Laws of the Guangdong Province

Decision of the Standing Committee of Shenzhen Municipal People' s Congress on Resolutely Investigating and Prosecuting the Malfeasances Concerning Obscenity, Gambling and Drugs

(Adopted at the 33rd Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on June 30, 1999,  revised at the 17th Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on April 26, 2002.)

In order to strengthen the construction of socialist spiritual civilization in this city, resolutely investigate and prosecute the malfeasances concerning obscenity, gambling and drugs, maintain the public security and social stability, and construct a socialist city ruled by law, this decision is made according to relevant provisions of law and regulations and combining with the actual circumstances of Shenzhen.

¢ñ The malfeasance concerning obscenity mentioned in this decision mainly refers to the following activities:

(1) procuring, sheltering, luring, forcing or organizing other person to engage in prostitution; 

(2) engaging in prostitution, whoring, or soliciting whoremaster at public place;

(3) manufacturing, copying, publishing, printing, smuggling, selling, or spreading obscene or pornographic goods;

(4) using international internet or telecommunications tool to spread the word or picture containing obscene or pornographic content;

(5) using recreation or service place to engage in obscene activity;

(6) engaging in other obscene activity prohibited by law or regulations.

The malfeasance concerning gambling mentioned in this decision mainly refers to the following activities:

(1) engaging in gambling operation;

(2) arranging gambling at public place;

(3) providing place, device or other convenience for gambling, with the aim of getting profits;

(4) gambling with the aim of getting profits and the amount of gambling fund is relatively large.

The malfeasance concerning drugs mentioned in this decision mainly refers to the following activities:

(1) smuggling, selling, transporting or manufacturing drugs;

(2) harboring the smuggling, selling, transportation and manufacturing of drugs;

(3) illegally holding drugs;

(4) illegally sucking or injecting drugs.

¢ò The people' s governments at all levels (hereinafter referred to as all governments), their relevant departments and the judicial organs at all levels shall resolutely implement the law and regulations, such as the Criminal Law of the People' s Republic of China, the Decision of the Standing Committee of the National People' s Congress on Prohibiting Prostitution and Whoring, the Decision of the Standing Committee of the National People' s Congress on Prohibiting Drugs and the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration, shall perform their respective functions and duties, cooperate with each other, and resolutely investigate and prosecute the malfeasances concerning obscenity, gambling and drugs according to law.

¢ó When cracking down the criminal act against public security, the public security department shall strengthen the cracking down to the malfeasances concerning obscenity, gambling and drugs. The public security department shall impose punishment, such as a fine or administrative detention, to the violator according to law, take the measures of housing and rehabilitating according to law, or adopt the compulsory measure of reeducation through labor after being approved by the municipal committee of reeducation through labor. If a crime is constituted, criminal responsibility shall be investigated.

¢ô The administrative department of industry and commerce shall strengthen the supervision and administration to the operator of recreation or service place. Any operator, who is found to engage in the illegal operation concerning obscenity, gambling or drugs, shall be imposed compulsory administrative measure and administrative penalty according to law, and shall be detained temporarily or revoked his business license according to law if the circumstance is serious.

¢õ The administrative department of culture shall strengthen the inspection and administration to recreation place and culture market. In case that the administrative department of culture finds any malfeasance concerning obscenity, gambling or drugs, which is under its administration, it shall confiscate relevant goods for operation and the illegal gains, and shall impose a fine to the violator. If the circumstance is serious, the administrative department of culture shall order the violator to suspend business for rectification or revoke his license of culture operation according to law. The administrative department of culture shall transfer the case to relevant department with jurisdiction to deal with or inform the department to deal with if the case is not under its administration.

¢ö The administrative department of medicine and sanitation shall strengthen the administration to the stupefacient and  psychotropic medicine, which can be used to manufacture drugs.

¢÷ Other relevant administrative departments shall perform their legal functions and duties, and positively cooperate in the investigation and prosecution to the malfeasances concerning obscenity, gambling and drugs.

¢ø  All the relevant departments of government shall establish and improve the responsibility system of administrative enforcement of law and the fault investigation system of law enforcement, and shall report the progress of regularly investigating and prosecuting the malfeasances concerning obscenity, gambling and drugs to the municipal government and the superior competent department.

Any relevant department of the government, which fails to perform its legal functions and duties earnestly, neglects its administration duty, or fails to effectively investigate and prosecute the malfeasance concerning obscenity, gambling or drugs, and causes bad influence or serious result, shall be imposed administrative penalty to the person directly liable or its leader in charge. Anyone, who neglects his duty and commits a crime, shall be investigated for criminal responsibility by the judicial organ according to law.

¢ù Any law enforcement officer or other working person of government organ, who plays irregularity for favoritism, violates law when enforcing the law, covers up or harbors the malfeasance concerning obscenity, gambling or drugs, provides convenience for law-violator or absolves him from guilt, shall be imposed the administrative penalty of being discharged from post or office, and shall be investigated for criminal responsibility by the judicial organ if the circumstance is serious or he conspires with the law-violator and commits a crime. 

¢ú All governments shall give full play to the functions of the organizations at basic level, shall guide, encourage and support urban residents' committees, villagers' committees and cooperative stock corporations to prevent and stop the malfeasances concerning obscenity, gambling and drugs by means of working out resident agreement and village rules.  Anyone, who makes outstanding contributions to preventing or stopping the malfeasance concerning obscenity, gambling or drugs, shall be commended and awarded.  In case that the circumstance of malfeasances concerning obscenity, gambling and drugs is serious because the unit mentioned above fails to effectively prevent or stop the malfeasances, the unit shall be circulated a notice of criticism, and that its main leading official shall be investigated for responsibility.

All governments and the organizations at basic level shall take effective measures to strengthen the supervision and control to the drug addict, and the follow-up education to the person, who has give up drug habits, to improve the effectiveness of drug detoxification, reduce the reversion rate of taking drugs and prevent the drug habits from spreading.

¢û The school and guardian shall strengthen the education and protection to the minor, take effective measures to prevent the minor from getting involved or participating in the malfeasance concerning obscenity, gambling or drugs, and from being harmed by the malfeasance.

All the relevant departments of government and the judicial organs shall impose heavier penalty according to law to the person, who lures, instigates, makes use of or coerces the minor to engage in the malfeasance concerning obscenity, gambling or drugs,.

¢ü Any operator of the recreation or service place, who engages in or provides convenience for the malfeasance concerning obscenity, gambling or drugs, and commits a crime, shall be investigated for criminal responsibility by the judicial organ according to law. In case that there is no crime constituted, relevant department shall impose administrative penalty  to the unit according to law, and impose administrative penalty or sanction to the person directly in charge and the person directly liable.

In case that the operator connives at the malfeasance concerning obscenity, gambling or drugs in his operation, relevant department shall impose administrative penalty to the unit according to law, and impose administrative penalty or sanction to the person directly in charge and the person directly liable.

The operator shall cooperate with relevant department in the law enforcement, and shall not refuse or prevent the law enforcement officer from performing his official business according to law.  Anyone, who refuses or prevent the law enforcement officer from performing his official business according to law, shall be imposed administrative penalty by relevant department according to law. Anyone, who prevent the law enforcement officer from performing his official business according to law with violence or threat and commits a crime, shall be investigated for criminal responsibility by the judicial organ according to law.

¢ú¢ó The owner of house shall not rent the house to other person for engaging in the malfeasance concerning obscenity, gambling or drugs.  In case that the lessor finds that the rented house is used in the malfeasance concerning obscenity, gambling or drugs, he shall stop the malfeasance or report to relevant department in time.

Any lessor of house, who doesn' t stop the malfeasance concerning obscenity, gambling or drugs or report to relevant department when finding the house is used in the malfeasance, shall be imposed administrative penalty by the department of public security.

¢ú¢ô Any state functionary, who participates in the malfeasance concerning obscenity, gambling or drugs, shall be imposed administrative sanction by his unit according to law, and be imposed administrative penalty by relevant department according to law. If the state functionary commits a crime, he shall be investigated for criminal responsibility by the judicial organ according to law.

¢ú¢õ All governments and their departments, and all press units of public opinion shall take various methods to strengthen the propaganda of relevant law and regulations, with the aim that the citizens can know about, understand and abide by the law, and can improve their ability of resisting obscenity, gambling and drugs consciously.

¢ú¢ö Relevant department of the government shall publicize the reporting telephone number for investigating and prosecuting the malfeasance concerning obscenity, gambling or drugs. Any unit or person, who finds the malfeasance concerning obscenity, gambling or drugs, has the right to report it to relevant department. The department, which accepts the report, shall investigate into and deal with it earnestly. If the department accepting the report finds the case is not under its administration, it shall transfer the case to the department with jurisdiction or inform the department to deal with the case, and shall inform the situation to the reporter.

Relevant department shall strictly keep secret for the reporter and resolutely crack down any activity of retaliating against the reporter.

The department, which accepts the report, may award the reporter if the report is verified to be true. The prize shall be 5 to 10 percent of the fined or confiscated money, and shall not be more than 300,000 yuan at most.

¢ú¢÷ The press unit shall strengthen the supervision of public opinion to relevant department of government on the investigation and prosecution of the malfeasance concerning obscenity, gambling or drugs.

In case that the operator' s malfeasance concerning obscenity, gambling or drugs is serious and causes bad result, relevant department may publicize the verified circumstances in news media.