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深圳市因公临时出国、赴港澳人员监察暂行规定(93年修正)

分类: 法律英语 
 

(Promulgated by the Shenzhen People‘s Government on May 20, 1990, re-promulgated by Order No. 16 of the Shenzhen People’s Government on October 21, 1993)
颁布日期:19931021  实施日期:19931021  颁布单位:深圳市人民政府

Article 1 In order to strengthen the administration of the foreign affairs acts of the personnel of this municipality temporarily going abroad and to Hong Kong, Macao for official business and to conduct the effective supervision of the acts, these rules are hereby formulated in accordance with the related law, regulations.

Article 2 These rules shall apply to the personnel of this municipality temporarily going abroad and to Hong Kong, Macao for official business.

Article 3 All persons temporarily going abroad and to Hong Kong, Macao for official business shall apply for the documents according to the related rules of the Shenzhen Municipality on the administration of the personnel temporarily going abroad and to Hong Kong, Macao for official business. Neither organization nor person shall obtain passports, passes by fraud; no one shall be allowed to purchase and use false passports and passes illegally.

For any person obtaining by fraud or illegally purchasing a passport or a pass through irregular means and channels, the responsibility of administrative discipline shall be ascertained, and a sanction of removing from office up to discharging from public employment shall be imposed according to the seriousness of circumstances.

Article 4 Neither unit nor person shall regard processing multiple entry-exit passports, passes for temporarily going abroad and to Hong Kong, Macao as a kind of remuneration; no one shall be allowed to make a deal by processing a certificate.

In case of violation of the rules in the above section, the unit shall be disqualified for applying for the documents in one year according to the seriousness of circumstances; a disciplinary sanction of recording an administrative demerit up to demoting shall be imposed on the doer.

Article 5 Neither unit nor person shall obtain passports, passes by fraud under the guise of foreign trade, investigation into intentions, inspection and acceptance of goods, etc., not to mention asking invitations from foreign businessmen to go abroad and to Hong Kong, Macao as an exchange for economic and trade interests.

In case of violation of the rules in the above section, the unit shall be disqualified for processing the documents in one year, and a disciplinary sanction of recording an administrative demerit up to discharging from office shall be imposed on the doer according to the seriousness of circumstances.

Article 6 It shall be strictly forbidden for leading officials to concoct various pretexts under the guise of investigation to make visits concerning foreign affairs which are not appropriate for their position and status; they shall not give a hint to foreign businessmen and institutions stationed abroad that they want invitations to go abroad for visits.

In case of violation of the rules in the above section, the passport shall be revoked, and a sanction of circulating a notice of criticism, recording an administrative demerit, recording a special demerit or demoting shall be imposed according to the seriousness of circumstances.

Article 7 All persons holding multiple entry-exit passports, passes shall turn over these exit documents to the responsible office for keeping and managing according to the rules when they are working within the borders.

In case of violation of the rules in the above section, the person shall be disqualified for holding the documents in one year.

Article 8 It shall be strictly forbidden to use multiple entry-exit documents to leave the country in holiday seasons, and even more strictly prohibited to go to Hong Kong, Macao for traveling, vacation, and personal business during these seasons.

In case of violation of the rules in the above section, the documents shall be revoked by the document-issuing office, and the person shall be disqualified for applying for the documents to go abroad and to Hong Kong, Macao in one year.

Article 9 The units applying for passports, passes and the offices in charge of examination and approval of the documents shall strictly comply with the related rules of the state in application, examination, and approval when processing the documents, and shall not resort to fraud and abuse power for personal gain in this procedure.

In case of violation of the rules in the above section, the applying unit shall be disqualified for application in one year; a sanction of recording an administrative demerit up to demoting shall be imposed on the doer according to the seriousness of circumstances; a heavier administrative sanction shall be imposed on the person handling the case in the office in charge of the examination and approval of the documents.

Article 10 Any person who is under investigation because of bad behavior or on suspicion of an economic crime or for other reasons shall not be allowed to go abroad and to Hong Kong, Macao.

Groups temporarily going abroad and to Hong Kong, Macao for official business shall strictly observe the foreign affairs discipline during their stay abroad. If group members have defected under incitation of enemy agencies, eloped without return, betrayed important confidential matters, or taken any action to damage the state dignity abroad as a result of the irresponsibility of group leaders in their work, sanctions of recording a demerit up to discharging from public employment shall be imposed on the doers and group leaders according to the seriousness of circumstances. If a crime has been constituted, the judicial department shall investigate into criminal responsibility according to law.

Article 11 It shall be strictly forbidden for the persons temporarily going abroad and to Hong Kong, Macao for official business to take advantage of such convenience to purchase stocks, retain and evade foreign exchange, evade taxes, and engage in various activities of smuggling and trafficking in contraband abroad.

In case of violation of the rules in the above section, disqualification for holding the documents in one year and disciplinary sanctions of recording a demerit up to discharging from public employment shall be imposed according to the seriousness of circumstances.

Article 12 Persons temporarily going abroad and to Hong Kong, Macao for official business shall not do private business and off-the-book operation abroad. A person who has made a private deposit abroad shall report and register in the responsible office of the department which the person is affiliated with, and explain the source of the money. If the deposit is concealed and unreported or its source cannot be explained, it shall be regarded as an illegal income for the person‘s punishment once the deposit has been found by investigation.

In case of violation of the rules in the above section, a disciplinary sanction of recording an administrative demerit up to discharging from office shall be imposed according to the seriousness of circumstances.

Article 13 Persons sponsored and invited by the businessmen of foreign countries, Hong Kong, Macao shall spend living and traveling expenses according to the rules. It shall be strictly forbidden to use any reason and excuse to accept, demand money and goods from trading and cooperating unit or person of foreign countries, Hong Kong, and Macao; it shall not be allowed to borrow money from economically and commercially related foreign businessmen to buy personal goods.

In case of violation of the rules in the above section, an administrative sanction of recording a demerit up to demoting shall be imposed according to the seriousness of circumstances.

Article 14 Persons temporarily going abroad and to Hong Kong, Macao for official business shall strictly observe the foreign affairs discipline, neither group nor person shall go to obscene places, watch pornographic, reactionary movies, videos, books, and journals, purchase, borrow, demand or accept pornographic, reactionary articles given by other people, and bring pornographic, reactionary articles when entering the country.

In case of violation of the rules in the above section, a disciplinary sanction of recording a demerit up to discharging from public employment shall be imposed according to the seriousness of circumstances. Article 15 If an act of violation of these rules constitutes a crime, the judicial department shall investigate into criminal responsibility according to law.

Article 16 The units such as the Municipal Bureau of Administrative Supervision, Bureau of Personnel, Foreign Affairs Office, Bureau of Public Security, Customs in Kowloon, etc. shall be responsible for supervising and implementing these rules according to their respective functions.

Article 17 These rules shall take effect as of the date of promulgation.

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