|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1986-12-25 | Effective Date | 1986-12-25 |
|
Interim Measures for the Control of Chinese Citizens Travelling on Private |
|---|
Article 1 These Measures are formulated in accordance with the provisions
in Article 17 of The Law of the People's Republic of China on the Control of
the Exit and Entry of Citizens.
Article 2 These Measures shall apply to inland citizens who enter or
leave, on private business, the region of Hong Kong (hereinafter referred to
as Hong Kong) or the region of Macao (hereinafter referred to as Macao), and
also to compatriots from Hong Kong and Macao who enter or leave the inland
areas.
Article 3 Inland citizens travelling, on private business, to Hong Kong
or Macao shall leave the country by way of the designated ports, by presenting
the passes to Hong Kong and Macao or the passes to and from Hong Kong and
Macao signed and issued by public security organs of China, when returning to
the inland areas, they may enter through other ports open to the outside world.
The designated ports are: Shenzhen - for those who are bound for Hong
Kong; Gongbei-for those who are bound for Macao.
Article 4 Compatriots from Hong Kong and Macao travelling between Hong Article 5 With respect to inland citizens going on private business to Article 6 An inland citizen who wishes to go to Hong Kong or Macao on Article 7 Persons who come under one of the following circumstances may (1) any spouse of a married couple resides in Hong Kong or Macao, thereby (2) a person's parents residing in Hong Kong or Macao are aged and in poor (3) helpless old people and children residing in inland areas, who have to (4) in the event that lineal relatives residing in Hong Kong or Macao have (5) persons who must go and settle down in Hong Kong or Macao for other Article 8 Persons who come under one of the following circumstances may (1) a person who has near relatives residing in Hong Kong or Macao and has (2) a person's lineal relatives or near relatives are compatriots of (3) in the event that the lineal relatives or brothers and sisters of (4) a person who must go to Hong Kong or Macao in order to dispose of (5) a person who, owing to other special circumstances, must go to Hong Article 9 Inland citizens, who apply for permission to go to Hong Kong or (1) to present for examination the residential registration booklet or (2) to fill in an application form; (3) to present the written comments of the applicant's work unit, (4) to submit certification relevant to the applicant's reasons for filing Article 10 The certifications, as mentioned in Item 4 of Article 9 of (1) where a married couple wish to have their reunion, they shall present (2) where a person goes to Hong Kong or Macao in order to take care of (3) where a person goes to Hong Kong or Macao to inherit or to dispose of (4) where a person wishes to pay a visit to his/her relatives residing in (5) where a person wishes to go to Hong Kong or Macao to meet his/her Article 11 The entry-exit control department of a public security organ, Article 12 With respect to an inland citizen, whose application for To an inland citizen, whose application for a temporary stay in Hong Kong Article 13 The applications filed for permission to go to Hong Kong or (1) those who come under the circumstances stipulated in Article 8 of The (2) those who do not come under the circumstances stipulated in Article 7 (3) those who have fabricated situations and presented forged Article 14 Compatriots from Hong Kong or Macao who wish to enter the When applying for Home-Visiting Certificate the applicant shall present Compatriots from Hong Kong and Macao, who do not come to visit the inland Article 15 The Home-Visiting Certificates for Compatriots from Hong Kong (1) those who are likely to engage in such criminal activities as robbery, (2) those who have fabricated situations and presented forged (3) mental patients. Article 16 Where compatriots from Hong Kong and Macao make a trip to the Article 17 Compatriots from Hong Kong and Macao who come to the inland Article 18 Where compatriots from Hong Kong or Macao wish to return to Article 19 Inland citizens who travel between the inland areas and Hong Article 20 With respect to those who come under one of the following (1) those who do not hold documents of certification for travelling (2) those who hold or use invalid, forged or altered documents of (3) those who refuse to present documents of certification for inspection. Cases concerning those who come under the circumstances stipulated in Item Article 21 The Home-Visiting Certificate for Compatriots from Hong Kong Article 22 The travel pass for going to Hong Kong or Macao shall be Article 23 If a compatriot from Hong Kong or Macao loses his/her Article 24 If an inland citizen, before leaving for Hong Kong/Macao, Article 25 If a holder of the Home-Visiting Certificate for Compatriots Cases concerning the revocation of documents of certification shall be Article 26 With respect to any person who has held and used an invalid, Article 27 With respect to any person who has forged, altered or Article 28 With respect to any person who has fabricated situations, Article 29 Where any functionary of a public security organ, while Article 30 These Measures shall be implemented and interpreted by the Article 31 These Measures shall go into effect as of the date of
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Kong/Macao and the inland areas shall pass China's ports open to the outside
world on the strength of the Home-Visiting passes for Compatriots from Hong
Kong and Macao, or the Entry-Exit Pass, signed and issued by public security
organs of China.
Chapter II Inland Citizens Travelling to Hong Kong and Macao
Hong Kong or Macao to settle down there, the fixed-quota procedures for
examination and approval shall be implemented, in order to facilitate the
safeguarding and maintaining of the economic prosperity and social stability
of Hong Kong and Macao.
private business shall file an application to the entry-exit control
department of the public security bureau of the county or municipality where
the applicant's registered residence is located.
apply for the permission to go and settle down in Hong Kong or Macao:
separating from the other for many years;
health, and must be taken care of by their son or daughter from the inland
areas;
seek support from their lineal relatives or near relatives in Hong Kong or
Macao;
nobody there to inherit their real estate, their son or daughter in inland
areas may inherit the real estate in question, provided that they must go and
settle down in Hong Kong or Macao;
special circumstances.
apply for permission to go to Hong Kong or Macao for short visits:
the necessity to go there to pay a visit to them;
Taiwan and so he/she must go to Hong Kong or Macao to meet them;
returned overseas Chinese, or the lineal relatives of the family members of
overseas Chinese, are unable to return to inland areas to pay a visit to their
relatives, the person concerned must go and meet his/her relatives in Hong
Kong or Macao;
his/her property;
Kong or Macao for a short period of time.
Macao on private business, shall answer relevant questions and go through the
following procedures:
other certification of residence registration;
concerning the applicant's intention to go to Hong Kong or Macao;
the application.
these Measures, refer to:
certification of their lawful marriage and the certification testifying to the
permanent resident status of his/her spouse in Hong Kong or Macao;
his/her parents who are aged and in poor health or helpless old people, or
where children go to Hong Kong or Macao to seek support from their relatives
there, they shall present certification testifying to the kinship between the
applicants and their relatives in Hong Kong or Macao and also the
certification testifying to the permanent resident status of their relatives
in Hong Kong or Macao;
his/her property, he/she shall present certifications testifying to the status
of the said property and also to the lawful right of inheritance;
Hong Kong or Macao, he/she shall present letters sent by his/her relatives; if
it is very urgent, he/she shall present a written explanation or certification
relevant to the reason for filing the application;
relatives residing in Taiwan or in a foreign country, he/she shall present an
accurate certification testifying to the date of arrival in Hong Kong or Macao
of his/her relatives.
shall, after receiving an application for going to Hong Kong or Macao, decide
within 60 days to approve or disapprove the said application, and notify the
applicant of the decision.
leaving an inland area and settling down in Hong Kong or Macao has been
approved, the entry-exit control department of the public security organ shall
issue to the applicant a travel pass for going to Hong Kong or Macao. The
holder of the travel pass shall, before leaving for Hong Kong or Macao, go to
the local police station for the cancellation of his/her residence
registration, and then leave for Hong Kong or Macao within the prescribed time.
or Macao has been approved, a pass for travelling between the inland areas and
Hong Kong or Macao shall be issued. The holder of the travel pass shall leave
for his/her destination within the prescribed time and return on schedule.
Macao by those who come under one of the following circumstances shall not be
approved:
Law of the People's Republic of China on the Control of the Exit and Entry of
Citizens;
and Article 8 of these Measures;
certification to cheat the entry-exit control department of public security
organs.
Chapter III Compatriots from Hong Kong and Macao Entering the Inland
Areas
inland areas shall apply for and obtain the Home-Visiting Certificate for
Compatriots from Hong Kong and Macao. The Home-Visiting Certificates for
Compatriots from Hong Kong and Macao shall be signed and issued by the Public
Security Department of Guangdong Province.
his/her residential status identification and fill in an application form.
areas frequently, may apply for an entry-exit pass. The measures for obtaining
the pass shall be the same as those for obtaining the Home-Visiting
Certificates for Compatriots from Hong Kong and Macao.
and Macao and entry-exit passes shall not be issued to those who come under
one of the following circumstances:
theft, and trafficking in narcotics;
certifications;
inland areas by driving motor vehicles, they shall apply for driving licences
in accordance with the relevant provisions of the People's Government of
Guangdong Province; and the drivers shall also apply to the Entry-Exit Control
Division of the Public Security Department of Guangdong Province for permits
to drive motor vehicles from and back to Hong Kong and Macao.
areas for a short stay shall, in accordance with the provisions of the
administration of residence registration, go through the procedures for the
registration of temporary stay. Those who are accommodated in such enterprises
and institutions as guest houses, hotels, inns, hostels and schools, or in
state organs, public organizations and other institutions, shall fill in a
registration form for temporary stay; those who stay in the homes of their
relatives shall, within 24 hours (72 hours in the rural areas), go through the
registration procedures for temporary stay themselves, or this may be done by
their relatives or friends on their behalf, with the police station, or with
the office for residence registration in the respective places of their
residences.
the inland areas and settle down there, they shall file an application, in
advance, to the public security bureau of the municipality or county where the
applicants intend to settle down. After obtaining the approval, they shall go
through the procedures for permanent residence registration with the police
station in the places of their destination by presenting the Home-Visiting
Certificate for Compatriots from Hong Kong and Macao, with a signed statement
testifying to the certificate-holders intention to return to the inland areas
and settle down there.
Chapter IV Entry-Exit Inspection
Kong/Macao, and compatriots from Hong Kong and Macao who travel between Hong
Kong/Macao and the inland areas, shall present their entry-exit certificates
to the frontier posts at ports that are open to the outside world or at
designated ports, fill in and present the entry-exit registration cards, and
accept inspection.
circumstances, the local frontier posts have the power to forbid them to enter
or leave the country:
between inland areas and the areas of Hong Kong or Macao, the Home-Visiting
Certificates for Compatriots from Hong Kong and Macao, or other valid
documents of certification;
certification for travelling between the inland areas and Hong Kong/Macao or
invalid, forged or altered Home-Visiting Certificate for Compatriots from Hong
Kong and Macao; those who illegally use other persons' documents of
certification or Home-Visiting Certificates for Compatriots from Hong Kong and
Macao;
2 of the preceding paragraph may also be handled in accordance with the
provisions of Article 26 of these Measures.
Chapter V The Administration of Documents of Certifications
and Macao shall be kept by the certificate holder, and the period of validity
of the Certificate shall be 10 years; within this period of validity, the
Certificate can be used many times. If the period of validity has run out, or
the attached pages for keeping inspection records have all been used up, the
certificate-holder may apply for a new Certificate in place of the old one.
The case of application for a new Certificate shall be handled in accordance
with the provisions in Article 14 of these Measures.
valid for one trip within the period of validity. The period of validity of
the pass for travelling between the inland areas and Hong Kong/Macao shall be
5 years and may be extended twice, each extension of the period of validity
shall not exceed 5 years; the travel pass shall be kept and used by the
pass-holder. For every trip the pass-holder is to make to Hong Kong or Macao,
he/she shall go through the application procedures in accordance with the
provisions in Article 6, Article 8 and Article l0 of these Measures; for each
approved application, a single trip endorsement shall be made on the pass. The
public security organ, specially authorized by the Ministry of Public
Security, may make a multiple-journey endorsement on the pass.
Home-Visiting Certificate for Compatriots from Hong Kong and Macao after
he/she has arrived in the inland areas, he/she shall report the loss to the
public security organs either of a county or municipality, or of the
department of communications and transportation stationed at the place where
the said certificate has been lost. After the public security organ has proved
the case to be true through investigation, it shall issue a certification, and
the entry-exit control department of the public security organ shall sign and
issue an entry-exit pass, which is valid for just one trip, for the said
person to go back to Hong Kong or Macao. With respect to compatriots from Hong
Kong and Macao, no matter where they lose their Home-Visiting Certificates for
Compatriots from Hong Kong and Macao, in Hong Kong/Macao or in inland areas,
they may apply for new Home-Visiting Certificates for Compatriots from Hong
Kong and Macao in accordance with the provisions of Article 14 of these
Measures.
loses his/her travel pass for going to Hong Kong/Macao or the pass for
travelling between the inland areas and Hong Kong/Macao, he/she shall
immediately report the loss to the original pass-issuing department, and
publish a statement in a newspaper announcing the loss; the pass-issuing
department shall, having proved the case to be true through investigation,
re-issue a new travel pass to the person concerned.
from Hong Kong and Macao comes under one of the circumstances stipulated in
Article 15 of these Measures, his/her travel pass shall be revoked.
determined by the original certificate-issuing department or by its higher
authorities, which shall seize the said documents.
Chapter VI Penalties
forged or altered document or used another person's document such as travel
pass for going to Hong Kong and Macao, pass for travelling between the inland
areas and Hong Kong/Macao, Home-Visiting Certificate for Compatriots from Hong
Kong and Macao, or entry-exit pass, in addition to seizing the document in
question, a warning or a detention for 5 days or less, may be imposed on the
violator, depending on the seriousness of the case.
transferred to another person a travel pass for going to Hong Kong/Macao, a
pass for travelling between the inland areas and Hong Kong/Macao, a
Home-Visiting Certificate for Compatriots from Hong Kong and Macao, or an
entry-exit pass, a detention for 10 days or less may be imposed on the
offender; if the case is so serious as to constitute a crime, the offender's
criminal responsibility shall be investigated according to the relevant
provisions of The Criminal Law of the People's Republic of China.
provided false certification, or resorted to bribery in order to obtain a
travel pass for going to Hong Kong/Macao, a pass for travelling between the
inland areas and Hong Kong/Macao, a Home-Visiting Certificate for Compatriots
from Hong Kong and Macao, or an entry-exit pass, if the case is minor, a
detention for 5 days or less shall be imposed on the offender; if the case is
so serious as to constitute a crime, the offender's criminal responsibility
shall be investigated according to the relevant provisions of the Criminal Law
of the People's Republic of China.
executing these Measures, by taking advantage of his/her position and powers,
has asked for and accepted bribery, committed other illegal acts or abuse of
his/her office, if the case is not so serious, an administrative sanction may
be imposed on the offender by the competent authority at its discretion; if
the case is so serious as to constitute a crime, the offender's criminal
responsibility shall be investigated according to the provisions of the
Criminal Law of the People's Republic of China.
Chapter VII Supplementary Provisions
Ministry of Public Security.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/imftcocctopbtoftrohkom1206