03-01

 






REGULATIONS OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF THE CULTURE AND ENTERTAINMENT MARKET

Regulations of Shanghai Municipality on the Administration of the Culture and Entertainment Market

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II ORGANIZATION AND DUTIES

CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL

CHAPTER IV OPERATION AND MANAGEMENT

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 1 These Regulations are formulated pursuant to relevant laws of the state and with the particular circumstances of this Municipality
taken into consideration, for the purpose of strengthening the administration of commercial culture and entertainment
establishments and commercial cultural and entertaining operation activities, ensuring the healthy development of the culture
and entertainment market, and enrichining the cultural life of the people.

   Article 2 The “commercial culture and entertainment establishments” in these Regulations refer to the following establishments that are
run for the purpose of making profits.

1. Dance halls and Karaoke halls;

2. Music tea house;

3. Video-games arcade;

4. Amusement hall or amusement park;

5. Billiards rooms; and

6. Other culture and entertainment establishments designated by the state or this Municipality.

“Commercial cultural and entertaining operation activities” in these Regulations refer to the followings:

1. Various kinds of commercial performances and shows in commercial culture and entertainment establishments, including fashion
shows;

2. Competition activities of a cultural and entertaining items that are financially helped and supported in the form of payments
of advertising fee or that charge fees on participants;

3. Various kinds of performing activities in commercial dining halls or restaurants; and

4. Intermediary activities of culture and entertainment broker organization and brokers.

   Article 3 These Regulations shall apply to the set-up of commercial culture and entertainment establishments, to engagement in operations
of commercial cultural and entertaining operation activities and to the administration of commercial and entertainment
establishment and cultural and entertaining operation activities in this Municipality.

   Article 4 The set-up of commercial culture and entertainment establishments and commercial cultural and entertaining operation
activities that are in compliance with the law shall be protected by the law.

All cultural and entertaining operation activities shall be civilized, healthy, benefiting, and secure.

Engagement in the cultural and entertaining operation activities that are detrimental to the interest of the state and the public
interest of the society shall be prohibited.

   Article 5 This Municipality shall adopt a licensing system for the set- up and commercial culture and entertainment establishments and for
the operation of cultural and entertaining operation activities.

CHAPTER II ORGANIZATION AND DUTIES

   Article 6 The municipal department for the administration of cultural affairs is the competent department responsible for the administration
of the culture and entertainment market. Its main duties are:

1. To implement and enforce relevant laws and regulations of the state and of this Municipality, and to be responsible for the
implementation of these Regulations;

2. To prepare a development plan for the culture and entertainment market of this Municipality, and to exercise macro-scale
regulation and control over it;

3. To be responsible for the supervision and administration of the culture and entertainment market of this Municipality;

4. To be responsible for testing and checking the administrative personnel and other working staff of the culture and
entertainment market;

5. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the
culture and entertainment market; and

6. To punish acts that violate these Regulations.

The Municipal Social and Cultural Affairs Section, directly under the charge of the municipal department for the administration
of cultural affairs, shall be responsible for the specific administration of the culture and entertainment market of this
Municipality. It shall impose administrative penalties within its power delegated in accordance with these Regulations.

   Article 7 The district/county department for the administration of cultural affairs shall be responsible for administering the culture
and entertainment market of the district/county and shall be subject to the professional supervision and guidance of the municipal
department for the administration of cultural affairs. Its main duties shall be:

1. To implement and enforce relevant laws and regulations of the state and this Municipality;

2. To prepare the development plan for the culture and entertainment market of the district/county and to organize for the
implementation thereof, pursuant to the municipal development plan for the development of culture and entertainment market;

3. To be responsible for the supervision and administration of the commercial culture and entertainment establishments and
the commercial cultural and entertaining operation activities in the district/county;

4. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the
culture and entertainment market; and

5. To punish acts that violate these Regulations.

   Article 8 The various levels of departments for public security, administration of industry and commerce, public health, price control,
finance, taxes, environmental protection and other relevant departments shall perform their respective duties according to
law, and assist and cooperate with the department for the administration of cultural affairs in implementing these Regulations.

CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL

   Article 9 To set up or operate a commercial culture and entertainment establishment and to engage in commercial cultural and entertaining
operation activities, one shall apply for approval to the department for the administration of cultural affairs. Without the
approval of the department for the administration of cultural affairs, no one shall be allowed to set up a commercial culture
and entertainment establishment, or engage in commercial cultural and entertaining operation activities.

   Article 10 To set up a commercial culture and entertainment establishment, the following requirements shall be met:

1. The person who is to be responsible for the establishment and other relevant personnel shall have obtained the Qualification
Certificate issued by the municipal department for the administration of cultural affairs;

2. The establishment shall have Operation premises and supporting facilities that conform to established standards;

3. The Operation premises shall be safe and reasonable in its architectural structure. Fire prevention and fire fighting
facilities shall be available and effective, and the qualification certificate with respect to fire prevention and fire fighting
shall have been obtained.

4. Facilities of public hygiene, ventilation, noise control, etc. shall meet relevant standards;

5. The establishment shall have the required amount of registered capital; and

6. The establishment shall have a set of necessary management Regulations.

   Article 11 To set up a commercial performing team, the following requirements shall be met:

1. Having a person to take charge of the team who is experienced with the Operation and qualified by the municipal department
for the administration of cultural affairs;

2. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration
of cultural affairs;

3. Having the necessary musical instruments and programs for show; and

4. Having a set of necessary management system.

   Article 12 To set up a commercial fashion-show team, the following requirements shall be met:

1. Having a person to take charge of the team who has the required professional expertise and ability to manage;

2. Having a fixed office, a place for rehearsal, and the necessary equipment for performances;

3. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration
of cultural affairs;

4. Having the required amount of funds; and

5. Having a set of necessary management system.

   Article 13 Persons performing in the commercial culture and entertainment establishments of this Municipality shall have artistic
and performing talents in one way or another, and shall have been qualified to acquire the Performer’s Certificate after
passing the test and check of the municipal department for the administration of cultural affairs.

If professional performers employed by artistic and performing troupes want to perform in commercial culture and entertainment
establishments, they shall procure permission from their employers, apply to the municipal department for the administration
of cultural affairs for approval, and acquire the Performer’s Certificate.

   Article 14 Anyone who sets up a culture and entertainment broker organization shall meet the following requirements:

1. Having a person to take charge of the team who has the required professional expertise and ability to manage, and having
employees who are familiar with the Operation;

2. Having a fixed office and facilities that are commensurate with the Operation scope;

3. Keeping separate accounting, carrying out autonomous operation, and assuming sole responsibility for profits and losses;

4. Having the required amount of registered capital; and

5. Having a set of necessary management system.

   Article 15 Culture and entertainment brokers shall have the required level of education and the required experience in the Operation
of culture and entertainment. Specific requirements with respect thereto shall be formulated by relevant departments
under the municipal government.

   Article 16 Those who intend to set up commercial culture and entertainment establishments or engage in commercial cultural
and entertaining operation activities shall complete formalities for examination and approval in accordance with the
following provisions:

1. Those who intend to set up commercial culture and entertainment establishments in hotels that are accredited with starts
shall apply to the municipal department for the administration of cultural affairs for approval. The municipal department
for the administration of cultural affairs shall make a decision with respect to the approval within 20 days after it
receives the application, and shall issue a Permit for Cultural Operation to those who meet the requirements.

2. Those who intend to set up commercial culture and entertainment establishments in other places shall apply for approval
to the local district/county department for the administration of cultural affairs. The district/county department for
the administration of cultural affairs shall make a decision with respect to the approval within 10 days after it receives
the application and shall submit the decision to the municipal department for the administration of cultural affairs for verification
and approval. The municipal department for the administration of cultural affairs shall make a written reply within
10 days after it receives the report submitted for verification and approval. The verified and approved applicants shall
receive the Permit for Cultural Operation issued by the district/county department for the administration of cultural affairs.

3. Those who intend to organize and set up commercial performing troupes or commercial teams for fashion shows shall apply to
the municipal department for the administration of cultural affairs for approval. The municipal department for the administration
of cultural affairs shall make a decision with respect to the approval within 15 days after it receives the application,
and shall issue a Performance Permit to those who meet the requirements.

4. Those who intend to establish culture and entertainment broker or organization or those individual persons who intend
to engage in cultural or entertaining brokerage activities as individual persons shall apply to the municipal department
for the administration of cultural affairs for approval. The municipal department for the administration of cultural
affairs shall make a decision with respect to the approval within 30 days after it receives the application, and shall issue
a Permit for Cultural Operation to those who meet the requirements.

Those who have been approved and have acquired the Permit for Cultural Operation shall apply for a Operation license to the local
office of the State Administration of Industry and Commerce in accordance with relevant stipulations of the state.
Those among them who apply for approval to set up commercial cultural and entertainment establishments shall, at the same
time, apply to the departments for public security and for public health for permission with respect to public security and
public sanitation.

   Article 17 Those units and individual persons who have set up commercial culture and entertainment establishments or are engaged in commercial
cultural and entertaining operation activities shall complete the formalities for registration of alteration or cancellation
to the relevant administrative authorities in the same procedure as they did when they applied for approval to start Operation,
if they want to alter their mode or scope of business, their business address or legal representative, or if they want
to terminate the business.

CHAPTER IV OPERATION AND MANAGEMENT

   Article 18 Commercial culture and entertainment establishments shall exhibit their Permit for Cultural Operation in a conspicuous place.

The person in charge of a commercial culture and entertainment establishment and relevant employees shall carry
with them their Qualification Certificate when they are on the job.

The performing teams, fashion show teams and the performers shall carry with them the Performance Permit and the Performer’s
Certificate when they perform in commercial culture and entertainment establishments.

   Article 19 Commercial culture and entertainment establishments shall not invite for performance performing teams that have no Performance
Permit, nor performers who have no Performer’s Certificate.

Commercial culture and entertainment establishments shall not assign jobs to relevant employees such as the person in
charge of the commercial culture and entertainment establishments, and acoustic engineers, etc., who have no Qualification
Certificate.

   Article 20 Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall not
be lent, leased, altered or counterfeited.

Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall
be checked and verified annually.

   Article 21 For performances in commercial culture and entertainment establishments, the parties concerned shall conclude in writing
a performance contract setting forth the programs to be performed, the time of the performance, the number of performances,
the terms and conditions for profit distribution and the liabilities for breach of the contract. A copy of such contract shall
be submitted to the municipal or district/county departments for the administration of cultural affairs for the record.

   Article 22 Commercial culture and entertainment establishments shall not overreach their capacity in selling tickets or in receiving patrons.
The specific standards for determining the capacity of commercial culture and entertainment establishments shall be prescribed
by the municipal department for the administration of cultural affairs.

   Article 23 Commercial culture and entertainment establishments shall use laser disks and other audio visual products published and distributed
by audio visual publishers approved by the state.

The types of machines and the content of the games and amusement used in video-games arcade and amusement hall or park shall be
reported to the municipal department for the administration of cultural affairs for examination and verification.

   Article 24 Gambling and salacious activities shall be prohibited in commercial culture and entertainment establishments.

Commercial dance halls and video-games arcade shall be prohibited from receiving minors.

Assignment of commercial culture and entertainment establishments on contractual basis shall be prohibited.

   Article 25 Commercial culture and entertainment establishments shall act in compliance with the laws and regulations of the state and of
this Municipality with respect to price control, and shall quote the prices in express terms.

   Article 26 Performing teams or individual persons from other provinces, the autonomous regions and other municipalities that come to
this municipality for commercial cultural and entertaining operation activities shall bring along their approval
documents issued by the department for the administration of culture and entertainment of the province, the autonomous
region or the municipality in which they are registered, to the department for the administration of cultural affairs of this
Municipality to complete the formalities for conducting commercial cultural and entertaining operation activities therewith.

   Article 27 When performing teams or individual persons from foreign countries, Hong Kong Special Administrative Region, Macao Region
and Taiwan Region come to perform at the culture and entertainment establishments of this Municipality, the sponsors
of such activities shall bring along with them the approval documents issued by relevant departments of the state to complete
the formalities for acquiring the Performance Permit with the municipal department for the administration of cultural affairs.

   Article 28 Units not having the Permit for Cultural Operation that want to engage in cultural and entertaining operation activities
on a temporary basis shall apply to the municipal department for the administration of cultural affairs for a Temporary
Permit for Cultural Operation.

   Article 29 Advertisements of performances released by commercial culture and entertainment establishments shall be truthful, lawful, and
healthy in content. Deceptive and misleading information that aimed-cheating the audience shall be prohibited.

The contents of performance advertisements to be released by units and individual persons engaged in the cultural and entertaining
operation activities shall be verified and approved by the municipal department for the administration of cultural affairs.

   Article 30 The municipal department for the administration of cultural affairs shall disqualify the culture and entertainment
broker organizations and brokers, if they have conducted no Operation activities within a year, and shall revoke
their Permit for Cultural Operation. The Administrative department of Industry and Commerce shall cancel their registration.

   Article 31 To hold all-Shanghai or interdistrict/county competition activities of cultural and entertaining items that are financially
helped and supported in the form of payments of advertising fee, or that charge application fees on participants, the sponsoring
units shall apply for approval to the municipal department for the administration of cultural affairs. To hold within
a district/county competition activities of cultural and entertaining items, the sponsoring units shall apply for
approval to the department for the administration of cultural affairs of the district/county. Such competition shall not be
held before approval is obtained after examination and verification. Among the competitions, those that are financially helped
and supported in the form of payments of advertising fee must complete the formalities of application, examination and approval
at the Administration of Industry and Commerce.

The proceeds from the financial help and support in the form of payments of advertising fee shall be included in the income of
the sponsoring units and managed in accordance with relevant provisions of the State.

   Article 32 No commercial cultural and entertaining operation activities shall be held in public libraries, museums, primary and secondary
schools, premises for children’s activities and other places designated by this Municipality.

   Article 33 Units and individual persons that engage in cultural and entertaining operation activities shall submit to the municipal
or district/county department for the administration of cultural affairs their Operation statements and reports for the record.

   Article 34 Inspectors of the culture and entertainment market shall inspect the commercial culture and entertainment establishments
and commercial cultural and entertaining operation activities with respect to their compliance with these Regulations.

The inspectors shall show their inspection certificates when performing their official duty.

   Article 35 Departments for the administration of cultural affairs shall commend and reward the units or individual persons that have
made contributions either in reporting about or in assisting in the investigation and prosecution of cases involving
illegal commercial cultural and entertaining operation activities.

   Article 36 Any of the following acts that violates the provisions of these Regulations, the Municipal Social and Cultural Affairs Section
or the district/county administrative department of cultural affairs shall give a warning, and may impose a fine of not less
than RMB 500 yuan and not more than RMB 50,000 yuan on units (including self-employed workers), a fine of not less
than RMB 50 yuan and not more than RMB 5,000 yuan on individual persons, and confiscate the unlawful gains and illegal property,
if there is any:

1. Failure to carry as required the Performance Permit, the Performer’s Permit, or the Qualification Certificate;

2. Commercial culture and entertainment establishments assign jobs to those in charge of a commercial culture and entertainment
establishment, acoustic engineers, or other relevant working staff, who have no Qualification Certificate;

3. Overreaching one’s capacity in selling tickets or receiving patrons;

4. Exhibiting laser disks and other audio visual products published and distributed by audio visual publishers that have not been
approved by the state.

5. The types of video games machines and the types of amusement machines, the games, and the contents of the games
have not been examined and verified by the municipal department for the administration of cultural affairs.

6. Commercial dance halls or video-games arcades that games receive minors in violation of these Regulations;

7. Making unauthorized changes in the Operation scope, Operation address or legal representative; or

8. Making unauthorized changes in the structure and arrangement of the Operation premises without complying with the requirements
for Operation operations.

Acts in violation of the preceding Section that are serious may be ordered in the meantime by the municipal or district/county
department for the administration of cultural affairs may give an order to suspend Operation and/or revoke the Permit for
Cultural Operation or the Performance Permit, in addition to the above penalties.

   Article 37 For any of the following acts that violate the provisions of these Regulations, the Municipal Social and Cultural Affairs Section
or the district/county department for the administration of cultural affairs shall confiscate the unlawful gains and
the illegal property, and impose a fine of not less than RMB 1,000 yuan and not more than RMB 100,000 yuan on units, and
a fine of not less than RMB 200 yuan and not more than RMB 20,000 yuan on individual persons:

1. Setting up or operating a commercial culture and entertainment establishment or engage in commercial cultural and
entertaining operation activities without the required permits;

2. Engaging performing teams or performers that hold no Performance Permit or the Performer’s Certificate;

3. Lending, leasing, altering or counterfeiting the Permit for Cultural Operation, the Performance Permit, the Performer’s Certificate
or the Qualification Certificate;

4. Out of town performing teams or individual persons from the provinces, the autonomous regions and other directly-administered
municipalities come to this Municipality for commercial cultural and entertaining operation activities without completing
the formalities with the municipal department for the administration of cultural affairs; or

5. Arranging, without official approval, for performances by performing teams or individual persons from foreign countries, Hong
Kong Special Administrative Region, Macao Region and Taiwan Region at the culture and entertainment establishments of this
Municipality.

To acts that violate the provisions of the preceding Section and are serious, the municipal or district/county department
for the administration of cultural affairs may give an order to suspend Operation and/or revoke the Permit
for Cultural Operation, the Performance Permit or the Performer’s Certificate, in addition to the above penalties.

   Article 38 If the operation of the commercial cultural and entertainment establishments have been assigned on contractual basis, the municipal
or district/county department for the administration of cultural affairs shall temporarily attach or revoke the Permit for
Cultural Operation.

   Article 39 Those who perform or exhibit works that are reactionary, obscene or salacious in content, or engage in gambling, in salacious
activities or other activities in commercial cultural and entertaining premises in violation of the Regulations of the People’s
Republic of China on Public Security Administration and Imposition of Punishment shall be pursued by the department for
public security in accordance with the law, and shall be prosecuted for criminal liability if the wrong constitutes a
crime.

   Article 40 When the department for the administration of cultural affairs or the Municipal Social and Cultural Affairs Section imposes
administrative penalties on units and individual persons that violate these Regulations, it shall provide a letter of administrative
penalty. For the collected fines and confiscated proceeds, it shall provide a receipt of fines and confiscated proceeds
uniformly printed by the municipal finance department. The collected fines and confiscated proceeds shall be turned
over to the State Treasury.

Within 7 days after the municipal or district/county department for the administration of cultural affairs makes the decision
to revoke the Permit for Cultural Operation, it shall send a copy of such decision to the relevant administrative departments.

   Article 41 If the party concerned refuses to accept as final a specific administrative act done by the department for the administration
of cultural affairs or the Municipal Social and Cultural Affairs Section, he/she may apply for administrative review or institute
a legal action in accordance with the Regulations on Administrative Review or the Administrative Litigation Law of the
People’s Republic of China.

If, upon the expiration of the prescribed period of time, the party concerned has neither applied for administrative review
or instituted a legal action with respect to a decision of administrative penalty made by the department for the administration
of cultural affairs or the Municipal Social and Cultural Affairs Section, nor has it performed the administrative decision,
the department for the administration of cultural affairs or the Municipal Social and Cultural Affairs Section may apply
to the People’s Court for enforcement.

   Article 42 All members of the working staff of the departments for the administration of cultural affairs and the Municipal Social and Cultural
Affairs Section shall be loyal to their duties and be honest in performing their duties, and shall enforce the law
impartially. Those who neglect their duties, abuse their powers, or commit fraudulent acts for personal gains shall be given
disciplinary sanctions by his work unit or the department in charge thereof. If what they have done constitutes a crime,
those whose wrongful acts constitute a crime shall be prosecuted for the criminal liability in accordance with law.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 43 Amusement machines mentioned in these Regulations shall mean the machines for games that are examined and checked by the approval
of the municipal department for the administration of cultural affairs, and are allowed to be used by minors.

 &nb

CUSTOMS REGALATIONS ON CLEARANCE OF ENTERING AND EXITING PASSENGERS

PRC Customs Regalations on Clearance of Entering and Exiting Passengers

     Article 1 This set of regulations has been formulated in accordance with The Customs Law of the PRC and other related laws and regulations.

   Article 2 The terms “customs clearance” in this set of regulations refer to the formalities of presenting of declarations by the entering
and exiting passengers to the customs and the checking, duty levying or exempting and letting pass of passengers’ luggage
and goods by the customs in accordance with the law, or other related supervision formalities.

The term “declarations” in this set of regulations refers to the presenting by entering and exiting passengers of written
statements to the customs on the state of luggage and goods they brought in or out in order as to meet their obligations stipulated
in laws and regulations of the PRC Customs.

   Article 3 Entering and exiting passengers who are required to go through declaration formalities with the customs shall first submit the
filled- out Entering and Exiting Passengers’ Declaration Form of Luggage of the PRC or other required declaration documents
to the customs at the declaration desk to truthfully declare the state of luggage they bring in or out.

Statements made at other places and times or through other means other than those specified above by the entering and exiting
passengers on the state of their luggage shall not be considered declarations by the customs.

   Article 4 The declaration formalities shall be handled by the passengers themselves with the customs. If the passenger entrusts others to
fill in the required forms, he/she shall have his/her own signature in the form. Those entrusted to handle the declaration formalities
shall abide by the related provisions of this set of regulations and bear other related legal responsibilities.

   Article 5 When making declarations with the customs, the entering and exiting passengers shall present valid traveling papers
and identification documents and submit for verification certificates issued by responsible PRC departments approving the
import/export of the pertaining goods as well as business vouchers and other necessary documents.

   Article 6 Duplicates of the declaration papers and other special declaration papers after cleared and sealed by the customs shall
be well kept by the passengers concerned during their effective period or during the customs supervision period and are to
be actively presented when applying for collection, divide or transshipment of the luggage, or purchase of duty or duty-free
foreign exchange goods or going through other formalities by the passengers.

   Article 7 At sites under the supervision of the customs, special declaration desks shall be established along the customs channels
for the passengers to declare incoming or exiting goods.

Sites under the supervision of the customs upon approval by the PRC Customs to practise double-channel systems can establish
separately “declaration channel” (or red channel) and “non-declaration channel” (or blue channel) for the choice of the entering
and exiting passengers in accordance with their status.

   Article 8 The following categories of entering passengers shall declare with the customs and submit declaration papers to the customs for
goods entrance formalities:

1. passengers bringing with goods that have to be levied duties by the customs or are in restricted quantity of duty-free listed
in the second, third and fourth categories of the Classification Table of Goods Carried by Entering and Exiting Passengers
(excluding limited quantities of duty-free cigarettes and wines);

2. non-resident passengers or resident passengers with re-entry visas of the forwarding countries (regions) bringing with more
than one of each of the following personal effects: cameras, portable cassette players and recorders, small cinecameras,
camcorders, portable word processors;

3. passengers bringing with more than RMB 6,000 or gold and silver products heavier than 50 grams;

4. non-resident passengers bringing with foreign exchange cash valued at more than US$5,000;

5. resident passengers bringing with foreign exchange cash valued at over US$1,000;

6. passengers bringing with goods or goods samples exceeding the limit of personal consumption; and

7. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and
regulations or other goods that should go through clearance formalities with the customs.

   Article 9 The following categories of exiting passengers shall declare with the customs and submit declaration papers to the customs for
goods exiting formalities:

1. passengers bringing cameras, portable cassette players and recorders, small cinecameras, camcorders, portable word processors
and other personal effects for traveling that would be brought back to China;

2. passengers who fail to bring the original goods to be brought out, or fail to go through customs formalities for temporarily
duty-free goods brought in at entrance;

3. passengers bringing with foreign exchanges or gold, silver or their derivatives larger than the declared amount at entrance
brought in or without; export permission papers;

4. passengers bringing with more than RMB 6,000;

5. passengers bringing with cultural relics;

6. passengers bringing with cargoes or goods samples;

7. passengers bringing with goods at quantities larger than the limits or quotas as stipulated by the customs or other limits;

8. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and
regulations or other goods that should go through clearance formalities with the customs.

   Article 10 At sites under the supervision of the customs where there are two channels, passengers specified in Articles 8 and 9 shall choose
the “declaration channel.”

   Article 11 Passengers not sure about which channel they should take shall go through the (declaration channel” for declaration formalities.

   Article 12 Passengers other than those specified in Articles 8, 9 and 11 may not go through declaration formalities with the customs. In
sites with double-channel customs systems, such passengers may choose “non- declaration channel” for entry or exit.

   Article 13 Non-resident passengers with diplomatic or courtesy visas issued by responsible departments of the PRC or other passengers
exempted from declaration clearance, when entering or exiting, shall produce their own passports (or other valid entering
or exiting papers) and identification papers at their own initiative.

   Article 14 Passengers, when entering and exiting, shall abide by this set of regulations and other supplemental provisions formulated
by related customs houses with authorization from and promulgated by the General administration of Customs for the implementation
of this set of regulations.

   Article 15 Passengers with entering and exiting goods failing to go through declaration formalities with the customs in accordance
with related regulations and passengers specified in Articles 8, 9 and 11 that fail to choose the designated channels as
stipulated shall be dealt with in accordance with related provisions of the Customs Law of the PRC and the Detailed Implementation
Procedures on Administrative Sanction of the Customs Law of the PRC.

   Article 16 This set of regulations goes into effect as of January 1, 1996.

    





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON DISPOSITION OF THE EXISTING LAWS OF MACAO PURSUANT TO ARTICLE 145 OF THE BASIC LAW OF MACAO SPECIAL ADMINISTRATIVE REGION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  1999-12-20  


Decision of the Standing Committee of the National People’s Congress on Disposition of the Existing Laws of Macao Pursuant to Article
145 of the


Schedule A
Schedule B
Schedule C
Schedule D

(Adopted by the 12th meeting of the Standing Committee of the Ninth National People’s Congress on October 31st 1999)

    The (hereinafter referred to as “Basic Law”) provides in Article 145 that “Upon the foundation of Macao Special Administrative Region,
the existing laws of Macao, except those declared conflicting herewith by the Standing Committee of the National People’s Congress,
shall be adopted as the laws of Macao Special Administrative Region, subject to any amendment or abolition pursuant to the provisions
hereof and legal procedures if found subsequently conflicting herewith.” In Article 8, it is provided that “The existing laws, decrees,
administrative regulations and other regulatory documents of Macao, except those conflicting herewith or amended according to legal
procedures by the legislative or other relevant authorities of Macao Special Administrative Region, shall be retained.” In accordance
with aforesaid provisions, the 12th meeting of the Standing Committee of the Ninth National People’s Congress has discussed the proposal
on disposition of the existing laws of Macao put forward by the Preparatory Committee of Macao Special Administrative Region of the
National People’s Congress, and decides as follows:

    I. The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except
those conflicting with the , shall be adopted as the laws of Macao Special Administrative Region.

    II. The existing laws of Macao set forth in Schedule A hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region.

    III. The existing laws of Macao set forth in Schedule B hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant
to the principles provided in and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region.

    IV. The conflicting provisions with the of the existing laws of Macao set forth in Schedule C hereof shall not be adopted as the laws of Macao Special Administrative Region.

    V. The existing laws of Macao adopted as the laws of Macao Special Administrative Region, since December 20th
1999, when applied, shall be necessarily modified, adapted, restricted or excluded, to conform to Macao’s status after the People’s
Republic of China resumes the exercise of sovereignty over Macao and the relevant provisions of the .

    Subject to aforesaid principles, of the existing laws of Macao:

  (a) The preface and signing parts shall not be retained, and henceforth not the parts of the laws of Macao Special Administrative
Region.

  (b) Those providing foreign affairs with respect to Macao Special Administrative Region, if not consistent with the national
laws effective in Macao Special Administrative Region, shall be subject to such national laws and conform to the international rights
enjoyed and the international obligations assumed by the Central People’s Government.

  (c) Any provisions conferring prerogative treatment upon Portuguese shall not be retained, except those with respect to
the reciprocity between Macao and Portugal.

  (d) Provisions with respect to the ownership of land shall be interpreted in accordance with Article 7 of the .

  (e) Provisions with respect to the prevailing of Portuguese language over Chinese language in legal effect shall be interpreted
that both Portuguese and Chinese are official language; provisions as to requiring the must use of Portuguese or simultaneous use
of both Portuguese and Chinese shall be dealt with pursuant to the provisions of Article 9 of the .

  (f) Provisions with respect to specialty or practicing qualification embodying injustice resulting from the governance
of Macao by Portugal may be referenced to and applied in accordance with the provisions of Article 129 of the as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

  (g) Provisions with respect to the identity and position of civil personnel recruited outside Macao with Portuguese or
other foreign nationality shall be interpreted pursuant to the provisions of Article 99 of the .

  (h) Provisions quoting Portuguese law, if not prejudicial to the sovereignty of the People’s Republic of China and not
conflicting with the provisions of the , may be continued to be referenced to and applied as transitional arrangement, before Macao Special Administrative Region makes any
amendment thereto.

    VI. Subject to clause V, for existing laws of Macao adopted as the laws of Macao Special Administrative Region,
unless the context otherwise requires, the interpretation or application of the name, word, expression or sentence therein shall
be in accordance with the principles on replacement provided for by Schedule D hereof.

    VII. The existing laws of Macao adopted as the laws of Macao Special Administrative Region may be amended
or abolished pursuant to the provisions of the and legal procedures if found conflicting with the subsequently.

    The existing Portuguese laws governing Macao including laws formulated by Portuguese sovereign authority particularly
for Macao shall cease to be effective in Macao Special Administrative Region as from December 20th 1999.

Schedule A
The following laws, decrees and other regulatory documents of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Law No. 5 / 90 / M on the evaluation of language level for government service and promotion;

  (b) – – Law No. 4 / 91 / M;

  (c) and amendments thereto (Law No. 7 / 93 /M, Law 10 / 93 M and Law 1 / 95 / M);

  (d) Decree No. 42 / 82 / M and Decree No. 36 / 89 / M on setting various
medals to honor significant conduct done for the region;

  (e) Decree No. 58 / 84 /M on defining the competent entity negotiating contract or agreement involving local public administration
with foreign public entity;

  (f) Decree No. 81 / 88 / M and Decree No. 10 / 92 / M on the retirement system of Portuguese far-east missionary;

  (g) – – Decree No. 51 / 91 / M;

  (h) Decree No. 11 / 92 / M on ratification of regulations on passport approval and issuance in Macao;

  (i) Decree No. 17 / 92 / M, Decree No. 18 / 92 / M, Decree No. 55 / 92 / M, Decree No. 45 / 96 / M, Decree No. 28 / 97
/ M, Decree No. 8 / 98 / M and Decree No. 10 / 99 / M on standardizing the judicial system of Macao;

  (j) Decree No. 5 / 93 / M on clarifying the applicable scope of provisions in section 1, Article 13 of the ;

  (k) Decree No. 20 / 99 / M on interpretations to relevant problems with respect to the declaration of the president of
Portugal granting Macao Court power of final jurisdiction and exclusive power of trial;

  (l) – – Resolution No. 1 / 93 / M of Legislative Council.

Schedule B
The following laws and decrees of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant
to the principles provided in and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region:

  (a) Law No. 6 / 86 / M on standardizing the public property system within Macao water area;

  (b) Decree No. 60 / 92 M and Decree No. 37 / 95 / M on regulations of determining personnel coming to Macao for duty execution
recruited from the Republic of Portugal;

  (c) Decree No. 19 / 99 / M on ratification of new system of Macao I. D. card issuance.

Schedule C
The partial provisions of the following laws and decrees of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Provisions on land sales and special approvals and licenses entitling Portuguese public legal person with capacity
of right to ownership of immovables to possess and use land in (Law No. 6 / 80 / M);

  (b) Section 5, Article 18 of the (Law No. 10 / 88 / M);

  (c) Provisions in (Law No. 24 / 88 / M) indicating regime of municipal authority;

  (d) Section 1 Article 59 and Section 1 Article 60 in Law No. 8 / 89 / M with respect to audio-visual and broadcasting
legal system;

  (e) Article 2, 17 and 41 of the (Law No. 11 / 90 / M);

  (f) Amendments to the by Law No. 1 / 96 / M;

  (g) Section 1 Article 10 and Section 2 Article 21 of Decree No. 41 / 83 / M on local general budget formulation, public
financial statement formulation, execution and management, business account formulation, and regulations on inspection of financial
activities in Macao public administrative region;

  (h) Article 30 of Decree No. 90 / 88 / M on general conditions that shall be complied with by social facilities for developing
social assistance activities for the children, youth, elderly, disabled or common resident;

  (i) Provisions for application of Portuguese extradition laws in Article 38 and Article 42 of Decree No. 5 / 91 / M with
respect to regarding trafficking in or use of narcotics as criminal conduct and advocating anti-narcotics measures;

  (j) Article 1 of Decree No. 19 / 92 / M on modifying regulations on establishing security forces;

  (k) Subsection D Section 1 Article 50 of (Decree No. 16 / 93 / M);

  (l) Provisions on technical assistance for the election and registration of voters of the Republic of Portugal in Section
A Article 14 of Decree No. 23 / 94 / M with respect to recasting the organizational structure of department of administration viz
government service;

  (m) Provisions on “commensuration day ” in Article 44 of Decree No. 2 / 95 / M with respect to recasting the organizational
structure of inspection team of marine police;

  (n) Provisions on “commensuration day ” in Article 69 of Decree No. 3 / 95 / M with respect to recasting the organizational
structure of office of security police;

  (o) Provisions on “commensuration day ” in Article 41 of Decree No. 4 / 95 / M with respect to recasting the organizational
structure of fire brigade;

  (p) Section 5 Article 19 of Decree No. 15 / 95 / M with respect to ratification of the regulations on Macao port authority
organization;

  (q) Provisions on “personnel with military appointment” in Schedule 5 and 6 of Decree No. 17 / 95 / M with respect to
adjustment of attached schedules of ;

  (r) Subsection B Section 2 Article 5 of Decree No. 55 / 95 / M with respect to modifying the general regulations on entering,
staying at and residing in Macao.

Schedule D
The interpretation or application of the name, word, expression and sentence in the existing laws of Macao adopted as the laws of
Macao Special Administrative Region shall generally comply with the following principles on replacement:

  (a) If the content of any provision referring to “Republic of Portugal”, “Portugal”, “Portuguese government”, “the Republic”,
“president of the Republic”, “government of the Republic”, “minister of the government ” or other similar name, word, expression
or sentence involves affairs administered by the Central Government or the relationship between the Central Government and Macao
stipulated by the , such name, word, expression or sentence shall be interpreted correspondingly as China, Central Government or other competent authority
of China, or the government of Macao Special Administrative Region in other condition.

  (b) Any name of “Macao”, “Macao region”, “Local”, “Macao jurisdiction” and others shall be interpreted as “Macao Special
Administrative Region”. Any statement with respect to the domain of Macao Special Administrative Region shall be applied only after
relevant interpretation given in accordance with the map of Macao Special Administrative Region promulgated by the State Council.

  (c) Any name, word, expression or sentence of “Courts of Macao Jurisdiction”, “Court of Common Jurisdiction”, “Court of
Administration”, “High Court” and “Office of Procurators” and others shall be interpreted correspondingly as Courts of Macao Special
Administrative Region, magistrate court, administrative court, intermediary court or procuratorate.

  (d) Any name of “Governor” and “Governor of Macao” shall be interpreted as the Executive Officer of Macao Special Administrative
Region.

  (e) Any name, word, expression or sentence referring to legislative council, judiciary, administrative authority or personnel
thereof shall be interpreted and applied in accordance with relevant provisions of the .

  (f) Any name, word, expression or sentence of “the People’s Republic of China”, “China”, “State” or the like shall be
interpreted as the People’s Republic of China comprising Taiwan, Hong Kong and Macao; any name, word, expression or sentence referring
separately or simultaneously to mainland, Taiwan, Hong Kong and Macao shall be interpreted correspondingly as a part of the People’s
Republic of China.

  (g) Any name, word, expression or sentence of “foreign country” or “other countries” or the like shall be interpreted
as any country or region except the People’s Republic of China, or as “any place except Macao Special Administrative Region” according
to the contents of such laws or provisions; any name, word, expression or sentence of “foreigner” or the like shall be interpreted
as any person except citizen of the People’s Republic of China.

  (h) Any name, word, expression or sentence of “Court of Auditors”, “Anticorruption viz Anti-administrative Misconduct
Ombudsman” or the like shall be interpreted as “Audit Office” or “Anticorruption Ombudsman”.





CIRCULAR CONCERNING PUBLISHING THE SECOND CATALOGUE OF FUNDS (SURCHARGES, FEES) TO BE ABOLISHED

Category  FINANCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-05-28 Effective Date  1998-05-28  


Circular Concerning Publishing the Second Catalogue of Funds (Surcharges, Fees) to Be Abolished


APPENDIX: SECOND CATALOGUE OF FUNDS (SURCHARGES, FEES) TO BE ABOLISHED

(Approved by the State Council and promulgated by the Ministry of Finance,

the State Economy and Trade Commission, the State Development Planning
Commission, the Auditing Administration, the Ministry of Supervision and the
State Council Office for Correcting Malpractices in All Trades and Professions
on May 28, 1998)

    To implement the Decision of the Chinese Communist Party Central Committee
and the State Council on Curbing Acts of Indiscriminately Levying Fees, Fines
on Enterprises or Transferring Resources from Enterprises in various forms of
Apportionment (Document Zhongfa [1997] No. 14, hereinafter referred to as
“Decision”) and to lighten enterprises’ burden in real earnest, it has been
decided to publish the second catalogue of funds (including surcharges, fees,
the same below) to be abolished with the approval through rectification by the
State Council Inter-Ministerial Joint Meeting for Lightening Enterprises’
Burden and with the consent of the State Council leaders. We hereby circulate
some points of this matter as follows:

    1. Projects of funds to be abolished in this catalogue include those which
were constituted by relevant departments of the State Council and people’s
governments or government departments of provinces, autonomous regions and
municipalities directly under the Central Government beyond their terms of
reference but not reported for approval of the State Council or the Ministry
of Finance according to state provisions, or which are not found reasonable
and should be abolished, amounting to 147 items totally (See the Appendix for
the details).

    From the date of promulgation of this Circular, these projects of funds
abolished by publishing should be stopped promptly. Other projects of funds
having been worked out by localities and departments should, if they are
analogous to these abolished by publishing in this Circular, be abolished as
well with reference to the provisions of this Circular.

    2. Each locality and each department are urged according to the
requirements of the Decision to resolutely abolish projects of funds having
been abolished by publishing in this Circular, check them item by item, and
should not refuse the fulfilment on any pretext or in disguised form.
Difficulties after the abolition of projects of funds such as deficiency of
money in undertakings should be properly overcome and tackled by localities
and departments. Citizens, legal persons and other social organizations have
the right to refuse to pay funds having been abolished.

    3. The Office of the State Council Ministry-level Joint Meeting for
Lightening Enterprises’ Burden and working organs for lightening enterprises’
burden in province, autonomous region and municipality directly under the
Central Government should organize special forces in exercising inspections on
key projects of funds having been abolished. If there is any project having
not yet been abolished or stopped according to provisions, all earnings
illegally obtained therefrom must be confiscated and handed over to the
Central Treasury; besides, persons-in-charge chiefly responsible and persons
directly responsible in localities or departments concerned shall be
investigated for responsibilities according to provisions.

    4. Each locality and each department must, in strict accordance with the
provisions of the Decision of the Chinese Communist Party Central Committee
and the State Council, submit their applications for constituting funds to the
Ministry of Finance that shall examine and decide on the cases in conjunction
with relevant departments. If the fund to be constituted is important, the
case shall be reported to the State Council for approval. Without approval of
the State Council or the Ministry of Finance together with relevant
departments, no fund can be constituted.

APPENDIX: SECOND CATALOGUE OF FUNDS (SURCHARGES, FEES) TO BE ABOLISHED

                        Projects                      
Documents as Basis

                                                            of
Levying
——————————————————————————

    1. Approved by Relevant Departments

       of the State Council
——————————————————————————
(1)   Salt Industry Production and Development      Jiaqingzi No. (89)805

      Fund
——————————————————————————
(2)   Gold Exploitation Fund                        Huangjigong
No. (89)282
——————————————————————————
(3)   Fund for Maintaining Simple Reproduction      Meicaizi No. (85)12

      in Mines
——————————————————————————
(4)   Education Fund for Real Estate and            Jianjiao
No. (94)20

      Construction
——————————————————————————
(5)   Education Fund of Ministry of Radio,          Guangfajiaozi No.
(94)547

      Film and Television
——————————————————————————
(6)   Resources Comprehensive Utilization and       Jibanziyuan No. (88)148

      Exploitation Fund
——————————————————————————
(7)   Traditional Chinese Medicinal Materials       Yiyaoliancaizi No. (83)327

      Development Fund
——————————————————————————
(8)   Science and Education Fund                    Jiaocaizi
No. (87)828
——————————————————————————

    2. Approved by Governments at Provincial

       Level and Their Departments
——————————————————————————
(9)   Surcharge for Extra Consumption              
Decree Jingzheng No. (92)17
——————————————————————————
(10)  Technology Markets Development Fund           Decree Jingzheng No.
(90)38
——————————————————————————
(11)  Supplementary Fund for Building Materials     Jingzhengfa No. (89)61

      Development
——————————————————————————
(12)  Development Fee for Advertisement             Jinzhengfa
No. (94)56

      Education Undertakings
——————————————————————————
(13)  Surcharge of Construction Units from          Jincaiyu No. (88)44

      Other Localities
——————————————————————————
(14)  Gas Production and Development Fund           Jincaiqiyi NO. (90)130
——————————————————————————
(15)  Installation Fee for New Gas Fittings         Jinjiazhongzi No. (91)160
——————————————————————————
(16)  Education Prize Fund for Urban Construction   Jinjianjiaozi No. (90)605
——————————————————————————
(17)  Gold Production and Exploitation Fund         Jizheng No. (94)83
——————————————————————————
(18)  Installation Fee for Fire Fighting            Jicaizongzi
No. (96)17

      Equipment
——————————————————————————
(19)  Fund for Storing Chemical Fertilizer          Jihuagongzi No. (89)15

      in Winter
——————————————————————————
(20)  Foreign Trade Regulation Fund                
Jinzhengfa No. (91)54
——————————————————————————
(21)  Surcharge for Urban Passenger Transport       Jinjianke No. (93)84
——————————————————————————
(22)  Adjustment Fund for Labour Insurance          Neijianshizi No. (93)550
——————————————————————————
(23)  Fund for Management of Surveying and          Neijianshizi No. (94)11

      Designing of Construction Projects
——————————————————————————
(24)  Surcharge of Civil Aviation Passenger         Liaozhengfa No. (93)51

      Transport
——————————————————————————
(25)  Surcharge of Waterway Passenger and           Liaozhengfa No. (92)74

      Cargo Transport
——————————————————————————
(26)  Fund for Development in Construction          Liaojianfa No. (90)100

      Industry by Science and Technology
——————————————————————————
(27)  Fund for Building Roads and Bridges in        Jishengjiashouhanzi

      Cities                                        No.
(95)19
——————————————————————————
(28)  Gold Exploitation Fund                        Jizhengfa
No. (95)33
——————————————————————————
(29)  Reed growing Fund                            
Jijiazi No. (94)63
——————————————————————————
(30)  Fund for the First Phase of Transformation    Jishengjiamingdian

      and Reconstruction Project in the Jilin       No. (94)14

      Heat and Power Plant
——————————————————————————
(31)  Fund for Protection and Treatment of          Jijia(94) zhongzi
No. 1

      Three Lakes on the Ronghua River
——————————————————————————
(32)  Fund for Readjusting Price in Salt            Jishengjianongzi
No. (93)8

      Industry
——————————————————————————
(33)  Fund for Key Electric Power Construction      Heizhengfa No. (91)92

      Projects
——————————————————————————
(34)  Fund for Mechanization and Development        Heizhengfa No. (90)63

      through Science and Technology in Mines
——————————————————————————
(35)  Fund for Readjusting Wholesale Discount       Heicaizongzi No. (87)69
——————————————————————————
(36)  Capacity Expansion Fee for Construction       Heicaizongzi No. (94)137

      of Roads and Bridges for Motor Vehicles
——————————————————————————
(37)  Fund for Construction of Hydroelectric        Heijigong No. (93)803

      Stations
——————————————————————————
(38)  Drainage Capacity Expansion Fee              
Huzhengfa No. (87)70
——————————————————————————
(39)  Surcharge for Extra Consumption              
Hufuban No. (87)142
——————————————————————————
(40)  Adjustment Fund for Construction              Hufuban
No. (91)104

      Enterprises from Other Localities
——————————————————————————
(41)  Electricity Transmission Fund for Poverty     Suzhengfa No. (94)46

      Relief
——————————————————————————
(42)  Technological Progress Fund                  
Suzhengfu No. (88)57
——————————————————————————
(43)  Fund for Construction of Roads across         Suzhengfa No. (91)148

      the River
——————————————————————————
(44)  Zhenjiang Expressway Construction Fund        Sucaizong No. (94)214
——————————————————————————
(45)  Suzhou Local Communications Construction      Sucaizong No. (94)210

      Fund
——————————————————————————
(46)  Yixing Traffic Infrastructure Construction    Sucaizong No. (94)217

      Fund
——————————————————————————
(47)  Wuxi County Road Infrastructure              
Sucaizong No. (94)217

      Construction Fund
——————————————————————————
(48)  Baby Bearing and Breastfeeding Fund for       Sucaizong No. (94)215

      Changzhou Woman Workers
——————————————————————————
(49)  Surcharge for Local Facilities Construction   Sucaizong No. (94)215

      in Changzhou
——————————————————————————
(50)  Fund for Transformation Project of            Sucaizong
No. (94)215

      Changzhou Railway Station
——————————————————————————
(51)  Wujin County Traffic Construction Fund        Sucaizong No. (94)215
——————————————————————————
(52)  Hai’an Agricultural Development Fund          Sucaizong No. (94)219
——————————————————————————
(53)  Fund for Construction Project of Hai’an       Sucaizong No. (94)219

      Black Road Surface
——————————————————————————
(54)  Yangzhou Capital Construction Surcharge       Sucaizong No. (94)216
——————————————————————————
(55)  Xinghua City Highway Construction Fund        Sucaizong No. (94)216
——————————————————————————
(56)  Surcharge for Additional Vehicles in          Sucaizong No. (94)212

      Huaiyin
——————————————————————————
(57)  Fund for Key Communications Construction      Sucaizong No. (94)220

      Projects in Yancheng
——————————————————————————
(58)  Special Reclamation Fund                      Zhezhengfa
No. (93)251
——————————————————————————
(59)  Expressway Construction Fund                  Zhezhengban
No. (90)1
——————————————————————————
(60)  Small Hydropower Stations Construction        Zheshuizheng No. (95)100

      Fund
——————————————————————————
(61)  Adjustment Fund for Agriculture-used          Wanzhengfa No. (92)20

      Electricity
——————————————————————————
(62)  Scientific and Technological Development      Wanzhengfa No. (92)82

      Fund for Real Estate Development
——————————————————————————
(63)  Surcharge for Waterway Transport Goods        Wanjiaocai No. (92)156
——————————————————————————
(64)  Coal Exploitation Fund                        Minzheng(87)zong
No. 372
——————————————————————————
(65)  Fund for Promoting Electricity Generation     Minzheng(91)zong No. 250

      By Electricity Generation
——————————————————————————
(66)  Loan Repayment Fund for Petroleum Equipment   Minzheng(90)ban No. 46
——————————————————————————
(67)  Highway Construction Fee for Land             Minzheng(92)zong
No. 338

      Development
——————————————————————————
(68)  Local Hydropower Stations Construction Fund   Minzheng(91)zong No. 250
——————————————————————————
(69)  Tax Sources Development Fund                  Mincaishui(93)
No. 108
——————————————————————————
(70)  Electricity Price Adjustment Fund             Minzheng(88)zong
No. 65
——————————————————————————
(71)  Surcharge of Land Use for Construction        Ganfuling No. (94)39
——————————————————————————
(72)  Coal Exploitation Fund                        Ganfufa
No. (91)40
——————————————————————————
(73)  Electricity Network Transformation Fund       Ganfufa No. (87)22
——————————————————————————
(74)  Surcharge of Electricity Fee                  Gancaigongzi
No. (79)7
——————————————————————————
(75)  Small Hydropower Stations Construction Fund   Ganfutingfa No. (89)86
——————————————————————————
(76)  Construction Fee for Fire Fighting            Ganfufu
No. (96)73

      Equipment
——————————————————————————
(77)  Surcharge on Motor Vehicles                  
Ganjiafeizi No. (90)162
——————————————————————————
(78)  Aquatic Products Development Fund             Luzhengfa
No. (88)94
——————————————————————————
(79)  Urea Adjustment Fund                          Luzhengfa
No. (84)17
——————————————————————————
(80)  Surcharge for Using Electricity              
Luzhengfa No. (93)24
——————————————————————————
(81)  Scientific and Technological Development      (88)Lukejizi No. 54

      Fund
——————————————————————————
(82)  Cement Price Adjustment Fund                  Lujiancaijizi
No. (92)141
——————————————————————————
(83)  Export Goods Development Fund                
Lujingmaocai No. (93)23
——————————————————————————
(84)  Overseas Enterprises Development Fund         Lujingmaocaizi No. (92)84
——————————————————————————
(85)  Cultural and Artistic Development Fund        Yuzheng No. (93)17
——————————————————————————
(86)  Gold Production and Exploitation Fund         Yuzheng No. (94)44
——————————————————————————
(87)  Fund for Exploitation of Bauxite and          Yuzheng No. (90)90

      Refractory Clay Resources
——————————————————————————
(88)  Scientific Research Development Fund          Ezhengfa No. (86)124
——————————————————————————
(89)  New Technology Development Fund for           Ecaigongfa No. (90)464

      Agriculture-used Telephone Service
——————————————————————————
(90)  Risk Fund for Materials Supply Enterprises    Ecaigongfa No. (91)676
——————————————————————————
(91)  Phosphorus Ore Exploitation Fund              Ecaigongfa
No. (90)478
——————————————————————————
(92)  Surcharge on Waterway Transport Goods         Ejiaocai No. (91)217
——————————————————————————
(93)  Surcharge on Waterway Passenger Service       Ejiazhongzi No. (94)31
——————————————————————————
(94)  Chemical Industry Safety Award Fund           Eshihua’an No. (87)16
——————————————————————————
(95)  Postal Service Construction and              
Ewujia No. (92)265

      Development Fund
——————————————————————————
(96)  Management Risk Fund                          Eyiqing(91)caijiazi
No. 31
——————————————————————————
(97)  (Local) Film Fund                            
Ewendian No. (91)143
——————————————————————————
(98)  Construction Fund                            
(94)xiangjiafeizi No. 307
——————————————————————————
(99)  Water Price Adjustment Fund                  
(94)xiangjiafeizi No. 307
——————————————————————————
(100) Coal Production Safety Fund                  
Xiangjiafeizi No. (94)4
——————————————————————————
(101) State-owned Forestry Price Fund               Xianglinji
No. (91)65
——————————————————————————
(102) Special Fund for Scenic Sites Development     Yuefu No. (94)63
————–

1...789...212Page 8 of 212

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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