中华人民共和国电信条例 PRC, Telecommunications Regulations

ications terminal equipment, wireless communication equipment and equipment used in network interconnection that is connected to public telecommunications networks must meet State standards, and a network connection permit must be obtained therefor.

　　A list of telecommunications equipment subject to network connection permission shall be formulated by the State Council's department in charge of the information industry in concert with the State Council's product quality supervision department and be published for implementation.

　　Article 55　When carrying out the procedures for a network connection permit for telecommunications equipment, an application shall be submitted to the State Council's department in charge of the information industry together with a testing report issued by a telecommunications equipment testing organization recognized by the State Council's product quality supervision department or a product quality certificate issued by a certification institute.

　　The State Council's department in charge of the information industry shall complete its examination of the application and the telecommunications equipment testing report or product quality certificate within 60 days of the date of receipt of the application for a telecommunications equipment network connection permit. If the equipment is found to meet the standards after examination, a network connection permit shall be issued. If the equipment is found not to meet the standards, a response shall be given in writing explaining the reason.

　　Article 56　Telecommunications equipment producers must ensure that the quality of the telecommunications equipment for which they have obtained a network connection permit is stable and reliable and they may not lower the quality or performance of their products.

　　Telecommunications equipment producers shall affix a sticker bearing the network connection permission symbol to the telecommunications equipment for which they have obtained a network connection permit.

　　The State Council's product quality supervision department in concert with the State Council's department in charge of the information industry shall perform spot checks to track and supervise the quality of telecommunications equipment for which a network connection permit has been obtained and publish the results of such spot checks.

　　PART FIVE　SECURITY OF TELECOMMUNICATIONS

　　Article 57　No organization or individual may use telecommunications networks to produce, reproduce, disseminate or transmit information with content that:

　　1. opposes the fundamental principles determined in the Constitution;

　　2. compromises State security, discloses State secrets, subverts State power or damages national unity;

　　3. harms the dignity or interests of the State;

　　4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;

　　5. sabotages State religious policy or propagates heretical teachings or feudal superstitions;

　　6. disseminates rumours, disturbs social order or disrupts social stability;

　　7. propagates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes;

　　8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party; or

　　9. includes other content prohibited by laws or administrative regulations.

　　Article 58　No organization or individual may carry out the following acts that compromise the security of telecommunications networks or information:

　　1. deleting or modifying functions of a telecommunications network or the data or application programs stored, processed or transmitted thereon;

　　2. using a telecommunications network to steal or damage a third party's information, thereby prejudicing the lawful rights and interests of such third party;

　　3. deliberately creating, replicating or disseminating computer viruses or using other methods to attack the telecommunications network or other such telecommunications facilities of a third party; or

　　4. carrying out other acts that compromise the security of a telecommunications network or information.

　　Article 59　No organization or individual may carry out the following acts that disrupt the telecommunications market:

　　1. operating international telecommunications services or telecommunications services to the Hong Kong Special Administrative Re

gion, Macao Special Administrative Region or Taiwan region without authorization, by leasing dedicated international telecommunications lines, privately installing relay equipment or otherwise;

　　2. illegally connecting to a third party's telecommunications circuit, reproducing a third party's telecommunications number(s) or using what one is well aware to be illegally connected or reproduced telecommunications facilities or numbers;

　　3. counterfeiting or altering telephone cards or any other valuable vouchers for telecommunications services; or

　　4. using a sham identification document, or passing off oneself under another's identification document, to carry out network access procedures and use a mobile telephone.

　　Article 60　Telecommunications business operators shall establish a sound internal security system and implement a security responsibility system in accordance with the State regulations on telecommunications security.

　　Article 61　In the course of designing, constructing and operating a telecommunications network, a telecommunications business operator shall plan, construct and operate its network in a manner that keeps pace with the security demands of the State and of telecommunications networks.

　　Article 62　If during the course of providing public information services a telecommunications business operator discovers information transmitted on its telecommunications network that clearly falls within the scope of content specified in Article 57 hereof, it shall immediately stop the transmission thereof, keep the relevant records and make a report thereon to the relevant authority.

　　Article 63　Telecommunications subscribers shall be responsible for the content of the information they transmit by means of a telecommunications network and the consequences thereof.

　　If the information transmitted by a telecommunications subscriber through a telecommunications network is secret State information, he must take measures to maintain the confidentiality of such information in accordance with the law concerning the maintenance of State secrets.

　　Article 64　During such emergency situations as the occurrence of a major natural disaster, the State Council's department in charge of the information industry may, subject to the approval of the State Council, temporarily requisition various kinds of telecommunications facilities to ensure the flow of important communications.

　　Article 65　International communications business conducted in the People's Republic of China must pass through an international communications gateway bureau that has been established with the approval of the State Council's department in charge of the information industry.

　　Communications between the mainland and the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region shall be handled mutatis mutandis in accordance with the preceding paragraph.

　　Article 66　Telecommunications subscribers' freedom to legally use telecommunications and the confidentiality of their communications are protected by law. No organization or individual may, for any reason whatsoever, inspect the content of telecommunications, except that public security authorities, the State security authority and the People's Procuratorate may do so in accordance with the procedures stipulated by law in response to the requirements of State security or the investigation of criminal offences.

　　No telecommunications business operator or its employees may provide, without authorization, to a third party the content of information transmitted through the telecommunications network by telecommunications subscribers.

　　PART SIX　PENAL PROVISIONS

　　Article 67　If a violation of Article 57 or Article 58 hereof is committed and such violation constitutes a criminal offence, the criminal liability of the perpetrator shall be pursu

ed in accordance with the law. If the violation is insufficient to constitute a criminal offence, the public security authority or State security authority shall punish the perpetrator in accordance with the relevant laws and administrative regulations.

　　Article 68　If any of the acts specified in Items (2), (3) and (4) of Article 59 hereof is carried out and such act disrupts the telecommunications market and constitutes a criminal offence, the criminal liability of the perpetrator shall be pursued. If such act is insufficient to constitute a criminal offence, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio order rectification of the matter, confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income; if there is no illegal income or if the illegal income is less than Rmb 10,000, it shall impose a fine of not less than Rmb 10,000 and not more than Rmb 100,000.

　　Article 69　If these Regulations are violated by counterfeiting or assigning a telecommunications service operating permit or telecommunications e

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