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Order of the Shenzhen Municipal People' s Government
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(No. 142)
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Provisional
Measures of the Shenzhen Municipality on the Protection of Electric Power Facilities and the Cracking Down
on the Acts to Steal Electric Power was adopted at the 148th
Executive Meeting of the Third Session of the Municipal Government, is now promulgated, and shall take effect as of
June 1, 2005.
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Li Hongzhong
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Mayor
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April 30, 2005
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Provisional Measures of the
Shenzhen
Municipality
on the Protection of Electric Power Facilities and the Crackdown on the Acts to Steal Electric Power
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Chapter I General Provisions
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Article 1 In order to guarantee the smooth progress of electric power production and construction, maintain the order to supply and use
electric power, and protect the legal rights and interests of electric power investors, operators and users, these measures
are hereby formulated in accordance with the related
laws, regulations of the state and in the light of the practical
conditions of the Shenzhen Municipality.
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Article
2 Electric power facilities shall be protected by the laws of the state.
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It shall
be prohibited for any unit and individual to do damage to the safety of electric power facilities or to illegally
seize, use electric power.
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Article
3 The Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) shall establish a leading organization
for the protection of electric
power facilities and the crackdown on the acts to steal electric power that conducts
centralized direction and coordination of the protection of electric power facilities and the
crackdown on the acts
to steal electric power within the administrative areas of this municipality. Its main duties are as follows:
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(1)
to study and lay out the tasks of the protection of electric power facilities and the crackdown on the acts to steal electric power
in this city;
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(2)
to determine the responsibilities and relations of the related departments in the protection of electric power facilities and the
crackdown on
the acts to steal electric power, and to coordinate among them;
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(3)
to commend, award the units and individuals distinguished themselves by their achievements in the protection of electric power facilities
and the
crackdown on the acts to steal electric power.
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Article 4 The municipal, district departments of trade and
industrial
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administration (hereinafter referred to as the departments of power administration)
shall be responsible for the day-to-day
work of the leading organizations for the protection of electric power facilities and the crackdown on the acts to steal electric
power
within their respective administrative areas, draw up and put into execution the responsibility systems for the
protection of electric power facilities and the crackdown on the
acts to steal electric power, adopt the effective measures
to protect electric power facilities and electric power, stop, investigate and punish, according to law, the illegal
acts to sabotage electric power facilities and to steal electric power.
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The
public security offices shall be responsible for dealing with the cases of the sabotage of electric power facilities
and the larceny of equipments of electric power facilities
and electric power by investigation.
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The
departments of planning, industrial and commercial administration, comprehensive law enforcement of urban management,
etc. shall, according to their respective duties, cooperate
with each other, maintain the order of electric power supply,
investigate and punish the illegal acts to sabotage electric power facilities and to steal electric power.
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Article
5 The municipal government shall set up a management office for the protection of electric power facilities and the crackdown on the
acts to steal electric power (hereinafter
referred to as the office of power management) that is responsible for the
maintenance of electric power facilities, safety of power lines, and order of power use, accepts the
authorization from
the departments of power administration or the related administrative departments to stop, according to law, the
acts to damage electric power facilities and power lines and to illegally seize and use electric power, and imposes
disciplinary sanctions.
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Article
6 The power supplying enterprises shall strengthen their work in the protection of electric power facilities and the crackdown on the
acts to steal electric power. They shall
have the right to stop the acts of damaging the safety of electric power facilities
and illegally seizing and using electric power or to ask the related responsible
administrative departments and judicial
offices to deal with these acts according to law, and enjoy the rights to claim the restitution of the original state, compensation
for
the losses, removal of the hindrance, recovery of electricity fees and charge for using electric power in breaking
a contract.
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Article
7 When a power supplying enterprise is conducting regular or irregular inspections of the power consumption in its supplied area according
to the related rules of the state
and the contract of power supply and use, the power consumption inspectors shall not
be less than 2 persons, and they shall show their certificates for inspection of power
consumption; a user shall cooperate
and shall not refuse, obstruct an inspection.
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The power
consumption inspectors of a power supplying enterprise shall be reported to a department of power administration
for record.
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Article
8 Any unit and individual shall have the obligation to protect electric power facilities and electric power and the right to stop the
acts of damaging, sabotaging the
electric power facilities and stealing the electric power equipments, electric power,
and to report to a department of power administration or the office of power management, a
public security office.
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Chapter II Protection of Electric Power Facilities
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Article 9 The determination of the scope and areas of electric power facilities protection shall be done strictly according to Regulations
on the Protection of Electric Power Facilities and its detailed rules on implementation.
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Within an
area of electric power facilities protection determined according to law, any unit and individual shall not
construct buildings, structures which might endanger the safety of
electric power facilities, shall not plant trees,
bamboos or high-stem plants endangering the safety of electric power facilities, and shall not pile articles which might
endanger the safety of electric power facilities.
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In case
of emergency such as natural disasters or sudden occurrences seriously endangering the safety of electric power
facilities, etc., a power supplying enterprise may take action
first to deal with the trees, bamboos endangering the
safety of electric power facilities and then report it to the related department and go through the formalities after the
event.
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Article
10 The distance between an aerial power line and a tree shall meet the safety requirements. In terms of the vertical distance from the
nadir of an arc line and the inclining
distance with the strongest wind, the safety distance between the cable of an
aerial power line and a tree shall be as follows:
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Voltage
Inclining Distance Vertical Distance
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with Strongest Wind
from Nadir of Arc
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35-110
kilovolts 3.5 meters
4.0 meters
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154-220
kilovolts 4.0 meters
4.5 meters
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330
kilovolts 5.0 meters
5.5 meters
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500
kilovolts 7.0 meters
7.0 meters
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Article
11 If a construction project of aerial power lines has been approved by the municipal department of planning, the power line construction
unit shall notify the department of
gardening and afforesting or the owners of the related forests and trees to trim
the trees affecting the safe operation of the aerial power lines 15 days ahead of the date when
the power lines are
officially put to use. If trimming has not been done after the deadline, the power line construction unit may do trimming itself.
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The
department of gardening and afforesting or the owners of the related forests and trees shall be responsible for ensuring
that the distance between the tips of trees as a final
result of natural growth and the cables of power lines meet the
safety distance requirements. If the actual distance does not meet the safety distance requirements, a power
supplying
enterprise may, after notifying the department of gardening and afforesting or the owners of forests and trees, trim the trees according
to the prescribed safety
distance.
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Article
12 If trees have to be planted, according to the requirements of the plan of urban afforestation, in a protection area which already
has aerial power lines constructed, the
department of gardening and afforestation shall consult with a power supplying
enterprise and may plant dwarf trees after the enterprise has agreed, the department of gardening
and afforestation
shall be responsible for trimming in order to ensure that the distance between the tips of trees as a final result of natural growth
and the cable of power
lines meet the safety distance requirements.
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Article
13 Any unit or individual shall not take the following acts to damage the facilities of electric power lines:
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(1)
shooting the facilities of electric power lines;
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(2)
throwing objects to the cables of power lines;
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(3)
flying a kite in a place within 300 meters from both sides of the cable of power lines;
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(4)
connecting an electric equipment to the cable of power line without authorization;
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(5)
climbing a power line tower or set up power lines, communication lines, broadcasting lines, and install speakers on the tower without
authorization;
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(6)
using a power line tower, draglines as a dragging ground anchor for lifting;
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(7)
tying livestock to, hanging objects on , making crops climbing along a power line tower and draglines;
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(8)
excavating the soil, piling, drilling, digging or dumping acid, alkali, salt and other harmful chemicals within the prescribed area
as the base
of a power line tower and draglines;
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(9)
building a road within a power line tower (not including the area between two power line towers) or between a power line tower and
draglines;
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(10)
dismounting the equipments from a power line tower and draglines, removing and damaging the permanent signs or signboards;
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(11)
other acts stipulated by the laws, regulations.
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Article 14 It shall be strictly prohibited to illegally sell,
purchase the equipments
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of electric power facilities.
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When a
unit is selling the equipments of electric power facilities, scrapped electric-power metal materials, the sales
agent shall hold a letter of introduction from the unit and the
resident ID certificate, the letter of introduction
shall clearly indicate the source, quantity, specifications, etc. of the equipments of electric power facilities, scrapped
electric-power metal materials; when an individual is selling the equipments of electric power facilities, scrapped electric-power
metal materials, the resident ID certificate
shall be presented.
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When
retrieving the equipments of electric power facilities, scrapped electric-power metal materials, a purchasing unit
shall keep the letter of introduction from the selling unit on
file, record the number of the resident ID certificate
of the sales agent and the source, quantity, specifications, etc. of the equipments of electric power facilities, scrapped
electric-power metal materials in order to make them available if a public security office needs to verify them in its investigation
into the related cases.
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Chapter III Crackdown on the Acts to Steal Electric Power
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Article 15 Any unit and individual shall not steal electric power by any means, shall not abet, instigate, coerce or aid other people to
steal electric power, and shall not produce, sell or use the special devices of electric larceny.
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Article
16 Stealing electric power referred to in these measures shall mean the following acts for the purpose of illegally seizing and using
electric power without measurement or
with reduced measurement:
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(1)
connecting to the power supplying, power using facilities of a power supplying enterprise or other units and individuals to use electric
power
without authorization;
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(2)
using electric power by bypassing a device to measure the amount of used electric power;
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(3)
using electric power by forging or opening the legal seal of a device to measure the amount of used electric power;
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(4)
using electric power by intentionally damaging a device to measure the amount of used electric power;
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(5)
using electric power by making a device to measure the amount of used power to have inaccurate measurement or to be out of order;
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(6)
using electric power by installing a device of electric larceny;
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(7)
adopting other methods to steal electric power.
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Article 17 If a power consumption inspector of a power supplying
enterprise
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finds out in an inspection that a user has taken the act to steal electric power or
is suspected of stealing electric
power, the scene shall be protected and a report shall be filed to the power supplying enterprise immediately, the power supplying
enterprise
shall ask a department of power administration or the office of power management to investigate and deal
with the case, or report the case to a public security office.
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In case
of finding the act to steal electric power on the scene, a power consumption inspector shall stop it, make a
written note on the inspection of power use, and keep evidence. If it
is necessary, the power consumption inspector
may collect the related evidence according to law by videotaping, taking photos, keeping the device of electric larceny on the
scene, etc.
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Article
18 When a power supplying enterprise suspends its power supply to stop the acts to steal electric power according to the related rules
of Law
of the People' s Republic of China on Electric Power, Law of the People' s Republic of China on Contracts and the regulations of the power supply sector, the following requirements shall be satisfied:
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(1)
a written notice shall be sent in advance to the users whose power supply is going to be suspended;
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(2)
necessary prevention measures shall be adopted to avoid the serious loss of equipments and personal injuries;
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(3)
there is neither adverse effect on the public interests of society nor damage to the public safety;
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(4)
there is no adverse effect on other users for their normal use of electric power.
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If a user raises an objection against suspension of power
supply by a power
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supplying enterprise for electric larceny, a complaint may be filed to a department
of power administration. The department
of power administration receiving the compliant shall investigate and deal with the case promptly, and make a decision of whether
to
resume power supply within 3 business days.
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Article
19 If there is one of the following situations, a power supplying enterprise shall resume power supply to the related users within 24
hours:
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(1)
the users whose power supply is suspended have stopped the act to steal electric power and taken the responsibility by making up a
deficiency in
payment for electricity fees and by paying the fees for the electric power used in breaking a contract;
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(2)
the user whose power supply is suspended has provided a proper security according to Law of the People' s Republic of China on Contracts;
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(3)
a department of power administration has made a decision to resume power supply.
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If a power supplying enterprise cannot resume power supply
according to the
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rules in the preceding section because of the problems of the power supply system,
it shall make an explanation to the
users and notify them simultaneously of the time to supply electric power.
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Article
20 If users believe that their legal rights have been encroached upon because of the acts to seal electric power, a report may be filed
to a department of power
administration, the office of power management for investigation and settlement or the case
may be reported to a public security office.
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Article
21 A department of power administration shall accept a case of stealing electric power if it is one of the following cases, and assign
a person or authorize the office of
power management to investigate and deal with the case promptly:
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(1)
the case reported by a user or an insider;
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(2)
the case which a power supplying enterprise asks to investigate and deal with;
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(3)
the case handed over by a department of power administration at a higher level;
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(4)
the case transferred from other departments.
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As for a major case of stealing electric power referred to in
the preceding
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section, a department of power administration may inform the departments of public
security, quality and technology supervision
and the office of power management immediately, the related departments and offices shall send their personnel to form a joint
special group for this case to conduct investigations.
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Article
22 If facts are clear and circumstances are light in an accepted case of stealing electric power, a department of power administration
may make a decision on disciplinary
sanctions on the scene according to law; if the circumstances are complicated and
need to be investigated and confirmed, a decision on whether to place the case on file for
investigation shall be made
in 7 days from the date of accepting the case; if a decision is made to place the case on file for investigation, the following settlement
decisions
shall be made within 30 days from the date of placing the case on file:
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(1)
if facts are not clear, evidence is not enough or reporting is not true, the case shall be withdrawn;
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(2)
if facts are clear and evidence is solid, a decision of disciplinary sanction shall be made according to law;
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If a case is not placed on file or a case is withdrawn, a
department of power
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administration shall notify the party concerned in writing and explain the reason.
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Article
23 If a case of suspicion of committing to a crime has been found in the process of investigation and punishment of the acts to steal
electric power, the case shall be
transferred to a public security office for settlement according to Rules on the Transfer of the Cases of Suspicion of Committing to a Crime
by an Administrative Law Enforcement Office.
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Article
24 The amount of stolen electric power shall be calculated by the office of power management according to the following methods:
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(1)
in case of stealing electric power in the way listed in Item (1) of Article 16 of these measures, the amount shall be: the specified
capacity
(kilovolt-ampere is equivalent to kilowatt) of the connected equipment multiplied the actual time of power
use;
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(2)
in case of stealing electric power in the ways listed in Items from (2) to (7) of Article 16 of these measures, the amount of stolen
electric
power shall be: the capacity (kilovolt-ampere is equivalent to kilowatt) corresponding with the specified maximum
electric current ( if there is a current limiter installed, the
current shall be calculated as the one fixed by the
limiter) of the electric meter multiplied the actual time of power use; if electric power is stolen through a mutual
inductance device, the amount of stolen electric power shall be multiplied by the corresponding multiplication factor of the mutual
inductance device;
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(3)
the amount of stolen electric power shall be determined by the recorded amount of electric power on the legal evidence materials in
writing
provided by the related departments.
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If the time of stealing electric power cannot be ascertained,
the days of stealing
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electric power shall be calculated as 180 days. The time of stealing electric power
per day shall be calculated as 12
hours for power users and 6 hours for lighting users.
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Article
25 The charge of stolen electric power shall be calculated as the amount of stolen electric power determined according to the rules in
the preceding section multiplied the
price of electric power of the catalogue approved by the department of price administration
at the time.
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Chapter IV Awards and Punishments
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Article 26 The departments of power administration shall direct power supplying enterprises to establish publicly a system of awards and
punishments for the strike on the larceny of electric power facilities and the crackdown on the acts to steal electric power,
and give material awards to the units and
individuals distinguishing themselves by achievements.
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In
addition to giving the material awards according to the rules referred to in the preceding section to those units
or individual making great contributions to the protection of
electric power facilities and the crackdown on the acts
to steal electric power, the departments of power administration, public security offices, or municipal government may
also, according to their respective authorities, give them commendations or honorary awards.
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Article
27 In case of violation of the related rules of Law of the People' s Republic of China on Electric Power, Regulations
on the Protection of Electric Power Facilities by damaging electric power facilities or their construction, a department of power administration shall impose penalties
according to law.
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In case
of damage to electric power facilities as a result of violation of the related rules of Law of the People' s Republic of China on Electric
Power, Regulations on the Protection of Electric Power Facilities and these measures, a compensation shall be made for the direct
economic loss according to law; if there are the losses
of property and personal injuries of other units or citizens, the responsible persons shall be held liable for
compensation
according to law.
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Article
28 If the rules in Item (2) of Article 9, Article 13 of these measures are violated, but there is no damage to electric power facilities,
a department of power administration
shall stop the violation and order correction by a deadline. In case of refusal
to correct non-business acts, a fine of less than 200 RMB may be imposed on a citizen, a fine of
less than 1,000 RMB
may be imposed on a legal representative or other organizations; in case of refusal to correct business acts, a fine of 1 to 3 times
of illegal earnings may
be imposed, a fine of less than 10,000 RMB may be imposed when there is no illegal earnings.
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Article
29 In case of violation of Article 14 of these measures by illegally purchasing or selling the equipments of electric power facilities,
scrapped electric-power metal
materials, a public security office shall impose penalties according to the related rules.
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Article
30 If the act to steal electric power has been verified and the circumstances are too light to constitute a crime, a department of power
administration shall order stopping
the illegal act, recover the electricity fees and impose a fine of less than 5 times
of the electricity fees payable; if a crime is constituted, the criminal responsibility shall
be ascertained according
to Article 264 of Criminal Law of the People' s Republic of China.
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If it is
a unit that has stolen electric power, in addition to the penalties referred to in the preceding section, the
responsible department at a higher level shall impose disciplinary
sanctions on the directly responsible chief officer
and other responsible persons.
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In case
of abetting, instigating, coercing or aiding other people to steal electric power, a penalty shall be imposed
according to the first section.
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Article
31 In case of production and sale of special devices to steal electric power, a public security office shall order stopping the illegal
acts, confiscate the illegal earnings
and the devices to steal electric power along with their production equipments,
and impose a fine of more than 5,000 but less than 30,000 RMB.
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Article
32 If the act to steal electric power has caused the damage to the facilities of power supply and power use or led to the stop of power
supply for other users, the person
stealing electric power shall be held liable for the repair expenses and the compensation
for the direct loss of the power supplying enterprise and other users. In case of
causing personal injuries, the responsibility
for compensation shall be taken according to law.
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Article
33 In case of insult, beat, revenge or obstruction of the personnel of electric-power administrative law enforcement and the power consumption
inspectors in their execution
of duties, a public security office shall inflict a punishment according to Regulations of the People' s Republic of China on Punishment in
Public Order and Security Administration if a public security penalty should be imposed.
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Article
34 If a power supplying enterprise, in violation of Articles 18, 19, has failed to notify users before suspension of power supply or
to suspend power supply according to
procedures, or to resume power supply for users within a prescribed time limit
and caused the economic loss to users, the enterprise shall be held liable for compensation
according to law.
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Article
35 If a department of power administration or a power supplying enterprise has made a mistake in determining the act to steal electric
power, correction and apology shall be
made promptly; if damage has been done to the party concerned, the responsibility
for compensation shall be taken according to law.
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Article
36 A department of power administration may authorize the office of power management to impose disciplinary sanctions for the acts to
damage electric power facilities, power
lines and to illegally seize, use electric power.
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Article
37 If the personnel of the related administrative departments of governments or the power consumption inspectors of power supplying enterprises
practice favoritism and engage
in irregularities, neglect duties, and abuse power, the related units shall impose disciplinary
sanctions.
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Chapter V Supplementary Provisions
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Article 38 These
measures shall take effect as of
June 1, 2005
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