Laws of the Guangdong Province

Detailed Rules for the Implementation of Rules on the Administration of People' s Travel between the Shenzhen Special Economic Zone and the Interior

(Promulgated after the revision according to Order No. 21 of the Shenzhen People' s Government of January 29, 1994, revised according to Order No. 89 of the Shenzhen People' s Government of January 26, 1999)

Chapter I General Provisions

       Article 1 These detailed rules are formulated according to Rules on the Administration of People' s Travel between the Shenzhen Special Economic Zone and the Interior (hereinafter referred to as Rules on People' s Travel).

       Article 2 The interior referred to in Rules on People' s Travel shall mean the other administrative regions under the jurisdiction of the People' s Republic of China than the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone).

      Article 3 The people traveling between the Special Zone and the interior shall abide by the laws, regulations of the state, shall not engage in illegal activities such as smuggling acts, acts against maritime regulations, and carrying contrabands, etc.

       The smuggling acts and acts against maritime regulations discovered on the control line of the Special Zone shall be turned over to the customs or the departments of public security, industrial and commercial administration to be punished according to law.

       Article 4 The "smuggling acts and acts against maritime regulations" (hereinafter referred to as "smuggling and regulation-violating acts" ) referred to in these detailed rules shall have the same meaning as that referred to in Detailed Rules of the Customs of the People' s Republic of China for Implementation of Administrative Punishments.

       Article 5 The "contrabands" referred to in these detailed rules shall mean other goods against law and regulations than the goods smuggled against regulations.

       Article 6 The people traveling between the Special Zone and the interior shall pass the checkpoints of the People' s Armed Police Forces of China (hereinafter referred to as the armed police) and the customs, and accept the inspection.

Chapter II Land Control Line

       Article 7 The land control line of the Special Zone (hereinafter referred to as the control line) shall mean the isolation facilities between the Special Zone and the interior on the land.

       The control line consists of barbed wire entanglements, patrol roads, checkpoints of highway entrances, duty rooms at the entrances of walking passage, sentry posts, communication and illumination facilities, etc.

       Article 8 Anyone shall not be allowed to enter and leave the Special Zone by crossing barbed wire entanglements, climbing an enclosure wall, or digging a tunnel, and shall not be allowed to throw or pass articles over barbed wire entanglements and an enclosure wall.

       Article 9 The patrol roads of the control line, except for those originally constructed for civil use, shall be used by the personnel and vehicles on duty for the control line administration, the other personnel and vehicles shall not be allowed through without approval.

       Article 10 If the vehicle of a unit which does not engage in the administration has to use a patrol road, it shall hold Vehicle Pass for the Patrol Roads of the Control Line issued by the municipal department in charge of ports. If the vehicles of the departments of public security and justice need to pass a patrol road to carry out the task of law enforcement, they may do so by producing valid certificates for carrying out a task and identification cards.

       Article 11 The sphere within 20 meters on both sides of a patrol road shall be the buffer zone for duty execution in which neither house nor other buildings shall be allowed to be constructed by any unit and individual, and no operation to damage the roadbeds, barbed wire entanglements and other facilities of the control line such as digging ditches, excavating earth, etc. shall be allowed. In case of violation of the above-mentioned rules, demolition shall be enforced, and a fine of less than 2,000 RMB shall be imposed as well.

       Article 12 If there is a need to open a quarry, blow up stone and earth within 500 meters on the both sides of the control line, it shall be approved by an office authorized by the municipal government.

       As for those whose operation or quarry opening to blow up stone and earth are approved, they shall bring the approval document of the office authorized by the municipal government to a detachment of the armed police for registration and record. The operations such as quarrying, etc. shall not damage the facilities of the control line and endanger the safety of the personnel on duty.

       Article 13 Any unit and individual shall not take away a part of reinforcing bar and iron wire, tether draught animals, ted and dry articles, stir the slurry of clay and sand, park vehicles at the various facilities of the control line, and engage in other activities which do damages to the facilities and obstruct discharging duties.

       Article 14 Anyone who damages any facilities, equipments of the control line shall promptly repair and restore them according to the original standards or make a compensation for the cost.

       As for those who intentionally damage facilities, equipments, a fine of less than 2,000 RMB may be imposed in addition to an order of prompt repairing and restoring or making a compensation for the cost. If circumstances are serious, the criminal responsibility shall be investigated into according to law.

       Article 15 If the personnel on duty of the armed police and the departments of public security and border defense encounter violent threat or armed resistance in their execution of duties, they may take measures for self-defense according to the related laws of the state.

Chapter III Highway Entrances, Wharves, Special Passages and Bicycle Passages

       Article 16 According to Article 8 of Rules on People' s Travel, the persons traveling between the Special Zone and the interior shall hold valid certificates and accept the inspection when they enter and leave the Special Zone through the highway entrances and wharves, special passages and bicycle passages of the control line.

       Any person without valid certificate shall not enter the Special Zone, stay at a check place to interfere with the personnel on duty in executing their official duties, any unit and individual shall not obstruct the personnel on duty to execute their official duties at a check place.

       The check place referred to in the previous section shall mean all the check spots within 50 meters from the gate of a passage entrance of a checkpoint and within the limits of a checkpoint.

       Article 17 Anyone shall not fabricate a fake certificate or use a fake certificate to enter and leave the Special Zone.

       Fabricating a fake certificate or using a fake certificate referred to in the previous section shall include fabricating certificates, altering certificates, or taking off and changing photos, and using the above-mentioned certificates or other people' s certificates.

       Article 18 Anyone shall not use the means of transport such as a motor vehicle or a non-motor vehicle, etc. to hide and cover the persons without certificate and bring them to the Special Zone, and shall not resort to other means for the same purpose.

       The personnel on duty shall not use any means on any excuse to bring the persons, vehicles, and boats without certificate to the Special Zone.

       The persons without certificate in the previous sections shall mean those persons who have no certificates which are listed in Rules on People' s Travel for entering the Special Zone.

       Article 19 Except for the vehicles used to execute the official duties of the administration of the control line, all other vehicles shall enter and leave the Special Zone through the checkpoint at a highway entrance. When entering and leaving the Special Zone, vehicles shall obey the direction of the armed police and the personnel of the Customs, accept the inspection and go through the designated passages.

       When commercial passenger vehicles and non-commercial passenger vehicles with more than 5 passengers go through a checkpoint, drivers and passengers shall be inspected separately. Passengers shall get off their vehicles and go to a certificate-verifying hall to accept the inspection and get past.

       When freight vehicles and passenger vehicles with less than 4 (including 4) passengers go through a checkpoint, drivers and passengers shall accept the inspection together and get past at the vehicle passage of the checkpoint.

       The passengers of the commercial passenger vehicles, freight vehicles, and non-commercial vehicles taking a ferry between Shenzhen and Zhuhai shall be inspected separately from drivers.

       When a freight vehicle passes a checkpoint and the customs, it shall choose a freight passage or non-freight passage according to whether it is loaded with goods or not. If a vehicle chooses a non-freight passage, it shall be regarded as a declaration to the customs that there are no goods in the vehicle.

       Article 20 The ships traveling between the Special Zone and the interior by sea shall accept the inspection at the checkpoints of the maritime armed police and the customs.

       Article 21 The persons traveling between the Special Zone and the interior by sea shall enter and leave the Special Zone at the wharves where an office of border defense inspection and the customs are located and accept the inspection there, those who have not valid certificates to go to the Special Zone shall not be allowed to land and enter the Special Zone.

       Article 22 The ships traveling between the Special Zone and the interior shall have passengers boarding and disembarked, be loaded and unloaded at the designated wharves according to Articles 5, 6 of Rules on People' s Travel, shall not have passengers boarding and disembarked, be loaded and unloaded at the other places of the coast and riversides of the Special Zone. The ships entering and leaving the Special Zone shall accept the inspection of the departments of public security and border defense and the customs, if there is any illegal act, it shall be punished according to law.

       Article 23 At the railroad freight station within the Special Zone, only the maintenance personnel of a train and escorts of goods shall be allowed to get on or get off the train, other persons shall not be allowed to enter the Special Zone by taking a freight train at a railroad freight station.

       When a freight train is loaded or unloaded to enter or leave the Special Zone, the contractor to ship goods shall make a declaration to the customs 24 hours before starting the shipment, the customs shall conduct an inspection and then let the train go, if there is any illegal act, it shall be handled by the customs according to law.

       Article 24 Any person riding a bicycle as the means of transport shall enter and leave the Special Zone through the bicycle passage of a checkpoint, and accept the inspection.

       The amount of the special goods of the Special Zone to be carried by a bicycle out of the Special Zone shall be limited to that for personal use and reasonable consumption.

Chapter IV Crossing the Control Line and Going to Sea for Production by Residents

       Article 25 The residents on the both sides of the control line and nearby shall obtain Certificate of the Shenzhen Special Economic Zone for Crossing the Control Line to Engage in Production according to the needs of production, enter and leave the Special Zone through designated walking passages, and shall not use such certificates at the entrances of non-designated passages.

       Article 26 Certificate of the Shenzhen Special Economic Zone for Crossing the Control Line to Engage in Production shall not be loaned to others, and shall not be fabricated, altered.

       If anyone violates the previous section, the violator' s certificate shall be taken away and this person shall not be allowed to enter the Special Zone. If the circumstances are serious, the violator shall be handed over to the department of public security for punishment according to law.

       Article 27 When residents cross the control line for farming, they shall enter and leave during the time set by the duty room at a walking passage, and accept the inspection of certificates, articles, and motor-vehicles conducted by the armed police on duty.

       If anyone refuses to accept the inspection and goes through a passage by force, it shall be dealt with according to the related rules of Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.

       Article 28 If any persons from the interior rent the farmland or ponds of the residents on the both sides of the control line for farming or are employed by these residents to do farming there, they shall bring their Pass for the Region under the Border Control of the People' s Republic of China and their identification certificates to the township government of the place where they rent the farmland or ponds and are employed to apply for the certificates to cross the control line, obtain Certificate of the Shenzhen Special Economic Zone for Crossing the Control Line to Engage in Production, and enter and leave the Special Zone through designated walking passages.

       Article 29 When the fishermen and oyster-fishers of the Special Zone go to sea for production, they shall report on the spot to the duty office of the detachment of the armed police or local police station at a designated wharf, and accept the inspection of their certificates, articles, and ships conducted by the personnel on duty.

Chapter V Units on the Control Line

       Article 30 The units on the control line shall mean those enterprises and institutions such as factories, farms, tourist places, etc. whose personnel and goods need to enter and leave the Special Zone through the passages of the control line.

       Article 31 The isolation facilities between the units on the control line and the interior shall be part of the control line, no passage shall be allowed to open to the interior over there.

       At the entrance to a road leading to the Special Zone from a unit on the control line, there shall be a guard on duty who is responsible for the inspection of personnel, goods, and means of transport when they are entering and leaving the unit.

       Article 32 The units on the control line shall set up their own public security organizations on the full-time basis, whose personnel' s selection and removal shall be reported to a detachment of the armed police in charge of the administration of the control line and a local office of public security for record.

       Article 33 The public security organization of a unit on the control line shall maintain and manage the isolation facilities between the unit and the interior according to Rules on People' s Travel and these detailed rules. Within the limits of the unit, the person concerned who violates Rules on People' s Travel and these detailed rules may be handed over to a local office of public security for punishment according to law on the basis of specific circumstances.

       Article 34 The armed police in charge of the administration of the control line shall keep in touch with the public security organizations of the units on the control line in their work and cooperate with them closely.

 If a case of law-breaking such as serious smuggling, etc takes place within the limits of a unit on the control line because there is no strict administration, the entrance to the road leading to the Special Zone from this unit may be closed temporarily, the armed police shall, jointly with an office of public security, undertake the rectification concerning the public security administration of the unit. Only after the rectification meets the requirements, shall the entrance be open again.

       Article 35 The isolation facilities between a unit on the control line and the interior shall be kept in good shape. If there is any damage, it shall be promptly reported to the armed police in charge of the administration of the control line, and the repair shall be done by the unit within 48 hours. Before the repair is done, there shall be full-time personnel to keep watch day and night.

Chapter VI Legal Liabilities

       Article 36 In case of violation of Article 8 of these detailed rules, the following punishments shall be imposed respectively:

(1)   the person crossing barbed wire entanglements and climbing an enclosure wall shall be imposed on a fine of 500 RMB and handed over at the same time to an office of public security for punishment according to law;

(2)   the person digging a tunnel shall be ordered to restore the original state, imposed on a fine of 500 RMB, and handed over at the same time to an office of public security for punishment according to law;

(3)   as for throwing or passing articles over barbed wire entanglements, an enclosure wall, the articles which are thrown or passed shall be confiscated, if there is an act to violate regulations such as smuggling or other illegal act, the customs or an office of public security shall punish according to law.

Article 37 In case of violation of Article 10 of these detailed rules, a fine of less

than 500 RMB may be imposed.

       Article 38 In case of violation of Article 12 of these detailed rules and continuance of operation after dissuasion, a fine of less than 2,000 RMB shall be imposed, the party concerned may be handed over to the office of public security for punishment according to law.

       Article 39 In case of violation of Article 13 of these detailed rules and failure to accept dissuasion, a fine of more than 200 but less than 1,000 RMB shall be imposed.

      Article 40 In case of violation of the second section of Article 16 of these detailed rules and failure to accept dissuasion, the following punishments shall be imposed respectively:

(1)   the person selling goods and obstructing the execution of duties shall be imposed on a fine of less than 2,000 RMB;

(2)   the person stirring up trouble and interfering with the personnel on duty in doing their job shall be handed over to the office of public security for punishment according to law.

Article 41 In case of violation of Article 17 of these detailed rules, the certificates

shall be confiscated, the entry to the Special Zone shall not be allowed, and the following punishments shall be imposed on respectively:

(1)   the person carrying a fake certificate shall be imposed on a fine of 200 RMB,  as for the person who provide an accurate clue about the fabrication of the certificate, a fine shall be reduced to half of 200 RMB, the person who fabricates the certificate shall be punished by the department of public security according to law;

(2)   the person who alters a certificate, assumes another' s name, or takes off and changes a photo shall be imposed on a fine of 100 RMB.

Article 42 In case of violation of Article 18 of these detailed rules by bringing

the people without certificate to the Special Zone, a fine of 1,000 RMB shall be imposed on the violator for each time to bring one person to the Special Zone.

       Article 43 In case of violation of the first section of Article 19 of these detailed rules by rejecting the inspection, refusing to produce a certificate, passing a checkpoint by force when driving a motor-vehicle through this checkpoint, it shall be regarded as the act of smuggling against regulations, or shipping contrabands, or bringing the people without certificate, coercive measures may be taken for intercept, and a fine of less than 2,000 RMB shall be imposed, if the circumstances are serious or contrabands are found, the office of public security shall impose punishments according to law; if smuggling against regulations is found, the customs shall punish according to law.

       In case of violation of the first section of Article 19 of these detailed rules by failure to follow a designated lane, a stipulated speed, and directions when driving a motor-vehicle at a passage of the control line of the Special Zone, a fine of less than 500 RMB shall be imposed; if the circumstances are serious or there is an accident, the department of traffic control shall punish according to law.

       Article 44 In case of violation of the sixth section of Article 19 of these detailed rules, the customs of the control line of the Special Zone shall punish according to the related stipulations of Customs Law of the People' s Republic of China.

       Article 45 In case of violation of Article 20 of these detailed rules by failure to obey the inspection or by escape from the inspection, coercive measures may be taken for intercept, and a fine of less than 2,000 RMB shall be imposed, if the circumstances are serious or contrabands are found, the office of public security shall punish according to law; if an act of smuggling against regulations is found, the customs shall punish according to law.

       Article 46 In case of violation of Article 22 of these detailed rules, a fine of less than 1,000 RMB shall be imposed and the department of traffic control shall punish according to law; if contrabands are found, the office of public security shall punish according to law; if an act of smuggling against regulations is found, the customs shall punish according to law.

       Article 47 In case of violation of Article 31 of these detailed rules, a fine of less than 2,000 RMB shall be imposed on the unit' s legal representative, if the circumstances are serious or an act of smuggling is constituted, the administrative unit of the control line may close the entrance of the road leading to the Special Zone from this enterprise.

Chapter VII Supplementary Provisions

       Article 48 Unless there are other stipulations, the units to impose punishments according to these detailed rules shall be various inspection units and duty units in charge of the administration of the control line of the Special Zone.

       The offices of public security, the customs, and the departments of industrial and commercial administration shall deal with the related illegal acts according to the related laws.

       All the punishments referred to in these detailed rules which are imposed by the offices of public security for the illegal acts concerning the control line of the Special Zone shall be handled by the local police stations of the checkpoints of the control line of the Special Zone.

       Article 49 The fine or property which are imposed or confiscated according to these detailed rules shall be registered as a special item, a fine ticket or a certificate of confiscated property uniformly printed by the Shenzhen Municipal Department of Finance shall be issued to the party concerned.

       The property confiscated according to these detailed rules shall be auctioned by the Personal Property Auction Firm of the Shenzhen City which is entrusted by the Shenzhen Municipal Department of Finance.

       All the fund coming from the fines or the proceeds from auction shall be handed over to the Shenzhen Municipal Department of Finance unless there are other stipulations in the law of the state.

       Article 50 If a party concerned who has been punished refuses to accept the decision of punishment, an application for administrative review may be filed or a legal action may be taken at the people' s court according to the related stipulations of Regulations of the People' s Republic of China on Administrative Reconsideration and Administrative Litigation Law of the People' s Republic of China.

       Article 51 These detailed rules shall take effect as of April 1, 1992. Detailed Rules for Implementation of the Rules on the Administration of People' s Travel between the Shenzhen Special Economic Zone and the Interior promulgated on March 22, 1986 and Measures of the Shenzhen Municipality on the Punishment of Bringing the People without Certificate to the Special Zone promulgated on May 12, 1990 shall be abolished at the same time.

       The revision of this document which has been done according to Order No. 82 of the Shenzhen Municipal People' s Government of January 26, 1999 is as follows:

       Article 37 is revised as: in case of violation of Article 10 of these detailed rules, a fine of less than 500 RMB may be imposed.

       Article 40 is revised as: in case of violation of the second section of Article 16 of these detailed rules and failure to accept dissuasion, the following punishments shall be imposed respectively:

(1)   the person selling goods and obstructing the execution of duties shall be impose on a fine of less than 2,000 RMB;

(2)   the person stirring up trouble and interfering with the personnel on duty in doing their job shall be handed over to the office of public security for punishment according to law.

Article 42 is revised as: In case of violation of Article 18 of these detailed rules by