Laws of the Guangdong Province

Rules of Procedure of the Standing Committee of Shenzhen Municipal People' s Congress

(Originally adopted by the 19th Meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on November 10th,1993.As revised by the 22ed Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on February 21st,2003.)

Chapter I General Provision

Article 1 In order to standardize the system of deliberation of the Standing Committee of Shenzhen Municipal People' s Congress, make progress with the deliberation, these rules are hereby formulated in accordance with the Constitution of the People' s Republic of China, Organic Law of the People' s Republic of China on the People' s Congresses and People' s Government at All Local Levels and other relevant laws and regulations, combining with the special circumstance of Shenzhen Municipality.

Article 2 The Standing Committee (hereinafter referred to the "Standing Committee" ) of Shenzhen Municipal (hereinafter referred to the "municipal" ) People' s Congress is the permanent organ of the Municipal People' s Congress and exercises the functions and powers according to the constitution and laws when the Municipal People's Congress is not in session.

Article 3 The Standing Committee and its members shall carry out the duties according to laws, reflect the will and requirement of the people in time and sufficiently, maintain close ties with the people and be subject to their supervision.

Article 4 The Standing Committee shall sufficiently carry forward democracy and apply the principle of democratic centralism to deliberate a bill and resolve a problem.

Article 5 The members of the Standing Committee shall not be investigated under the law for their speeches or votes at its meetings.

Article 6 The municipal state organizations, the social organizations, enterprises and institutions and other organizations or citizens shall strictly observe and implement any decisions or resolutions adopted by the Standing Committee.

Chapter II To Convene a Conference

Article 7 The meeting of the Standing Committee shall be held publicly and the public and medias may be the visitors after being approved. But the meeting may not be held publicly after being decided by the meeting of directors of the Standing Committee (hereafter referred to the "meeting of directors" ) according to the agenda of the meeting.

Article 8 The meeting of the Standing Committee shall be held once at least every two month. When being proposed by more than one-fifth of the members of the Standing Committee or in special situations, a session of meeting may be convened temporarily after being approved by the meeting of directors.

The time and agenda of the meeting of the Standing Committee shall be decided by the meeting of directors.

Article 9 The meeting of the Standing Committee shall be convened and presided by the director of the Standing Committee or the deputy director who consigned by the director.

Article 10 The meeting of the Standing Committee shall be held when more than half of all members present

As the meeting of the Standing Committee meets in session, if the attendance is insufficient quorum, the moderator shall ask to inform the members who absente from the meeting to attend immediately, if the attendance is still insufficient quorum after thirty minutes, the moderator shall announce adjournment.

Article 11  The members of the Standing Committee shall attend the meeting according to relevant provisions . If absenting from the meeting under special circumstances, the absentee shall ask for leave to the director of the Standing Committee or the executive deputy director by the general office of the Standing Committee.

The attendance situation of members of the standing committee shall be publicized in the proceeding of a conference of the Standing Committee of Shenzhen Municipal People' s Congress.

Article 12  The draft agenda of the Standing Committee shall be drawn up by the meeting of directors and refer to the general conference of the Standing Committee for decision.

Article 13  When the Standing Committee meets in session, the materials including the time of meeting, draft agenda and other related documents shall be informed and delivered to the members of the Standing Committee and the relevant attendees

The members of the Standing Committee shall do necessary preparation for attending the meeting after receiving the notice of meeting.

The meeting held at any time shall be informed at any time

Article 14  The municipal People' s Government, the municipal Intermediate People' s Court, the municipal People' s Procuratorate  shall appoint a leading official respectively to attend the meeting when the meeting of the Standing Committee held.

The deputy secretary-general of the Standing Committee, the leading officials of the general office, the Special Committees of the Municipal People' s Congress (hereinafter referred to the Special Committees) and the Working Committees of the Standing Committee( hereinafter referred to the Working Committees)  shall attend the meeting.

The director or a deputy directors shall attend the meeting if the director or deputy directors of the Standing Committee of the district Municipal People' s Congress is not the member of the Standing Committee, or if the director or deputy directors who is the member of the Standing Committee can not attend the meeting.

The committee members of the relevant Special Committees and the Working Committees, the leading officials of the relevant departments of the Municipal People' s Government and the related deputy to the Municipal People' s Congress and other peoples may attend the meeting  according to the decision of the meeting of directors.

The member of the Standing Committee and the attendee shall sign down his/her name when the meeting of the Standing Committee is in session.

Article 15  When the meeting of the Standing Committee deliberates the bill, it shall inform the leading officials of the relevant departments who shall heed opinions and answer inquiries to attend the meeting .

Article 16  It may take the grouping or co-grouping mode for deliberation when the meeting of the Standing Committee deliberates the bills and working reports

Article 17  When the meeting of the Standing Committee is in session, the staff members of the general office of the Standing Committee shall record and arrange to edit and press the conference bulletin.

Article 18  The meeting of directors may advise the agenda and decide to suspense, finish ahead of time or extend the meeting of the Standing Committee in line with the progress of the agenda of the Standing Committee. 

Article 19  The important advises, criticisms and opinions which are put forward by the members of the Standing Committee shall be submitted the relevant department for studying and handling after being arranged by the general office of the Standing Committee, the relevant Special Committee or the relevant Working Committee and being examined and read by the secretary-general of the Standing Committee.

The relevant department shall report the handing situation to the general office of the Standing Committee in time and inform the member of the Standing Committee who put forward the opinions and instructions.

Article 20  The meeting of the Standing Committee may set public gallery while the audit method shall be formulated by the meeting of directors.

Chapter III Submit a Bill

Article 21  The meeting of directors may submit to the Standing Committee a bill which shall be within the scope of the functions and powers of the Standing Committee, and the bill will be deliberated by the meeting of the Standing Committee.

Article 22  The Municipal People' s Government and the Special Committees may submit to the Standing Committee a bill which shall be within the scope of the functions and powers of the Standing Committee. The meeting of directors shall decide whether or not to submit it to the meeting of the Standing Committee for deliberation, or refer it first to a relevant Special Committee for deliberation or to consign a relevant Working Committee for original deliberation and put forward a report before deciding whether to submit to the meeting of the Standing Committee for deliberation. or not

Article 23  A group of five or more members of the Standing Committee, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate may submit a bill which shall be within the functions and powers of the Standing Committee to the Standing Committee. The meeting of directors shall decide whether or not to submit it to the session of the Standing Committee for deliberation, or refer it first to a relevant Special Committee for deliberation or to consign a relevant Working Committee for original deliberation and put forward a report before deciding whether to submit to the meeting of the Standing Committee for deliberation. or not

If the meeting of directors decides not to submit it to the Standing Committee for deliberation, it shall report the matter to the meeting of the Standing Committee and give an explanation to the sponsor of the bill.

Article 24  The bill shall be drawn up by the unit or people who submits it .(hereinafter the sponsor)

The bill proposed by the meeting of directors or the relevant Special Committee shall be decided by the meeting of directors to hand over to the Special Committee or the working organization for drawing up.

The bill proposed jointly by the five members or more of the Standing Committee shall be drawn up by the sponsors, or may be decided by the meeting of directors to hand over to the Special Committee or the working organization for drawing up based on the application of the sponsors.

Article 25  When a regulatory bill is submitted to the Standing Committee for deliberation,  it shall be done thirty days before the meeting and the draft regulation and related directions and information shall be filed to the general office of the Standing Committee fifteen days before the meeting by the sponsor.

The sponsor of the bill of personnel placement shall file the related materials ahead of time to the general office of the Standing Committee. As for the bill submitted jointly by the five members or more of the Standing Committee, the sponsor shall submit it five days before the meeting; if the bill put on the content of the conference, it may be submitted during the meeting.

Article 26  The bill shall be given an explanation to the general conference of the Standing Committee by the sponsor or his consignee or by the delegate elected by the co-sponsors if the bill is submitted jointly by the five members of the Standing Committee,.

Chapter IV   Deliberation of the Bill

Article 27 The bill that has been placed on the agenda of a meeting of the Standing Committee shall be deliberated on by grouping meeting or general meeting after the explanation of the bill has been heard at a meeting of the Standing Committee.

The sponsor and the leading officials of other related departments shall attend the meeting for listening to the deliberated opinions and answer the inquiries.

Article 28  The whole or part contents of the bill that has been placed on the agenda of a meeting of the Standing Committee, if it seems to be necessary by the meeting of directors, may be published for soliciting opinions of the masses.

Article 29  Any bills deliberated by a meeting of the Standing Committee involves setup of power of administrative adjudication or administrative penalty which influent vital interest of the people or other important matters, it may organize to convene a hearing for listening opinions.

Article 30  The meeting of directors may call on the members of the Standing Committee to debate the special problem with serious different opinions of the bill.

The debate shall be presided over by the moderator. The debaters shall abide by the debate rule which was set by the meeting of directors.

Article 31  The incidental motion or the revision on the bill put to the vote which is put forward by the members of the Standing Committee and reviewed by the four members or more of the Standing Committee shall be decided whether to refer to the Standing Committee for deliberation or not by the meeting of director.

Article 32  The relevant Special Committee or Working Committee may inform the leading officials of the relevant departments to attend the meeting for heeding opinions and answering the inquiry when it deliberates the bill.

Article 33  Where major questions on a bill which have been placed on the agenda of a meeting of the Standing Committee call for further study, the meeting of directors may propose, provided with the consent of the meeting of the Standing Committee, shall not put the bill to vote for the time being and refer it to the next or following meeting of the Standing Committee for deliberation after further investigation and putting forward opinions.

Article 34  With regard to a bill placed on the agenda of a meeting of the Standing Committee, if the sponsor requests its withdrawal before it is put to vote, the deliberation of the bill at the meeting shall terminate as soon as the meeting of directors has accepted the request.

Article 35  If the Standing Committee seems it necessary, it may organize an inquiry commission of special question, and then make the corresponding resolution basing on the report of the inquiry commission.

Article 36  After deliberation by the meeting of the Standing Committee ,the decisions, resolutions, the name list of appointment and removal and other bills shall be informed the Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorary separately and immediately, and be promulgated in the Bulletin of the Standing Committee of Shenzhen Municipal People' s Congress and the Conference Proceedings of the Standing Committee of Shenzhen Municipal People' s Congress as well as be published in newspapers or transmitted by broadcasts.

Chapter Speech

Article 37  The speech of the member of the Standing Committee in meeting shall be centered on the issue of meeting and be brief as well as be to the point.

Article 38  The member of the Standing Committee may make a speech by optional title in the general meeting or co-grouping meeting according to arrangement of agenda of the Standing Committee.

If the member of the Standing Committee wants to make a speech by optional title , he shall sign down his name voluntarily and choose the title by himself but be decided whether to make the speech or not by the meeting of directors

Article 39  The speech on each issue in the general conference or co-grouping conference by the member of Standing Committee is not more than once generally unless otherwise agreed by the moderator of conference.

Article 40  Every speech of member of the Standing Committee shall not be over fifteen minutes unless otherwise reported in the general meeting according to the agenda or spoken by optional title.

Article 41  The attendee of the meeting of Standing Committee may speak in the general meeting or in the co-grouping meeting subject to the consent of conference moderator.

Chapter Vote

Article 42  The means of voting for deciding bill in the meeting of the Standing Committee includes secret ballot or other means , but the bill on regulation or personnel placement shall take the means of secret ballot.

Article 42   Any member of Standing Committee, who wants to leave the conference-hall for special circumstance shall be agreed by the conferment moderator when the meeting of the Standing Committee has began to vote.

Article 44   The revision on the bill which is put to vote shall be put to vote first

Article 45  The bill, resolution and decision putting to vote in the meeting of the Standing Committee shall be subject to adoption by a simple majority of the total membership of the Standing Committee.

The vote result shall be announced on the spot by the conference moderator.

Article 46 the bill putting to vote is not adopted, it shall be vetoed.

Chapter Supplement Provision

Article 47  The relevant special regulations of the Standing Committee shall be applicable to the matters of legislation, supervision, personnel settlement and decision on major proceeding which are not specifically stipulated by these rules.

        Article 48  This rule shall go into effect as of March 20^th ,2003.