(Adopted at the twenty-second meeting of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on January 12, 2018, as revised in accordance with theDecision on Amending Twenty-Nine Regulations including the Regulations on Talent Work of Shenzhen Special Economic Zone adopted at the thirty-fifth meeting of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on August 29, 2019)
Article 1 For the purpose of strengthening the administration of Shatoujiao Border Special Administrative Area (hereinafter referred to as "Shatoujiao Administrative Area") in accordance with the fundamental principles of relevant laws and administrative regulations, and in the light of the specific local conditions, these Regulations are hereby formulated.
Article 2 The term "Shatoujiao Administrative Area" as used herein refers to the border area under special administration in Yantian District, Shenzhen Municipality, which stretches from Shatoujiao River and Chung Ying Street Checkpoint in the north to the coast lines of Shatoujiao Bay in the east and southeast, and the Shenzhen-Hong Kong border in the west.
Article 3 Shenzhen Municipal People's Government shall lead and organize all the work of Shatoujiao Administrative Area.
Yantian District People's Government shall be responsible for the coordination of social administration, cross-department administrative enforcement and the relevant work thereof in Shatoujiao Administrative Area.
Such competent departments as the public security department, culture, radio and television, tourism and sports department, and market supervision department shall duly conduct the administrative work in accordance with their respective functions and duties.
Article 4 Yantian District People's Government shall establish the Comprehensive Administrative Agency (hereinafter referred to as "Administrative Agency"), the duties whereof are as follows:
(1) taking charge of such work as city administration, social governance and public service in Shatoujiao Administrative Area;
(2) exercising the relevant authority of administrative enforcement as provided by laws and regulations under the authorization of municipal and district departments concerned;
(3) taking charge of the coordination and cooperation of affairs related to Hong Kong in Shatoujiao Administrative Area;
(4) assisting the public security department, border security department, customs, coastal defense and anti-smuggling department among others in law enforcement;
(5) assisting the culture, radio and television, tourism and sports department among others in conducting activities such as cultural relics protection and patriotic education;
(6) cooperating with the market supervision department to maintain orderly operations in Shatoujiao Administrative Area;
(7) performing other work assigned by Yantian District People's Government.
Article 5 The joint commission of Shatoujiao Administrative Area shall be established, the duties whereof are as follows:
(1) studying and coordinating major issues within the remit of Shatoujiao Administrative Area;
(2) coordinating specific work of administrative enforcement;
(3) reporting on the developments of relevant work undertaken and administrative enforcement.
The joint commission shall be convened by Yantian District People's Government and composed of the Administrative Agency, public security department, culture, radio and television, tourism and sports department, market supervision department and coastal defense and anti-smuggling department of Yantian District in addition to the border security department and customs stationed in Yantian District.
The representative office of the joint commission shall be set in the Administrative Agency, responsible for the relevant daily work.
Article 6 The mechanism of cases transfer, notification and feedback among the Administrative Agency, public security department, culture, radio and television, tourism and sports department, market supervision department, border security department, customs, coastal defense and anti-smuggling department and other departments concerned shall be established, and the coordination in administrative enforcement and emergency response shall be consolidated.
Article 7 The Administrative Agency shall establish an information sharing platform of Shatoujiao Administrative Area with the participation of the public security department, culture, radio and television, tourism and sports department, market supervision department, border security department, customs and coastal defense and anti-smuggling department among others to share the information as follows:
(1) the archival information on vehicles and the information on vehicles’ entry into and exit from Shatoujiao Administrative Area;
(2) the information about people on their entry into and exit from Shatoujiao Administrative Area and about the punishments for illegal acts;
(3) records of materials and articles entering in and exiting from Shatoujiao Administrative Area;
(4) the information regarding the registration and record of the residential houses and non-residential premises and sites such as stores, warehouses and factories;
(5) other information which shall be registered as provided by laws and regulations.
Article 8 Persons on their entry into and exit from Shatoujiao Administrative Area shall comply with the administration and examination rules set up by related departments such as the border security department and customs and observe the normal travelling order.
Article 9 An administrative policy of traveling by certificates shall be adopted in Shatoujiao Administrative Area. Persons with their principal residence in Shatoujiao Administrative Area shall enter and exit the area by virtue of their resident identity cards; other persons shall be let pass by virtue of identity cards and theTravel Permit of Border Special Administration Area (hereinafter referred to as "Travel Permit").
The border security department shall issue and inspect the Travel Permits as provided by laws, regulations and provisions regarding the administration of border security.
Article 10 The Administrative Agency may examine and inspect the Travel Permits of people in Shatoujiao Administrative Area.
If any person in Shatoujiao Administrative Area commits the following acts, he or she shall be warned by the Administrative Agency and turned over to the public security department or border security department for disposition of the acts in accordance with law:
(1) failing to present Travel Permits or other valid travel certificates;
(2) presenting counterfeit or altered Travel Permits or expired Travel Permits;
(3) using the Travel Permits of others;
(4) overstaying illegally.
Article 11 Enterprises, institutions, other organizations or individuals in Shatoujiao Administrative Area that need to apply for Travel Permits for the purpose of employing or hiring personnel shall submit the basic information of employed or hired personnel to the Administrative Agency for verification before applying to the border security department for travel permits.
Mainland residents entering Shatoujiao Administrative Area by virtue of Travel Permits shall not engage in business or seek employment in Hong Kong Administrative Area.
Article 12 Articles and goods brought by persons entering and exiting Shatoujiao Administrative Area shall be compliant with the relevant national provisions.
If anyone is suspected of carrying contraband or smuggled goods or articles in Shatoujiao Administrative Area, the Administration Agency shall make records on information about his or her Travel Permit and information about the goods and articles concerned, and notify the customs or coastal defense and anti-smuggling department for their disposition in accordance with law.
Article 13 Vehicles entering and exiting Shatoujiao Administrative Area shall file declarations with the border security department and obtain valid certificates for travel. Vehicles without valid certificates for travel shall be prohibited from entering and exiting the area with the exception of vehicles entering and exiting for the purpose of emergency response such as disaster rescue, first-aid and quarantine or vehicles with the provisional approval of entry and exit.
Article 14 Vehicles entering and exiting Shatoujiao Administrative Area shall be prohibited from taking or transporting contraband or smuggled goods or articles, and from carrying persons who are restricted from leaving the area, who attempt to cross the border stealthily or who enter Shatoujiao Administrative Area without approval, and shall be compliant with the administration and examination of the border security department and customs among other relevant departments.
Vehicles in contravention of the provisions aforesaid shall be punished by the border security department and customs among other related departments in accordance with the laws and regulations concerned. If the circumstances are severe, the border security department shall revoke the declarations of the vehicle in question and restrict it from filing declarations within two years.
Article 15 Materials transported to Shatoujiao Administrative Area shall not exceed the limitation on the number as specified to meet the reasonable needs of production, business operation and daily life.
The market supervision department shall supervise the materials transported to Shatoujiao Administrative Area. If the number of the supplies obviously exceeds the reasonable needs of production, business operation and daily life, the market supervision department shall report the issue concerned to the customs timely for its disposition in accordance with law.
Article 16 Business operators in Shatoujiao Administrative Area shall inform consumers about the product standards of the overseas goods sold.
Article 17 The Administrative Agency shall register information about warehouses, factories and other non-residential houses and sites, and their proprietors and administrators shall cooperate with it.
Article 18 The Administrative Agency shall strengthen the administration of the tourism market in Shatoujiao Administrative Area. Any violations of laws and regulations committed by travel agencies or tour guides once found shall be reported to the relevant department timely and handled thereby in accordance with law.
Article 19 The Administrative Agency shall strengthen the supervision and administration of production safety in Shatoujiao Administrative Area, and organize and implement inspections regarding production safety. If any conducts in violation of laws on production safety or any potential safety hazards are found, the Administrative Agency shall order the operators to make rectification or remove the potential hazards, and shall provide assistance in their handling of the accidents of production safety.
Article 20 The Administrative Agency shall cooperate with relevant departments to launch fire safety inspection, supervise enterprises and institutions, other organizations and individuals in Shatoujiao Administrative Area to perform their duties regarding fire safety, and shall carry out fire safety education and campaigns.
Article 21 The culture, radio and television, tourism and sports department shall cooperate with the Administrative Agency to create theList of Cultural Relics under Protection in Shatoujiao Administrative Area.
The Administrative Agency shall conduct a regular inspection of cultural relics in theList of Cultural Relics under Protection in Shatoujiao Administrative Area and notify the culture, radio and television, tourism and sports department timely when finding any damage to the cultural relics or any potential safety hazards. It shall also prevent people from damaging or destroying cultural relics and turn over any persons damaging or destroying cultural relics to the public security department or culture, radio and television, tourism and sports department for their disposition in accordance with law.
Article 22 For people who make, transport, copy, sell or rent any reactionary or pornographic books, journals, pictures, films, or audiovisual products in Shatoujiao Administrative Area, the relevant belongings in question shall be detained by the Administrative Agency, and the people in question shall be delivered to the public security department or culture, radio and television, tourism and sports department for their disposition in accordance with law.
Article 23 The complaints and reports about infringement of consumer rights shall be handled by the market supervision department or the consumer rights protection organization timely in accordance with law. The complaints and reports concerning any Hong Kong business and trade entities shall be delivered by the consumer rights protection organization to the relevant departments in Hong Kong for disposition.
The Administrative Agency shall coordinate and establish the information sharing mechanism with the relevant supervision authority in Hong Kong to consolidate the protection of consumer rights.
Article 24 The Administrative Agency shall strengthen the coordination and cooperation with the relevant departments in Hong Kong, jointly safeguarding the public order in the border area.
Article 25 If the Administrative Agency finds any staff member of the relevant enforcement departments fails to perform his or her duty as provided by law, it may report the issue to the department to which the staff member belongs or the department superior hereto. The relevant enforcement departments shall give feedback to the Administrative Agency with respect to their disposition.
Article 26 Where the Administrative Agency and other relevant departments as well as their staff fail to perform their duties pursuant to laws, regulations and provisions of these Regulations or where they abuse their power, neglect their duties and conduct wrongdoings to serve their own interests, they shall be disciplined by the departments they belong to or be given administrative penalties by supervisory organs. If crimes are constituted, the criminal liability shall be prosecuted in accordance with law.
Article 27 The term "materials" mentioned herein refers to materials of livelihood and production imported and exported by the government agencies, enterprises, institutions and other organizations to ensure the reasonable needs of daily life, production and business operation in Shatoujiao Administrative Area.
Article 28 These Regulations shall become effective as of March 1, 2018.
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