Public Security Administration Punishments Law of the People's Republic of China

Chapter I General Provisions

Article 1 This Law is enacted with a view to maintaining the social security order, guaranteeing public safety, protecting the lawful rights and interests of the citizens, legal persons and other organizations, regulating and ensuring the lawful fulfillment of the public security administration duties by the public security organs and the people’s policemen.

Article 2 With regard to an act of disrupting public order, encroaching upon the right of the person, the right of property or impairing social administration, if it is of social harmfulness and constitutes any crime as provided for in the Criminal Law of the People’s Republic of China, it shall be subject to criminal liabilities. If it is not serious enough to be subject to a criminal punishment, it shall, in accordance with this law, be subject to public security punishment by the public security organ.

Article 3 The provisions of this Law shall apply to the procedures for the public security administration punishments. If any matter is not covered by this Law, the relevant provisions of the Administrative Punishment Law of the People’s Republic of China shall apply.

Article 4 This Law shall apply to the acts violating the public security administration within the territory of the People’s Republic of China unless it is otherwise provided for in any law. This Law shall apply to the acts violating the public security administration that occur in the vessels and aircrafts of the People’s Republic of China unless it is otherwise provided for in any law.

Article 5 The public security administration punishments shall be based on facts and shall be suitable for the nature and circumstances and extent of harm to the society caused by the act violating the public security administration. The imposition of public security administration punishments shall be open and impartial, shall respect and guarantee human rights and shall protect the personal dignity of the citizens. The principle of combining education with punishments shall be observed in tackling security cases.

Article 6 The people’s governments at all levels shall strengthen the comprehensive control of social security, shall take effective measures to solve social contradictions, enhance social harmony and maintain social stability.

Article 7 The public security department of the State Council shall be responsible for the public security administration throughout the country. The public security organs of the people’s governments at all levels shall be responsible for the public security administration within their respective administrative division. The jurisdiction of security cases shall be forest forth by the public security department of the State Council.

Article 8 Where an act violating public security administration causes any damage to any other person, the violator or its guardian shall bear civil liabilities under the law.

Article 9 With regard to the acts violating public security administration, such as fight and destroy of property of any other person due to civil disputes, if the circumstances are lenient, the public security organ may solve them by mediation. Upon mediation of the public security organ, if the parties concerned reach an agreement, it shall be exempted from punishment. If no agreement is reached, or if an agreement has been reached but not executed, the public security organ may punish the violator of public security administration in accordance with this Law and inform the parties concerned that they may lodge a civil lawsuit in the people’s court for the civil dispute concerned.

Chapter II Categories and Application of the Punishments Thereto

Article 10 The public security administration punishments are classified into the following categories: (1)Warning; (2)Pecuniary penalty; (3)Administrative detention; and (4)Revocation of the license issued by the public security organ; Any foreigner who violates the public security administration may be given an additionally applicable time limit for exiting China or being expelled from China.

Article 11 The drugs, obscene articles and other prohibited articles, gambling tools, gambling stakes, tools for drug injection, and all the tools of the violator directly used for committing a violation of the public security administration that are discovered in a public security case shall be confiscated and disposed of in accordance with the relevant provisions. The properties gained by violating the public security administration shall be confiscated and returned to the victim. If there is no victim, the properties shall be recorded down and shall be auctioned openly or shall be disposed of in accordance with the relevant provisions of the state, and the proceeds therefrom shall be turned over to the state treasury.

Article 12 Where a person who attains to the age of 14 but is less than 18 years old violates public security administration, he shall be given a lighter or mitigated punishment. Where a person who is less than 14 years old violates public security administration, he (she) shall be immune from punishment, but his guardian shall be ordered to offer him strict custodian education.

Article 13 If a mentally insane patient causes any harmful consequences at a time when he (she) is unable to understand or control his own conduct, he shall be immune from punishment, but his (her) guardian shall be ordered to keep him under strict watch and control and give him medical treatment. An intermittently mentally insane patient shall be punished if he (she) violates the public security administration when he is in a normal mental state.

Article 14 A blind or deaf-and-mute person who violates the administration of public security may be given a lighter or mitigated punishment or may be exempted from punishment.

Article 15 An intoxicated person who violates the administration of public security shall be punished. As to any intoxicated person who may face danger himself (herself) or cause danger to the body or property of any other person or to the public safety, a protective measure shall be taken to control him (her) until he (she) sobers up.

Article 16 Where a person commits two or more acts violating public security administration, rulings shall be made separately but shall be executed concurrently. The maximum time period for the concurrently executed punishments as administrative detention shall not exceed 20 days.

Article 17 Where 2 or more persons jointly commit a violation of public security administration, they shall be punished separately on the basis of their respective role in the violation. Any person who instigates, coerces or induces any other person to violate public security administration, he (she) shall be punished according to the act he has instigated, coerced or induced.

Article 18 Where an entity violates public security administration, the directly liable person-in-charge of the entity and other directly liable persons shall be punished in accordance with this Law. Where any other law or administrative regulation prescribes any punishment on the same violation, the other law or administrative regulation shall prevail.

Article 19 Under any of the following circumstances, the violator of public security administration shall be given a mitigated punishment or may be exempted from punishment: (1)The circumstances are extremely lenient; (2)The violator has eliminated or mitigated the consequences of the illegal act on his own initiative and has obtained the understanding of the victim; (3)He (She) committed the violation because he (she) is forced or induced to do so; (4)He (She) surrenders himself to justice and faithfully makes a statement about the violation to the public security organ; and (5)He (She) has performed meritorious services.

Article 20 Under any of the following circumstances, a violator of public security administration shall be given a heavier punishment: (1)Having caused rather serious consequences; (2)Instigating, coercing or inducing any other person to violate public security administration; (3)Revenging on the person who reported the case to the public security organ, the accuser, informant or witness; (4)Having ever been subjected to any public security administration punishment within 6 months.

Article 21 Where a violator of public security administration is under any of the following circumstances, if he should be given a punishment of administrative detention under this Law, the punishment of administrative detention shall not be executed: (1)He (She) attains to the age of 14 but is under the age of 16; (2)He (She) attains to the age of 16 but less than the age of 18 and violates public security administration for the first time; (3)He (She) attains to the age of 70 or more; or (4)She (is) pregnant or is breast-feeding her baby of less than 1 year old.

Article 22 Where any violation of public security administration has not been found by the public security organ within 6 months, no punishment may be given thereafter. The time period as provided for in the preceding paragraph shall be counted from the day when the violation is committed. If the violation is continuous or in a state of continuity, the time period shall be counted as of the day when the violation ends.

Chapter III Acts Violating Public Security Administration and the Punishments Thereto

Section 1 Acts Disrupting Public Order and the Punishments Thereto

Article 23 Where a person commits any of the following acts, he shall be given a warning or a pecuniary penalty. If the circumstances are serious, he (she) shall be detained for not less than 5 days but not more than 10 days and may be fined 500 yuan: (1)He (she) disturbs the order of any organ, social organization, enterprise or public institution and makes it impossible for the work, production, business, medical services, teaching or scientific research to proceed normally, but has not caused any serious loss; (2)He (She) disturbs the order of any bus station, port, dock, civil airport, emporium, park, exhibition hall or any other public place; (3)He (She) disturbs the order of any bus, trolleybus, train, ship, aircraft or any other means of public transport; (4)He (She) illegally stops or board any slowly going motor vehicle, ship, aircraft or any other means of transport and affects the normal operation of the means of transport; or (5)He (She) disturbs the order of any on-going election. The principal violator who gathers a crowd to commit any of the acts as mentioned in the preceding paragraph shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1, 000 yuan.

Article 24 Where a person commits any of the following acts to disturb the order of a cultural activity, sport or any other large scale mass activity, he (she) shall be given a warning or fined not more than 200 yuan. If the circumstances are serious, he (she) be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan: (1)Entering into the venue by force; (2)Setting off fireworks and firecrackers or other articles in a prohibited area by violating relevant provisions; (3)Showing any insulting banner, scroll or other article; (4)Besieging any referee, athlete or other working personnel; (5)Throwing sundries into the arena and refusing to stop doing so after being ordered to stop; or (6)Other acts disturbing the order of large scale mass activities. Where a person is given a punishment of detention due to disturbing the order of a sport game, he (she) may ordered not to enter into gymnasiums to watch games of the same type. If he enters into a gymnasium by violating the provisions, he shall be forced to leave the venue.

Article 25 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are relatively lenient, he (she) shall be detained 5 days or less or be fined not more than 500 yuan: (1)Intentionally disturbing public order by spreading any rumor, giving false information about the situation of any risk, epidemic disease or emergency, or by any other means; (2) Disturbing public order by throwing any fake explosive, toxic, radioactive or caustic substances, or any fake infectious disease pathogen; (3) Disturbing public order by threat to set fire, blast or throw dangerous substances.

Article 26 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan. If the circumstances are quite serious, he (she) shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1, 000 yuan: (1)Gang-fighting; (2)Chasing or heading off any other person; (3)Forcibly taking or demanding, willfully damaging, destroying or appropriating any public or private property; (4)Other acts of picking a quarrel and making trouble.

Article 27 Anyone who commits any of the following acts may be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 1, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 5, 00 yuan: (1)Organizing, instigating, intimidating, inducing or inciting any other person to carry out activities of any cult or superstitious sect or secret society, or disturbing the social order or impairing the health of any other person by using any cult, or superstitious sect or secret society, or superstitious activity; or (2)Disturbing the social order or impairing the health of any other person in the name of any religion or Qigong.

Article 28 Where anyone, who deliberately interfere with the operation of any normal radio business or produces harmful interference to any normally operating radio station by violating the provisions of the state, fails to adopt effective measures to eliminate the interference after the relevant administrative organ points it out. If the circumstances are serious, he (she) shall be detained for not less than 10 days but not more than 15 days.

Article 29 Anyone who commits any of the following acts shall be detained for not more than 5 days. If the circumstances are relatively serious, he (she) shall be detained for not less than 5 days but not more than 10 days: (1)Invading a computer information system and causing any damage by violating the provisions of the state; (2)Deleting, modifying, increasing or interfering with the

functions of a computer information system and making the computer information system impossible to operate normally by violating the provisions of the state; (3)Deleting, modifying or adding the data memorized, processed or transmitted in a computer information system, and the application programs of the computer information system; or (4)Deliberately making and spreading any destructive programs such as computer virus and affecting the normal operation of a computer information system.

Section 2 Acts Impairing Public Safety and the Punishments Thereto

Article 30 Anyone who produces, buys, sells, preserves, transports, mails, carries, uses, offers or disposes of any dangerous substance, such as explosive, toxic, radioactive or caustic substances or infectious disease pathogens, he (she) shall be detained for not less than 10 days but not more than 15 days. If circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days.

Article 31 Where any dangerous substance, such as explosive, toxic, radioactive or caustic substances or any infectious disease pathogen, are stolen, robbed or lost, if the liable person fails to report according to the relevant provisions, he (she) shall be detained for not more than 5 days. If he (she) deliberately conceals the fact so as not to report, he (she) shall be detained for not less than 5 days but not more than 10 days.

Article 32 Anyone who illicitly carries any gun, ammunition, crossbow, dagger or any other tool controlled by the state shall be detained for not more than 5 days, and may be concurrently fined 500 yuan. If the circumstances are lenient, he (she) shall be given a warning or be fined not more than 200 yuan. Anyone who illicitly carries any gun, ammunition, crossbow, dagger or any other tool controlled by the state into a public place or public transport tool shall be detained for not less than 5 days but not less than 10 days and may be concurrently fined 500 yuan.

Article 33 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days: (1)Stealing, damaging or destroying any public facilities for oil and gas pipeline, electricity and telecom, radio and television facilities, water conservancy and flood prevention engineering or facilities for hydrological monitoring and measurement, weather observation and forecast, environment monitoring, geographical monitoring or earthquake monitoring; (2)Removing, damaging or destroying any border mark and facilities such as boundary tablet, boundary marker, or indicating facilities for territorial land or territorial sea; or (3)Illicitly carrying out any activity that may affect the direction of the border (boundary) line or build any facilities that may hamper the border (boundary) administration.

Article 34 Anyone who steals, damages or illegally moves any aviation facilities in use, or forces into the cockpit of any aircraft shall be detained for not less than 10 days but not more than 15 days. Where a person uses any device or tool that may affect the normal functions of the navigation system on an aircraft in use, if he (she) refuses to stop its act after being dissuaded from doing so, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan.

Article 35 Where a person commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan: (1)Stealing, damaging or destroying or illicitly removing any railway facilities, equipment, locomotive fittings and safety signals; (2)Placing obstacles on a railway or intentionally throwing any object to a train; (3)Digging holes or quarrying or obtaining sand at the location of a railway, bridge or culvert; or (4)Illegally establishing any crossway or road junction on a railway.

Article 36 Where a person illegally enters into a railway protection net or walks, sits or lie on a railway or rushes to cross a railway when a train is coming, if he (she) affects the safety of the train, he (she) shall be given a warning or shall be fined not more than 200 yuan.

Article 37 Anyone who commits any of the following acts shall be detained for not more than 5 days or shall be fined not more than 500 yuan. If the circumstances are serious, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 500 yuan: (1)Installing or using any power grid without approval, or installing or using any power grid that doesn’t conform to the safety requirements; (2)Failing to install any covering, sign or fence for a pit, well, ridge and hole in a construction site where vehicles and pedestrians pass, or intentionally damaging, destroying, or removing any covering, sign and fence; (3)Stealing, damaging or destroying any public facilities, such as well lids and lighting devices on a road.

Article 38 Where a large scale mass culture or sport activity is in violation of the relevant provisions, if there is any risk of safety accident, the organizer shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not less than 200 yuan but not more than 500 yuan. If the circumstances are relatively lenient, he (she) detained for not more than 5 days or shall be fined not more than 500 yuan.

Article 39 Where the business manager of a hotel, restaurant, cinema, theatre, entertainment place, playground, exhibition hall or any other place for public activity causes any safety accident risk in this place by violating the safety provisions, if he (she) refuses to make corrections after he (she) has been ordered to make corrections, he (she) shall be detained for not more than 5 days.

Section 3 Acts Infringing upon Personal Rights or Encroaching upon Property Right and the Punishments Thereto

Article 40 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall be concurrently fined not less than 500 yuan but not more than 1, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not less than 200 yuan but not more than 500 yuan: (1)Organizing, coercing or inducing any minor who hasn’t attained to the age of 16 or a disabled person to make terrific or cruel performances; (2)Forcing any other person to work by violence, menace or by any other means; or (3)Illegally restricting the personal freedom of any other person, illegally intruding the house of any other person or illegally searching the body of any other person.

Article 41 Anyone who coerces, induces or uses any person to go begging shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 1, 000 yuan. Anyone who goes begging by importuning, forcibly begging or by any other means of annoying any person shall be detained for not more than 5 days or shall be given a warning.

Article 42 Anyone who commits any of the following acts shall be detained for not more than 5 days or shall be fined not more than 500 yuan. If the circumstances are relatively serious, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 500 yuan: (1)Threatening the personal safety of any other person by writing threat letters or by any other means; (2)Insulting any other person openly or making up stories to defame any other person; (3)Attempting to make any other person subject to criminal punishment or public security administration punishment by making up stories and bringing a false charge against any other person; (4)Threatening, insulting, beating or revenging upon the witness and his (her) close relatives; (5)Interfering with the normal life of any other person by sending any obscene, insulting, threatening or other information time after time; (6)Peeping into, sneaking photos, wiretapping or spreading the privacy of any other person.

Article 43 Anyone who blows any person or intentionally injures the body of any person shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan. If the circumstances are lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan. Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1, 000 yuan: (1)Beating or injuring any person by forming a group; (2)Beating or injuring any person who is disabled, pregnant, under the age of 14 or more than 60 years old; or (3)Beating or injuring any person for two or more times, or

beating or injuring several people at a time.

Article 44 Anyone who acts indecently towards any person or deliberately expose his body at a public place shall be detained for not less than 5 days but not more than 10 days if the circumstances are absolutely vile. Anyone who acts indecently towards a disabled person, mentally insane patient, or minor under the age of 14, or who commits any other severe violation shall be detained for not less than 10 days but not more than 15 days.

Article 45 Anyone who commits any of the following acts shall be detained for not more than 5 days or shall be given a warning: (1)Maltreating his (her) family member; the maltreated person requests for punishing him or her; or (2)Abandoning any person who hasn’t the abilities of living by himself and shall be supported by him (her).

Article 46 Anyone who forcibly buys and sells any goods, forces any person to provide services or forces any person to accept services shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not less than 200 yuan but not more than 500 yuan. If the circumstances are lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan.

Article 47 Anyone who stir up hatred or discrimination among ethnic groups, or publishes any content discriminating or insulting any minority ethnic group shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined 1, 000 yuan.

Article 48 Anyone who claims any other’s mail in the latter’s name, concealing, destroying and discarding, opening any other’s mail without permission, or illegally inspecting any other’s mail shall be detained for not more than 5 days or fined not more than 500 yuan.

Article 49 Anyone who steals, swindles, plunders, pillages, extorts or intentionally damages or destroys any public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are serious, he (she) shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined 1,000 yuan.

Section 4 Acts Impairing the Social Administration and the Punishments Thereto

Article 50 Anyone who commits any of the following acts shall be given a warning or shall be fined not less than 200 yuan. If the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan: (1)Refusing to execute the decision or order lawfully issued by the people’s government in an emergent situation; (2)Obstructing any functionaries of the state organ from performing their duties; (3)Hindering any fire engine, ambulance, engineering emergency-relief vehicle or police car from passing; or (4)Forcibly rushing into the warning area or warning zone delimited by the public organ. Anyone who prevents the people’s policemen from performing their duties shall be given a heavier punishment.

Article 51 Anyone who commits any fraudulent act by impersonating any functionary of the state organ or by using any other false identity shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan. Anyone who commits any fraudulent act by impersonating any serviceman or policeman shall be given a heavier punishment.

Article 52 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 1, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 500 yuan: (1)Counterfeiting, altering, buying or selling any document, certificate, certification document or seal of any state organ, mass organization, enterprise, public institution or any other organization; (2)Buying, selling or using any counterfeited or altered document, certificate, certification document or seal of any state organ, mass organization, enterprise, public institution or any other organization; (3)Counterfeiting, altering, scalping passengers tickets for vehicles, vessels, airplanes, artistic and cultural performances or sport games, or other negotiable instruments or vouchers; or (4)Counterfeiting or altering any registration plates of vessels, buying, selling or using any counterfeited or altered registration plates of vessels, or altering the serial number of the engine of a vessel.

Article 53 Where a vessel illegally enters into or moors in an area or island banned or restricted by the state, the person-in-charge and other relevant liable persons of the vessel shall be fined not less than 500 yuan but not more than 1, 000 yuan. If the circumstances are serious, he (she) shall be detained for not more than 5 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan.

Article 54 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall be concurrently fined not less than 500 yuan but not more than 1, 000 yuan: (1)Violating the relevant provisions of the state by carrying out activities in the name of an unregistered social organization, and continuing to carry out activities after the social organization is canceled; (2)A deregistered social organization still carries out activities in the name of the social organization; or (3)Illegally engaging in any business that shall be subject to the approval of the public organ under the relevant provisions of the state. Any of the acts as mentioned in the preceding paragraph shall be cracked down. Where a business operator licensed by the public organ violates the relevant provisions of the state, if the circumstances are serious, the public organ may revoke the license

Article 55 Where a person instigates or schemes any unlawful assembly, parade or demonstration, if he (she) refuses to stop its act after being dissuaded from doing so, he (she) shall be detained for not less than 10 days but not more than 15 days.

Article 56 Where a worker of a hotel fails to register the name, type and number of the identity certificate of any customer, or where the worker of a hotel clearly knows that a customer is carrying dangerous substances, if he fails to stop him from carrying the dangerous substances into the hotel, he shall be fined not less than 200 yuan but not more than 500 yuan. Where a worker of a hotel knows any customer is a criminal suspect or is wanted for arrest by the public organ, if he (she) fails to report it to the public organ, he (she) shall be fined not less than 200 yuan but not more than 500 yuan. If the circumstances are serious, he (she) shall be detained for not more than 5 days, and may be concurrently fined not more than 500 yuan.

Article 57 A lessor of a house who rents the house to a person without an identity certificate or who fails to register the name, type and number of the identity certificate of the lessee shall be fined not less than 200 yuan but not more than 500 yuan. A lessor of a house who knows that the lessee is committing any crime by using the rented house but fails to report it to the public organ shall be fined not less than 200 yuan but not more than 500 yuan. If the circumstances are serious, he (she) shall be not less than 5 days, and may be fined not less than 500 yuan.

Article 58 Anyone who makes noises and disturbs the normal life of any other person by violating the legal provisions on the prevention and control of pollution of social life noises shall be given a warning. If he (she) fails to make corrections after he (she) has been given a warning, he (she) shall be fined not less than 200 yuan but not more than 500 yuan.

Article 59 Anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1, 000 yuan. If the circumstances are serious, he (she) shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined 1, 000 yuan. (1)If a pawnbroking worker fails to check the relevant certifications or to perform the register formalities for any pawn accepted by him (her), or if a he (she) clearly knows that the pawner is a criminal suspect or the pawn is a booty, he (she) fails to report it to the public organ; (2)Purchasing any discarded equipment and device specifically used for railways, oil fields, power supply, telecommunications, mines, water conservancy or urban public utilities; (3)Purchasing any of booties or articles suspected to be booties that are being searched by the public organ; or (4)Purchasing any other articles as prohibited by the state from being purchased.

Article 60 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not less than 200 yuan but not more than 500 yuan: (1)Concealing, removing, selling off, damaging or destroying any property detained, sealed up or frozen by any administrative law enforcement organ; (2)Affecting the administrative law enforcement organ’s handling of a case by counterfeiting, concealing or destroying any evidence, or providing any false testimonies, giving any false information about the cases in question; (3)Harboring, removing or selling on behalf of any other person any booties which he (she) obviously knows; (4) A criminal who is under control, is deprived of political rights, is during the period of suspension of execution, or is on a medical parole or is serving any other sentence outside prison, or a person under compulsory criminal measures according to law commits an act in violation of any law, administrative regulation, or relevant supervision and administration provisions of the public security department of the State Council.

Article 61 Anyone who helps to organize or transport any other person(s) to illegally cross the national border (frontier) shall be detained for not less than 10 days but not more than 15 days, and shall be concurrently fined not less than 1, 000 yuan but not more than 5, 000 yuan.

Article 62 Anyone who knowingly facilitates any other person to illegally cross the national border (frontier) shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 500 yuan but not more than 2, 000 yuan. Anyone who illegally crosses the national border (frontier) shall be detained for not more than 5 days or shall fined not more than 500 yuan.

Article 63 Anyone who commits any of the following acts shall be given a warning or shall be fined not more than 200 yuan. If any circumstances are serious, he (she) shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not less than 200 yuan but not more than 500 yuan: (1) Destroying any cultural relics or historical sites of interest under national protection by carving on, smearing them or by any other means; (2)Endangering the safety of cultural relics by carrying out any activities of blasting, excavation or otherwise in violation of the provisions of the state.

Article 64 Anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1, 000 yuan. If the circumstances are serious, he (she) shall be detained for not less than 10 days but not more than 15 days, and shall be concurrently fined not less than 500 yuan but not more than 1, 000 yuan: (1)Driving the motor vehicle of any other person without permission; or (2)Driving any aircraft or motor vessel without a driving license or driving the aircraft or motor vessel of any other person without permission.

Article 65 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days. If the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined 1, 000 yuan: (1)Deliberately destroying or defiling the tomb of any other person or destroying, throwing away the skeleton or bone ashes of any other person; or (2)Parking any corpse at a public place or affecting the normal life or work order of any other person for parking a corpse, and refusing to stop his (her) act after being dissuaded from doing so.

Article 66 Anyone who whores or goes whoring shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 5, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more

than 500 yuan. Anyone who finds customers for any prostitute at a public place shall be detained for not more than 5 days or shall be fined not less than 500 yuan.

Article 67 Anyone who induces, shelters, introduces any other person to prostitute shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined 5, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not 500 yuan.

Article 68 Anyone who produces, transports, copies, sells or rents any obscene book and periodical, picture, film, audio and visual product, etc. or transmitting any obscene information through the computer network, telephone or other telecommunication tools shall be detained for not less than 10 days but not more than 15 days and may be concurrently fined 3, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan.

Article 69 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not less than 500 yuan but not more than 1, 000 yuan: (1)Organizing the broadcasting of any obscene audio and video program; (2)Organizing or making any obscene performance; or (3)Joining people in licentious activities. Anyone who knowingly facilitates any other person to engage in any of the activities as mentioned in the preceding paragraph shall be punished in accordance with the preceding paragraph.

Article 70 Anyone who facilitates gambling for the purpose of making profits, or participates in any gambling activity on a relatively large sum of gambling stakes shall be detained for not more than 5 days or shall be fined not more than 500 yuan. If the circumstances are serious, he (she) shall be detained for not less than 10 days but not more than 15 days, and shall be concurrently fined not less than 500 yuan but not more than 3, 000 yuan.

Article 71 Anyone who commits any of the acts shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 3, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan: (1)Illegally planting 500 opium poppies or less or a small number of original plants for narcotics; (2)Illegally buying, selling, transporting, carrying or holding a small number of seeds or seedlings of mother plants of narcotic drugs; or (3)Illegally transporting, buying, selling, storing or selling a small number of poppy capsules. If a person stops committing the acts as mentioned in the Item (1) of the preceding paragraph on his (her) initiative before it is mature, he (she) shall not be punished.

Article 72 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 2, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan: (1)Illegally holding less than 200 grams of opium, heroin or methyl amphetamine, or a small quantity of other drugs; (2)Providing any drug to any other person; (3)Taking or injecting any drug; or (4)Coercing or cheating any medical worker to prescribe any narcotic or psychotropic drug.

Article 73 Anyone who instigates, induces or cheats any other person to take or inject any drug shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 2, 000 yuan.

Article 74 Where a staff member of an entity of the hotel industry, catering industry, culture and entertainment industry or taxi industry divulges the secret information to a violator or criminal when the public security organ investigates into or punishes an activity, i.e. drug addiction, gambling, whoring or going whoring, he (she) shall be detained for not less than 10 days but not more than 15 days.

Article 75 Anyone who interferes with the normal life of any other person due to animal breeding shall be given a warning. If he fails to make corrections after the warning, or if he indulges his animal to frighten any other person, he (she) shall be fined not less than 200 yuan but not more than 500 yuan. Anyone who provokes an animal to injure any other person shall be punished in accordance with the first paragraph of Article 43

Article 76 Where a person commits any of the acts as mentioned in Article 67, 68 or 70, if he (she) refuses to make corrections despite of repeated warning, he (she) may be subject to a mandatory education measure as provided for by the state.

Article 21. The State Council and the people's governments at various levels in coastal areas shall provide better protection for the marine environment. The discharge of pollutants and the dumping of wastes into the seas the construction of coastal projects and the exploration and exploitation of offshore oil must be conducted in compliance with legal provisions so as to guard against the pollution and damage of the marine environment.

Article 22. The targets and tasks for protecting and improving the environment shall be defined in urban planning.

Article 23. In urban and rural construction vegetation waters and the natural landscape shall be protected and attention paid to the construction of gardens green land and historic sites and scenic spots in the cities in the light of the special features of the local natural environment.

Chapter IV Prevention and control of environmental pollution and other public hazards

Article 24. Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection into their plans and establish a responsibility system for environmental protection and must adopt effective measures to prevent and control the pollution and harms caused to the environment by waste gas waste water waste residues dust malodorous gases radioactive substances noise vibration and electromagnetic radiation generated in the course of production construction or other activities.

Article 25. For the technological transformation of newly-built industrial enterprises and existing industrial enterprises facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge of pollutants shall be used along with economical and rational technology for the comprehensive utilization of waste materials and the treatment of pollutants.

Article 26. Installations for the prevention and control of pollution at a construction project must be designed built and commissioned together with the principal part of the project. No permission shall be given for a construction project to be commissioned or used until its installations for the prevention and control of pollution are examined and considered up to the standard by the competent department of environmental protection administration that examined and approved the environmental impact statement.

Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization. If it is really necessary to dismantle such installations or leave them idle prior approval shall be obtained from the competent department of environmental protection administration in the locality.

Article 27. Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance with the provisions of the competent department of environmental protection administration under the State Council.

Article 28. Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards shall pay a fee for excessive discharge according to state provisions and shall assume responsibility for eliminating and controlling the pollution.

The provisions of the Law on Prevention and Control of Water Pollution shall be complied with where they are applicable.

The income derived from the fee levied for the excessive discharge of pollutants must be used for the prevention and control of pollution and shall not be appropriated for other purposes. The specific measures thereof shall be prescribed by the State Council.

Article 29. If an enterprise or institution has caused severe environmental pollution it shall be required to eliminate and control the pollution within a certain period of time.

For enterprises and institutions directly under the jurisdiction of the Central Government or the people's government of a province an autonomous region or a municipality directly under the Central Government the decision on a deadline for the elimination or control of pollution shall be made by the people's government of the province autonomous region and the municipality directly under the Central Government.

For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level such decision shall be made by the people's government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of pollution within the specified period of time.

Article 30. A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified in the regulations of our country concerning environmental protection.

Article 31. Any unit that as a result of an accident or any other exigency has caused or threatens to cause an accident of pollution must promptly take measures to prevent and control the pollution hazards make the situation known to such units and inhabitants as are likely to be endangered by such hazards report the cases to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision.

Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.

Article 32. If the safety of the lives and property of inhabitants is endangered by severe environmental pollution the competent department of environmental protection administration of the local people's government at or above the county level must promptly report to the local people's government. The people's government concerned shall take effective measures to remove or alleviate the hazard.

Article 33. The production storage transportation sale and use of toxic chemicals and materials containing radioactive substances must comply with the relevant state provisions so as to prevent environmental pollution.

Article 34. No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.

CHAPTER V LEGAL LIABILITY

Article 35. Any violator of this Law shall according to the circumstances of the case be warned or fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management for any of the following acts

1 refusing an on-site inspection by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management or resorting to trickery and fraud while undergoing inspection

2 refusing to report or submitting a false report on items for which declaration is required by the competent department of environmental protection administration under the State Council

3 failing to pay as provided for by the state the fee for the excessive discharge of pollutants

4 importing technology or a facility that fails to meet the requirements specified in the state provisions concerning environmental protection or

5 transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.

Article 36. When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control of pollution either have not been completed or fail to meet the requirements specified in state provisions the competent department of environmental protection administration responsible for the approval of the environmental impact statement on the construction project shall order the suspension of its operations or use and may concurrently impose a fine.

Article 37. A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior approval by the competent department of environmental protection administration thereby discharging pollutants in excess of the prescribed discharge standards shall be ordered by the competent department of environmental protection administration to set up the installations or put them to use again and shall concurrently be fined.

Article 38. An enterprise or institution which violates this Law thereby causing an environmental pollution accident shall be fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management in accordance with the consequent damage in a serious case the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent department of the government.

Article 39. An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall as provided for by the state pay a fee for excessive discharge in addition a fine may be imposed on it on the basis of the damage incurred or the enterprise or institution may be ordered to suspend its operations or close down.

The fine as specified in the preceding paragraph shall be decided by the competent department of environmental protection administration. An order for the suspension of operations or shut-down of an enterprise or institution shall be issued by the people's government that set the deadline for the elimination or control of pollution. An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.

Article 40. A party refusing to accept the decision on administrative sanction may within 15 days of receiving the notification on such a decision apply for reconsideration to the department next higher to the authorities that imposed the sanction if the party refuses to accept the decision of reconsideration it may within 15 days of receiving the reconsideration decision bring a suit before a people's court.

A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If upon the expiration of this period the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction the authorities that imposed the sanction may apply to the people's court for compulsory enforcement.

Article 41. A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to the unit or individual that suffered direct losses.

A dispute over the liability to make compensation or the amount of compensation may at the request of the parties be settled by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management. If a party refuses to accept the decision on the settlement it may bring a suit before a people's court. The party may also directly bring a suit before the people's court.

If environmental pollution losses result solely from irresistable natural disasters which cannot be averted even after the prompt adoption of reasonable measures the party concerned shall be exempted from liability.

Article 42. The limitation period for prosecution with respect to compensation for environmental pollution losses shall be three years counted from the time when the party becomes aware of or should become aware of the pollution losses.

Article 43. If a violation of this Law causes a serious environmental pollution accident leading to the grave consequences of heavy losses of public or private property or human injuries or deaths of persons the persons directly responsible for such an accident shall be investigated for criminal responsibility according to law.

Article 44. Whoever in violation of this Law causes damage to natural resources like land forests grasslands water minerals fish wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.

Article 45. Any person conducting supervision and management of environmental protection who abuses his power neglects his duty or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or the competent higher authorities if his act constitutes a crime he shall be investigated for criminal responsibility according to law.

Article 46. If an international treaty regarding environmental protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in the laws of the People's Republic of China the provisions of the international treaty shall apply unless the provisions are ones on which the People's Republic of China has announced reservations.

Article 47. This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People's Republic of China for Trial Implementation shall be abrogated therefrom.