Provisional
Administrative Regulations on Operation Staff at Sea of Shenzhen
Special Economic Zone |
Promulgated
by Shenzhen people' s government on March 16, 1990; Revised and
promulgated by Decree
No. 21 of Shenzhen people' s government
on January 29, 1994. |
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Article
1 In
order to maintain the security order along the frontier seaside
of Shenzhen special economic
zone (hereinafter referred to as
the special zone), protect the lawful rights and interests of
operation staff at sea, raise the supervision ability of
operation port at sea, these regulations are formulated
according to relevant policies on frontier administration of the
country and the special zone,
and on the basis of the actual
situation of the special zone. |
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Article
2
The operation staff at sea mentioned in these regulations
refer to the staff engaging in fishing aquatic species
or oyster
aquaculture at operation port at sea established along the
seashore (riverside) in the
special zone with the provisional
sea card of Shenzhen special economic zone (including temporary
oyster worker). |
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Article
3
Shenzhen administrative department of public security and
frontier defense is the national administrative organ of
frontier defense and coastal security, in charge of the
supervision and administration of operation
staff at sea and
operation port at sea. |
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Article
4
Operation staff at sea shall hold effective provisional
sea card of Shenzhen special economic zone, go to sea and
go on
shore at appointed operation port at sea according to provided
time. Person shall go to the
frontier defense working station of
his district to get the card before going to sea, shall not go
to sea until his certificate is examined and registered by
person on duty of the operation port at sea, and
shall not go on
shore until his certificate is examined by person on duty of the
operation port
at sea. |
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Article
5
Operation staff at sea shall take the provisional sea
card of Shenzhen special economic zone with him, keep and use
it
carefully. Person shall report to the frontier defense working
station (checkpoint) of his district
immediately once the
certificate is lost, and shall apply for renewal in time if the
certificate
is damaged or exceeds the time limit. |
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Article
6
Operation staff at sea shall comply with relevant
regulations concerning operation at sea, accept the examination
consciously to the tools and objects with him made by person on
duty, and accept the examination
and supervision of customs
officer or frontier public security officer during operation at
sea. |
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Article
7
Operation staff at sea shall comply with national
administrative regulations on national administrative
regulations on finance and foreign exchange, shall not take
foreign exchange out, and shall take RMB in
and out according to
the total amount limit stipulated by the country. |
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Article
8
Operation staff at sea shall comply strictly with
national administrative regulations on the import and export of
material and contraband, and shall not carry narcotic drugs,
dangerous goods, pornographic audio-video
product, pornographic
book, precious metal, precious medicinal material or national
cultural relic
to go on or off shore. |
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Article
9
Operation staff at sea shall comply with national
regulations on secrecy, shall not disclose state secret to
anyone, not participate in any illegal activity, and shall
report to frontier defense working station
(checkpoint) in time
upon discovering other person conducting such activity. |
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Article
10
Ship used by operation staff at sea shall go in and out
port, sail and anchor according to provided time and appointed
port, shall not be used to carry person without legal or
effective certificate to go to sea or
go on shore. Ship to carry
operation staff at sea is forbidden to sail without book or
brand or
overload. Owner of the ship is forbidden to carry
smuggled goods or traffic smuggled goods for other person. |
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Article
11
Ship for operation at sea shall not anchor at the
riverside, seashore or port in Hongkong district without
permission. Anyone, who takes shelter from the wind or danger at
Hongkong' s port, shall report relevant
situation to the
frontier defense working station (checkpoint) after going on
shore. Operation
staff at sea is forbidden to engage in any
activity in Hongkong district. |
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Article
12 Ship
or person transporting aquatic product or agriculture and
sideline product for other person
shall be fixed and be examined
and approved by department of public security and frontier
defense. |
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Article
13
Operation staff at sea shall assist and cooperate with
department of public security and frontier defense to exercise
its duty where there is important or emergent affair occurred. |
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Article
14
Goods picked in frontier or coastal area shall be handed
in actively to frontier defense working station (checkpoint)
in
time, and shall not be kept or used by oneself. Anyone, who find
floating leaflet, food or explosive
article, shall report to
department of public security and frontier defense in time and
keep the
scene intact. |
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Article
15
Operation staff at sea shall maintain state interests
consciously, shall not take action against national fame,
national dignity and personality. They shall hold together and
cooperate with each other, and comply
with the sino-Hongkong
provisional boundary regulations consciously when working in the
frontier
water area. |
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Article
16
If operation staff at sea conducts anyone of the
following behaviors, he shall be imposed a penalty of
confiscation, a fine less than the value of goods, withhold his
certificate for one to three months or revoked
his certificate.
If the circumstance is serious and constitutes a crime, he shall
be investigated
criminal responsibility: |
1.
violating the administration of sea card, or fabricating,
altering, lending or changing certificate; |
2.
taking foreign exchange out of border without permission, or
taking more RMB than limited; |
3.
ship owner carries or traffics smuggled goods, or transports
person without legal, effective
certificate to go to sea, leave
or enter a country; |
4.
not reporting when the ship anchors in Hongkong area; |
5.
certificate holder takes action after going on shore in Hongkong
area; |
6.
hindering examination or escaping from examination; |
7.
engaging in various illegal or criminal activity. |
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Article
17
If the party does not agree with the decision of
administrative penalty, he may apply for review to the municipal
public safety bureau within 15 days upon the reception of the
penalty notice, and may also bring
litigation before people' s
court directly according to law. If the party does not agree
with the
review decision, he may bring litigation before
people' s court with 15 days upon the reception of the review
decision. |
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Article
18 These regulations shall go into effect as of the date of
promulgation. |