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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE REVISION OF THE REGULATIONS ON ADMINISTRATIVE PENALTIES FOR PUBLIC SECURITY

Category  PUBLIC SECURITY Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In Force
Date of Promulgation  1994-05-12 Effective Date  1994-05-12  

Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Regulations of the People's Republic of China on Administrative Penalties for Public Security(appendix: the First Revision of the Regulations of the People's Republic of China on Administrative Penalties for Public Security)




Appendix: REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATIVE
Contents
Chapter I  General Provisions
Chapter II  Types and Application of Penalties
Chapter IV  Ruling and Enforcement
Chapter  Supplementary Provisions

(Adopted at the Seventh Meeting of the Standing Committee of the Eighth

National People's Congress on May 12, 1994 and promulgated by Order No.24 of
the President of the People's Republic of China on May 12, 1994)

    The Seventh Meeting of the Standing Committee of the Eighth National
People's Congress has decided, after the deliberation on the proposal
submitted by the State Council regarding the Supplementary Provisions for the
Regulations of the People's Republic of China on Administrative Penalties for
Public Security (Draft), to make the following revisions to the Regulations of
the People's Repulic of China on Administrative Penalties for Public Security:

    1.Item (5) of Article 19 shall be amended as: "inciting disturbances of
the public order by fabricating or distorting facts, intentionally spreading
rumours or by other means;"

    2.Item (2) of Article 20 shall be amended as: "making, selling, storing,
transporting, carrying or using dangerous objects, in voilation of regulations
concerning the control of dangerous objects such as explosives, deadly
poisons, combustibles and radioactive elements, but not having caused serious
consequences enough for criminal punishments;"

    3.Amendments shall be made to Article 24 as follows:

    a.Item (1) thereof shall be amended as: "knowingly concealing, destroying
or transferring stolen goods but not serious enough for criminal punishment,
or knowingly buying stolen goods;"

    b.Item (4) thereof shall be amended as: "disturbing public order,
endangering public interests, damaging others' physical health or swindling
property by way of superstitious sects and secret societies and feudal
superstition activities, when circumstances are not serious enough for
criminal punishment;"

    c.A new item shall be added thereto as Item (6): "pretending to be a
social organization to carry on relevant activities without registration, or
still assuming the name of a social organization to carry out activities where
its registration has been revoked or where it has been dissolved or banned by
order, in violation of regulations concerning the registration of social
organizations but not serious enough for criminal punishment;"

    d.A new item shall be added thereto as Item (7): "committing the acts
violating laws, administrative regulations and provisions of the public
security department under the State Council concerning supervision and
control, by those criminals or offenders who are serving their terms outside
prison under the criminal punishment of public surveillance or deprivation of
political rights, or under the probation of suspension of sentence or parole,
or under medical treatment on parole, or under other conditions, or by those
who are restrained by cirminal compulsory measures, when a new crime has not
been constituted;"

    e.A new item shall be added thereto as Item (8): "posing as a state
functionary in order to practise fraud, when circumstrances are not serious
enough for criminal punishment."

    4.A new paragraph shall be added to Article 31 as paragraph 2: "Whoever
transports, deals in, stores or uses poppy shells illegally shall be detained
for a maximum of fifteen days and may be fined simply or concurrently a
maximum of three thousand yuan, in addition to seizure on his poppy shells
such transported, dealt in, stored or used; criminal responsibility shall be
investigated if the actions constitute a crime."

    This Decision shall come into effect as of the date of promulgation.

    The Regulations of the People's Repulic of China on Administrative
Penalties for Public Security shall be republished after being correspondingly
amended according to this Decision.
Appendix: REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATIVE
PENALTIES FOR PUBLIC SECURITY (the First Revision)

    (Adopted at the 17th Meeting of the Standing Committee of the Sixth
National People's Congress on September 5, 1986, and revised in accordance
with the Decision on the Revision of the Regulations of the People's Republic
of China on Administrative Penalties for Public Security adopted at the 7th
Meeting of the Standing Committee of the Eighth National People's Congress on
May 12, 1994)
Contents

    Chapter I  General Provisions

    Chapter II  Types and Application of Penalties

    Chapter III  Acts Violating the Administration of Public Security and
Penalties

    Chapter IV  Ruling and Enforcement

    Chapter V  Supplementary Provisions
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purpose of
strengthening the administration of public security, maintaining social order
and public safety, protecting the lawful rights of citizens and guaranteeing
the smooth progress of the socialist modernization.

    Article 2  Whoever disturbs social order, endangers public safety,
infringes upon a citizen's rights of the person or encroaches upon public or
private property, if such an act constitutes a crime according to the Criminal
Law of the People's Republic of China, shall be investigated for criminal
responsibility; if such an act is not serious enough for criminal punishment
but should be given administrative penalties for public security, penalties
sball be given according to these Regulations.

    Article 3  These Regulations shall apply to acts violating the
administration of public security within the territory of the People's
Republic of China, except when otherwise stipulated by law.

    These Regulations shall also apply to acts violating the administration
of public security aboard ships or airborne vehicles of the People's Republic
of China.

    Article 4  ln dealing with those who violate the administration of public
security, public security organs shall adhere to the principle of combining
education with punishment.

    Article 5  Acts caused by civil disputes which violate the administration
of public security, such as brawling and damaging or destroying another
person's property, if the adverse effects are minor, may be handled by public
security organs through mediation.
Chapter II  Types and Application of Penalties

    Article 6  Penalties for acts violating the administration of public
security are divided into three types as follows:

    (1) warning;

    (2) fine, ranging from a minimum of one yuan to a maximum of two hundred
yuan. In cases where Articles 30, 31 and 32 in these Regulations stipulate
otherwise, such provisions shall be observed; or

    (3) detention, ranging from a minimum of one day to a maximum of fifteen
days.

    Article 7  Property obtained and contraband seized through acts violating
the administration of public security shall be returned to the owner or
confiscated according to relevant provisions. Instruments belonging to the
offender used in acts violating the administration of public security may be
confiscated according to relevant provisions. Detailed measures shall be
stipulated separately by the Ministry of Public Security.

    Article 8  When losses or injuries are caused by acts violating the
administration of public security, the offender shall compensate for the loss
or bear the medical expenses; if the offender is not an able person or is a
person of limited ability, unable to compensate for the loss or bear the
medical expenses, his guardian shall make the compensation or bear the medical
expenses according to law.

    Article 9  Acts violating the administration of public security committed
by a person between fourteen and eighteen years of age shall be given
relatively light penalties; acts vilolating the administration of public
security committed by a person under fourteen shall be exempted from
penalties, but a reprimand may be given and his guardian shall be instructed
to subject the offender to strict discipline.

    Article 10  A mentally disordered person who violates the administration
of public security at a time when he is unable to account for or to control
his own conduct shall not be penalized, but his guardian shall be instructed
to keep a strict guard on him and subject him to medical treatment. An
intermittently insane person who violates the administration of public
security while in normal mental condition shall be punished.

    Article 11  A deaf-mute or blind person who violates the administration of
public security owing to his physiological defects shall not be penalized.

    Article 12  An intoxicated person who violates the administration of
public security shall be penalized.

    An intoxicated person who may cause danger to himself or who threatens the
safety of others owing to his drunken state shall be restrained until he
returns to a sober state.

    Article 13  If a person commits two or more acts violating the
administration of public security, rulings shall be made separately but
executed concurrently.

    Article 14  When acts violating the administration of public security are
committed jointly by two or more persons, they shall be penalized separately
according to the seriousness of each person's case.

    Whoever instigates, coerces or induces others to violate the
administration of public security shall be penalized according to the
seriousness of the act he instigates, coerces or induces.

    Article 15  For acts violating the administration of public security
committed by government offices, organizations, enterprises or institutions,
penalties shall be given to the persons directly responsible; if the acts are
committed at the order of persons in charge of units, such persons shall be
penalized at the same time.

    Article 16  Penalties for acts violating the administration of public
security shall be mitigated or exempted under any of the following
circumstances:

    (1) the adverse effects are extremely minor;

    (2) when those responsible voluntarily admit their mistakes and correct
them in time;

    (3) when those responsible were coerced or induced by others.

    Article 17  Heavier penalties shall be given for acts violating the
administration of public security under any of the following circumstances:

    (1) when acts have caused relatively serious consequences;

    (2) when those responsible coerce or induce others or instigate persons
under the age of eighteen to violate the administration of public security;

    (3) when those responsible take revenge on the informants or witnesses;

    (4) when those responsible have been repeatedly punished and refuse to
amend.

    Article 18  Acts violating the administration of public security shall not
be penalized if they have not been discovered by the public security organs
within six months.

    The period of time mentioned in the paragraph above shall be counted from
the day the acts violating the administration of public security are committed
or from the day the acts stopped if they are continuous or continuing acts.

    Chapter III  Acts Violating tbe Administration of Public Security and
Penalties

    Article 19  Whoever commits one of the following acts disturbing public
order, if it is not serious enough for criminal punishment, shall be detained
for a maximum of fifteen days, fined a maximum of two hundred yuan or given a
warning:

    (1) disturbing the public order of government offices, organizations,
enterprises or institutions, making it impossible for the work, productive or
business operations, medical care, teaching or scientific research to go on
smoothly but not having caused serious losses;

    (2) disturbing the public order of stations, wharves, civil airports,
markets, bazaars, parks, theatres, entertainment centres, sports grounds,
exhibition halls or other public places;

    (3) disturbing the public order of buses, trolleybuses, trains, ships and
other public transit vehicles;

    (4) gang-fighting, instigating quarrels, taking liberties with women or
other indecent behaviour;

    (5) inciting disturbances of the public order by fabricating or distorting
facts, intentionally spreading rumours or by other means;

    (6) making false reports of dangerous situations and fomenting chaos;

    (7) refusing or obstructing state personnel who are carrying out their
functions according to law, without resorting to violence and threat.

    Article 20  Whoever commits one of the following acts impairing public
security shall be detained for a maximum of fifteen days, fined a maximum of
two hundred yuan or given a warning:

    (1) carrying or keeping firearms or ammunition, or committing other acts
in violation of firearms control regulations, but not serious enough for
criminal punishment;

    (2) making, selling, storing, transporting, carrying or using dangerous
objects, in voilation of regulations concerning the control of dangerous
objects such as explosives, deadly poisons, combustibles and radioactive
elements, but not having caused serious consequences enough for criminal
punishments;

    (3) illegally manufacturing, selling or carring daggers, knives with three
edges, switchblades or other types of controlled knives;

    (4) running hotels, restaurants, theatres, entertainment centres, sports
grounds, exhibition halls or other public places for mass gatherings in
violation of safety provisions and refusing to improve after notification by
the public security organs;

    (5) organizing mass gatherings, exhibitions, fairs, or other public
activities in the fields of culture, entertainment, or sports without
appropriate safety precautions and refusing to improve after notification by
the public security organs;

    (6) violating safety regulations concerning ferry boats and ferries and
refusing to improve after notification by the public security organs;

    (7) rushing to board a ferry despite dissuasion, causing tbe ferry boat to
be overloaded or forcing the pilot to navigate under dangerous conditions in
violation of safety regulations, when circumstances are not serious enough for
criminal punishment;

    (8) digging holes, placing obstacles, damaging, destroying or removing
markers on railways, highways, navigation routes or dams which may affect safe
traffic and transportation, when circumstances are not serious enough for
criminal punishment.

    Article 21  Whoever commits one of the following acts impairing public
security shall be fined a maximum of two hundred yuan or given a warming:

    (1) establishing or using a civilian shooting range not in accordance with
safety regulations;

    (2) installing or using electrified wire-nettings without approval, or not
in accordance with safety regulations, without having caused grave
consequences;

    (3) when setting up a construction site in a place where vehicles and
pedestrians pass, installing no covers, signs or fences for pits, wells,
ridges and holes, or intentionally damaging, destroying, or removing covers,
signs and fences.

    Article 22  Whoever commits one of the following acts infringing upon a
citizen's rights of the person, but not serious enough for criminal
punishment, shall be detained for a maximum of fifteen days, fined a maximum
of two hundred yuan or give a warning:

    (1) striking another person, causing slight injury;

    (2) illegally limiting others' personal freedom or illegally breaking into
others' houses;

    (3) openly insulting other persons or fabricating stories to slander other
persons;

    (4) maltreating family members, when tbe victims thereof ask for
disposition;

    (5) threatening others' safety or disturbing others' normal lives by
writing letters of intimidation or by other methods;

    (6) coercing or inveigling a person under the age of eighteen to give
frightening or cruel performances, ruining the person's physical aad mental
health;

    (7) hiding, destroying, discarding or illegally opening another person's
postal articles or telegrams.

    Article 23  Whoever commits one of the following acts encroaching upon
public or private property, but not serious enough for criminal punishment,
shall be detained for a maximum of fifteen days, given a warning or fined
simply or concurrently a maximum of two hundred yuan:

    (1) stealing, swindling or seizing a small amount of public or private
property;

    (2) starting a riot to seize state-owned, collective-owned and private
property;

    (3) extorting or demanding with menace public or private property;

    (4) intentionally damaging public or private property.

    Article 24  Whoever commits one of the following acts impairing the
administration of social order shall be detained for a maximum of fifteen
days, fined a maximum of two hundred yuan or given a warning:

    (1) knowingly concealing, destroying or transferring stolen goods but not
serious enough for criminal punishment, or knowingly buying stolen goods;

    (2) illegally dealing in train tickets, ship tickets, admission tickets
for theatrical performances or sports games or other tickets or certificates,
when circumstances are not serious enough for criminal punishment;

    (3) taking opium or injecting morphine and other drugs in violation of the
government's prohibition;

    (4) disturbing public order, endangering public interests, damaging
others' physical health or swindling property by way of superstitious sects
and secret societies and feudal superstition activities, when circumstances
are not serious enough for criminal punishment;

    (5) driving others' motor vehicles without permission;

    (6) pretending to be a social organization to carry on relevant activities
without registration, or still assuming the name of a social organization to
carry out activities where its registration has been revoked or where it has
been dissolved or banned by order, in violation of regulations concerning the
registration of social organizations but not serious enough for criminal
punishment;

    (7) committing the acts violating laws, administrative regulations and
provisions of the public security department under the State Council
concerning supervision and control, by those criminals or offenders who are
serving their terms outsider prison under the criminal punishment of public
surveillance or deprivation of political rights, or under the probation of
suspension of sentence or parole, or under medical treatment on parole, or
under other conditions, or by those who are restrained by cirminal compulsory
measures, when a new crime has not been constituted;

    (8) posing as a state functionary in order to practise fraud, when
circumstrances are not serious enough for criminal punishment.

    Article 25  Whoever commits one of the following acts, from item one to
item three, impairing the administration of social order, shall be fined a
maximum of two hundred yuan or given a warning; anyone committing acts covered
in items four through seven shall be fined a maximum of fifty yuan or given a
warning:

    (1) hiding, not reporting, and not handing in to the state cultural relics
discovered underground, in internal waters, in territorial waters or other
places;

    (2) accepting orders to engrave official seals in violation of
administrative provisions, but not having caused serious consequences;

    (3) deliberately defacing and damaging cultural relics, scenic spots or
historic relics, under protection of the state, and damaging or destroying
sculptures in public places, when circumstances are not serious enough for
criminal punishment;

    (4) deliberately damaging, destroying or removing without approval street
nameplates or traffic markers;

    (5) deliberately damaging, destroying steet lamps, postboxs, public
telephone booths or other public facilities, when circumstances are not
scrious enough for criminal punishment;

    (6) damaging lawns, flowers, shrubs and trees in violation of relevant
regulations;

    (7) operating acoustic equipment in cities and towns at too high a volume
in violation of the relevant regulations, disturbing the neighbouring
residents' work or rest, and refusing to stop such acts.

    Article 26  Whoever commits one of the following acts, from item one to
item four, violating fire control shall be detained for a maximum of ten days,
fined a maximum of one hundred yuan or given a warning; anyone committing acts
in items five to eight shall be fined a maximum of one hundred yuan or given a
warning:

    (1) smoking and using open fire in places where there are combustibles and
explosive devices, in violation of the prohibitions;

    (2) deliberately blocking the passage of fire engines or fire boats, or
disturbing order at the scene of a fire, when circumstances are not serious
enough for criminal punishment;

    (3) refusing to follow the instructions of the commander at the scene of a
fire and hindering fire fighting and rescue work;

    (4) causing fire by negligence, but not having caused serious damage or
injury;

    (5) instigating or coercing others to work at risk of causing fire in
violation of safety measures against fire, but not having resulted in serious
consequence;

    (6) occupying fire prevention belts, putting up shelters, building houses,
digging trenches or building walls blocking the passage of fire engines in
violation of the safety measures against fire;

    (7) burying, enclosing or damaging and destroying fire-fighting facilities
such as fire hydrants, water pumps, water towers, cisterns, or using such
instruments and equipment for other purposes, and refusing to correct such
acts after being informed by the public security organs;

    (8) being in serious potential danger of fire, but refusing to take
corrective measures after notification by the public security organs.

    Article 27  Whoever commits one of the following acts, from item one to
item six, in violation of traffic regulations shall be detained for a maximum
of fiftcen days, fined a maximum of two hundred yuan or given a warning;
anyone committing acts in items seven to eleven shall be fined a maximum of
fifty yuan or given a warning:

    (1) misappropriating, borrowing or lending vehicle licence plates or a
driver's licence;

    (2) driving a motor vehicle without a licence or in an intoxicated
condition, or lending a vehicle to a person who drives without a driving
licence;

    (3) blocking traffic by rallying or demonstrating in cities, violating
relevant regulations in disregard of police directions;

    (4) deliberately intercepting or boarding vehicles by force or impeding
the normal operation of vehicles in disregard of dissuasion;

    (5) deliberately passing through an area when passage is forbidden in
express terms by public security organs at or above the county level, in
disregard of dissuasion;

    (6) violating traffic regulations so as to cause traffic accidents, when
circumstances are not serious enough for criminal punishment;

    (7) driving motor vehicles not examined or sanctioned by traffic
administration organs;

    (8) driving motor vehicles with parts not up to safety requirements;

    (9) driving motor vehicles after drinking alcoholic liquor;

    (10) instigating or coercing drivers to violate traffic regulations;

    (11) blocking traffic by putting up shelters, building houses, setting up
stalls, piling up goods or conducting other operations without approval of the
appropriate department.

    Article 28  Whoever commits one of the following acts in violation of
traffic regulations shall be fined a maximum of five yuan or given a warning:

    (1) driving a motor vehicle in violation of stipulations concerning
loading and speed or in violation of directions indicated by traffic signs and
signals;

    (2) breaking of traffic regulations by non-motorized vehicle users or
pedestrians;

    (3) parking vehicles in places where parking is forbidden in express terms
by traffic administration organs;

    (4) illegally installing or using special sirens or signal light equipment
in motor vehicles.

    Article 29  Whoever commits one of the following acts, from item one to
item three, in violation of residence control or administration of resident
cards shall be fined a maximum of fifty yuan or given a warning; whoever
commits an act in item four or item five shall be fined a maximum of one
hundred yuan or given a warning:

    (1) failing to register for residence or apply for a resident card
according to regulations, in disregard of the notice of the public security
organs;

    (2) faking a residence registration or assuming another person's residence
registration or resident card;

    (3) deliberately altering a residence certificate;

    (4) failing to register hotel guests according to regulations;

    (5) failing to report and register lodgers according to regulations in
letting a house or bed to another person.

    Article 30  Prostitution, whoring, pandering or housing prostitution or
whoring with a prostitute is strictly forbidden. Whoever breaks the above ban
shall be detained for a maximum of fifteen days, given a warning, made to sign
a statement of repentance or given re-education through labour according to
regulations, and may be concurrently fined a maximum of five thousand yuan.
Criminal responsibility shall be investigated if the actions constitute a
crime.

    Whoring with a girl under the age of fourteen shall be dealt with as rape
according to the provisions of Article 139 of the Criminal Law.

    Article 31  Planting opium poppy and other raw narcotics in violation of
government decrees is strictly forbidden. Whoever violates the above decree
shall be detained for a maximum of fifteen days and may be fined simply or
concurrently a maximum of three thousand yuan, in addition to having his opium
poppy and other narcotic plants rooted out; criminal responsibility shall be
investigated if the actions constitute a crime.

    Whoever transports, deals in, stores or uses poppy shells illegally shall
be detained for a maximum of fifteen days and may be fined simply or
concurrently a maximum of three thousand yuan, in addition to seizure on his
poppy shells such transported, dealt in, stored or used; criminal
responsibility shall be investigated if the actions constitute a crime.

    Article 32  The following acts are strictly forbidden:

    (1) gambling or facilitating gambling;

    (2) making, duplicating, selling, lending or distributing pornographic
books, pictures, videotapes or other pornographic objects.

    Whoever commits one of the above acts shall be detained for a maximum of
fifteen days, fined simply or concurrently a maximum of three thousand yuan or
given re-education through labour according to regulations. Criminal
responsibility shall be investigated if the actions constitute a crime.
Chapter IV  Ruling and Enforcement

    Article 33  Penalties for acts violating the administration of public
security shall be ruled on by the city or county public security bureaus or
sub-bureaus or public security organs equivalent to the county level.

    Warnings and fines of a maximum of fifty yuan can be ruled on by local
police stations; in rural areas where there is no local police station, the
pople's government of a township or town can be entrusted with the ruling.

    Article 34  Warnings and fines of a maximum of fifty yuan involving
persons who violate the administration of public security, or fines exceeding
fifty yuan with no objections from the offenders, may be imposed on the spot
by the public security officials.

    Other penalties for persons who violate the administration of public
security shall follow the following procedures:

    (1) Summons. A summoning warrant shall be issued by a public security
organ when it is necessary to summon an offender. A peron discovered
committing an offense may be summoned verbally. Whoever refuses to be summoned
or avoids summons without good reasons shall be summoned compulsorily.

    (2) Interrogation. Whoever violates the administration of public security
should honestly answer to the interrogation by public security organs. A
written record of the interrogation should be made. After checking the record
and finding no mistake, the person interrogated shall sign or seal the written
statement, and the interrogator shall also sign the same document.

    (3) Obtaining evidence. Active support and cooperation shall be rendered
by the departments and citizens concerned to the public security organs in the
course of obtaining evidence. Honest statements shall be given by witnesses
during the inquiry, and written statements shall be made, which shall be
signed or sealed by the witnesses after checking and finding no error.

    (4) Ruling. A ruling shall be made according to relevant provisions of
these Regulations if the facts of violating the administration of public
security are obvious and evidcnce is comfirmed after interrogation and
investigation.

    A written ruling on the punishment should be made and declared to the
offender immediately. Three copies of such a ruling shall be made and
distributed to the offender himself, his work unit and the local police
station of his permanent abode. The enforcement of the ruling shall be
assisted by his work unit and the local police station.

    (5) After being summoned to the public security organ, the offender should
be interrogated and investigated promptly. The time of interrogation and
investigation shall not exceed twenty-four hours in complicated cases subject
to detainment according to these Regulations.

    Article 35  Whoever shall be detained should receive the penalty in a
specified detention house over a specified time. Compulsory detainment shall
be used against one who resists enforcement of the punishment.

    During the time of detention the detainee's food costs shall be paid by
himself.

    Article 36  A fine shall be paid by the offender on the spot to the public
security officials or paid to the appointed public security organs within five
days after receiving the notice of fine or written ruling. Failure to pay a
fine in time without good cause shall be punished by an addition of one to
five yuan per day. Whoever refuses to pay a fine shall be detained for a
maximum of fifteen days and shall still be subject to the fine.

    Receipt for payment of a fine shall be given to the offender by the public
security organ or officials as soon as the fine is received.

    The entire fine shall be delivered to the state treasury.

    Article 37  A receipt shall be given to the offender after the penalty of
confiscation is enforced by the ruling organs. All the property confiscated
shall be delivered to the state treasury. Property stolen, robbed, swindled,
or extorted, with the exception of contraband, shall be returned according to
law to the original owners, to be located within six months.

    Article 38  Whoever is required by a ruling to make reparations for loss
or to bear medical cost shall deliver the cost to the organ making the ruling
for transmission within five days after receiving the written ruling. Payments
by instalments may be accepted if the amount is large. In case the offender
denies responsibility, the organs making the ruling shall notify his work unit
to deduct the reparations from his salary or retain his property to be
converted into payment.

    Article 39  If an offender or victim protests the ruling of the public
security organ or the people's governments of townships or towns, he may
petition the public security organs at the next higher level within five days
after receiving the notice, and the public security organs at the next higher
level shall make a new ruling within five days after receiving the petition.
Whoever protests the ruling of the public security organ at the next higher
level may file suit with the local people's court within five days after the
notice.

    Article 40  The original ruling shall continue to be executed during the
time a petition or suit against the penalty for violating the administration
of public security is taking place.

    In case a guarantor can be found or bail bas been paid according to
regulations by the detainee or his family, the original ruling can be
suspended temporarily during the time a petition or suit is taking place. When
the ruling is revoked or starts to be enforced, the bail shall be returned
according to regulations.

    Article 41  In implementing these Regulations, the public security
officials should strictly abide by laws and disciplines and impartially
implement the provisions, allowing no favouritism or fraudulent practices. It
is forbidden to beat or abuse, mistreat or insult the offender. An
administrative disciplinary sanction sball be incurred against those who break
the above mentioned provision. If such actions constitute a crime, criminal
responsibility shall be investigated.

    Article 42  The public security organs shall admit their mistakes to those
who are punished by mistake and return fines and confiscated property; in case
the legal rights and interests of those who are so punished have been
infringed upon, the loss shall be compensated for.
Chapter  Supplementary Provisions

    Article 43  In numerical phrases containing the words "for a minimum of",
"for a maximum of" or "within"  used in these Regulations, the indicated
numbers are understood to be included in the time limit.

    Article 44  The enforcement measures for dealing with acts violating
traffic regulations shall be formulated separately by the State Council.

    Article 45  These Regulations shall go into effect on January 1, 1987. On
the same day, the Regulations of the People's Republic of China Concerning
Administrative Penalties for Public Security, promulgated on October 22, 1957,
shall be invalidated.


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