Laws of the Guangdong Province

Rules of Shenzhen Special Economic Zone on Banning Gambling (Modified)

 (Promulgated by Decree No.36 of Shenzhen Municipal Government on Nov.2, 1994; the modified version was promulgated by Decree No.82 of Shenzhen Municipal Government on Jan. 26, 1999.

Article 1  In order to ban gambling, maintain public security, and build up good social customs, these rules are formulated in accordance with relevant laws and regulations, combining with the actual circumstances of the Shenzhen Special Economic Zone.

Article 2  The provisions of these rules shall apply to the investigation and determination of gambling with money, properties or other interests as stakes.

Anyone, whose activity of gathering people to engage in gambling or making gambling his profession constitutes a crime, shall be punished by the judicial organ according to law.

Article 3  The municipal department of public security is the competent department of banning gambling, and is responsible for carrying out these rules.

Article 4  Anyone, who commits any of the following activities, shall be imposed a fine of 5,000 to 30,000 Yuan, and punished reeducation through labor according to law:

1. gathering people to engage in gambling while no crime is constituted;

2. for the purpose of profit, providing places, money, devices, transportation or  communication tools for gambling;

3. instigating, cajoling or coercing person to gamble;

4. holding a gambling party at public place, such as the road, station, quay, park and vehicle for passenger transportation.

Article 5  Anyone, who commits any of the following acts, shall be imposed a fine of 3,000  to 20,000 Yuan, and given an administrative detention of not more than 15 days according to law:

1. gambling, and the cash or property used in the gambling is worth more than 2,000 Yuan;

2. gambling again in six months after being imposed punishment by the Public Security Organ because of gambling.

Article 6  Anyone, who gambles and the cash or property used in the gambling is worth 200  to 2,000 Yuan, shall be imposed an administrative detention of 10 to 15days, and a fine of 2,000 Yuan simultaneously.

Anyone, who gambles and the cash or property used as stakes is worth less than 200 Yuan, shall be criticized and inculcated by the Public Security Organ.

Article 7  Any functionary of a state administrative organ, who commits any one of the acts of gambling stipulated in Article 4, 5 or 6 of these rules, shall be imposed disciplinary sanction by his unit according to the seriousness of circumstance, besides that he shall be punished according to relevant provisions.

Article 8  Anyone, who defrauds a person of wealth under the pretext of gambling but the act doesn' t constitute a crime, shall be imposed a fine of 5,000 to 30,000 Yuan. Anyone, who commits the offence mentioned above twice in 6 months, shall be imposed an administrative detention of 15 days according to law, or reeducation through labor according to law, if the circumstance is serious.

Article 9   Anyone, who uses the personal rights of himself or other people as stakes to gamble but the act doesn' t constitute a crime, shall be imposed a fine of 10,000 Yuan, and reeducation through labor according to law if the circumstance is serious.

Article 10  The issuance of tickets for prize-winning purchase by an industrial and commercial enterprise shall acquire the approval of the municipal administrative department for industry and commerce.

Anyone, who issues tickets for prize-winning purchase arbitrarily without the approval of the municipal administrative department for industry and commerce, shall be ordered to stop issuance immediately by the administrative department for industry and commerce, and imposed a fine of 50,000 Yuan simultaneously.

Anyone, who competes unfairly by taking advantage of the issuance of ticket for prize-winning purchase, shall be punished by the municipal administrative department for industry and commerce according to relevant laws and regulations.

Article 11  Once a unit, running the business of hotel, catering, culture and entertainment or transportation, finds other person using its place or device to gamble, it shall stop him and report to the Public Security Organ.

If the operating unit mentioned in the preceding paragraph finds other person using its place or device to gamble but doesn' t stop him or report, it shall be imposed a fine of 5,000 Yuan by the Public Security Organ;

If the operating unit mentioned in the first paragraph of this article creates conditions for other persons to gamble with the purpose of profit, it shall be imposed a fine of 10,000 Yuan.

Article 12  The operator of entertainment industry shall not commit any one of the following  activities:

1. using cash as the reward of an amusement activity;
2. setting up a prize, which is worth more than 200 yuan, for a single reward.

Anyone, who commits any one of the activities stipulated in the preceding paragraph, shall be ordered to make correction by the Public Security Organ, and imposed a fine of 5,000 Yuan simultaneously.

Article 13  If the owner of the leased house or the manager entrusted to lease the house finds the lessee using the leased house as gambling place, he shall stop him or report to the Public Security Organ, and terminate the lease contract according to law.

If the lesser finds the lessee using the leased house as gambling place but doesn' t stop him, report to the Public Security Organ, nor terminate the lease contract according to law, he shall be revoked his lease license by the competent department of house lease and forbidden to operate the business of house lease in 3 years.

Article 14  The person in charge of an organ, enterprise, public institution or mass association shall stop the activity of gambling in its office or using its working facility to gamble, and report to the Public Security Organ .

If the person in charge of the unit mentioned in the preceding paragraph doesn' t stop the activity of using its offices or working facility to gamble, nor report to the Public Security Organ, he shall be imposed a fine of 2,000 Yuan by the Public Security Organ, and imposed an administrative sanction by his superior competent department simultaneously.

Article 15  Anyone, who obstructs the Public Security Organ to investigate gambling by means of standing guard, sending information secretly or guarding the site for gambling shall be imposed a fine of 2,000 Yuan; and imposed an administrative detention of 15 days if the circumstance is serious.

Article 16  The gambling devices and properties used as gambling stakes shall be confiscated by the Public Security Organ.

If a property used as gambling stake is a property in common, the Public Security Organ shall confiscate the gambler' s share.

Article 17  If the properties used as stakes in gambling, which are stipulated in article 5 and 6 of these rules, are not cash, their values shall be calculated by the following measures:

1. valuable securities shall be valued according to the market price of securities of the same kind on the day when they are ferreted out. If there is no market price, they shall be valued according to their face value.

2.other movable and immovable properties shall be calculated according to their auction prices;

3.  for gambling with chips, the property value shall be calculated according to the money stood for by the chips actually used;

4. for gambling with magnetic saving card, the property value shall be calculated according to the  total amount of saving.

Article 18  The cash ferreted out in the gambling spot, including those carried by persons, who commit the activities stipulated in Article 4, 5 or 6 of these rules, shall be regarded as gambling money and confiscated by the Public Security Organ.

Article 19  The loan offered for gambling and the creditor' s rights arising from gambling shall not be protected by laws.

The loan and illegal gains mentioned in the preceding paragraph shall be confiscated by the Public Security Organ according to law.

Article 20  Anyone, who offers loan for gambling or demands for gambling debt payment illegally, shall be imposed a fine of 5,000 to 20,000 Yuan, or shall be imposed reeducation through labor, if the circumstance is serious.

Article 21  The Public Security Organ shall show search warranty on the spot when  investigating gambling.

The Public Security Organ shall check the amount of the ferreted gambling money and things on the spot, and issue an inventory. The inventory shall be signed by at least 2 checking persons and the parties on the spot.

Article 22  The Public Security Organ or other competent department shall issue confiscation receipts to the parties when imposing fines or confiscating properties according to these rules.

The money and properties confiscated by the competent department according to these rules shall be turned in to the exchequer.

Article 23  The Public Security Organ and its officials shall keep secret for the person informing of and exposing gambling.

The functionary of Public Security Organ,  who causes damage to the person informing of and exposing gambling, in violation of the preceding paragraph, shall be responsible for compensation, and be punished by his unit.

Article 24  If a functionary of Public Security Organ neglects his duty, bends the law for selfish ends, appropriates properties or extorts by blackmail, he shall be imposed administrative punishment by his superior competent authority; and shall be investigated for criminal responsibilities according to law, if his act constitutes a crime.

Article 25  The Public Security Organ shall award the person, who is meritorious in exposing or stopping gambling.

The preceding paragraph shall not be applicable to public security officer disclosing or stopping gambling within his function and duty.

Article 26  If the party does not agree with the decision of administrative penalty made by the district competent department, he may apply to the municipal competent department for administrative review within 15 days upon receiving the penalty decision. If the party does not agree with the decision of administrative penalty made by the municipal competent department,  he may apply to the administrative review organ of the municipal government for administrative review within 15 days from receiving the penalty decision. If the party does not agree with the decision of administrative review yet, he may bring litigation before People' s court according to law within 15 days form receiving the review decision.

        Article 27  These rules shall go into effect as of the date of promulgation.