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Provisional Rules of the Shenzhen Special Economic Zone
on Entry and Exit of the Crossing-the-Border Farming People
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(Promulgated
by Order No.21 of the Shenzhen Municipal People' s Government |
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on
January 29, 1994, revised according to the Decision of the
Shenzhen Municipal People' s Government on Harmonization of
Eighteen Regulations,
including "Interim Provisions of the
Shenzhen Economic Special Zone on Control of Gold and Silver
Market" and Others, Order No.28 of the Shenzhen Municipal
People' s Government of January 26, 1999) |
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Article 1 In
order to maintain the public order in the border of the Shenzhen
Special Economic Zone (hereinafter
referred to as "the Special
Zone" ), protect the legal rights of the crossing-the-border
farming
people, and improve the supervision of the ports for
crossing-the-border farming, these rules are hereby formulated
in accordance with the related rules of the state on border
control and in compliance with the
practical conditions of the
Special Zone. |
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Article 2 The
crossing-the-border farming people referred to in these rules
shall mean those who hold valid
Certificate
of the Shenzhen Municipality on Crossing-the-Border Farming
and go to Hong Kong to do farming. |
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Article 3 The
Shenzhen municipal department of public security and border
control, as a state organ of border
defense and coastal
security, shall be responsible for the supervision and
administration of the
crossing-the-border farming people and the
ports for crossing-the-border farming. |
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Article 4 The
crossing-the-border farming people shall hold valid Certificate
of the Shenzhen Municipality on Crossing-the-Border Farming,
exit and enter at the prescribed time and the designated port
for crossing-the-border farming.
Before exit, they shall obtain
certificates at a border station within the local jurisdiction,
present the certificates to the persons on duty at the port for
crossing-the-border farming for inspection, and
then leave the
border; when entering, they shall present their certificates to
the persons on duty
at the port for crossing-the-border for
inspection and then enter the border. |
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Article 5 The
crossing-the-border farming people shall bring Certificate
of the Shenzhen Municipality on Crossing-the-Border Farming
with themselves, and make sure that their certificates are in
safekeeping. If a certificate is
lost, it shall be immediately
reported to a border station within the jurisdiction. If a
certificate
is damaged, an application for exchange shall be
promptly filed. |
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Article 6 The
crossing-the-border farming people shall be engaged in
productive operations related to farming
in an area designated
for operation by their certificates. The related rules of the
Hong Kong government
shall be followed in the course of
operation. |
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Article 7 The
crossing-the-border people shall comply with the related rules
on the administration of the
ports for crossing-the-border
farming, voluntarily accept the inspection of their accompanying
baggage and articles by the persons on duty. |
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Article 8 If
the crossing-the-border farming people purchase and bring goods
to enter the border, each person
shall be allowed to bring goods
for personal consumption of no more than 200 Hong Kong dollars
only once per day. As for the dutiable goods under the rules of
state or the goods which exceed the prescribed limits,
they
shall be handled according to the relevant provisions of state. |
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Article 9 The
crossing-the-border farming people shall strictly comply with
the state rules on RMB and foreign
currency. |
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Article 10 The
crossing-the-border farming people shall strictly comply with
the state rules on control of
imports and exports and
administration of contrabands, and it shall be strictly
forbidden in entry
and exit to bring drug, dangerous articles,
obscene audiovisual products, obscene publications, precious
metals, costly medicinal materials, cultural relics under the
state protection. |
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Article 11 The
ships used by the crossing-the-border farming people shall sail
for entry and exit and anchor
at the prescribed time and the
designated docks, it shall be forbidden for the ships to carry
the
persons without legal, valid certificate to go to sea or to
cross the border; it shall be strictly forbidden for
the ferries
carrying transit persons to sail without license and to
overload, and it shall be strictly
forbidden for ship owners to
transport contrabands. |
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Article 12 The
crossing-the-border farming people shall not stay overnight in
Hong Kong, if a person has to
stay overnight in Hong Kong
because of a special situation, the village committee, local
police
station shall examine and approve an application in
advance and report to the municipal office of foreign affairs
for approval, the applicant shall present the approval
certificates in exit, the persons on duty
at the port for
crossing-the-border farming shall inspect and then let the
applicant pass. If a
person has to stay overnight in Hong Kong
because of an unexpected special situation after crossing the
border, the details shall be promptly reported to a border
station within the local jurisdiction on one'
s own initiative
after returning. |
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Article 13 If
there is any serious or emergency situation taking place in the
area of border defense, the crossing-the-border
farming people
shall offer assistance on their own initiative, cooperate with
the departments of
border defense, public security, customs in
carrying out their tasks. |
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Article 14 The
articles found in the border area shall be promptly handed over
on one' own initiative to a
border station, and shall not be
kept privately for personal use. If any floating leaflets, food,
explosives and other suspicious articles have been found, it
shall be promptly reported to a border station or
local police
station, and the scene shall be well protected. |
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Article 15 When
the crossing-the-border farming people are engaged in productive
operations in Hong Kong, they
shall conscientiously safeguard
the national interests, and shall not undertake any activities
to damage the national reputation and personal character,
national character. |
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Article 16 The
crossing-the-border farming people shall abide by the state
rules on secret protection, shall
not betray the state secrets
to anyone, and shall not participate in illegal organizations
and
various illegal activities; in case of finding that the
others take part in these activities, it shall be promptly
reported to a border station and local police station on one' s
own initiative. |
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Article 17 If
anyone of the crossing-the-border farming people has taken one
of the following acts, a penalty
of confiscation, a fine of less
than the value of goods, holding the certificate for one to
three
months or revoking the certificate shall be imposed; if
the circumstances are serious enough to constitute a crime,
the
criminal responsibility shall be ascertained according to law: |
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(1)
to violate the rules on the administration of
certificates for entry and exit, or forge, alter, lend and
transfer, tear off and change certificates; |
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(2)
to go beyond the operation area or the type of work, and
be detained and deported by the Hong Kong authority; |
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(3)
to obstruct, disobey inspections or evade inspections; |
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(4)
to bring contrabands when entering the border or make
profits by selling the goods for personal consumption; |
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(5)
to bring foreign currency in exit without permission or
bring RMB in exit which exceed the limit; |
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(6)
for a ship owner to transport contrabands or take the
persons without valid certificate to go to sea, to leave and
enter the border; |
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(7)
to stay overnight in Hong Kong without permission and
special reason, fail to report after entering the border; |
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(8)
to be engaged in various illegal and criminal activities
such as smuggling, sneak landing, etc. |
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Article 18 If
the party concerned has refused to accept the penalty imposed by
the |
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department
of public security and border defense, an application for review
may be filed to the
municipal bureau of public security in 15
days from the date of receiving the penalty notice; if a review
decision has been rejected, a legal action may be taken at the
people' s court according to law. The
party concerned may also
take a legal action directly at the people' s court. |
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Article 19 These
rules shall take effect as of the date of promulgation. |
