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中华人民共和国军事设施保护法 Law of the People's Republic of China on the Protection of Military Installations

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(Adopted at the 12th Meeting of the Standing Committee of the Seventh National People's Congress on February 23, 1990, promulgated by Order No. 25 of the President of the People's Republic of China on February 23, 1990, and effective as of August 1, 1990)
颁布日期:19900223  实施日期:19900801  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones

  Chapter III Protection of the Military Restricted Zones

  Chapter V Protection of Military Installations Not Included in the Military Restricted Zones and the Military Administrative Zones

  Chapter VI Administrative Duty

  Chapter VII Legal Responsibility

  Chapter VIII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of protecting the safety of military installations, ensuring the effective utilization of military installations and normal performance of military activities, promoting modernization of national defence, strengthening national defence and resisting aggression.

  Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State directly for military purposes:

  (1) Command organs, ground and underground command structures and operations structures;

  (2) Military airfields, harbours and docks;

  (3) Barracks, training grounds and testing grounds;

  (4) Military cave storehouses and warehouses;

  (5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers and navigation aid markers;

  (6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines; and

  (7) Other military installations as prescribed by the State Council and the Central Military Commission.

  Article 3 People's governments and military organs at all levels shall, in the interests of national security, jointly protect military installations and safeguard the interests of national defence. The Headquarters of the General Staff of the People's Liberation Army shall, under the leadership of the State Council and the Central Military Commission, be in charge of the protection of military installations shall be responsible for the work of protecting the army, navy and air force military installations in their respective areas.

  In places where there are military installations, the military organs concerned and the people's governments at or above the county level shall cooperate with each other in coordinating, supervising and inspecting the work of protecting military installations.

  Article 4 All organizations and citizens of the People's Republic of China shall have the duty to protect military installations.

  The damaging or endangering of military installations by any organization or individual shall be prohibited.

  Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military installations.

  Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis on key projects.

  Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly used for military and civilian purposes, any such change shall be subject to the approval of the State Council and the Central Military Commission.

  Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones

  Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature, the function, the security requirements and the requirements for effective utilization of military installations. Measures shall also be taken for the protection of the military installations not included in the military restricted zones and the military administrative zones.

  Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Commission, or by military area commands in accordance with the stipulations of the State Council and the Central Military Commission.

  Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military area commands and people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or by military area commands and people's governments of provinces, autonomous regions, municipalities directly under the Central Government and the relevant departments of the State Council. The limits of the military restricted airspace and the land and water military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission.

  The military restricted zones and the military administrative zones jointly designated by the armed forces and local people's governments prior to the implementation of this Law need not be redesignated if they are in conformity with the relevant stipulations of the State Council and the Central Military Commission.

  Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the procedures prescribed in Article 8 of this Law.

  Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to the procedures prescribed in paragraph 1, Article 9 this Law.

  Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the premise of ensuring the security and effective utilization of military installations, take account of economic construction, protection of natural environment and the production and livelihood of the local population.

  Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the limits of the military restricted zones and the military administrative zones, it shall be handled in accordance with the provisions of relevant laws and regulations.

  Article 13 When drawing up programmes for economic and social development, the local people's governments at or above the county level shall take into account the requirements for the protection of military installations and solicit opinions from the military organs concerned. When planning construction projects or developing new tourist attractions, the same shall see that they are not located in the vicinity of military installations. If it is not possible to do so and it is necessary to dismantle military installations or to convert them to civilian use, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall consult with military authorities at the military area command level and submit a report to the State Council and the Central Military Commission for approval.

  Chapter III Protection of the Military Restricted Zones

  Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated limits of the zones, put up enclosing walls and barbed wire fences for the land military restricted zones and set up barriers or boundary markers for the military restricted waters.

  Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units in charge of the zones shall be prohibited. No photographing, video-taping, recording, reconnoitering, surveying, drawing or describing of the restricted zones shall be allowed, except with the approval of the military organs at or above the military area command level.

  Entry into the military restricted airspace by airborne devices shall be prohibited, except as otherwise authorized by relevant state provisions.

  Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted zones shall be subject to examination and approval by the military authorities at or above the military area command level.

  Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary, may be jointly designated in a specific area surrounding the restricted zone at the time of the joint designation of the zone itself by military area commands and people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or by military area commands and people's governments of provinces, autonomous regions, municipalities directly under the Central Government and the relevant departments of the State Council, and security warning markers may be set up at the perimeter of the security control area. The sites for setting up security warning markers shall be determined by the unit in charge of the military restricted zone and the local people's government at or above the county level.

  Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive activities, but may not engage in demolishing, shooting and other activities that endanger the safety and effective utilization of military installations.

  Chapter IV Protection of the Military Administrative Zones

  Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing walls, barbed wire fences or boundary markers for the military administrative zones.

  Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter the military administrative zone without permission of the unit in charge.

  Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly used for military and civilian purposes shall be formulated by the State Council and the Central Military Commission.

  Chapter V Protection of Military Installations Not Included in the Military Restricted Zones and the Military Administrative Zones

  Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included in the military restricted zones and the military administrative zones. The administrative units of the armed forces at or above the regimental level may entrust local people's governments with the protection of the military installations.

  Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included in the military restricted zones and the military administrative zones may not endanger the safety and effective utilization of the military installations.

  Chapter VI Administrative Duties

  Article 23 The units in charge of military installations and the local people's governments at or above the county level shall formulate specific measures for the protection of the military installations in the military restricted zones and the military administrative zones as well as the installations not included in the military restricted zones and the military administrative zones. Such specific measures may be publicly announced for enforcement.

  Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen to take good care of military installations, guard secrets about military installations, formulate rules and regulations for the protection of military installations, supervise and inspect the protection work of military installations and settle any problems arising therefrom.

  Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection of military installations, set up files on military installations and carry out inspections and ensure the maintenance of military installations.

  Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions of relevant laws and regulations, protect the natural resources and cultural relics in the military restricted zones and the military administrative zones.

  Article 27 The units in charge of military installations shall, when necessary, provide the local people's governments at or above the county level with the data on the location of the military underground and underwater cables and pipelines. The local people's governments shall protect the military underground and underwater cables and pipelines when undertaking construction.

  Article 28 People's governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national defence and educate them to protect military installations, guard secrets about military installations and stop any acts that damage or endanger military installations.

  Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military restricted zones and the military administrative zones, public security organizations may be set up by the decision of the State Council and the Central Military Commission or with approval by the public security departments of provinces, autonomous regions and municipalities directly under the Central Government following application submitted by the relevant military organs.

  Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts in violation of the provisions of this Law:

  (1) Illegally entering the military restricted zone;

  (2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted zone or the security control area surrounding the restricted zone;

  (3) Engaging in activities that damage or endanger military installations.

  For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge of military installations may, in accordance with relevant regulations of the State, use necessary compulsory means to stop them, or, in emergency cases where the security of military installations or the lives of the personnel on duty are endangered, resort to arms.

  Chapter VII Legal Responsibility

  Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

  (1) Damaging military installations;

  (2) Stealing, seizing or robbing equipment, goods or materials of military installation;

  (3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations for agencies, organizations or individuals abroad.

  Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations on Administrative Penalties for Public Security:

  (1) Illegally entering the military restricted zone and refusing to be stopped;

  (2) Engaging in activities that endanger the security and effective utilization of military installations in the security control area surrounding the military restricted zone or within a certain distance of the military installations not included in the military restricted zone or the military administrative zone, and refusing to be stopped;

  (3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative zone.

  Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal culprits and persons held directly responsible shall, when the case is serious, be investigated for criminal responsibility in the light of the stipulations of Article 158 of the Criminal Law, or when the case is not so serious as to be considered as a penal offence, be punished in the light of the stipulations of Article 19 of the Regulations on Administrative Penalties for Public Security.

  Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military restricted zones and refuse to be stopped shall either be punished in the light of the stipulations of Article 19 of the Regulations on Administrative Penalties for Public Security or have their equipment and instrument confiscated. When the case is serious, they shall be investigated for criminal responsibility in the light of the stipulations of Article 158 of the Criminal Law.

  Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal responsibility in accordance with the relevant stipulations of the Interim Regulations on Punishment for Offences in Violation of Duties by Military Personnel; if the case is not so serious as to be considered a penal offence, they shall be subjected to military disciplinary sanctions:

  (1) Damaging military installations;

  (2) Stealing the equipment, goods and materials of military installations;

  (3) Divulging the secrets of military installations;

  (4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.

  Chapter VIII Supplementary Provisions

  Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission.

  Article 37 This Law shall go into effect on August 1, 1990.

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