Laws of the Guangdong Province

Administrative Rules of Shenzhen Special Economic Zone on the Port Area of Exit and Entry

(Promulgated by Decree No.16 of Shenzhen Municipal People' s Government on October 21,1993, revised in accordance with Decree No.135 of Shenzhen Municipal People' s Government on August 26,2004)

Article 1 These rules are formulated in order to strengthen the administration to the port of Shenzhen Special Economic Zone (hereinafter referred to as "the special zone" )£¬coordinate the work of all port departments, maintain the public order and security of the sites of exit and entry, maintain the legal rights and interests of people entering or leaving the country, ensure the government functionaries of port administration to carry out their duties according to law, and guarantee the port to be safe and unobstructed.

Article 2 The "port area" mentioned in these rules refers to the land-way port area, including the land-way administrative area and site.

The scope of port administrative area shall be designated by the port office of Shenzhen municipal people' s government jointly with relevant department, be examined and verified by Shenzhen municipal people' s government, and be approved by Guangdong provincial people' s government. The boundary mark shall be erected to mark the scope of port administrative area.

Article 3  The port administrative area shall be supervised and controlled by the frontier inspection station. The port' s parking and checking places for freight shall be under the customs' supervision and control, and be administrated by the customs and the service organ of port administration. The public order and security of the roads and places connecting the port shall be administrated by the port' s public security department. Other administrative departments of port business shall undertake their functions and duties respectively.

The public security case, criminal case or traffic accident, which occurs in the port area, shall be dealt with by the port' s public security department and the traffic department. Other administrative departments of port business shall cooperate and assist actively.  The port' s public security department shall accept and deal with the misfeasor that is accused, reported, or seized and delivered by the administrative department of port business or by the masses, and the person surrendering himself to justice. 

Article 4 The port leading department of Shenzhen municipal people' s government shall be the department in charge of administrating and coordinating the administration work of all the ports in the Special Zone.

Article 5 The port leading department shall exercise the following main authorities:

(1) in charge of administrating the port of the special zone;

(2) coordinating the work among all the administrative departments of port business;

(3) coordinating the working time for external service of all the business departments of port;

(4) taking provisional measures and carrying out centralized command when emergency situation occurs in the port area.

Article 6  All the administrative departments of port business shall carry out the provisional measures adopted by the port leading department according to the Item 4, Article 5 of these rules.

Article 7 Anyone, who wants to enter or leave the country, shall abide by the laws and regulations of the People' s Republic of China and relevant rules made by the administrative department of port business according to law, obey the administration and shall not hinder or obstruct the state functionary from implementing his functions and duties.

Article 8 No one may make petition, parade, hold demonstration, gang up to fight, stir up fight and cause trouble, or disrupt the public order to hinder the administration to the port' s public security.

Article 9 The driver and passenger of the transportation vehicle, which is in the port area of exit and entry, shall abide by the command of the port business department, and shall not park the vehicle at the place not for parking.

The public security department may adopt measures to compulsorily pull way the vehicle, which is not parked according to the regulations, or may cause traffic jam because it stops on the road due to malfunction. No one may hinder or disturb the compulsory pulling. The expenses arise from the compulsory pulling shall be paid by the violator. 

Article 10 It is forbidden in the port area to speculate in foreign exchange, speculate in goods for importation or exportation, operate without license, peddle goods, force person to get on bus, force to carry passenger' s luggage or beg along the street. 

Article 11  The administrative department of port business and administrative staff shall enforce law impartially and maintain the legal rights and interests of people entering or leaving the country.

Article 12 The administrative department of port business shall laid down the working procedure and time for providing external service according to the working requirements and specific situation, publicize the working procedures and time in the Shenzhen Special Zone Daily and post them at the places of exit and entry 10 days before their implementation.

Article 13  The administrative department of port business shall charge various inspection and quarantine fees according to law, publicize the charging standards in the Shenzhen Special Zone Daily and post them at the places of exit and entry 5 days before their implementation.

Article 14 The charging standards of service fees collected by the service organ of port shall be approved by the price department of industry and commerce, and may not be raised without authorization.  .

Article 15 The administrative staff of the administrative department of port business shall wear specified uniform and carry his employee' s card when implementing his duties.

The employee of the port' s service organ shall carry his employee' s card and the certificate, which is signed and issued by the frontier inspection station, and accept the examination by the person on duty when entering the administrative area of port to work.

Article 16 In case that the administrative department of port business or its state functionary, the port' s service organ or its employee neglects his duties or commits misfeasance, the person entering or leaving the country and the domestic citizen may complain or report to relevant department of the municipal government. The department shall investigate and deal with the complaint or report in time according to law, and inform the dealing result to the complainer or reporter.

Article 17 Anyone, who enters or leaves the country in violation of Article 7, 8, 9 or 10 of these rules, may be punished by the public security department according to relevant regulations of the Constitution of the People' s Republic of China, the Regulations of the People' s Republic of China on Punishments in Public Order and Security Control, the Regulations of the People' s Republic of China on Traffic Control, and shall be investigated for criminal responsibility according to law if the circumstance is serious and his act constitutes a crime.

Article 18 The price department of industry and commerce shall order the administrative department of port business, which doesn' t charge fees according to the standards stipulated in Article 13 of these rules, to return the overcharged money and investigate the administrative responsibility to the person directly liable and the leader of relevant department.  

Article 19 The price department of industry and commerce shall order the service organ of port, which violates the provisions of Article 14 or these rules, to return the overcharged money, and may fine the organ or revoke its business license according to relevant regulations.

Article 20 The administration to the second-class port (loading place, starting place for shipping, place for small trade and place for the trade with Taiwan) and the inspection station area in the special zone may be carried out referring to these rules.