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Procedures of Shanghai Municipality on the Administration of the Temporary Residence Permit for Hong Kong and Macao Residents
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| (Promulgated by the Shanghai People's Government on August 16,1996) Article 1 (Purpose and Basis) The present Procedures are formulated in accordance with the relevant State laws and regulations and in line with the actual situations in Shanghai, to strengthen the administration of Hong Kong and Macao residents and overseas Chinese living temporarily in Shanghai, and to protect their legitimate rights and interests. Article 2ˇ´Definitionˇµ Hong Kong and Macao residents specified in the present Procedures refers to Chinese citizens residing permanently in Hong Kong and Macao, and overseas Chinese refers to Chinese citizens residing permanently in foreign countries. Article 3 (Scope of Applicationˇµ The present Procedures apply to Hong Kong and Macao residents and overseas Chinese who plan to sojourn in Shanghai for more than three months. Article 4ˇ´Administrative Department ˇµ The Shanghai Municipal Public Security Bureau is the municipal administrative department in charge of the administration of the Temporary Residence Permit for Hong Kong and Macao Residents and Overseas Chinese (Hereinafter referred to as "Temporary Residence Permit" . Public security departments at district and county levels are directly responsible for the work in connection with the administration of the "Temporary Residence Permit" for Hong Kong and Macao residents and overseas Chinese staying within areas of their jurisdictions. Article 5 (Application for the Temporary Residence Permit) Hong Kong and Macao residents and overseas Chinese who plan to sojourn in Shanghai for more than three months shall apply to the district or county public security departments, whose jurisdiction encompasses the place where they live, for the Temporary Residence Permit. The Temporary Residence Permit is the residence permit for Hong Kong and Macao residents and overseas Chinese staying in Shanghai for more than three months. Article 6 (Application Formalities ˇµ The following formalities shall be completed in applying for the Temporary Residence Permit: 1.Filling in the application form of the Temporary Residence Permit; 2.Submitting one's valid identification card and one's exit and entry permit for checking; 3.Submitting one's health certificate issued or approved by hea1th and quarantine organizations; 4.Submitting three copies of his or her recent two-inch, half-length bare-headed, full-face photos; and 5.Submitting other documents related to one's temporary stay in Shanghai. Article 7 (Examination and Approval of the Application for the Temporary Residence Permit) Within 10days after receiving all the necessary documents required for applying for the Temporary Residence Permit, the public security department shall finish checking them and issue the Temporary Residence Permit if the applicant is qualified. Article 8 (Validity Term of the Temporary Residence Permit) The Temporary Residence Permit shall be valid for one year, provided that the term does not exceed the validity term of the exit and entry permit held by the holder of the Temporary Residence Permit (Hereinafter referred to as the "Permit Holder" ) Article 9 (Renewal of the Temporary Residence Permit) If the Permit Holder wants to stay in Shanghai beyond the validity term of his or her Temporary Residence Permit, he or she shall apply, within 30days before the permit expires, to the district or county public security department for a renewal. A renewal of the Temporary Residence Permit shall be no more than one year. Article l0 (Formalities for Alterations in the Temporary Residence Permit) If there is any alteration with respect to the residential address, working unit or other items that listed on the Temporary Residence Permit, the Permit Holder shall, register with the district or county public security department for the alteration within 15days after it takes place. The public security department shall accomplish the registration of the alteration. Article 11 (Cancellation of the Temporary Residence Permit) If the permit Holder dies in Shanghai, his or her relative, guardian or agent shall, within 7days after the death, hand in the Temporary Residence Permit for cancellation to the district or county public security department that issued the Permit. Article 12 (Reissue and Replacement of the Temporary Residence Permit) If the Temporary Residence Permit is lost or damaged, the Permit Holder shall report immediately to the district or county public security department and apply for the reissue or replacement of the Temporary Residence Permit. Article 13 (Checking on the Temporary Residence Permit) The permit Holder at or above the age of 16 shall carry the Temporary Residence Permit at all times. Public security officers on duty have the right to examine the Temporary Residence Permit. In exercising this right they shall show the Permit Holder their I D cards. Article 14ˇ´Administrative pena1tyˇµ The pub1ic security department may give a disciplinary warning to, or impose a fine of50-200yuan on, anyone who does any of the following in violation of the present Procedures: 1.Staying in Shanghai for more than three months without obtaining the Temporary Residence Permit and refusing to apply for one after receiving notice from the public security department; 2.Staying in Shanghai after the validity term of the Temporary Residence Permit expires without renewal; 3.Failure to register for alteration with respect to the address, the work unit, etc. listed on the Temporary Residence Permit after such alteration occurs. For the lending or borrowing, transfer, buying or selling, forgery, unauthorized alteration or fraudulent use of the Temporary Residence Permit, the wrongdoer shall be subjected to a fine of 200-500yuan, and the Temporary Residence Permit shall be confiscated by the public security department. Those whose violation of the present Procedures deserves penalties for disturbing public security shall be punished by public security departments in accordance with the "Regulations of the People 's Republic of China on Public Security Administration and Imposition of Punishment" . Those whose violation of the present Procedures constitutes a crime shall be prosecuted for criminal liability by judicial organs in accordance with the law. Article 15 (Punishment Procedure) Public Security Departments shall give a written decision of administration penalty when imposing administrative penalties. A unified fine and confiscation receipt printed by the municipal finance department shall be given when collecting the fine. The fines shall be turned over to the state treasury in accordance with the relevant regulations. Article 16ˇ´Reconsideration and Litigation) If the penalized party refuses to accept the administrative decision of the public security department, he or she may apply for administrative reconsideration or bring an administrative action in a People's court in accordance with the "Regulations on Administrative Reconsideration" and the "Administrative Litigation Law of People's Republic of China" . If a party does not apply for reconsideration, nor brings an action, and nor performs the specific administrative act, the authorities that made the decision of the specific administrative act may apply to a people's court for enforcement in accordance with the "Administrative Litigation Law of People's Republic of China" . Article 17 (Investigation of Unlawful Practice by Law-enforcement Officers) Public security officers shall abide by the law and regulations and decide cases according to the law. Those who abuse their power, neglect their duty, commit acts of malpractice for personal gains, take bribes and pervert the law shall be prosecuted in accordance with the law for their criminal liability if their acts constitute a crime, administrative disciplinary measures shall be taken against them if their actions do not yet constitute a crime. Article 18ˇ´Authorities for Interpretationˇµ The Shanghai Municipal Public Security Bureau is responsible for the interpretation of application of the present Procedures. Article 19 (Date of Implementation) The present Procedures shall become effective on January 1,1997. |
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