INTERIM MEASURES FOR THE CONTROL OF CHINESE CITIZENS TRAVELLING ONPRIVATE BUSINESS TO OR FROM THE REGIONS OF HONG KONG OR MACAO

INTERIM MEASURES FOR THE CONTROL OF CHINESE CITIZENS TRAVELLING ONPRIVATE BUSINESS TO OR FROM THE REGIONS OF HONG KONG OR MACAO Important Notice: This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document INTERIM MEASURES FOR THE CONTROL OF CHINESE CITIZENS TRAVELLING ON PRIVATE BUSINESS TO OR FROM THE REGIONS OF HONG KONG OR MACAO (Approved by the State Council on December 3, 1986 and promulgated by the Ministry of Public Security on December 25, 1986) Chapter I General Provisions Article 1 These Measures are formulated in accordance with the provisions in Article 17 of The Law of the People's Republic of China on the Control of the Exit and Entry of Citizens.

Article 2 These Measures shall apply to inland citizens who enter or leave, on private business, the region of Hong Kong (hereinafter referred to as Hong Kong) or the region of Macao (hereinafter referred to as Macao), and also to compatriots from Hong Kong and Macao who enter or leave the inland areas.

Article 3 Inland citizens travelling, on private business, to Hong Kong or Macao shall leave the country by way of the designated ports, by presenting the passes to Hong Kong and Macao or the passes to and from Hong Kong and Macao signed and issued by public security organs of China, when returning to the inland areas, they may enter through other ports open to the outside world.

The designated ports are: Shenzhen - for those who are bound for Hong Kong; Gongbei -for those who are bound for Macao.

Article 4 Compatriots from Hong Kong and Macao travelling between Hong Kong/Macao and the inland areas shall pass China's ports open to the outside world on the strength of the Home-Visiting passes for Compatriots from Hong Kong and Macao, or the Entry-Exit Pass, signed and issued by public security organs of China.

Chapter II Inland Citizens Travelling to Hong Kong and Macao Article 5 With respect to inland citizens going on private business to Hong Kong or Macao to settle down there, the fixed-quota procedures for examination and approval shall be implemented, in order to facilitate the safeguarding and maintaining of the economic prosperity and social stability of Hong Kong and Macao.

Article 6 An inland citizen who wishes to go to Hong Kong or Macao on private business shall file an application to the entry-exit control department of the public security bureau of the county or municipality where the applicant's registered residence is located.

Article 7 Persons who come under one of the following circumstances may apply for the permission to go and settle down in Hong Kong or Macao; (1) any spouse of a married couple resides in Hong Kong or Macao, thereby separating from the other for many years; (2) a person's parents residing in Hong Kong or Macao are aged and in poor health, and must be taken care of by their son or daughter from the inland areas; (3) helpless old people and children residing in inland areas, who have to seek support from their lineal relatives or near relatives in Hong Kong or Macao; (4) in the event that lineal relatives residing in Hong Kong or Macao have nobody there to inherit their real estate, their son or daughter in inland areas may inherit the real estate in question, provided that they must go and settle down in Hong Kong or Macao; (5) persons who must go and settle down in Hong Kong or Macao for other special circumstances.

Article 8 Persons who come under one of the following circumstances may apply for permission to go to Hong Kong or Macao for short visits: (1) a person who has near relatives residing in Hong Kong or Macao and has the necessity to go there to pay a visit to them; (2) a person's lineal relatives or near relatives are compatriots of Taiwan and so he/she must go to Hong Kong or Macao to meet them; (3) in the event that the lineal relatives or brothers and sisters of returned overseas Chinese, or the lineal relatives of the family members of overseas Chinese, are unable to return to inland areas to pay a visit to their relatives, the person concerned must go and meet his/her relatives in Hong Kong or Macao; (4) a person who must go to Hong Kong or Macao in order to dispose of his/her property; (5) a person who, owing to other special circumstances, must go to Hong Kong or Macao for a short period of time.

Article 9 Inland citizens, who apply for permission to go to Hong Kong or Macao on private business, shall answer relevant questions and go through the following procedures: (1) to present for examination the residential registration booklet or other certification of residence registration; (2) to fill in an application form; (3) to present the written comments of the applicant's work unit, concerning the applicant's intention to go to Hong Kong or Macao; (4) to submit certification relevant to the applicant's reasons for filing the application.

Article 10 The certifications, as mentioned in Item 4 of Article 9 of these Measures, refer to: (1) where a married couple wish to have their reunion, they shall present certification of their lawful marriage and the certification testifying to the permanent resident status of his/her spouse in Hong Kong or Macao; (2) where a person goes to Hong Kong or Macao in order to take care of his/her parents who are aged and in poor health or helpless old people, or where children go to Hong Kong or Macao to seek support from their relatives there, they shall present certification testifying to the kinship between the applicants and their relatives in Hong Kong or Macao and also the certification testifying to the permanent resident status of their relatives in Hong Kong or Macao; (3) where a person goes to Hong Kong or Macao to inherit or to dispose of his/her property, he/she shall present certifications testifying to the status of the said property and also to the lawful right of inheritance; (4) where a person wishes to pay a visit to his/her relatives residing in Hong Kong or Macao, he/she shall present letters sent by his/her relatives; if it is very urgent, he/she shall present a written explanation or certification relevant to the reason for filing the application; (5) where a person wishes to go to Hong Kong or Macao to meet his/her relatives residing in Taiwan or in a foreign country, he/she shall present an accurate certification testifying to the date of arrival in Hong Kong or Macao of his/her relatives.

Article 11 The entry-exit control department of a public security organ, shall, after receiving an application for going to Hong Kong or Macao, decide within 60 days to approve or disapprove the said application, and notify the application of the decision.

Article 12 With respect to an inland citizen, whose application for leaving an inland area and settling down in Hong Kong or Macao has been approved, the entry- exit control department of the public security organ shall issue to the applicant a travel pass for going to Hong Kong or Macao. The holder of the travel pass shall, before leaving for Hong Kong or Macao, go to the local police station for the cancellation of his/her residence registration, and then leave for Hong Kong or Macao within the prescribed time. To an inland citizen, whose application for a temporary stay in Hong Kong or Macao has been approved, a pass for travelling between the inland areas and Hong Kong or Macao shall be issued. The holder of the travel pass shall leave for his/her destination within the prescribed time and return on schedule.

Article 13 The applications filed for permission to go to Hong Kong or Macao by those who come under one of the following circumstances shall not be approved: (1) those who come under the circumstances stipulated in Article 8 of The Law of the People's Republic of China on the Control of the Exit and Entry of Citizens; (2) those who do not come under the circumstances stipulated in Article 7 and Article 8 of these Measures; (3) those who have fabricated situations and presented forged certification to cheat the entry-exit control department of public security organs.

Chapter III Compatriots from Hong Kong and Macao Entering the Inland Areas Article 14 Compatriots from Hong Kong or Macao who wish to enter the inland areas shall apply for and obtain the Home-Visiting Certificate for Compatriots from Hong Kong and Macao. The Home-Visiting Certificates for Compatriots from Hong Kong and Macao shall be signed and issued by the Public Security Department of Guangdong Province.

When applying for Home-Visiting Certificate the applicant shall present his/her residential status identification and fill in an application form.

Compatriots from Hong Kong and Macao, who do not come to visit the inland areas frequently, may apply for an entry-exit pass. The measures for obtaining the pass shall be the same as those for obtaining the Home- Visiting Certificates for Compatriots from Hong Kong and Macao.

Article 15 The Home-Visiting Certificates for Compatriots from Hong Kong and Macao and entry-exit passes shall not be issued to those who come under one of the following circumstances: (1) those who are likely to engage in such criminal activities as robbery, theft, and trafficking in narcotics; (2) those who have fabricated situations and presented forged certifications; (3) mental patients.

Article 16 Where compatriots from Hong Kong and Macao make a trip to the inland areas by driving motor vehicles, they shall apply for driving licences in accordance with the relevant provisions of the People's Government of Guangdong Province; and the drivers shall also apply to the Entry-Exit Control Division of the Public Security Department of Guangdong Province for permits to drive motor vehicles from and back to Hong Kong and Macao.

Article 17 Compatriots from Hong Kong and Macao who come to the inland areas for a short stay shall, in accordance with the provisions of the administration of residence registration, go through the procedures for the registration of temporary stay. Those who are accommodated in such enterprises and institutions as guest houses, hotels, inns, hostels and schools, or in state organs, public organizations and other institutions, shall fill in a registration form for temporary stay; those who stay in the homes of their relatives shall, within 24 hours (72 hours in the rural areas), go through the registration procedures for temporary stay themselves, or this may be done by their relatives or friends on their behalf, with the police station, or with the office for residence registration in the respective places of their residences.

Article 18 Where compatriots from Hong Kong or Macao wish to return to the inland areas and settle down there, they shall file an application, in advance, to the public security bureau of the municipality or county where the applicants intend to settle down. After obtaining the approval, they shall go through the procedures for permanent residence registration with the police station in the places of their destination by presenting the Home- Visiting Certificate for Compatriots from Hong Kong and Macao, with a signed statement testifying to the certificate-holders intention to return to the inland areas and settle down there.

Chapter IV Entry-Exit Inspection Article 19 Inland citizens who travel between the inland areas and Hong Kong/Macao, and compatriots from Hong Kong and Macao who travel between Hong Kong/Macao and the inland areas, shall present their entry-exit certificates to the frontier posts at ports that are open to the outside world or at designated ports, fill in and present the entry-exit registration cards, and accept inspection.

Article 20 With respect to those who come under one of the following circumstances, the local frontier posts have the power to forbid them to enter or leave the country: (1) those who do not hold documents of certification for travelling between inland areas and the areas of Hong Kong or Macao, the Home-Visiting Certificates for Compatriots from Hong Kong and Macao, or other valid documents of certification; (2) those who hold or use invalid, forged or altered documents of certification for travelling between the inland areas and Hong Kong/Macao or invalid, forged or altered Home-Visiting Certificate for Compatriots from Hong Kong and Macao; those who illegally use other persons' documents of certification or Home-Visiting Certificates for Compatriots from Hong Kong and Macao; (3) those who refuse to present documents of certification for inspection.

Cases concerning those who come under the circumstances stipulated in Item 2 of the preceding paragraph may also be handled in accordance with the provisions of Article 26 of these Measures.

Chapter V The Administration of Documents of Certifications Article 21 The Home-Visiting Certificate for Compatriots from Hong Kong and Macao shall be kept by the certificate holder, and the period of validity of the Certificate shall be 10 years; within this period of validity, the Certificate can be used many times. If the period of validity has run out, or the attached pages for keeping inspection records have all been used up, the certificate-holder may apply for a new Certificate in place of the old one. The case of application for a new Certificate shall be handled in accordance with the provisions in Article 14 of these Measures.

Article 22 The travel pass for going to Hong Kong or Macao shall be valid for one trip within the period of validity. The period of validity of the pass for travelling between the inland areas and Hong Kong/Macao shall be 5 years and may be extended twice, each extension of the period of validity shall not exceed 5 years; the travel pass shall be kept and used by the pass- holder. For every trip the pass-holder is to make to Hong Kong or Macao, he/she shall go through the application procedures in accordance with the provisions in Article 6, Article 8 and Article 10 of these Measures; for each approved application, a single trip endorsement shall be made on the pass. The public security organ, specially authorized by the Ministry of Public Security, may make a multiple-journey endorsement on the pass.

Article 23 If a compatriot from Hong Kong or Macao loses his/her Home-Visiting Certificate for Compatriots from Hong Kong and Macao after he/she has arrived in the inland areas, he/she shall report the loss to the public security organs either of a county or municipality, or of the department of communications and transportation stationed at the place where the said certificate has been lost. After the public security organ has proved the case to be true through investigation, it shall issue a certification, and the entry-exit control department of the public security organ shall sign and issue an entry-exit pass, which is valid for just one trip, for the said person to go back to Hong Kong or Macao. With respect to compatriots from Hong Kong and Macao, no matter where they lose their Home-Visiting Certificates for Compatriots from Hong Kong and Macao, in Hong Kong/Macao or in inland areas, they may apply for new Home-Visiting Certificates for Compatriots from Hong Kong and Macao in accordance with the provisions of Article 14 of these Measures.

Article 24 If an inland citizen, before leaving for Hong Kong/Macao, loses his/her travel pass for going to Hong Kong/Macao or the pass for travelling between the inland areas and Hong Kong/Macao, he/she shall immediately report the loss to the original pass-issuing department, and publish a statement in a newspaper announcing the loss; the pass-issuing department shall, having proved the case to be true through investigation, re-issue a new travel pass to the person concerned.

Article 25 If a holder of the Home-Visiting Certificate for Compatriots from Hong Kong and Macao comes under one of the circumstances stipulated in Article 15 of these Measures, his/her travel pass shall be revoked.

Cases concerning the revocation of documents of certification shall be determined by the original certificate-issuing department or by its higher authorities, which shall seize the said documents.

Chapter VI Penalties Article 26 With respect to any person who has held and used an invalid, forged or altered document or used another person's document such as travel pass for going to Hong Kong and Macao, pass for travelling between the inland areas and Hong Kong/Macao, Home-Visiting Certificate for Compatriots from Hong Kong and Macao, or entry-exit pass, in addition to seizing the document in question, a warning or a detention for 5 days or less, may be imposed on the violator, depending on the seriousness of the case.

Article 27 With respect to any person who has forged, altered or transferred to another person a travel pass for going to Hong Kong/Macao, a pass for travelling between the inland areas and Hong Kong/Macao, a Home-Visiting Certificate for Compatriots from Hong Kong and Macao, or an entry-exit pass, a detention for 10 days or less may be imposed on the offender; if the case is so serious as to constitute a crime, the offender's criminal responsibility shall be investigated according to the relevant provisions of The Criminal Law of the People's Republic of China.

Article 28 With respect to any person who has fabricated situations, provided false certification, or resorted to bribery in order to obtain a travel pass for going to Hong Kong/Macao, a pass for travelling between the inland areas and Hong Kong/Macao, a Home-Visiting Certificate for Compatriots from Hong Kong and Macao, or an entry-exit pass, if the case is minor, a detention for 5 days or less shall be imposed on the offender; if the case is so serious as to constitute a crime, the offender's criminal responsibility shall be investigated according to the relevant provisions of the Criminal Law of the People's Republic of China.

Article 29 Where any functionary of a public security organ, while executing these Measures, by taking advantage of his/her position and powers, has asked for and accepted bribery, committed other illegal acts or abuse of his/her office, if the case is not so serious, an administrative sanction may be imposed on the offender by the competent authority at its discretion; if the case is so serious as to constitute a crime, the offender's criminal responsibility shall be investigated according to the provisions of the Criminal Law of the People's Republic of China.

Chapter VII Supplementary Provisions Article 30 These Measures shall be implemented and interpreted by the Ministry of Public Security.

Article 31 These Measures shall go into effect as of the date of promulgation.