中华人民共和国邮政法实施细则 RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLES REPUBLIC OF CHINA

priority over the transportation of ordinary goods. In the event that， for one reason or another， the shipment has to be suspended temporarily， or the shipping time or berthing place has been changed， the transport unit shall inform the postal enterprise or its branch office of the situation without delay.

　　Article 45 Vessels carrying postal materials shall fly the post flag； and various ports concerned shall give priority of clearance to vessels that fly the post flag.

　　Article 46 When a transport unit has contracted for the transportation of postal materials， except for where the postal enterprise or its branch office sends personnel to escort the transportation， it shall go through the formalities with the postal enterprise or its branch office for handing over， and signing for the receipt of， relevant postal materials.

　　With the exception of the cause of force majeure， if any loss， shortage or damage has happened to postal materials under the safe-keeping of a transport unit or on the way of transportation， the transport unit concerned shall compensate therefor in accordance with the provisions in the agreement for the transportation of postal materials. In the event that a vessel carrying postal materials has met with perils of the sea and must jettison the goods it carries， it must not jettison the postal materials it carries until the last minute.

　　Article 47 When vehicles， vessels and postal staff， which/who are carrying out the task of transporting and delivering postal materials， are passing bridges， ferry crossings， tunnels or inspection stations， the departments concerned shall give them priority in clearance. When postal vehicles bearing the special postal marks are transporting and delivering postal materials， they may， on the strength of the pass verified and issued by the public security organs， take the routes close to traffic and park in the no- parking sectors without restriction. In the event that postal vehicles or postal staff have violated traffic rules and regulations in the course of transporting or delivering postal materials， the competent departments shall give them clearance after recording the cases， and deal with them afterwards， when they have carried out their tasks of transportation or delivery.

　　Article 48 The postal enterprise shall， in accordance with the operational timetable formulated on the ba

sis of the transporting vehicles' time of arrival at a station （a port） and time of departure from a station （a port）， and also with time limit for transportation or delivery， inform the Customs of any change in such timetable 3 days in advance. The Customs shall， in accordance with the operational timetable notified by the postal enterprise， send personnel to the site to supervise and handle international post bags， and to inspect incoming and outgoing international postal articles； if the personnel sent by the Customs fail to arrive at the site when the time limit expires， the Customs shall be held responsible for the consequences caused by the delay of the operational time limit.

　　When the Customs inspects international post bags according to law， the inspection shall be carried out in the presence of the users at the place where the Customs establishment is located. In the event that the recipient or sender of postal materials is unable to be present at the site， the Customs shall open the post bags for inspection， with the cooperation of postal staff on the scene. The post bags， which have been opened for inspection， shall be sealed up again jointly by the Customs and the postal enterprise with sealing marks or stamps of both. The printed matters opened for inspection according to law by the Customs shall be sealed up again with a Customs sealing mark or stamp.

　　Article 49 In case that a user sends postal materials which are subject to health and quarantine inspection or animal and plant quarantine inspection， the postal materials must be attached with a quarantine certificate. The quarantine offices shall inspect and give clearance to the postal materials without delay， in order to guarantee the time limit for transportation or delivery of the postal materials.

　　Article 50 When the Customs and the quarantine office are inspecting international postal articles or conducting quarantine inspection or postal materials according to law， they shall take proper care of them； if it is necessary to seal them up for safekeeping， in addition to sending a notice to the sender or the recipient， the Customs and the quarantine office shall go through the hand-over procedures with the postal enterprises or its branch office， and be responsible for the safekeeping； the period of sealing up for safekeeping shall not exceed 45 days. If， under special circumstances， the period of sealing up for safekeeping needs to be extended， the consent from the postal enterprise or its branch office and from the sender or the recipient shall be obtained， and this shall be done on the condition that the said international postal articles or postal materials being sealed up shall not suffer any losses. When the seal-up international postal articles or postal materials are returned to the postal enterprise or its branch office， the postal staff shall check carefully to see if they are all in good condition before they sign to acknowledge the hand-over.

　　With respect to international postal articles that are to be confiscated according to law， or postal materials that， after health and quarantine inspection and animal and plant quarantine inspection， must be destroyed， the Customs or the quarantine office shall issue a written notice concerning the confiscation or quarantine disposal， and also notify without delay， the sender or the recipient and the postal enterprise or its branch office.

　　In the event that the international postal articles， which are placed under inspection and sealed up for safe-keeping according to law， are found to have been lost， short of number or quantity， or damaged， the Customs or the quarantine office shall be held responsible for compensation or for handling the case.

　　Article 51 If the inspection of postal articles or the health and quarantine inspection on postal materials carried out according to law， calls for the use of sites or premises of the postal enterprise or its b

ranch office， the case shall be handled， through consultation， by the postal enterprise jointly with the departments concerned in accordance with the needs of work and objective possibilities.

　　Article 52 The Customs shall， when handling according to law ownerless international post bages， pay the relevant postal expenses.

　　Article 53 The ways for the transmission of Customs documents for outgoing international postal materials shall be decided on by the General Customs Administration jointly with the Ministry of Post and Telecommunications through consultation.

　　Chapter VII Penalty Provisions

　　Article 54 Those who have violated the provisions in Article 11 of these Rules shall be penalized by the department concerned according to the pertinent provisions of the State and in the light of the seriousness of the cases； those who have violated the pertinent provisions concerning public security shall be penalized by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.

　　Article 55 Those who have violated the provisions of Item 3 in Article 33 of these Rules but have not caused serious consequences shall be dealt with by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.

　　Article 56 Those who have forged， or falsely used the special postal mark and the postal uniform， or the postal date-stamp， postal tongs， and post bags and other special postal articles， shall be penalized with a fine of 1，500 yuan or less by the administrative bureau of post and telecommunications or by a unit authorized by it； in addition， the relevant articles mentioned above shall be confiscated.

　　Article 57 Those who， for the purpose of making profits， have forged postage certificates， facsimiled postage stamp patterns without permission， or printed postcards with the inscription “The People's Postal Service of China”， shall be penalized with a fine of 5，000 yuan or less by the administrative bureau of post and Telecommunications or by a unit authorized by it； in addition， their illegal gains and the illegal articles shall be confiscated. In case that a user has purposefully used postage certificates， which are not in conformity with the pertinent provisions， on postal materials he/she posts， the postal enterprise or its branch office shall refuse to dispatch them， notify the sender to withdraw them within a fixed period of time， and， in addition， impose on the sender a fine equal to 10 times the postage the said user ought to pay； if it is impossible to notify the sender， or the sender fails to go through the formalities for withdrawing the aforesaid postal materials when the time limit expires， the postal materials shall be disposed of as ownerless ones.

　　Article 58 In case that postal staff have concealed， destroyed， discarded， opened without permission， or stolen postal materials， or have embezzled or falsely claimed a user's remittance， the postal enterprise shall recover the illicit money and the stolen goods， may concurrently impose a fine on the offenders， and may even， in accordance with the seriousness of the circumstances， impose disciplinary sanctions on them. The specific measures shall be formulated by the Ministry of Post and Telecommunications.

　　Article 59 Those who have

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