Laws of the Guangdong Province

Provisional Rules of Shenzhen Municipality on Punishing the Working Staff of State Administrative Organ for Gambling or Taking Drugs

 (Promulgated by Shenzhen Municipal People' s Government on November 1, 1991; Promulgated again by Decree No.16 of Shenzhen Municipal People' s Government on October 21, 1993)

Article 1 In order to stop the working staff of State administrative organ from gambling or taking drugs, and punish the person gambling or taking drugs, these rules are specially formulated according to the Decision of the Standing Committee of the National People' s Congress on Drug Prohibition and the Regulations of the People' s Republic of China on Administrative Supervision.

Article 2 These rules shall be applicable to the working staff of State administrative organ and the person appointed by the government administrative organ in Shenzhen municipality (hereinafter referred to as the state administrative functionary).

Article 3 The gambling mentioned in these rules refers to the activity of using property as stake, paying the stake to the winner and with the aim of getting profits. The taking drugs mentioned in these rules refers to the activity of sucking or taking opium, morphine, heroin, bhang, or other addictive kef or psychotropic.

Article 4 Any state administrative functionary, who gambles or takes drugs, shall be imposed administrative penalty, according to these rules, besides being investigated for legal responsibilities according to law.

Article 5 Any state administrative functionary, who commits any one of the following activities, shall be imposed the administrative penalty of recording a demerit:

(1) gambling or taking drugs for the first time;

(2) providing condition or place for gambling or taking drugs for the first time;

(3) covering up or inciting the activity of gambling or taking drugs, and the circumstance is minor.

Article 6 Any state administrative functionary, who commits any one of the following activities, shall be recorded a special demerit or even be discharged from post according to the seriousness of circumstance:

(1) gambling or taking drugs for many times;

(2) covering up the activity of gambling or taking drugs and disturbing the investigation and prosecution;

(3) retaliating against the person, who reports, investigates or deals with the activity of gambling or taking drugs.

Article 7 Any state administrative functionary, who commits any one of the following activities, shall be discharged from public employment:

(1) being reeducated through labor because of gambling or taking drugs;

(2) providing condition or place for gambling or taking drugs with the aim of getting profits;

(3) gambling or taking drugs at public place, such as street, dock, station, hotel, vehicle and boat, or at the working place of government organ or company;

(4) gathering or leading a crowd to gamble or take drugs;

(5) gambling or taking drugs again or repeatedly after having been imposed administrative disciplinary measures for gambling or taking drugs;

(6) misappropriating public funds to gamble or take drugs;

(7) instigating, cajoling or coercing other person to gamble or take drugs;

(8) gambling and taking drugs.

Article 8 Any state administrative functionary, who is under any one of the following circumstances, shall be imposed a lighter penalty or be exempted from penalty:

(1)  taking the initiative to confess his act of gambling or taking drugs;

(2) gambling or taking drugs for the first time and taking the initiative to deliver over the gambling fund, gambling device or drugs;

(3) having participated in gambling or taking drugs, reporting other person' s activity of gambling or taking drugs after being educated, and performing meritorious service.

Article 9 Any leading official of government organ or unit, who gambles or takes drugs, shall be given a heavier penalty.

Any leading official of government organ or unit, who knows that his subordinate gambles or takes drugs but covers him up or leaves him on himself, shall be recorded a demerit or even be discharged form post according to the seriousness of circumstance.

Article 10 The penalty to the person gambling or taking drugs, who is appointed by non-government administrative organ, such as the municipal state enterprise and public institution, may be imposed referring to these rules.