深圳经济特区计量条例（第四次修正） Regulations of Shenzhen Special Economic Zone on Measurement

nalty to its person chiefly in charge and person directly liable. The administrative competent department of measurement shall impose the verification agency and the person directly liable a fine of 10 times the collected verification fees respectively.

　　Article 42 Anyone， who pro

duces or repairs measurement instruments without acquiring the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments， or starts the business of installing measurement instruments without being examined qualification， shall be ordered to stop business or operation， confiscated his illegal gains， and imposed a fine of 5 times the amount of illegal operation simultaneously.

　　Article 43 Anyone， who sells the imported measurement instruments without being verified， shall be ordered to stop selling， sealed up the imported measurement instruments for sale， confiscated his illegal gains， and be imposed a fine of 5 times the amount of illegal operation simultaneously.

　　Article 44 Any laboratory or measurement service agency， which provides notarization data for the society without the certificate of qualification recognition， shall be ordered to stop verification， declared the invalidation of verification result， confiscated its measurement instruments and illegal gains， and may be imposed a fine of 10 times the collected verification fees simultaneously.

　　Any laboratory or measurement service agency with the certificate of qualification recognition， which provides false notarization data for the society， shall be ordered to stop verification， declared the invalidation of verification result， confiscated its illegal gains， and may be imposed a fine of 10 times the collected verification fees simultaneously. If the circumstance is serious， the certificate of qualification recognition shall be revoked.

　　Article 45 Anyone， who fabricates， uses with fraudulency or scalps the stamp or certificate of measurement instrument under the state compulsory verification， shall be confiscated his illegal gains and imposed a fine of 5 times the amount of illegal operation simultaneously， if no crime is constituted.

　　Article 46 The supervision manager of measurement， who neglects his duties in violation of law or commits irregularities for favoritism， shall be imposed administrative penalty according to relevant national stipulations if no crime is constituted.

　　Article 47 The record system shall be implemented to the illegal activity when the competent department imposes an administrative penalty.

　　Anyone， who commits illegal activity again after being imposed an administrative penalty， shall be given a heavier punishment. Any recidivism， who commits illegal activity repeatedly after being given a heavier punishment， shall be ordered to stop production or business and to rectify by the administrative department for industry and commerce， besides being punished according to the stipulations. The administrative department for industry and commerce shall notice the recidivism to start production or business again if it corrects its activity by rectification.

　　Article 48 Anyone， who hinders law-enforcement supervisor or verifier of measurement to execute duties， shall be punished by the department of public security according to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration.

　　Article 49 The administrative penalties stipulated in this chapter shall be imposed by the municipal or district competent department according to the authority limits stipulated by these regulations， excluding those stipulated in Article 35 or Article 40 of these regulations， or stipulated in Article 47 relating to Article 35 or Article 40 of these regulations， which may also be imposed by the administrative department for industry and commerce.

　　Article 50 Any party， who is not agree with the administrative penalty decision made by the district or municipal administrative department， may apply for review to the municipal relevant competent department or the administrative review organ of municipal government within 15 days upon receiving the penalty decision， or bring a lawsuit before the

people‘s court directly.

　　In case that the party refuses to implement the penalty decision， and does not apply for review or bring a lawsuit in due time， the organ making the penalty decision shall apply to the people‘s court for coercive implementation.

　　Article 51 Anyone， who violates these regulations， shall be investigated for criminal responsibility if a crime is constituted because of serious circumstance.

　　Chapter Eleven　Supplementary Provisions

　　Article 52 The provisions of measurement law， administrative regulations and regulations formulated by the administrative department of technology supervision of the State Council shall apply to the matter which is not regulated by these regulations.

　　Article 53 These regulations shall enter into effect as of May 1， 1994

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