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Provisional Rules of the Shenzhen Municipality on the
Punishments on the Violation of Discipline by the Public
Employees Abroad or out of the Border
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(Promulgated
by the Shenzhen Municipal People' s Government on June 18, 1992
and re-promulgated
by Order No. 16 of the Shenzhen Municipal
People' s Government on October 21, 1993) |
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Article 1 In order to
correctly and promptly deal with the issue of violation of
discipline by the public
employees of this municipality going
and staying abroad or out of the border, these rules are hereby
formulated in accordance with the related law, regulations of
the state. |
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Article 2 These
rules shall apply to the acts taken by the public employees of
this municipality when they
are going and staying abroad or out
of the border. |
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Article 3 In
case of taking one of the following acts, a sanction of
discharge from public employment shall
be imposed: |
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(1)
being engaged in the activities for the purpose of
opposing and overthrowing the Chinese government; |
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(2)
bringing the confidential documents to seek refuge with a
foreign agency or an agency of Hong Kong, Macao and Taiwan; |
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(3)
seeking refuge with and participating in the reactionary
organizations and groups which regard the People' s Republic
of
China as their enemy; |
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(4)
refusing to return in order to avoid punishments after
violating the criminal law of the state by embezzling, bribing,
defrauding, smuggling, and other acts; |
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(5)
going abroad or out of the border through illegal
channels or in an illegal way. |
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Article 4 If
a runaway person is not willing to return after going abroad or |
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out
of the border or has failed to return after staying abroad or
out of the border beyond the prescribed
time, but has not taken
the acts referred to in Article 3 of these rules, the person
shall be dealt
with as those voluntarily leaving their job or
the person' s name shall be removed from the rolls after the
person still has not returned 45 days after the deadline. |
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Article 5 If a
runaway person has stayed abroad or out of the border beyond the
prescribed time, but returned
in less than 45 days after
exhortations given by the organization, the person may be
exempted from
disciplinary sanctions. |
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Article 6 In
case of violating the state discipline on politics, secrecy, and
foreign affairs, a sanction
of recording a demerit up to
demotion shall be imposed; if the circumstances are serious, a
sanction
of dismissal up to discharge from public employment
shall be imposed. |
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Article 7 All
the foreign passports or other documents for going abroad or out
of the border obtained through
illegal channels or in an illegal
way shall be seized, and a sanction of recording a demerit up to
demotion shall be imposed; if the circumstances are serious, a
sanction of dismissal up to discharge from public
employment
shall be imposed. |
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Article 8 In
case of intentionally providing convenience to go abroad or out
of the border for a person who
has taken one of the acts
referred to in Article 3 of these rules, a sanction of demotion
up to
dismissal shall be imposed; if the circumstances are
serious, a sanction of discharge from public employment shall
be
imposed. |
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In case of neglecting duties so that a person who took
one of the acts referred to in Article 3 of these rules has
gone
abroad or out of the border or stayed abroad or out of the
border beyond the prescribed time,
a sanction of recording a
demerit or a special demerit shall be imposed; if the
circumstances are
serious, a sanction of demotion up to
dismissal shall be imposed. |
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Article 9 In
case of intentionally providing convenience for a runaway
person, a sanction of recording a special
demerit up to demotion
shall be imposed; if the circumstances are serious, a sanction
of dismissal
shall be imposed. |
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In case of neglecting duties so that a subordinate person
has run away, a sanction of recording a demerit shall be
imposed; if the circumstances are serious, a sanction of
recording of a special demerit up to dismissal
shall be imposed,
if the circumstances are light, a sanction may be exempted from. |
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Article 10 If
a runaway person has taken other acts in violation of government
discipline, a joinder of sanctions
shall be imposed according to
the related rules. |
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Article 11 When
a sanction of government discipline is going to be imposed
according to these rules on a person
who has violated the
discipline, such a decision shall be proposed by the unit which
the person
is affiliated with or the department which has sent
the person abroad or out of the border, and reported to the
related department according to the authority of cadre
administration for examination and approval. |
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Article 12 In
dealing with the acts of discipline violation referred to in the
various articles of these regulations,
if the circumstances are
serious enough to constitute a crime, the case shall be
transferred to
the department of justice for a decision; if the
party discipline has been violated, the case shall be
transferred to the discipline inspection committee of the party
for a decision. |
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Article 13 These
rules shall take effect as of the date of promulgation. |
