Regulations of the Standing Committee of the Shenzhen Municipal People' s Congress on Appointment or Removal of the State Functionaries

(Adopted at the Fifth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on February 23, 2001. Approved at the Twenty-Sixth Meeting of the Standing Committee of the ninth Guangdong Provincial People' s Congress on May 31,2001.)

Chapter 1  General Provisions

        Article 1 These regulations are enacted to standardize the work of appointment or removal of the state functionaries, in accordance with the provisions of the Constitution of the People' s Republic of China, the Organic Law of the People' s Republic of China on the People' s Congresses and People' s Governments at All Local Levels, the Organic Law of the People' s Republic of China on the People' s Courts, the Organic Law of the People' s Republic of China on the People' s Procuratorates, and the Regulations of the Guangdong Province on the Appointment or Removal Work of the Standing Committees of the People' s Congresses at All Local Levels, and in combination with the actual situations of Shenzhen.

         Article 2 These regulations shall apply to such matters of appointment or removal of personnel as the decision on appointment or removal, approval and adoption of appointment or removal, the acceptation of resignation, and dismissal by the Standing Committee of the Shenzhen Municipal People' s Congress (SCMPC).

        Article 3 The SCMPC shall fully carry forward democracy to appoint or remove the state functionaries strictly in accordance with legal procedures.

         Article 4 The working committee for election, liaison and appointment or removal of personnel (WCELARP) of the SCMPC shall be responsible for the specific affairs of related proposals of appointment or removal of personnel.

Chapter 2  The Scope of Appointment or removal

         Article 5 The SCMPC shall appoint or remove following personnel of the state power organs of this municipality:

(1)    When the director of the SCMPC can' t hold the post for any reason, and in accordance with the nomination of the meeting of directors of the SCMPC (hereinafter referred to as the meeting of directors), one of the vice directors of the SCMPC shall be elected to be the acting director, until the director returns to work or the Municipal People' s Congress elects a new director;

(2) When the secretary general of the SCMPC can' t hold the post for any reason, the meeting of directors shall nominate candidates from members of the SCMPC to be the acting secretary general, until the secretary general returns to work or the Municipal People' s Congress elects a new secretary general;

(3) In accordance with the nominations of the meeting of directors, the SCMPC shall adopt the nominations for the director, vice directors and members of the Committee of the Qualification Examination of Representatives of the SCMPC, which shall be nominated from members of the SCMPC;

(4) When the Municipal People' s Congress is not in session, in accordance with the nomination of the meeting of directors, the SCMPC shall appoint or remove certain vice director or partial members of any special committee of the Municipal People' s Congress (hereinafter referred to as special committee) supplementarily;

Candidates for members of any special committee shall be nominated from representatives to the Municipal People' s Congress.

(5) In accordance with the nomination of the meeting of directors, the SCMPC shall appoint or remove the vice secretary general of the SCMPC;       

(6) In accordance with the nomination of the meeting of directors, the SCMPC shall appoint or remove the director, vice directors and members of any working committee of the SCMPC (hereinafter referred to as working committee).

       Article 6 The SCMPC shall appoint or remove following personnel of the state administrative organs of this municipality:

(1) When the mayor can' t hold the post for any reason, in accordance with the nomination of the mayor or the meeting of directors, the SCMPC shall determine the acting mayor from the vice mayors;

(2) When the Municipal People' s Congress is not in session, in accordance with the nomination of the mayor, the SCMPC shall decide to appoint or remove certain vice mayor;

(3) In accordance with the nomination of the mayor, the SCMPC shall decide to appoint or remove the secretary general of the Municipal People' s Government or any department director, who is a member of the Municipal People' s Government, and report to the higher People' s Government for record.

        Article 7 The SCMPC shall appoint or remove following personnel of the state judicial organs of this municipality:

(1) When the president of the Municipal Intermediate People' s Court can' t hold the post for any reason, in accordance with the nomination of the president of the Municipal Intermediate People' s Court or the meeting of directors, the SCMPC shall determine the acting president from the vice presidents of the Municipal Intermediate People' s Court;

(2)      In accordance with the nomination of the president of the Municipal Intermediate People' s Court, the SCMPC shall appoint or remove any vice president, presiding judge, vice presiding judge, member of the judicatory committee or judge of the Municipal Intermediate People' s Court.

       Article 8 The SCMPC shall appoint or remove following personnel of the state procuratorial organs of this municipality:

(1) When the chief procurator of the Municipal People' s Procuratorates can' t hold the post for any reason, in accordance with the nomination of the chief procurator of the Municipal People' s Procuratorate or the meeting of directors, the SCMPC shall determine the acting chief procurator from the vice chief procurators of the Municipal People' s Procuratorate and report to the People' s Procuratorate of Guangdong Province and the Standing Committee of the People' s Congress of Guangdong Province for the record;

(2) In accordance with the nomination of the chief procurator of the Municipal People' s Procuratorate, the SCMPC shall appoint or remove any vice chief procurator, member of the procuratorial committee or procurator of the Municipal People' s Procuratorate; 

(3)    In accordance with the submission of the chief procurator of the Municipal People' s Procuratorate, the SCMPC shall approve the appointment or removal of any chief procurator of the District People' s Procuratorate.

       Article 9 When the Municipal People' s Congress is not in session, any member of the SCMPC, the mayor, any vice- mayor, the president of the Municipal Intermediate People' s Court or the chief procurator of the Municipal People' s Procuratorate may propose resignation to the SCMPC, which shall decide whether to accept the resignation. The SCMP shall report to the Municipal People' s Congress for record, after it decides to accept the resignation. The resignation of the chief procurator of the Municipal People' s Procuratorate shall be reported by the SCMPC to the chief procurator of the People' s Procuratorate of  Guangdong Province, who shall refer it to the Standing Committee of the People' s Congress of Guangdong Province for approval.

       Article 10 No member of the SCMPC shall hold the post in any state administrative, judicial or procuratorial organ. Any one, who holds a post mentioned above, must resign his post as member of the SCMPC. The SCMPC shall report the resignation to the Municipal People' s Congress for record after it accepts the resignation.

Chapter 3  the Procedure of Appointment or removal

       Article 11 The raiser of the proposal of appointment or removal of the state functionary of this municipality submitted to the SCMPC, shall generally raise a written proposal of appointment or removal, enclosed with the Submission Form of Appointment or Removal, the investigation materials and the publication conditions of the person proposed to be appointed, or reasons for removal of the person proposed to be removed, to the SCMPC ten days before the SCMPC holds meeting. The investigation materials shall reflect such conditions as virtue, ability, diligence and achievement of the person proposed to be appointed.

If the person proposed to be appointed as the person in charge or member of the newly established organ, the raiser shall submit the proposal enclosed with the documents that related organ approves to establish the organ.

       Article 12 The WCELARP shall be responsible for examining and inquiring all written materials and related information of proposals of appointment or removal raised by the Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate. After initial examination, it shall submit reports of deliberations to the meeting of directors, which shall decide whether to report to the SCMPC.

When the WCELARP carries out the work as prescribed in the above paragraph, it shall hear opinions of related special committees, working committees and other related parties, or carry out the work jointly with related special committees and working committees.

When the WCELARP conducts related inquiries, it may ask the raisers or related departments to make supplementary introductions of the persons to be appointed.

       Article 13 Any vice secretary general of the SCMPC, certain vice director of any special committee, the director or any vice director of any working committee, the secretary general of the Municipal People' s Government or any department director as member of the Municipal People' s Government, any vice president of the Municipal Intermediate People' s Court, or any vice chief procurator of the Municipal People' s Procuratorate proposed to be appointed by the SCMPC, shall participate in the examination of legal knowledge organized by the SCMPC before deliberations of appointment. They may have make-up examinations for special reason. Examination results shall be reported to the members of the SCMPC in written.

       Article 14 The meeting of directors shall decide to submit the proposals of appointment or removal to the meeting of the SCMPC for deliberation.

       Article 15 When the SCMPC deliberates proposals of appointment or removal, the raisers or the persons entrusted by the raisers shall attend the meeting to give explanations on the proposals, and the raisers shall send persons to hear the deliberation opinions and answer inquiries.

When the SCMPC deliberates on appointments of any vice secretary general of the SCMPC, certain vice director of any special committee, the director or any vice director of any working committee, certain vice mayor, the secretary general of the Municipal People' s Government or any department director as member of the Municipal People' s Government, any vice president of the Municipal Intermediate People' s Court, or any vice chief procurator of the Municipal People' s Procuratorate, the person proposed to be appointed shall make a brief speech on  intending to hold the corresponding post at the meeting of the SCMPC. If he can' t attend the meeting for special reasons, he may submit a written brief speech.

If necessary, the meeting of directors may decide that the other persons proposed to be appointed shall attend meeting to meet the members of the SCMPC, or make brief speeches on  intending to hold the corresponding posts.

       Article 16 Before the SCMPC votes on the proposals of appointment or removal at its meeting, if any member of the SCMPC considers that some issues are sufficient to influence any appointment or removal, the related proposal shall be suspended temporarily to be put to vote, upon the motion of the meeting of directors and the consent of a simple majority of the members of the SCMPC being present at the meeting.

 The deliberation on the proposal of appointment or removal put on the meeting agenda of the SCMPC shall be cancelled, upon the consent of the meeting of directors at the withdrawal request of the raiser before vote.

       Article 17 The voting on proposals of appointment or removal by the SCMPC shall be conducted by electronic voting machine and other secret ballots.  

The member of the SCMPC may cast affirmative vote, negative vote or abstention on a proposal of appointment or removal.

 A proposal of appointment or removal shall be adopted by a simple majority of affirmative votes of all members of the SCMPC.

The voting result shall be announced on the spot by the  person presiding over the meeting.

       Article 18 The SCMPC shall generally vote person by person to adopt proposals of appointment or removal.

 The SCMPC may vote proposal by proposal to adopt the determination of the members of the Representative Qualification Examination Committee.

Proposals of removal (or resignation) from several posts hold by the same person at one meeting of the SCMPC may be voted together.

  If the proposals of appointment and removal (or resignation) involving the same person are submitted to a meeting of the SCMPC at the same time, the proposal of appointment shall be voted ahead of the proposal of removal (or resignation).

  If the proposal of appointment and the proposal of removal involve the same post, the proposal of removal shall be voted ahead of the proposal of appointment.

        Article 19 If a proposal of appointing a state functionary is not adopted by the SCMPC, the proposing organ may raise the proposal again half a year later, if it deems it necessary. If the nomination of the candidate is not adopted for twice, the candidate shall not be nominated for the same post within the term of this SCMPC generally.

Article 20 An appointment or removal of a state functionary adopted by the SCMPC shall become effective on the date of the adoption, and the SCMPC shall make an announcement by bulletin and send a formal notice to the related organ. The related organ shall inform the person appointed or removed of holding or leaving the post. No appointment or removal of a state functionary shall be announced in advance without the adoption by the SCMPC.

        Article 21 The SCMPC shall issue the state functionary appointed by it an appointment certificate, which shall be signed by the director of the SCMPC.

  The SCMPC shall not issue an appointment certificate to any one of the following persons: the acting director of the SCMPC, the acting mayor, the vice mayor, the acting presidents of the Municipal Intermediate People' s Court, the acting chief procurator of the Municipal People' s Procuratorate, the vice directors and members of all special committees, and the chief procurators of the district People' s Procuratorates appointed with approvals of the SCMPC.

  The ways of issuing appointment certificates shall be decided by the meeting of directors of the SCMPC.

         Article 22 After a new session of the Municipal People' s Congress begins, the mayor shall propose again to the SCMPC to decide to appoint the secretary general of the Municipal People' s Government and the department directors as members of the Municipal People' s Government within two months. Removal formalities shall be not handled for the other functionaries, who don' t continue to hold the original posts. The mayor shall make explanations to the SCMPC on certain appointments that need to be postponed.

         Article 23 If the posts of the vice secretary general of the SCMPC, the director and vice directors of working committees, the vice presidents, presiding judges, Vice Presiding judges, the members of the judicatory committee and judges of the Municipal Intermediate People' s Court, the vice chief procurators, the members of the procuratorial committee and procurators of the Municipal People' s Procuratorate appointed by the SCMPC keep with no change, after the new session of the Municipal People' s Congress begins, they shall not be submitted to the SCMPC for appointment again.

        Article 24 The state functionary appointed by the SCMPC shall not go through the new appointment formalities for change of the organ' s name, while the work characters and scopes keep with no change, but the original raiser shall report to the SCMPC for record.

         Article 25 Removal formalities for the state functionary appointed by the SCMPC shall not be handled, if the related organ is canceled or merged, or the holding of the post terminates by itself due to his death in his office term, but the original raiser shall report to the SCMPC for record.

Chapter 4  Supervision of Appointment or removal

         Article 26 The state functionaries appointed by the SCMPC shall strictly abide by provisions of laws and regulations, implement resolutions and decisions made by the Municipal People' s Congress and the SCMPC, and accept the supervision of the SCMPC and the people.

        Article 27 The SCMPC and all special committees shall accept citizens' and other organizations' exposure and complaint against the state functionaries appointed or proposed to be appointed, investigate by themselves or refer to related organizations and organs to investigate, and report the investigation circumstances of major issues to the SCMPC or the meeting of directors.

       Article 28 The SCMPC shall get informed of the performance of duties and functions of the state functionaries appointed by it, by such means as hearing reports, inspecting work, examining the law enforcement, proposing inquiries and deliberating consultations, and carry out legal supervision and work supervision. The SCMPC shall investigate and deal with the functionaries being incompetent, neglecting duty or with dereliction of duty, in accordance with provisions of laws and the Regulations of the Standing Committee of the Shenzhen Municipal People' s Congress on Supervision.

         Article 29 The SCMPC may dismiss the following state functionaries from their posts, who seriously violate laws and disciplines:

(1)    To decide to dismiss the vice secretary general of the SCMPC, the Director, the vice director or the member of any working committee appointed by it from his post;

(2)    To decide to dismiss certain vice mayor, the secretary general of the Municipal People' s Government or the department director as member of the Municipal People' s Government from his post, when the Municipal People' s Congress is not in session;

(3) To decide to dismiss the vice president, presiding judge, vice presiding judge, member of the judicatory committee or judge of the Municipal Intermediate People' s Court from his post;

  (4) To decide to dismiss the vice chief procurator, member of the procuratorial committee or  procurator of the Municipal People' s Procuratorate from his post.

         Article 30 More than five members of the meeting of directors, any special committee or the SCMPC may jointly submit to the SCMPC a proposal of dismissing the state functionary appointed by the SCMPC from his post. The mayor, the president of the Municipal Intermediate People' s Court and the chief procurator of the Municipal People' s Procuratorate may separately submit to the SCMPC proposals of dismissing the state functionaries of their organs appointed by the SCMPC from their posts.

        Article 31 The raiser shall give a written explanation on the proposal of dismissing a state functionary from his post, which is submitted to the SCMPC for deliberation.

  The state functionary proposed to be dismissed from his post, may attend meeting or make written statement of opinions, when the SCMPC deliberates the proposal of dismissing him from his post.

   The meeting of directors shall discuss to decide whether to put the submitted dismissal proposal into the deliberations of the SCMPC.

Chapter 5 Supplementary Provisions

        Article 32 These regulations shall become effective as of the date of promulgation. The Trial Measures of the Standing Committee of the Shenzhen Municipal People' s Congress on Appointment or removal of Personnel adopted at the first meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on February 5, 1991 shall be abrogated simultaneously.