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Provisional Rules of the Shenzhen Municipality on the
Supervision over the Personnel Temporarily Going Abroad and to
Hong Kong, Macao
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(Promulgated
by the Shenzhen People' s Government on May 20, 1990,
re-promulgated by Order No. 16 of
the Shenzhen People' s
Government on October 21, 1993) |
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Article 1 In
order to strengthen the administration of the foreign affairs acts
of the personnel of this municipality
temporarily going abroad and
to Hong Kong, Macao for official business and to conduct the
effective
supervision of the acts, these rules are hereby
formulated in accordance with the related law, regulations. |
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Article 2 These
rules shall apply to the personnel of this municipality
temporarily going abroad and to Hong Kong,
Macao for official
business. |
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Article 3 All
persons temporarily going abroad and to Hong Kong, Macao for
official business shall apply for the
documents according to the
related rules of the Shenzhen Municipality on the administration
of the
personnel temporarily going abroad and to Hong Kong, Macao
for official business. Neither organization nor person
shall
obtain passports, passes by fraud; no one shall be allowed to
purchase and use false passports
and passes illegally. |
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For
any person obtaining by fraud or illegally purchasing a passport
or a pass through irregular means
and channels, the responsibility
of administrative discipline shall be ascertained, and a sanction
of removing from office up to discharging from public employment
shall be imposed according to the seriousness of
circumstances. |
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Article 4 Neither
unit nor person shall regard processing multiple entry-exit
passports, passes for temporarily
going abroad and to Hong Kong,
Macao as a kind of remuneration; no one shall be allowed to make a
deal
by processing a certificate. |
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In
case of violation of the rules in the above section, the unit
shall be disqualified for applying
for the documents in one year
according to the seriousness of circumstances; a disciplinary
sanction
of recording an administrative demerit up to demoting
shall be imposed on the doer. |
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Article 5 Neither
unit nor person shall obtain passports, passes by fraud under the
guise of foreign trade, investigation
into intentions, inspection
and acceptance of goods, etc., not to mention asking invitations
from foreign
businessmen to go abroad and to Hong Kong, Macao as
an exchange for economic and trade interests. |
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In
case of violation of the rules in the above section, the unit
shall be disqualified for processing
the documents in one year,
and a disciplinary sanction of recording an administrative demerit
up to
discharging from office shall be imposed on the doer
according to the seriousness of circumstances. |
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Article 6 It
shall be strictly forbidden for leading officials to concoct
various pretexts under the guise of
investigation to make visits
concerning foreign affairs which are not appropriate for their
position
and status; they shall not give a hint to foreign
businessmen and institutions stationed abroad that they want
invitations to go abroad for visits. |
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In
case of violation of the rules in the above section, the passport
shall be revoked, and a sanction
of circulating a notice of
criticism, recording an administrative demerit, recording a
special demerit
or demoting shall be imposed according to the
seriousness of circumstances. |
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Article 7 All
persons holding multiple entry-exit passports, passes shall turn
over these exit documents to the
responsible office for keeping
and managing according to the rules when they are working within
the
borders. |
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In
case of violation of the rules in the above section, the person
shall be disqualified for holding
the documents in one year. |
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Article 8 It
shall be strictly forbidden to use multiple entry-exit documents
to leave the country in holiday
seasons, and even more strictly
prohibited to go to Hong Kong, Macao for traveling, vacation, and
personal
business during these seasons. |
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In
case of violation of the rules in the above section, the documents
shall be revoked by the document-issuing
office, and the person
shall be disqualified for applying for the documents to go abroad
and to Hong
Kong, Macao in one year. |
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Article 9 The
units applying for passports, passes and the offices in charge of
examination and approval of the
documents shall strictly comply
with the related rules of the state in application, examination,
and
approval when processing the documents, and shall not resort
to fraud and abuse power for personal gain in this procedure. |
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In
case of violation of the rules in the above section, the applying
unit shall be disqualified for
application in one year; a sanction
of recording an administrative demerit up to demoting shall be
imposed on the doer according to the seriousness of circumstances;
a heavier administrative sanction shall be imposed
on the person
handling the case in the office in charge of the examination and
approval of the documents. |
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Article 10 Any
person who is under investigation because of bad behavior or on
suspicion of an economic crime or
for other reasons shall not be
allowed to go abroad and to Hong Kong, Macao. |
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Groups
temporarily going abroad and to Hong Kong, Macao for official
business shall strictly observe
the foreign affairs discipline
during their stay abroad. If group members have defected under
incitation
of enemy agencies, eloped without return, betrayed
important confidential matters, or taken any action to damage the
state dignity abroad as a result of the irresponsibility of group
leaders in their work, sanctions
of recording a demerit up to
discharging from public employment shall be imposed on the doers
and group
leaders according to the seriousness of circumstances.
If a crime has been constituted, the judicial department shall
investigate into criminal responsibility according to law. |
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Article 11 It
shall be strictly forbidden for the persons temporarily going
abroad and to Hong Kong, Macao for
official business to take
advantage of such convenience to purchase stocks, retain and evade
foreign
exchange, evade taxes, and engage in various activities of
smuggling and trafficking in contraband abroad. |
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In
case of violation of the rules in the above section,
disqualification for holding the documents in
one year and
disciplinary sanctions of recording a demerit up to discharging
from public employment
shall be imposed according to the
seriousness of circumstances. |
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Article 12 Persons
temporarily going abroad and to Hong Kong, Macao for official
business shall not do private
business and off-the-book operation
abroad. A person who has made a private deposit abroad shall
report
and register in the responsible office of the department
which the person is affiliated with, and explain the source
of the
money. If the deposit is concealed and unreported or its source
cannot be explained, it shall
be regarded as an illegal income for
the person' s punishment once the deposit has been found by
investigation. |
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In
case of violation of the rules in the above section, a
disciplinary sanction of recording an administrative
demerit up to
discharging from office shall be imposed according to the
seriousness of circumstances. |
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Article 13 Persons
sponsored and invited by the businessmen of foreign countries,
Hong Kong, Macao shall spend
living and traveling expenses
according to the rules. It shall be strictly forbidden to use any
reason
and excuse to accept, demand money and goods from trading
and cooperating unit or person of foreign countries, Hong
Kong,
and Macao; it shall not be allowed to borrow money from
economically and commercially related
foreign businessmen to buy
personal goods. |
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In
case of violation of the rules in the above section, an
administrative sanction of recording a demerit
up to demoting
shall be imposed according to the seriousness of circumstances. |
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Article 14 Persons
temporarily going abroad and to Hong Kong, Macao for official
business shall strictly observe
the foreign affairs discipline,
neither group nor person shall go to obscene places, watch
pornographic,
reactionary movies, videos, books, and journals,
purchase, borrow, demand or accept pornographic, reactionary
articles given by other people, and bring pornographic,
reactionary articles when entering the country. |
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In
case of violation of the rules in the above section, a
disciplinary sanction of recording a demerit
up to discharging
from public employment shall be imposed according to the
seriousness of circumstances. |
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Article 15 If
an act of violation of these rules constitutes a crime, the
judicial department shall investigate
into criminal responsibility
according to law. |
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Article 16 The
units such as the Municipal Bureau of Administrative Supervision,
Bureau of Personnel, Foreign Affairs
Office, Bureau of Public
Security, Customs in Kowloon, etc. shall be responsible for
supervising and
implementing these rules according to their
respective functions. |
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Article 17 These
rules shall take effect as of the date of promulgation. |
