AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> CIRCULAR OF THE STATE COUNCIL ON BANNING THE TRADE OF RHINOCEROS HORN AND TIGER BONE

[Database Search] [Name Search] [Noteup] [Help]


CIRCULAR OF THE STATE COUNCIL ON BANNING THE TRADE OF RHINOCEROS HORN AND TIGER BONE

Category  FOREIGN TRADE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-05-29 Effective Date  1993-05-29  

Circular of the State Council on Banning the Trade of Rhinoceros Horn and Tiger Bone





(May 29, 1993)

    Rhinoceros and tiger are the wild animals on the brink of
extinction under the special protection in the world. They are
listed into the species of Annex I of the Convention on
International Trade of Species of Wildlife on the Brink of
Extinction signed by our country. In accordance with the relevant
stipulations of the Law of the People's Republic of China on
Protection of Wildlife, of the Regulations for the Implementation
of the People's Republic of China on the Protection of Terrestrial
Wildlife and of the Convention on International Trade of Species
of Wildlife on the Brink of Extinction, this Circular is
issued for the purpose of protecting the rare species in the world
and reiterating the banning of all trade activities of rhinoceros
horn and tiger bone:

    1. It is strictly forbidden to import or export rhinoceros horn
or tiger bone (including those identifiable parts or medicine, crafts
or other such products containing their ingredients, the same below).
No unit or individual may transport, carry or send by post the
rhinoceros horn or tiger bone into or out of the territory. In the
case of using with the indication in characters "rhinoceros horn"
and "tiger bone" on the packing of commodities, the commodities
shall be treated as those containing the rhinoceros horn and tiger
bone without exception.

    2. Selling, purchasing, transporting, carrying and sending by
post the rhinoceros horn and tiger bone shall be prohibited. With
respect to reserve of rhinoceros horn and tiger bone, the unit
concerned must check up promptly, register and seal up for
safekeeping again, and take care of them appropriately. The owner
thereof shall make an accurate declaration to the competent
departments of forestry administration at provincial level or their
designated unit. The competent departments of forestry
administration at provincial level or their designated unit must
compile the information on the reserve of rhinoceros horn and
tiger bone into book form, and submit it to the State Office for the
Administration of the Import and Export of Species on the Brink of
Extinction for the record.

    3. The medicinal standards for rhinoceros horn and tiger bone
shall be abolished. From now on, rhinoceros horn or tiger bone
shall not be used in making medicine anymore. With respect to the
produced medicaments with set prescription of traditional Chinese
medicine containing the ingredient of rhinoceros horn and tiger
bone, they must be sealed within six months as of the date of the
promulgation of this Circular and be prohibited from selling.

    4. The state encourages the medicinal development and research
for the substitute of rhinoceros horn and tiger bone, and
actively propagate and spread the researching achievement. Where
using rhinoceros horn and tiger bone is necessary for studying of
substitute of rhinoceros horn and tiger bone or other special
purposes, the unit concerned must be approved by the Ministry of
Public Health in advance, submit to the Ministry of Forestry for
file, and be subject to the supervision and inspection by the
competent departments of forestry administration in localities.

    5. Anyone who violates the stipulations of this Circular to sell,
purchase, transport, carry and send by post rhinoceros horn and
tiger bone, shall be investigated and handled by the State
Administrative Department for Industry and Commerce and the
Customs of the People's Republic of China according to law. If
constituting a crime of speculation or smuggling, the violator
shall be prosecuted for the criminal liability according to law
by the judicial organ. The rhinoceros horn and tiger bone thus
confiscated shall, in accordance with the relevant provisions, be
transmitted to the competent departments of forestry administration
above the county level in localities to be disposed of.

    6. This Circular shall enter into force on the date of
promulgation. In the event of any conflicts between this
Circular and other relevant provisions promulgated before, this
Circular shall prevail.



AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/cotscobttorhatb696