Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone on People' s Police Patrol

(Issued by the Standing Committee of the Shenzhen

Municipal People' s Congress on October 1, 1995, Revised according to Resolution on Revising "Regulations of the Shenzhen Special Economic Zone on People' s Police Patrol" of the Twenty-Eighth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress of October 28, 2003 )

Chapter I General Provision

       Article 1 In order to maintain public security and order in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), strengthen urban management, protect citizen' s legal rights and interests, be strict in police administration, raise the level of competence of police on patrol duty (hereinafter referred to as patrolman), and ensure to patrolmen exercise of their functions and power according to law, these regulations are hereby formulated in compliance with Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration and the related law and regulations, and in the light of the specific conditions of the Special Zone.

       Article 2 The Shenzhen municipal department of public security shall establish a detachment of patrolmen, under which there are brigades, squadrons as subordinate units.

       These regulations shall apply to the patrol done by patrolmen on duty.

       Article 3 Patrolmen shall patrol day and night on the roads and squares of the city and towns by traversing districts and beats determined by the detachment of patrolmen.

       There shall be more than two patrolmen going on patrol together most by walking and sometimes by motor vehicles and non-motor-driven vehicles as a supplementary means.

       Article 4 Patrolmen shall put law and order first on patrol, and maintain the order for urban management at the same time.

            Article 5 Patrolmen shall insist on the principle of combination of education with punishments.

            Article 6 Patrolmen shall strengthen self-improvement, raise the level of political and professional competence, be strict in discipline and the system of rewards and punishments, conduct scientific and normalized management, and establish strict systems for both supervision and investigation into misjudged cases.

            Article 7 Patrolmen shall rely on the people' s support, keep a close contact with the people, listen to the people' s opinion and suggestions, accept the people' s supervision, protect the people' s interests, and serve the people wholeheartedly.

Chapter II Duties and Authority

            Article 8 Patrolmen shall perform the following duties on patrol according to law:

(1)    to maintain public security and order, receive reports to the police, prevent, stop, and crack down various illegal and criminal activities;

(2)    in case of finding the persons who roam the streets and go begging, to tell them to go to a salvation and assistance center for help; as for disabled, minors, and those having difficulties in action among the people who want help, to guide, escort them to a salvation and assistance center;

(3)    to stop the behavior of mental patients, the drunken people in making troubles in public places;

(4)    to stop the disputes which may disrupt the public order;

(5)    to assist the people' s police in the departments of traffic control (hereinafter referred to as traffic police) to maintain the traffic order; in case of absence of traffic police, to impose punishments on acts in traffic violation, mediate and handle minor traffic accidents, and promptly make sure of no traffic block;

(6)    to maintain the order of urban management, stop and deal with the behaviors such as setting a stall at random, littering, damaging the municipal public facilities and the gardening work for green-making, and bringing a dog on roads and squares in violation of the rules, etc.;

(7)    to rescue those who need help because of sudden injury, sickness, and danger, and to help the disabled, seniors, pregnant women, and children who have difficulties;

(8)    to give a direction to pedestrians and receive the lost and found;

(9)    to take part in emergency salvage in disasters and accidents;

(10)to accept the requests for emergency assistance and reports from outside the patrol district;

(11)to perform the other duties which patrolmen should fulfill according to law.

Article 9 Patrolmen shall exercise the following authority on patrol:

(1)    to check identification papers and other certificates;

(2)    to interrogate, check, detain those who are suspected of crime in violation of law, and to inspect and detain the vehicles, articles related to the suspected acts of crime in violation of law;

(3)    to impose an on-the-scene punishment, subpoena, or mandatory summon on those in violation of law and regulations;

(4)    to arrest an active criminal or a criminal on the wanted list;

(5)    to take temporary measures of restraint to handle mental patients, drunken people, street-roamers and beggars, and those who illegally enter the Special Zone or stay beyond the time limit, and also to deal with them according to the related rules;

(6)    under the special circumstances of pursuing for arrest, requesting reinforcements, rescuing, etc., and by showing the police identification card, to have the authority to commandeer the means of transportation, communication from offices, organizations, enterprises, institutions, and individuals, but also to have to return them immediately after using and pay a reasonable charge; if there is a loss, to make a compensation for it.

Article 10 Patrolmen shall quickly react to and promptly deal with what has

happened on patrol. After receiving a report to the police, patrolmen shall arrive in the scene in 10 minutes and perform the duties according to law.

       Article 11 Patrolmen shall scrupulously fulfill duties, impartially enforce the law, and meet the following requirements:

(1)    to wear the police uniform, bear the police badge according to rules;

(2)    to use patrol equipments according to law;

(3)    to abide by law, regulations, and discipline;

(4)    to work hard and love the people, and to be polite;

(5)    to carry themselves with dignity, and to fulfill duties in a civilized way.

Chapter III Illegal Acts and Punishments

       Article 12 Patrolmen shall have the authority to punish those acts in accordance with these regulations if the acts jeopardize public security, disrupt public order or the order of urban management, but they are not serious enough to lead to criminal punishments.

       Article 13 If one of the following acts has been taken, detention for less than 15 days or house-rehabilitation, rehabilitation-through-labor shall be inflicted according to law, and a fine of less than 5,000 RMB may also be imposed:

(1)    to gamble;

(2)    to sell, rent, or spread pornographic articles;

(3)    to prostitute oneself, go whoring, or be engaged in obscenities;

(4)    to hold, take, inject addictive drugs illegally;

(5)    to carry, store guns, ammunition illegally, or to take other acts in violation of the rules on gun control;

(6)    to manufacture, sell, carry, and store the controlled knives illegally;

(7)    to steal, swindle, extort, and plunder the public or private property.

Article 14 If one of the following acts has been taken, a fine of less than 1,000

RMB or detention for less than 15 days according to law shall be imposed:

(1)    to do gang fighting, pick quarrels and provoke troubles, humiliate women, or practice other hooligan activities;

(2)    to beat other people and cause minor injuries;

(3)    to fabricate rumors to mislead people, and instigate trouble;

(4)    to misreport perils and make confusion;

(5)    to plunder and deliberately damage the public or private property;

(6)    to coerce, manipulate, or cheat the minors into begging, labor services, giving a horrifying, cruel performance which may ruin their mental and physical health;

(7)    to ship or pile inflammables, explosives, poisonous materials, and radioactive substances in violation of rules;

(8)    to hinder the state functionaries' performance of official business.

Article 15 If one of the following acts has been taken, a warning or a fine of less

than 800 RMB, or detention for less than 15 days according to law shall be imposed:

(1)    to buy stolen goods knowingly;

(2)    to scalp bus or train tickets, ship tickets, plane tickets, admission tickets for theatrical performance or sports competition, and other tickets;

(3)    to use the methods of feudal superstition to disturb social order or swindle money and goods;

(4)    for the drivers and conductors of commercial vehicles, to solicit customers by force;

(5)    to do luggage-carrying for passengers by force at stations, airports, docks, etc., or collect fees in the name of guiding.

Article 16 If one of the following acts has been taken, a warning or a fine of less

than 2,000 RMB, or detention for less than 10 days according to law shall be imposed:

(1)    to smoke , use uncovered fire in the area where fire is prohibited;

(2)    to bury, enclose and occupy, or damage and destroy firefighting facilities;

(3)    to occupy the dividing zone for fire control or block the special passage for firefighting;

(4)    to ship, sell, and set off fireworks in violation of rules;

(5)    to disturb the order of emergency salvaging and disaster relief so as to cause interference.

Article 17 If a motor vehicle driver has taken one of the following acts, a warning

or a fine of less than 200 RMB shall be imposed:

(1)    to drive a vehicle in violation of what a traffic signal, traffic sign, and traffic marking indicate;

(2)    to park a motor vehicle in violation of rules;

(3)    to use a horn in an area where a horn is prohibited from using;

(4)    to drive a vehicle with the dark exhaust to pollute the environment;

(5)    to drive a non-commercial vehicle to carry passengers for the purpose of profit.

Article 18 If one of the following acts has been taken, a warning or a fine of 20

RMB shall be imposed:

(1)    to climb, go through protection rails for traffic separation;

(2)    to drive a non-motor-driven vehicle on a road for motor vehicle only;

(3)    to drive a non-motor-driven vehicle in a direction not allowed by traffic regulations or to transport passengers, goods in violation of rules.

Article 19 If a motor vehicle loaded with liquid, bulk cargo has polluted the

surface of  a road, the driver license may be temporarily taken away, cleaning of the road surface shall be ordered, and a fine of less than 3,000 RMB shall also be imposed.

       After the party concerned has finished cleaning of the road surface and accepted the punishment, the driver license which has been taken away shall be returned promptly.

       Article 20 If one of the following acts has been taken, the party concerned shall be instructed to make correction, clean up or restore the original state by a deadline, and also inflicted a punishment according to the following rules:

(1)    for setting up a stall on a road, square without authorization, a warning or a fine of less than 500 RMB shall be imposed;

(2)    for scrawling, engraving, or hanging, posting on a building, structure, etc., and for hanging, hanging out to dry, piling articles on a road, square without authorization, a warning or a fine of more than 200 but less than 500 RMB shall be imposed;

(3)    for constructing on a road without setting up enclosing rails or other eye-catching marks according to rules, a warning or a fine of 500 RMB shall be imposed;

(4)    for defiling and damaging the cultural relics protected by the state, scenic spots and historical sites, and sculptures at public places, a fine of more than 200 but less than 1,000 RMB shall be imposed;

(5)    for damaging, moving, or dismantling street-name plates, traffic signs without authorization, a fine of more than 200 but less than 1,000 RMB shall be imposed;

(6)    for sabotaging lawns, green belts, flowers and plants, trees, and facilities for green-making, a fine of more than 200 but less than 1,000 RMB shall be imposed;

(7)    for making noise, exhausting waste air in violation of rules and refusing to listen to exhortation, a fine of more than 100 but less than 500 RMB shall be imposed;

(8)    for discharging water, waste on a road to block the traffic or pollute the environment, a fine of more than 200 but less than 1,000 RMB shall be imposed;

(9)    for occupying a road, square, bridge opening to pile article or to put up a shed and build a house without authorization, a fine of more than 200 but less than 1,000 RMB shall be imposed;

(10)for setting up structures such as a board for ads or posters, neon lamp, shelter hut, etc., without authorization, a fine of more than 1,000 but less than 5,000 RMB shall be imposed;

(11)for constructing on a road, square and failing to clean up on time or occupying a road, square beyond prescribed time and limits, a fine of more than 1,000 but less than 5,000 shall be imposed;

(12)for digging a road, square without authorization, a fine of more than 2,000 but less than 5,000 RMB shall be imposed.

Article 21 If one of the following acts has been taken, the party concerned shall

be instructed to clean up and also punished according to the following rules:

(1)    for littering fruit rinds, odds and ends, a fine of 10 RMB shall be imposed;

(2)    for spitting, a fine of 20 RMB shall be imposed;

(3)    for shitting and pissing anywhere outside a restroom, a fine of 100 RMB shall be imposed;

(4)    for recklessly dumping or burning waste, dirt, garbage, a fine of 200 RMB shall be imposed;

(5)    for throwing an article from a high place above the ground, a fine of 200 RMB shall be imposed.

Article 22 If the acts referred to in this chapter involve prohibited articles or

illegally obtained money and goods, they shall be confiscated; if the ordered cleaning up, restoring the original state by a deadline have not been done after the deadline, patrolmen may ask the related departments or professional units to clean up, restore the original state, the resultant cost shall be assumed by the person who has been punished.

Chapter IV Decision and Implementation

       Article 23 The punishments stipulated by these regulations shall be carried out under the following authority:

(1)    for a warning, a fine of less than 200 RMB, the patrolman shall make a decision on the scene;

(2)    for a fine of more than 200 but less than 1,000 RMB, the squadron shall make a decision and enforce it;

(3)    for a fine of more than 1,000 but less than 5,000 RMB, the brigade or the detachment shall make a decision and enforce it;

(4)    for detention, house-rehabilitation, rehabilitation-through-labor, the brigade or the detachment shall report to the superior department of public security or commission on rehabilitation-through-labor which are responsible for making a decision according to law.

Article 24 When making a punishment decision or taking compulsory measures,

patrolmen shall abide by the following rules:

(1)    a decision notice uniformly printed by the department of public security shall be issued;

(2)    a receipt uniformly printed by the department of finance shall be issued to the punished person in case of collecting a fine and confiscating money;

(3)    the punished person shall be informed of the designated place to pay the fine in case of making a punishment decision on the scene;

(4)    a certificate of temporary taking-away shall be issued in case of temporarily taking away money and goods or documents, and the money and goods or documents shall be turned over to the squadron by the end of duty on the same day;

(5)    a list shall be issued in case of detaining and confiscating money and goods, and the case shall be dealt with in accordance with the prescribed procedure;

(6)    the party concerned shall be informed of the legal rights that the party may enjoy.

Article 25 All fines and money confiscated shall be turned over to the department

of finance.

       Article 26 If there is one of the following circumstances, the case shall be removed to another department to deal with according to law or the other department shall be notified to do so:

(1)    compensation shall be made for damaging the municipal facilities;

(2)    the case which goes beyond the authority of patrolmen shall be handled by other departments according to law;

The removed case shall be attached with a removing paper; the unit receiving the

removed case shall accept it and no longer remove it again unless there are other rules according to law and regulations, and inform the removing unit in writing of the outcome of the case.

       Article 27 There shall be no double punishment on the same illegal act which has already been punished.

       Article 28 In case of violation of these regulations, a person who is already 14 but less than 18 years old shall be inflicted a lighter punishment; a person in violation of these regulations who is less than 14 years old shall be exempted from punishment, but the guardian shall be instructed to be strict in discipline, and held liable for compensation if there is a resultant loss.

       Article 29 Except for a fine on the scene, any punished person shall pay the fine at a designated place within 7 days from the date of receiving the punishment decision notice. In case of failing to make a payment after the deadline without a justified reason, a fine of 5% of the original fine per day shall be imposed in addition; in case of refusing to pay the fine, it shall be dealt with according to the related rules in law.

       Article 30 If the party concerned has refused to accept an administrative punishment decision or enforcement made by patrolmen, an application for review may be filed to the municipal department of public security within 15 days from the date of receiving the decision notice.

       The office in charge of review shall make a decision within 15 days from the date of receiving the application for review; in case of refusing to accept the review decision, legal action may be taken at the people' s court within 15 days from the date of receiving the review decision notice.

Chapter V Administration and Supervision

       Article 31 Patrolmen on duty shall accept supervision of the people' s procuratorate and administrative supervision offices according to law.

       Article 32 The municipal department of public security shall administer and supervise the activities of patrolmen to enforce the law, and, in case of finding a mistake in patrolmen' s decision and verdict, make a cancellation or change, and investigate into the related persons' responsibility.

       Article 33 The detachment of patrolmen shall establish a supervision team wearing special badges to supervise patrolmen' s behavior on duty, accept complaints, reports, and correct the wrongdoing on patrol.

       Article 34 Patrolmen shall go on patrol under a system of registration at a fixed position and patrol in rotated posts.

       Article 35 Any citizen or organization shall have the right to inform the municipal department of public security or the people' s procuratorate, administrative supervision office of patrolmen' s acts in violation of law and discipline, and to bring a charge against them. The office accepting an informer' s report and an accuser' s charge shall do investigating and prosecuting promptly, and notify the informer and accuser of the outcome of the investigation and prosecution.

       Article 36 If a patrolman has taken one of the following acts, the detachment  of patrolmen shall immediately suspend the person from performing duties or inflict a confinement; if the circumstances are serious, an administrative sanction shall be imposed; if a crime has been constituted, it shall be referred to the judicial department to investigate into the criminal responsibility:

(1)    departing from official duty without authorization or failing to perform duties according to law;

(2)    practicing favoritism and engaging in irregularities, misusing the law in adjudication;

(3)    abusing power for personal gain, embezzling and taking bribes,;

(4)    beating and scolding people, insulting the human dignity;

(5)    deliberately damaging the credentials, articles of an examined person;

(6)    failing to issue documents or legal papers according to rules when inflicting a punishment, detaining articles, and failing to turn over to the superior those articles or certificates, which have been temporarily taken away, by the end of duty on the same day;

(7)    abusing power, using arms, police weapons in violation of rules;

(8)    the other acts in violation of law, regulations.

Article 37 If a patrolman on duty has infringed upon a citizen' s or an

organization' s legal rights and interests and caused damages, compensation shall be made in accordance with Law of the People' s Republic of China on the State Compensation and other related law, regulations.

Chapter VI Supplementary Provision

       Article 38 "More than" , "less than" a number referred to in these regulations shall include the number itself.

       Article 39 The Shenzhen municipal people' s government may formulate detailed rules on implementation in accordance with these regulations.

       Article 40 These regulations shall take effect as of October 1, 1995.