Regulations
of Shenzhen Special Economic Zone on Prohibition of Eating Wild
Animals
|
(Adopted
at the Twenty-sixth meeting of the Standing Committee of the
Third Shenzhen Municipal People's
Congress on August 27, 2003.) |
|
Article
1
In order to strength the protection of wild animal resources,
maintain ecological balance, advocate
civilized, sanitary life
style and good dietary habit, and guarantee people' s health,
these regulations
are formulated in accordance with the basic
principle of relevant laws and administrative regulations,
combining with the actual circumstances of Shenzhen Special
Economic Zone. |
|
Article
2
Wild animals, which are prohibited to be eaten by these
regulations, refer to the following wild
animals and their
products: |
(1)
the wild animals, which are announced by the State Council to be
protected specially by the
State; |
(2)
the wild animals, which are announced by the People' s
Government of Guangdong Province to be
protected specially by
Guangdong Province; |
(3)
the wild terrestrial animals, which are announced by the
administrative competent department
of forestry of the State
Council to be beneficial or have great economic or scientific
value. |
The
wild animals stipulated in the preceding paragraph exclude
those, which are domesticated and
propagated successfully
according to law, can be bred in large amount, pass the
inspection and
quarantine, and are permitted to be eaten by the
competent department of forestry or fishery of the State or
Guangdong Province. |
The
product of wild animal in these regulations refers to any part
of a wild animal or its ramification. |
|
Article
3
No operator of the catering trade, other unit or individual, may
operate, process or sell the wild
animal or its product, which
is prohibited to be eaten. |
|
Article
4
No operator of the catering trade may use the name, alias or
design of the wild animal or its product,
which is prohibited to
be eaten, in signboard or menu to drum for interests or induce
customers. |
|
Article
5
The administrative competent departments of forestry, fishery,
industry and commerce of the municipal
or district people' s
government shall cooperate on the basis of division of labor,
find out and
punish the act of processing, selling or eating the
wild animal or its product within their respective powers and
duties according to law. The departments of public security,
city appearance and quarantine shall
give support and
assistance. |
The
administrative competent departments of forestry, fishery,
commerce and industry may detain
or seal up the wild animal or
its product, when they find out and punish the act violating
these
regulations. The period of detention or sealing up shall
not exceed 15 days at the longest. Relevant competent department
shall take good care of the detained wild animal. |
|
Article
6
The administrative competent departments of forestry and fishery
of the municipal people' s government
shall be in charge of
protecting, breeding, freeing, accepting and handing over wild
animals. |
Government
encourages, directs and supervises units and individuals to
carry out the protection
and rescue of wild animals according to
law. |
|
Article
7
The municipal and district people' s governments, education
institutions and social organizations
shall strengthen the
propaganda and education of wild animal protection. The news
media shall report
the disclosed illegal act of eating wild
animal in time. The administrative competent departments of
forestry and fishery shall transmit and propagandize the list of
protected wild animals in time. |
|
Article
8
Any one, who violates these regulations, shall be punished
according to the following provisions: |
(1)
Any one, who eats the wild animal stipulated in Article 2 of
these regulations, shall be imposed
a fine of 1,000 yuan by the
administrative competent department of forestry or fishery. The
eating
organizer shall be imposed a fine of 2,000 to 10,000 yuan; |
(2)
Any one, who violates the provisions of Article 3 of these
regulations, shall be confiscated
the goods and illegal gains,
and be imposed a fine of 20,000 to 100,000 yuan by the
administrative
competent department of forestry,
fishery or industry and commerce; |
(3) Any one, who violates the provisions of Article 4 of these
regulations, shall be ordered to make correction within
a time
limit by the administrative department of industry and commerce.
If he fails to make correction
within the time limit, the
administrative department of industry and commerce shall
demolish the
signboard or confiscate the menu forcibly, and
impose him a fine of 1,000 to 5,000 yuan. |
|
Article
9
Any one, who reports the illegal act of processing, selling or
eating wild animal, shall be award
by the administrative
competent department of forestry, fishery or industry and
commerce. The concrete
measures shall be enacted by the
municipal people' s government. |
|
Article
10
The working staff of the administrative competent department of
forestry, fishery, industry and
commerce, or other relevant
department, who neglects his duty, abuses his power, plays
irregularities
for favoritism, covers up or connives at illegal
act, or refuses to accept, save, breed, free or deliver the
confiscated, detained or delivered wild animal, shall be given
administrative punishment by his unit
or the superior competent
department. If his act constitutes a crime, he shall be
investigated
for criminal responsibility according to law. |
|
Article
11
These
regulations shall go into effect as of October 1, 2003. |