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深圳经济特区过境耕作人员出入境管理暂行规定 Provisional Rules of the Shenzhen Special Economic Zone on Entry and Exit of the Crossing-the-Border Farming People

2006-05-16 19:45   我要纠错 | 打印 | 收藏 | | |

(Promulgated by Order No.21 of the Shenzhen Municipal People‘s Government 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)
颁布日期:19940129  实施日期:19940129  颁布单位:深圳市政府

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  Article 9 The crossing-the-border farming people shall strictly comply with the state rules on RMB and foreign currency.

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  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:

  (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;

  (2) to go beyond the operation area or the type of work, and be detained and deported by the Hong Kong authority;

  (3) to obstruct, disobey inspections or evade inspections;

  (4) to bring contrabands when entering the border or make profits by selling the goods for personal consumption;

  (5) to bring foreign currency in exit without permission or bring RMB in exit which exceed the limit;

  (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;

  (7) to stay overnight in Hong Kong without permission and special reason, fail to report after entering the border;

  (8) to be engaged in various illegal and criminal activities such as smuggling, sneak landing, etc.

  Article 18 If the party concerned has refused to accept the penalty imposed by the

  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.

  Article 19 These rules shall take effect as of the date of promulgation.

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