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中华人民共和国出境入境边防检查条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON EXIT AND ENTRY FRONTIER INSPECTION

2009-03-24 法律英语 来源:互联网 作者:
se vessels have need to make fast to alien vessels, the captains or their agents shall apply to the frontier inspection station for going through necessary formalities. Without such formalities, no Chinese vessels may make fast to alien vessels.

  Article 21 The frontier inspection stations shall have the power to exercise supervision on means of transportation leaving or entering the country when they are under any of the following circumstances:

  (1) trains, alien vessels and Chinese passenger vessels during the period from the time of exit inspection to the time of their departure from the country or during the period from their arrival in the country to the time of entry inspection, and during the period of inspection;

  (2) trains and other motor vehicles during their proceeding in the area between the border line and the frontier inspection station which is at a comparatively long distance from the border line;

  (3) alien vessels during their navigating in Chinese inland rivers; or

  (4) any other circumstances frontier inspection stations consider necessary to exercise supervision.

  Article 22 Persons in charge of means of transportation shall provide necessary working and living conveniences to the frontier inspectors who are performing supervision duties on board.

  The means of transportation under supervision and the persons boarding or leaving these means of transportation shall subject themselves to inspection by the supervisors.

  Article 23 Persons in charge of means of transportation on which no supervising measures are imposed shall conduct proper administration on their own to ensure that their means of transportation and the working personnel observe these Regulations.

  Article 24 When means of transportation leaving or entering the country are found carrying on board any person who is forbidden to leave or enter the country, or is illegally crossing the border or holding no valid exit-entry certificates, persons in charge of these means of transportation shall take the responsibility to remove such person to the place whence he came and pay all

the expenses incurred therefrom.

  Article 25 Where means of transportation fall into any of the following circumstances, the frontier inspection station shall have the power to postpone or forbid their leaving or entering the country:

  (1) leaving or entering the country without approval from the frontier inspection station;

  (2) refusing to accept frontier inspection or supervision;

  (3) being believed to be carrying any person or article harmful to national security, interests or social order;

  (4) being believed to be carrying any person illegally leaving or entering the country;

  (5) refusing to accept the penalty or decision lawfully made by the frontier inspection station; or

  (6) changing ports for exit or entry without permission.

  The frontier inspection station shall allow means of transportation to leave or enter the country immediately after the relative circumstances listed above no longer exist.

  Article 26 Where vessels or aircraft leaving or entering the country have sailed or flown into any areas other than the open ports under unforeseeable emergencies or owing to force majeure, they must report at once to the frontier inspection station nearby or to the local public security authorities and accept inspection and supervision, and once the causes bringing about their entry no longer exist, they must depart within the time and along the routes as they are notified of.

  Chapter IV Inspection on Luggage, Articles and Freight

  Article 27 According to the need of maintaining national security and public order, frontier inspection stations may carry out focal inspection on luggage and articles carried by persons leaving or entering the country and on freight carried by means of transportation leaving or entering the country.

  Article 28 Persons and means of transportation leaving or entering the country are prohibited to carry any contraband articles which are harmful to national security and public order as prescribed by laws and administrative regulations. The frontier inspection stations shall detain such articles and shall, in accordance with relevant laws and administrative regulations, dispose of the persons who carry them or the persons in charge of the means of transportation that carry them.

  Article 29 No persons shall carry out of the country unlawfully any documents, data, or other articles classified as national secrets. The frontier inspection stations shall confiscate any unlawfully carried documents, data or other articles classified as national secrets and shall, in accordance with relevant laws and administrative regulations, dispose of the persons who carried them.

  Article 30 Persons leaving or entering the country who need to carry or consign firearms or ammunition must abide by relevant laws and administrative regulations and apply to the frontier inspection stations for going through the carrying or consigning formalities. Without approval, no persons may carry or consign any firearms or ammunition out of or into the country.

  Chapter V Penalties

  Article 31 Penalties for any contravention of these Regulations shall be ruled by frontier inspection stations.

  Article 32 Any person leaving or entering the country who is under any of the following circumstances shall be fined 500 to 2,000 yuan or detained in accordance with relevant laws or administrative regulations:

  (1) failing to hold exit-entry certificates;

  (2) holding and using invalid exit-entry certificates;

  (3) holding and using exit-entry certificates other than his own; or

  (4) holding and using forged or altered exit-entry certificates.

  Article 33 Any person who assist other persons to illegally leave or enter the country shall be fined 2,000 and 10,000 yuan if the circumstances of the case are not serious enough to constitute a crime

and the illegal profits, if there is any, shall be confiscated.

  Article 34 Any person who carries or consigns firearms or ammunition out of or into the country without approval shall be fined 1,000 to 5,000 yuan with all the firearms and ammunition confiscated.

  Article 35 Any person who is under any of the following circumstances shall be given a warning or punished with a fine not exceeding 500 yuan:

  (1) entering restricted areas in ports without permission or after his entry, disobeying administration or disturbing the port administration order;

  (2) insulting frontier inspectors; or

  (3) landing or lodging without permission or not in compliance with relevant regulations.

  Article 36 Where means of transportation have carried out of or into the country any persons who are forbidden to leave or enter the country, persons who are crossing the border illegally or persons holding no valid exit-entry certificates, the persons in charge shall be fined 5,000 to 10,000 yuan for each such person they have carried.

  Article 37 When means of transportation are under any of the following circumstances, the persons in charge shall be fined 10,000 to 30,000 yuan:

  (1) leaving or entering the country without the permission from the frontier inspection station when leaving or arriving at ports;

  (2) failing to furnish the frontier inspection station with information on their working personnel, passengers or freight according to regulations, or refusing to assist inspection; or

  (3) taking on board or discharging any persons, cargoes or articles without the permission from the frontier inspection station during the period from the time of their arrival in the country to the time before entry inspection or during the period from the time after exit inspection to the time of their departure from the country.

  Article 38 When means of transportation are under any of the following circumstances, the persons in charge shall be given a warning and concurrently punished with a fine of 500 and 5,000 yuan:

  (1) failing to proceed along the routes in China as specified when leaving or entering the country;

  (2) alien vessels anchoring or mooring at non-open ports without approval; or

  (3) Chinese vessels making fast to alien vessels without approval.

  Article 39 Where vessels or aircraft leaving or entering the country have sailed or flown into any areas other than the open ports under unforeseeable emergencies or owing to force majeure, the persons in charge shall be punished with a fine not exceeding 10,000 yuan, if they fail to report without reasonable causes to the frontier inspection station nearby or to the local public security authorities or if they fail to depart within the time and along the routes as they are notified of once the causes bring their entry no longer exist.

  Article 40 The frontier inspection stations shall furnish the penalized person with a receipt upon receiving the fine. The fine and money confiscated shall be turned over to the state treasury according to regulation.

  Article 41 Any person leaving or entering the country who has violated the provisions of these Regulations, criminal responsibility shall be investigated according to law if the circumstances of the case are serious enough to constitute a crime.

  Article 42 If a person refuses to accept the penalty decision made by a frontier inspection station, he may, within 15 days from his receipt of the penalty decision, apply for reconsideration to the public security organs of

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