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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II JURISDICTION CHAPTER III WITHDRAWAL CHAPTER IV EVIDENCE CHAPTER V TIME PERIODS AND SERVICE CHAPTER VI STREAMLINED PROCEDURES CHAPTER VII INVESTIGATION Section 1 General Provisions Section 2 Case Acceptance Section 3 Interrogation and Inquiry Section 4 On-the-spot Examination and Inspection Section 5 Expert Evaluation and Test Section 6 Evidence Collection by Taking Samples Section 7 Evidence Sustenance by Advance Registration and Evidence Detention CHAPTER VIII PROCEDURES FOR HOLDING HEARINGS Section 1 General Provisions Section 2 Hearers and Hearing Participants Section 3 Notification of, Application for and Acceptance of Hearings Section 4 Holding of Hearings CHAPTER IX APPLICATION AND DETERMINATION OF ADMINISTRATIVE PENALTIES Section 1 Application of Administrative Penalties Section 2 Determination of Administrative Penalties CHAPTER X MEDIATION CHAPTER XI HANDLING CASE-RELATED PROPERTIES CHAPTER XII ENFORCEMENT CHAPTER XIII HANDLING OF FOREIGN-RELATED ADMINISTRATIVE CASES CHAPTER XIV TERMINATION OF CASES CHAPTER XV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1. The present Provisions have been formulated on the basis of the Administrative Punishment Law of the People's Republic of China and other relevant laws and administrative regulations for the purpose of standardizing the procedures for the handling of administrative cases by public security organs, safeguarding the correction performance of duties by public security organs in their handling of administrative cases, and protecting the lawful rights and interests of citizens, legal persons, and other organizations. Article 2. The present Provisions shall apply to the cases in which public security organs and the functional departments thereof decide to give administrative punishments to offenders according to law or enforces compulsory abandonment of drug habits or taking mandatory measures such as taking custody for education. Article 3. Public security organs shall, in their handling of administrative cases, take facts as the basis and law as the criterion. Article 4. Public security organs shall, in the handling of administrative cases, follow the principles of legitimacy, openness, impartiality, and timeliness, and shall defend the lawful rights and interests of citizens, legal persons, and other organizations. Article 5. Public security organs shall, in the handling of administrative cases, follow the principle of combining education with punishment, educating citizens, legal persons, and other organizations to voluntarily abide by the law. Article 6. Public security organs shall, when handling administrative cases involving minors under the age of 18, defend their lawful rights and interests according to the physical and mental features of minors. Article 7. Public security organs shall, when handling administrative cases in a place inhabited by any minority ethnic group or by several minority ethnic groups, use the language commonly used in the local place to make interrogations and inquiries. If any of the parties concerned does not know the language commonly used in that place, interpretation/translation services shall be provided. Article 8. If, in their handling of cases, any functionary of the public security organ neglects his duties, seeks private gains by illegal means, abuses his power, solicits or accepts any of the property of other people, he shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities. CHAPTER II JURISDICTION Article 9. An administrative case shall be subject to the jurisdiction of the pubic organ of the place where the violation takes place. If it is more appropriate for the public organ of the place where the violation is discovered to exercise jurisdiction, the public organ of the place where the violation takes place may exercise jurisdiction. Article 10. For an administrative case over which two or more public security organs are entitled to exercise jurisdiction, it shall be subject to the jurisdiction of the public organ that is the first to accept the case. Article 11. If any dispute arises with regard to the jurisdiction of a case, the public security organs concerned shall report it to their common higher public security organ for designated jurisdiction. Article 12. A public security organ on a higher level may, where necessary, investigate into the administrative cases under the jurisdiction of the public security organs on lower levels. In case any lower-level public security organ believes that any case is so important or complicated that is it necessary for a higher-level public security organ to handle, it may request for transferring it to the higher-level public security organ for handling. For the cases requested by lower-level public security organs for transferred handling, the higher-level public security organ shall make a decision within 24 hours, and inform the lower-level public organ that it shall go through the procedures of transferring the case or continue the handling of the case. Article 13. Handling departments with independent law enforcement qualifications such as frontier defense, fire proof, communications administration, and frontier defense inspection stations shall follow the present Provisions in the exercise of jurisdiction over administrative cases unless there are otherwise provisions in any law, administrative regulation, or ministerial rule. Article 14. The cases that happen on trains, within the areas of railway stations, on construction sites of railways, within administrative organs, factories, sections, institutes, teams of the railway industry, and the cases of imposing obstacles on railway lines, cases of destroying, moving railway facilities that may affect the security of railway transportation, cases of stealing railway facilities, etc. shall be subject to the jurisdiction of railway public security organs. The cases that happen on ships, in ports, in the work areas of wharfs, and those that happen within entities such as the administrative organs, factories, institutes, teams, etc. of the port and navigation industry shall be subject to the jurisdiction of the port and navigation public security organs. The cases that happen within the work areas of airports under the administration of civil administrative organs, those that happen within entities such as the administrative organs, factories, institutes, teams, etc. of the civil aviation industry, and those that happen on planes shall be subject to the jurisdiction of the civil aviation public security organs. The cases that happen within the state-owned forests shall be subject to the jurisdiction of forest public security organs. Article 15. If any public security organ believes that any case does not fall within its jurisdiction, it shall, subject to the approval of the principal of the public security organ, transfer the case to the competent organ within 24 hours. If any public security believes that any case does not fall within its jurisdiction and it has to take mandatory measures, it shall take the necessary mandatory measures according to law before transferring the case. CHAPTER III WITHDRAWAL Article 16. In any of the following situations, the principal or case-handling personnel shall withdraw, the parties concerned and the legal agents thereof are entitled to demand their withdrawal: (1) He is a party concerned or a close relative of any party concerned; (2) He himself or any of his close relatives has an interest in the case; (3) He is a witness or authenticator of the case; or (4) He has any other relationship with any party concerned so that the impartial handling of the case might be affected. Article 17. Whether a case handler shall withdraw, it shall be subject to the decision of the principal of the public security of the same level; whether the principal of a public organ shall withdraw or not, it shall be subject to the decision of the principal of the public security organ on the next higher level. Article 18. Where the principal of a public security organ or any case handler requests for withdrawal, he shall state the reasons. Article 19. Where any party concerned or the legal agent thereof demands the withdrawal of either the principal of the public security organ or any of the case handlers, he or she shall file a written application and state the reasons thereof. If he or she files the application orally, it shall be recorded by the public security organ. Article 20. With regard to the applications for withdrawal filed by the parties concerned or the legal agents thereof, the public security organ shall make a decision within 2 days and inform them of the decision. Article 21. In case any situation under which the principal of a public security organ or any case handler has to withdraw appears and the principal or handler fails to request for withdrawal, or the parties concerned or their legal agents thereof fail to demand their withdrawal, the principal of the public organ that is entitled to decide the withdrawal thereof may order them to withdraw. Article 22. If, in the process of investigation of any administrative case, any authenticator or translator/interpreter has to withdraw, the present Provisions shall apply. Article 23. Before the public security organ makes any decision of withdrawal, the handlers of the cases concerned shall not stop the investigation into the administrative cases. Article 24. Whether the activities of the principals of the public security organs, case handlers, authenticators, translators/interpreters that are decided to withdraw conducted before the decision of their withdrawal is made are valid or not, it shall be subject to the decision of the public security organ in light of the specific situation of the cases involved. CHAPTER IV EVIDENCE Article 25. The types of evidences involved in the handling of administrative cases by public security organs are: (1) documentary evidences; (2) physical evidences; (3) audio-visual materials, electronic data; (4) testimony of witnesses; (5) statements of victims; (6) statements and defenses of suspected offenders; (7) conclusions of authentications and tests; and (8) transcripts of on-the-spot examinations and inspections. All evidences must be proved before they can be taken as the basis of ruling. Article 26. Public security organs must follow the statutory procedures in the collection of evidences for proving whether a suspected offender has committed the offence and for proving the seriousness of the violation. It is rigidly prohibited to collect evidences by means of extorting confessions by torture or by enticement, cheating, or any other illegal means. No evidence obtained by illegal means may be used as the basis of ruling. Article 27. Public security organs shall, when collecting or taking evidences from the entities or natural persons involved, inform them that they shall provide evidences true to the fact. Article 28. All people that know the specifics of a case shall be obliged to bear witness. Those who cannot distinguish the right from the wrong due to physical or mental defects or adolescence shall not be witnesses. Article 29. With regard to the evidences that concern state secrets, business secrets, or privacies of natural persons, the public security organs shall keep them confidential. CHAPTER V TIME PERIODS AND SERVICE Article 30. Time periods shall be counted by the hour, day, or month. The hour or day when a time period commences shall be excluded. The time periods shall not include the time spent on the way. If the day on which a time period expires is a holiday, the first office day after the holiday shall be the day when the time period expires. Article 31. The following provisions shall be observed by the public security organs in their servicing of legal documents: (1) Where the case handlers make a decision on the spot according to the streamlined procedures, the decision shall be delivered to punishee, who shall affix their signatures to the page of the decision used for archival purposes. If any of punishee refuses to affix his or her signature, it shall be noted down by the handlers on the page of the decision used for archival purposes; and (2) Except for the provisions of Item 1 of the present Paragraph, the public security organs shall, when making any decision of administrative punishment or any other administrative sanction decisions, deliver on the spot the decision to the people under punishment or sanction after it is announced, and those under punishment or sanction shall affix their signatures on the addendum page of the decision. If any of the people under punishment or sanction refuses to affix his or her signature, it shall be noted down by the handlers on the addendum page of the decision. If any of those under punishment or sanction is not present at the scene, the public security organ shall service the decision to him or her within seven days. In the servicing of legal documents, priority shall be put on direct service so that they are serviced to the addressee himself. If the addressee himself is not available, it may be delivered to the adult family member thereof or the principal of the entity where he works. If the addressee himself or the person who is supposed to accept the decision on his behalf refuses to accept or refuses to fix his signature or seal, the servicemen may invite the neighbors thereof or other witnesses to be present at the scene, explain the situation, and leave the document at the place of the addressee, remark on the bill of acknowledgement the particulars of refusal and the date of service, affix the signatures of the servicemen and the witnesses, and the service shall be deemed as successful. Where it is impossible to make a direct service, the public security may entrust other public security organs to effect the service or make the service by post. If the service is still successful by taking the aforementioned means, the method of service by public announcement may be adopted. The scope and way of public announcement shall be able to facilitate the knowledge of the general public, and the term of announcement shall not be any shorter than sixty days. CHAPTER VI STREAMLINED PROCEDURES Article 32. Where the facts about a violation are clarified and supported by legal basis, an administrative punishment of fine of fifty yuan or less (in the case of a natural person) or one thousand yuan or less (in the case of an entity) or a warning may be imposed by the handlers on the spot. With regard to the acts in violation of public security administration such as prostitution, wench, and seducing, introducing or permitting prostitution, wench, and those involving foreign elements, no administrative punishment may be made on the spot. Article 33. The following procedures shall be followed in the execution of punishments on the spot: (1) Showing the identity of the enforcers to the violators, informing them orally the facts, reasons, and the basis of the administrative punishment to be meted out and the rights they can lawfully enjoy; (2) Listening carefully to the statements and defenses of the violators. If the facts and reasons or evidences presented by the violator are tenable, they shall be adopted; (3) The decision of punishment shall be filled in and delivered to the punishee; and (4) Where a fine is collected on the spot, a receipt shall be filled in and delivered to the punishee on the spot. If the fine is not collected on the spot, the punishee shall be informed to pay the fine to the designated bank within a prescribed time limit. Article 34. Where the streamlined procedures are followed, the administrative punishment decisions may be made by a single handler. Where the handler makes a decision of administrative punishment on the spot, it shall be reported to the public security organ where he belongs to within two days for archival purposes. CHAPTER VII INVESTIGATION Section 1 General Provisions Article 35. When investigating into an administrative case, public security organs shall collect and take relevant evidential materials in a comprehensive, timely, and lawful way, and such materials shall be examined and verified. Article 36. The case facts that are subject to investigation include: (1) basic information of the suspected offender; (2) whether the violation exists; (3) whether the violation has been committed by the suspected offender; (4) when, where, and how the violation has been committed and the consequences and other particulars of the violation; (5) whether there exists any statutory situation for giving a heavier, more lenient, or mitigated punishment to the suspected offender or exempting the offender from punishment; and (6) other facts relating to the case in question. Article 37. When making investigations by the public security organ, there shall be two or more handlers, who shall show their identity to the people under investigation. Article 38. Where any suspected offender is drunk so that he himself is in danger or threatens the safety of any other person, the public security organ shall restrain him or directly inform the entity where he belongs to or his family member to take him back for custody. Any drunk person who has lost control of himself may be restrained by a restraint belt or police rope, but not police weapons such as handcuffs or fetters. In the process of restraint, close attention shall be paid; and once the drunk person sobers up, he shall be relieved from restraint immediately. Article 39. Pens or sign pens and inks whose stains can be kept for long, rather than ballpoint pens or pencils, shall be used in writing transcripts and filling in legal documents. Section 2 Case Acceptance Article 40. Public security organs shall accept the cases reported by entities or natural persons and the cases in which offenders surrender themselves to justice, and shall record down for future reference. If any case does not fall within the jurisdiction of the public security organ, the public security organ shall not accept the case, but shall inform the reporter or offender of the competent public security organ for reporting the case or surrendering himself to justice. Article 41. Where any case reporter refuses to make his name and reporting known, the public security organ shall keep them confidential. Article 42. Public security organs shall register the relevant evidential materials, physical objects, etc. provided by the case reporters, and shall keep them in a proper way. Article 43. If the public security organ believes that an administrative case received or any of the clues of violations discovered shall be subject to administrative liabilities and falls within its own jurisdiction, it shall set out to investigate for handling. As for those not supported by facts of offence or whose offence is slight so that no administrative liability is necessary or there are other circumstances which exempts the offence from administrative liabilities, it may be refrained from handling, subject to the approval of the head of the section or above. In particular, if a case is reported by the victim, a written decision of refraining from handling shall be formulated and be delivered to the case reporter within three days. If it is impossible to service it, it shall be noted down. Article 44. For the administrative cases in which punishment is meted out on the spot, they shall be handled according to the provisions of Chapter VI of the present Provisions. Section 3 Interrogation and Inquiry Article 45. The interrogation of suspected offenders may be conducted at the place where he dwells or at the entity that he belongs to. Where it is necessary to summon him, it shall be subject to the approval of the principal of the section of the public security organ that handles the case. The suspected offender may also be summoned to a designated place of the county or city where he dwells for interrogation. Article 46. When summoning a suspected offender, the public security organ personnel shall show their enforcer's identity and the subpoena. The suspected offenders discovered on the spot may be summoned orally. As soon as he appears at the place of interrogation, a subpoena shall be made up without delay. If any suspected offender of public security administration refuses to accept the summon or evades the summon without good reasons, he may be subject to mandatory summon. In the event of mandatory summon, restraint police weapons such as handcuffs and police ropes may be used. Article 47. After a suspected offender is summoned at the place of interrogation and when the interrogation and check comes to an end, he shall fill in the subpoena with the time of summon and the time when the interrogation and check finish, and affix his signature to the subpoena. If he refuses to fill in, it shall be recorded down by the handlers on the subpoena. Article 48. Once a suspected offender appears at the place of interrogation after being summoned, the public security organ shall conduct the interrogation and check immediately. The interrogation and check conducted by the public security organs shall not last twelve hours or more. If the case is complicated, and the offender shall be subject to the administrative punishment of detention according to law, the interrogation and check may be extended up to twenty four hours, subject to the approval of the head of the section of the public security organ that handles the case. No one may detain a suspected offender in the disguised form of consecutive summons. The physical freedom of the suspected offender shall not be restrained in the process of interrogation unless he is under mandatory summon. Article 49. The interrogation of a suspected offender shall be conducted by those people that handle the case. The suspected offenders involved in a same case shall be interrogated separately. Article 50. When conducting an interrogation, the public security organ shall interrogate the suspected offenders of their names, birth dates, places of permanent residence, current dwelling places, identity card numbers, work entities, educational backgrounds, etc. Where it is necessary, it shall interrogate them about their major family members, whether they have any record of criminal punishment or administrative detention or reformation through labor, detained education, forced abandonment of drug habits, detained rehabilitation, etc. If the suspected offender is a foreigner, he shall be interrogated about his nationality, type of entry and exit certificate and the number thereof, the type of visa, the time of entry, the cause of entry, etc. Where it is necessary, he shall be interrogated about their relations in China. Article 51. Suspected offenders shall, when being interrogated, be informed of the obligation to reply truthfully to the questions of the case handlers and the right to refuse those question that have little to do with the case in question. Article 52. In the interrogation of juvenile suspected offenders, the guardians thereof or teachers thereof shall be called to be present at the scene. Where it is impossible to notify them or they fail to be present at scene after notification, such situation shall be noted down in the transcripts. The interrogation of juvenile suspected offenders may be conducted at the public security organ concerned or at the place where they dwell, at the school, entity, or any other appropriate places. Article 53. In the interrogation of deaf and dumb suspected offenders, there shall be a person who knows the gestures of the deaf and dumb people present at the scene, the basic information of the suspected deaf and dumb offenders, the name, dwelling place, working entity and occupation of the interpreters shall be recorded down in the transcripts. Article 54. The transcripts of interrogation shall be verified by the suspected offenders or read out to them. In case there is any mistake or omission in the transcripts, the suspected offenders shall be allowed to make corrections or supplementations, and their fingerprints shall be affixed to the transcripts. After the transcripts of interrogation have been verified by the suspected offender to be free from any mistake, he shall put his signature or fingerprint to each page of the transcripts. If he refuses to affix his signature or fingerprint, the case handlers shall record the situation down in the transcripts of interrogation. All the items of the transcripts of interrogation shall be filled in according to relevant provisions. The case handlers and interpreters/translators shall affix their signatures to the transcripts of interrogation. In the interrogation of suspected offenders, audio records or video records may be made where necessary apart from the written transcripts. Article 55. Where a suspected offender requests for writing down his statements by himself, it shall be permitted. Where it is necessary, the case handlers may also demand the suspected offender to write down his statements by himself. The suspected offender shall put his signature or fingerprint at the last page of his written statements. The case handlers shall, after having received the written statements, write down the date when they are received at the upper right corner of the first page and affix their signatures. Article 56. In the process of interrogation, the case handlers shall listen carefully to the statements and pleadings of the suspected offenders, and shall examine carefully the statements and pleadings of the suspected offenders. Article 57. Where it is necessary, in the process of interrogation, to prove the illegal acts of a suspected offender by means of evidences, attention shall be paid to avoiding the divulge of the secrets obtained in investigation. Article 58. The inquiry of witnesses and victims may be conducted at the entity where they belong to or at their dwelling places. Where it is necessary, the witnesses and victims may be called to provide testimony at the public security organ or at any designated place. Article 59. Case handlers shall, before making inquiries, know about the identity of the witnesses and victims concerned and the relationship between the witnesses, suspected offenders, and the victims, and shall inform them to present evidences true to the fact. No case handler may divulge any of the case facts to the witnesses or victims or air his opinion about the case. Article 60. The inquiry of adolescent witnesses and victims may be made at their dwelling places, schools, entities or any other appropriate places. Where it is necessary, it may also be made at the public security organ. To make an inquiry, the guardians or teachers thereof may be called to be present at the scene of inquiry. Article 61. The provisions of Articles 49, 51, 53, 54, and 55 of the present Provisions are applicable to the inquiry of witnesses and victims. Article 62. The privacies involved in the inquiry of witnesses and victims shall be kept confidential. Section 4 On-the-spot Examination and Inspection Article 63. Case handlers may make on-the-spot examinations over the places where offences occur so as to obtain in good time the evidential materials relating to the case in question, judge the nature of the case, and determine the orientation and scope of investigation. Article 64. When making an on-the-spot examination, photos of the spot shall be taken according to the rules regarding on-the-spot examination, on-the-spot examination transcripts and on-the-spot maps, and video records may be made where necessary. When making on-the-spot examinations over computer offences, attention should be paid to the protection of computers, other relevant equipments and the data, and the copy of the electronic materials and data relating to the case in question. The on-the-spot examination transcripts shall bear the signatures of the examiners, the parties concerned or witnesses. Article 65. In order to collect the evidences about offences, case handlers may check the suspected offenders and their carry-on luggage. Article 66. When inspecting a suspected offender, the personal dignity of the inspected shall be respected, and no inspection may be made in any way that harms the personal dignity of the inspected. The inspection of a suspected offender shall be made by two people's police of the same gender of the inspected. The venereal disease inspection of prostitutes and wenchers shall be made by doctors. Article 67. In order to collect evidences regarding an offence, seize suspected offenders, inspections may be made to the places where suspected offenders or evidences may hide, subject to the approval of the principal of the public security organ on the county level or above. To make the inspection, the inspectors shall have certificates for inspection, and shall show their identities. Where the situation is urgent and it is necessary to inspect any entity, case handlers may make an inspection upon the strength of their enforcer's identity cards, and make up the formalities after making the inspection. In the process of inspection, the inspected or the family members thereof or other witnesses shall be present at the scene. Article 68. Inspection transcripts shall be made for the inspections made. The transcripts shall bear the signatures of the case handlers, the inspected or witnesses. If the inspected is not present at the scene or refuses to affix his or her signature, it shall be noted down on the transcripts by the case handlers. Section 5 Expert Evaluation and Test Article 69. Where it is necessary to make expert evaluations about the technical issues involved in an administrative case for the purpose of clarifying case facts, public security organs shall designate or appoint people or institutions that have the required professional knowledge to make expert evaluations. Article 70. Public security organs shall provide the necessary conditions for expert evaluations, deliver in good time original materials including the relevant materials for evaluation and samples for comparison, introduce relevant information relating to the evaluation, and unambiguously pose the questions to be settled, but may not imply or force the evaluators or institutions to make any certain conclusion. Article 71. Medical evaluation of psychiatric diseases shall be conducted by hospitals designated by the provincial people's governments. The evaluation of personal injuries shall be conducted by forensic doctors or hospitals on the county level or above. Article 72. An evaluator or evaluation institution shall, after making an evaluation, submit a conclusion of evaluation, to which he or it shall affix his signature or the seal of institution. Article 73. Evaluation conclusions shall be photocopied by public security organs and a copy of which shall be delivered to the suspected offenders and victims each. Where any of the suspected offenders or victims refuses to accept the conclusion of evaluation, he may file an application for reevaluation, and a reevaluation may, subject to the approval of the principal of the public security organ on the county level or above, be made, but for no more than once. Article 74. In the case of reevaluation, the public security organ shall designate or appoint a different evaluator or evaluation institution to make the reevaluation. Article 75. The expenses of expert evaluation shall be borne by the public security organ. In the case of reevaluation, if the conclusion of reevaluation is different, the expenses of reevaluation shall be borne by the public security organ; if the conclusion of reevaluation remains the same, the expenses thereof shall be borne by the applicant. Article 76. In case any person is suspected of taking addictive drugs, the public security organ may conduct physical tests of drug ingredients. Article 77. In case any person is suspected of driving a motor vehicle after drinking wine, traffic policemen may conduct alcoholic tests to him. Section 6 Evidence Collection by Taking Samples Article 78. Case handlers may, when collecting evidences, employ the method of taking samples. Samples shall be taken randomly, and taken at a quantity that is enough to reflect the nature and features of the product. Article 79. When taking samples as evidences, the holder of the products that are sampled or any other witnesses shall be present at the scene, and a checklist of sample-evidences shall be issued. Article 80. the checklist of sample-evidences shall bear the signatures of the case handlers and the holder of the product sampled or other witnesses. If the holder of the sampled product refuses to sign, the situation shall be noted down on the checklist by the case handlers. A copy of the checklist of sample-evidences shall be kept by both the case handlers and the holder of the sample products. Article 81. Public security organs shall make tests of the samples in good time. If the result of the test shows that it can be used as evidence, evidence preservation measures shall be taken in good time. Where it cannot be used as evidence, the samples shall be returned in good time, and if any of the samples has been used up or derogated, compensations shall be made. Section 7 Evidence Sustenance by Advance Registration and Evidence Detention Article 82. If, when collecting evidences, case handlers find that any of the evidences may be missing or may be difficult to obtain in future, it may, subject to the approval of the head of the section of the public security organ that handles the case, be registered in advance for keeping. The public security organ shall make a decision within seven days as how to deal with the evidences kept by advance registration. If no decision is made upon the expiry of the time period, it shall be deemed as having been dissolved automatically. Article 83. In the advance registration of evidences for keeping, the registration shall be made by the case handlers together with the holder of evidence or any other witnesses with regard to the name, quantity, features, etc., and a checklist of evidences registered in advance for keeping shall be issued. Where it is necessary, photos may be taken for the evidences registered for keeping. The checklist of evidences registered in advance for keeping shall bear the signatures of both the case handlers and the holder of the evidences. If the holder refuses to affix his signature, the situation shall be remarked by the case handlers on the checklist. The checklist of evidences registered in advance for keeping shall be kept one copy by both the case handlers and evidence holders. Article 84. During the time period of evidence keeping by advance registration, neither the evidence holder nor any other people may destroy or move away any of the evidences. Article 85. If any of the objects and documents found in the investigation of a case can be used to prove the facts of the case cannot avoid the destruction or moving away by any of the parties concerned by means of keeping by advance registration, they may be seized, subject to the approval of the head of the section of the public security organ that handles the case. None of the physical objects or documents that has little to do with the case in question may be seized. If any of the objects and documents seized is found to have nothing to do with the case in question, it shall be dissolved from seizure immediately. None of the objects and documents within the lawful control of the victims may be seized, but may be kept by advance registration. Article 86. The objects and documents seized shall be subject to the check of the case handlers in collaboration with the holder of the objects and documents, and a checklist shall be issued in duplication on the spot, specifying the name, specifications, quantity, and features of the seized objects and documents. After the checklist is signed by the case handlers and the holder of the objects and documents seized or any other witnesses, a copy shall be kept by the holder, and another be kept as an addendum to the case transcripts for future reference. Article 87. The audio tapes, video tapes, and electronic data storage media that can be used as evidences shall, when being seized, be checked, recording down the case briefing, object of the case, contents, and when and where they are taken and copied, and shall be kept in a proper way. Article 88. The public security organ shall make a decision within fifteen days as how to deal with the objects and documents seized. If it fails to make any decision when the time period expires, it shall return them to the parties concerned. CHAPTER VIII PROCEDURES FOR HOLDING HEARINGS Section 1 General Provisions Article 89. Before making a decision of imposing any of the following administrative punishments, the public security organ shall inform the suspected offenders of the right to hold hearings: (1) Enjoining the stop of production or business operation, or the stop of computers for rectifications, the stop of construction work, etc.; (2) Canceling any permit or license; (3) A relatively large amount of fine; or (4) Any other administrative case for which the suspected offenders may demand to hold hearings according to the provisions of any law, administrative regulation, or ministerial rule. The expression "a relatively large amount of fine" mentioned in Item 3 of the preceding paragraph refers to a fine of 2,000 yuan or more imposed upon a natural person or a fine of 6,000 yuan or more imposed upon natural persons violating the laws, regulations, and ministerial rules regarding frontier defense, entry and exit, or a fine of 10,000 yuan or more imposed on an entity. With regard to the fines imposed according to the local regulations or rules of local people's governments, the amounts of fine for which hearings shall be held shall be subject to the governance of such local provisions. Article 90. Hearings shall be organized and held by the legal affairs section of the public security organs. Where any decision of administrative punishment is made by any internal functional section of the public security organ in its own name, the hearing shall be organized and held by the people of the section that are not investigators of the case in question. Article 91. No public security organ may impose a heavier punishment upon the suspected offender due to his request for holding hearings. Article 92. The presiding hearer shall listen to the statements and defenses of the parties concerned in an all-round way including the facts of the administrative case in question, the evidences, procedures, applicable law, etc. Section 2 Hearers and Hearing Participants Article 93. For a hearing, there shall be a presiding hearer to be responsible for the organization of hearing, and a clerk to be responsible for making hearing transcripts. Where it is necessary, there may be one or two hearers to assist the presiding hearer in the process of hearing. The presiding hearer shall be designated by the principal of the public security organ. No investigator of the case in question may act as the presiding hearer, hearer, or clerk. Article 94. The presiding hearer shall have the following powers in the hearing activities: (1) Deciding when and where the hearing is to be held; (2) Deciding whether the hearing is to be held in public; (3) Demanding hearing participants to be present at the scene of hearing, and provide or supplement evidences; (4) Deciding whether the hearing is to be postponed, suspended or terminated; (5) Presiding the hearing, and arranging for the cross-examination and debate over the facts of the case, reasons, evidences, procedures, applicable law, etc.; (6) Maintaining the order of hearing, and stopping any act in violation of the hearing disciplines; (7) Deciding the withdrawal of other hearers and the clerk; and (8) Other powers that are granted by law. Article 95. Hearing participants include: (1) the participants concerned and their agents; (2) handlers of the case in question; (3) witnesses, evaluators, and translators/interpreters; and (4) other relevant people. Article 96. The parties concerned have the following rights in the process of hearing: (1) Requesting for withdrawal; (2) Entrusting one or two agents to participate in the hearing; (3) Making statements, defenses, and cross-examinations; (4) Verifying and supplementing the transcripts of hearing; and (5) Other rights enjoyable according to law. Article 97. Where any other citizen, legal person or any other organization that have a direct interest in the result of the hearing of the case pleads to participate as a third party, it shall be permitted. Where it is necessary, the presiding hearer may also notify them to participate in the hearing for the purpose of clarifying case facts. Article 98. Hearing participants shall arrive at the designated venue at the designated time to participate in the hearing. They shall abide by the disciplines of hearing, and shall answer the inquiries of the hearers truthfully. Section 3 Notification of, Application for and Acceptance of Hearings Article 99. With regard to an administrative case to which a hearing can be held, the case-handling section of the public security organ shall, after making the suggestion of punishment, notify the suspected offenders of the administrative punishment to be imposed and the right to hold hearings. Article 100. Where any suspected offender pleads for holding a hearing, he shall file an application within three days after being notified by the public security organ. Article 101. Where a suspected offender who gives up or withdraws his request for holding a hearing before any decision of punishment is made applies again for holding a hearing, such application shall be approved, so long as the application is filed within the valid time limit for holding hearings. Article 102. After receiving a request for holding a hearing, the public security organ shall decide within two days whether it is accepted or not. Where it believes that the request of the suspected offender does not meet the requirements for holding a hearing, and thus decides not to accept it, it shall formulate a notice of rejecting the request, and shall inform the applicant of the decision. Where it fails to inform the applicant of the decision, it shall be deemed that the application has been accepted. Article 103. The public security organ shall, after accepting the request for holding a hearing, service a notice to the applicant seven days prior to the holding of hearing, and shall inform other participants of the time and place of the hearing. Section 4 Holding of Hearings Article 104. A hearing shall be held within ten days as of the public security organ receives the application for holding hearings. A hearing shall be held in public unless any state secret, business secret, or personal privacy is involved in the administrative case. Article 105. Where any suspected offender cannot participate in the hearing when it is due, he may request for postponement. Whether the request is approved or not, it shall be subject to the decision of the presiding hearer. Article 106. Where two or more suspected offenders request for holding hearings for a same administrative case, the hearings may be held jointly. Article 107. Where two or more suspected offenders are involved in a same administrative case and some of them apply for holding hearings while other don't, the ruling of the case may not be made until the hearings have been finished. Article 108. When the hearing begins, the presiding hearer shall verify the hearing participants, read out the case briefing, the name of the hearers, the clerk, and interpreters, inform the parties concerned of their rights and obligations in the process of hearing, questioning the parties concerned whether they apply for the withdrawal of any person, and, if it is decided not to hold the hearing in public, the reasons for not holding the hearing in public. Article 109. The hearing shall begin with the case handlers' briefing of the case facts to the suspected offenders, the evidences, their suggestions for administrative punishment, and the legal grounds thereof. Article 110. When presenting any evidence, case handlers shall present it to the hearing. The testimonies, evaluation conclusions, on-the-spot examination transcripts, and other documents that can be used as evidences shall be read out at the hearing. Article 111. Suspected offenders may make statements, defenses, and cross-examinations concerning the cases, evidences, legal grounds presented by the case handlers, and their suggestions for administrative punishment, and may present new evidences. Third parties may state facts, and produce new evidences. Article 112. The parties concerned and their agents are, in the process of hearing, entitled to notify new witnesses to be present at the hearing, and obtain new evidences. As for such requests, the presiding hearer shall decide on the spot whether to consent or not. Where an application is made for reevaluation, the reevaluation shall be made according to the provisions of Chapter VII, Section 5 of the present Provisions. Article 113. The suspected offenders, third parties, and case handlers may debate over the case facts, evidences, procedures, applicable law, type of punishment, the scope of punishment, etc. Article 114. When the debate comes to an end, the presiding hearer shall listen to the final statement of the suspected offenders, third parties, and case handlers regarding their opinions. Article 115. If, in the process of hearing, any of the following situations appears, the presiding hearer may suspend the hearing: (1) It is necessary to call new witnesses to be present at the hearing, to obtain new evidences, or to make reevaluations or on-the-spot examinations; (2) The hearing cannot continue due to the pleading of any party concerned for the withdrawal of any person; or (3) Any other situation that requires the suspension of the hearing. When the reasons for suspending the hearing disappear, the presiding hearer shall resume the hearing in good time. Article 116. If, in the process of hearing, any of the following circumstances occurs, the hearing shall be terminated: (1) The suspected offender withdraws his application for hearing; (2) The suspected offender and his agent refuse to appear at the hearing without good reasons or withdraw from the hearing halfway without obtaining the approval of the presiding hearer; (3) The suspected offender dies or legal person or any other organization as the suspected offender is dissolved or canceled; (4) In the process of hearing, the suspected offender or the agent thereof disrupts the order of hearing, and refuses dissuasion so that the hearing cannot proceed normally; or (5) Other circumstances which requires the termination of hearing. Article 117. Hearing participants and auditors shall abide by the disciplines of hearing. Any one who violates any of the disciplines of hearing shall be warned and stopped by the presiding hearer. Any auditor who rejects such warning and disrupts the normal proceeding of hearing shall be enjoined to withdraw. Article 118. The clerk shall translate the minutes of hearing into the transcript of hearing. The transcript of hearing shall cover the following elements: (1) Case briefing; (2) When, where, and how the hearing is held; (3) The name and title of the hearers; (4) The name, work entity, and dwelling place of the participants of hearing; (5) The facts described by the case handlers, the evidences, legal grounds, and the suggestions for administrative punishment; (6) The statements and defenses of the suspected offenders or the agents thereof; (7) The facts and reasons stated by third parties; (8) The contents of the cross-examinations and debates among the case handlers, the suspected offenders or the agents thereof, and third parties; (9) The facts described by the witnesses; (10) The final statements of the suspected offenders, third parties, and case handlers; and (11) Other items. Article 119. The transcripts of hearing shall be given to the suspected offenders for reading by themselves or be read out to them. The statements of the witnesses recorded down in the transcripts of hearing shall be given to the witnesses for reading by themselves or be read out to them. Where any of the suspected offenders or witnesses believes that there are errors in the transcripts, he or she may request for supplementation or correction. The suspected offenders and witnesses shall, after making sure that no error exists in the transcripts, affix his or her signature or fingerprint to the transcripts. If he or she refuses to affix his signature or fingerprint, the situation shall be noted down by the clerk in the transcripts. After being read by the presiding hearer, the transcripts of hearing shall be signed by the presiding hearer, other hearers, and the clerk. Article 120. After a hearing ends, the presiding hearer shall work out a hearing report, and submit it, together with the transcripts of hearing, to the principal of the public security organ. Article 121. The report of hearing shall cover the following contents: (1) Case briefing; (2) The basic information about the hearers and the hearing participants; (3) When, where, and how the hearing is held; (4) The basic information of the hearing; (5) The case facts; and (6) Opinions for case handling and other suggestions. Article 122. The principal of the public security organ shall, on the basis of hearing, make a decision on how to handle the case according to the provisions of Chapter IX of the present Provisions. CHAPTER IX APPLICATION AND DETERMINATION OF ADMINISTRATIVE PENALTIES Section 1 Application of Administrative Penalties Article 123. If a violation is not found out within two years, no administrative punishment may be given thereafter unless it is otherwise provided by law. The time period provided in the preceding paragraph shall be counted from the day when the violation is committed. If the violation is continuous or in a state of continuity, the time period shall be counted as of the day when the violation ends. Article 124. When imposing an administrative punishment, the public security organ shall order the offender to get right or to rectify the offence within a time limit. Article 125. An offender shall not be imposed on two or more fines as administrative punishments due to the same violation. Article 126. An offender who is under the age of 14 shall be exempted from administrative punishment, but the guardian thereof shall be ordered to offer him strict custodian education; The illegal gains or property, if there is, shall be confiscated. For an offender who is up to 14 years old but less than 18 years old, the administrative punishment imposed on him shall be extenuated or mitigated. Article 127. For a mental patient who commits a violation at a time when he is unable to recognize or control his own conduct, no administrative punishment may be imposed on him, but his guardian shall be ordered to take him in strict custody and give him medical treatment. For an intermittent mental patient who commits a violation at a time when his is mentally normal, an administrative punishment shall be imposed on him. For a mental patient who isn't completely unable to recognize or control his own conduct commits a violation, an administrative punishment shall be imposed on him, but which may be extenuated or mitigated. Article 128. An offender shall be given an extenuated or mitigated administrative punishment in accordance with the law under any of the following circumstances: (1) He voluntarily eliminates or diminishes the bad consequences caused by his violation; (2) He commits the violation coerced by others; (3) He has meritorious performance in assisting the public security organ to investigate and deal with the illegal practices and criminal acts; or (4) Other circumstances in which the offender shall be given an extenuated or mitigated administrative punishment. If the violation is slight and has been corrected in good time so that no harmful consequences have resulted, no administrative punishment shall be given. Article 129. An offender shall be punished heavily under any of the following circumstances: (1) Where serious consequences are caused; (2) Where he coerces or induces others or solicits any juvenile to commit offences; (3) Where he imparts methods, means and techniques of illegal practices; (4) Where he acts in revenge against the prosecutor, the reporter and the witness; or (5) Where he is given two punishments or more for a same kind of violation within a year. Article 130. For a person who commits two or more violations, a ruling shall be made for each of the violations, but the rulings shall be enforced jointly. Article 131. The administrative detention shall not be applicable to an offender who is under any of the following circumstances: (1) He (She) is under the age of 16; (2) He (She) is at least 70 years old; (3) She is pregnant or is breast-feeding her infant less than 1 year old; or (4) He (She) is suffering from any serious contagious disease. Section 2 Determination of Administrative Penalties Article 132. When handling an administrative case, the public security organ shall find the illegal facts; if the illegal facts are unclear, it shall not make a decision of administrative penalty. As to an unidentified suspect who refuses to tell his real name and address, so long as the illegal facts are clear, the evidence is undeniable, a decision of penalty can be made according to the name given by him and a remark shall be made in the relevant legal documents. Article 133. After the section of the public security organ that handles a case has made a decision on administrative penalty, it shall inform the suspected offender of the facts, reasons and basis for the decision on administrative penalty and the right to make statements and to defend that he enjoys according to law. As to a decision of administrative penalty that is made by applying the general procedure, the suspected offender shall be notified in written form or by means of notes. Article 134. A suspected offender shall have the right to make statements and the right to defend himself (herself). The public security organ shall examine and verify the facts, reasons and proofs raised by him (her). No public security organ may impose a heavier punishment on a suspected offender because he or she makes a defense. Article 135. When examining and approving an administrative case, the following items shall be examined: (1) The basic information of the suspected offender; (2) Whether the facts of this case is clear or not, and whether the evidence is exact or not; (3) The determination of the case is correct or not; (4) Whether the application of laws, regulations and rules in this case is correct or not; (5) Whether the procedure for handling the case is legitimate or not; and (6) Whether the possible decision on the handling of this case is proper or not. Article 136. The public security organ shall make different decisions on administrative cases in light of the following circumstances: (1) For a person who actually commits a violation and shall be given an administrative punishment, an administrative punishment decision shall be made in light of the seriousness of the circumstances and the consequences; (2) For a person who commits a lenient violation and may not be given an administrative punishment in accordance with the law, he shall not be given an administrative punishment; (3) Where the illegal facts are groundless, no administrative punishment may be given; (4) For a person against whom compulsory abandonment of drug habits or in-custody education, etc. shall be taken, a decision shall be made in accordance with the law; and (5) For a violation that is suspected of constituting a crime, it shall be delivered to the competent administrative organ or department. Article 137. The punishment of administrative detention given to an offender shall be decided by the public security at (above) the county level. No interior institution may give an administrative detention in its own name. Article 138. Before an administrative detention is imposed on a delegate to any of the people's congresses at (above) the county level, the punishment decision shall be subject to approval by the presidium of same level of the people's congress or the standing committee of the people's congress. Article 139. Where a fine of more than 50 yuan (excluding 50 yuan) is imposed on a person who violates the road traffic management rules, an administrative punishment decision shall be made by the traffic management department of the local public security organ at (above) the county level. Where the Driver License of an offender who is in violation of the road traffic rules shall be suspended or withdrawn, a decision shall be made within the functions specified as below: (1) The suspension of the Driver License for less than 6 months shall be subject to the decision of the traffic management department of the public security organ at the county level; and (2) The suspension of the Driver License for not less than 6 months shall be subject to the decision of the traffic management department of the public security organ at or above the prefecture (city) level. Article 140. Where the fire proof department of a public security organ enforces the punishment of warning, fine, order to stop the construction, use, production and operation or confiscating the products and illegal gains, it shall make a written decision about such an administrative punishment and shall affix its official seal. Article 141. When a frontier defense inspection station handles the administrative cases provided for in regulations on entry-exit inspection, it may directly decide to impose a fine of not more than 5,000 yuan on the offenders; if a fine is not less than 5,000 yuan (excluding 5,000 yuan) the frontier defense inspection station shall report to the General Station for Frontier Defense Inspection or to the General Border Security Armed Police Force at the level of prince, autonomous region, and municipality directly under the Central Government for approval before it makes the decision. Article 142. A person who is in violation of the pass management rules in the border control area of the PRC shall be given an administrative punishment by the frontier defense inspection station or by the public security organ at or above the county level. Article 143. When the public security organ makes an administrative punishment decision, it shall inform the punishee of the remedial right to file an administrative reconsideration or an administrative action. Article 144. When a public security organ handles a criminal case that is not serious enough for criminal punishment and, in accordance with the law, shall be subject to an administrative punishment by the public security organ, it shall deal with it in compliance with the provisions of the present Chapter. CHAPTER X MEDIATION Article 145. A public security organ may handle the following administrative cases of violating security administration through mediation: (1) Where lenient injures are caused in fistfights and scuffles due to civil disputes; (2) Where any of the property of any other person is damaged as a result of civil dispute, but the circumstance is lenient; and (3) Other offences against security administration due to civil disputes, but the circumstances are minor. As to the civil disputes not constituting offences against security administration, all disputed parties shall be informed of the right to file applications to the people's courts or the basic-level mediation organs for handling of the disputes. Article 146. When a public security organ mediates administrative cases, it shall proceed openly except for the following circumstances: (1) Involving personal privacy; (2) Both offenders in violation of security administration and the victim request a secluded mediation. Article 147. When the public security organ handle cases through mediation, they shall follow the principle of lawfulness, impartiality, voluntariness and timeliness, shall focus on educating and guiding the parties concerned so as to solve their disputes. Article 148. Where a juvenile is involved in an administrative case, his (her) parents or other guardians shall be present at the scene. Article 149. When an administrative case for neighborhood disputes is handled through mediation, members of the urban residents' committee or the villagers' committee, or the persons that both parties are familiar with, may be invited to participate in the mediation. Article 150. Generally, mediation shall be made once, one more may be made where necessary. Where an agreement is reached in the process of mediation, both parties shall affix their signatures to the mediation paper and fulfill the mediation agreement. Article 151. Where a mediation agreement has been reached and fulfilled, the public security organ shall not impose public security penalty on the offenders. Where no agreement is reached in the course of mediation or any party concerned goes back on his word, the public security organ shall give a punishment to the offender who goes against the security administration. As to the disputes over compensation for damage, the public security organ shall inform all disputed parties of the right to file a civil action in the people's court. CHAPTER XI HANDLING CASE-RELATED PROPERTIES Article 152. The following tools, equipment mainly used in illegal activities or case-related properties shall be confiscated: (1) Gambling devices; (2) Equipment used for manufacturingŁ¬replicatingŁ¬ distributing pornographic books, pictures, video tapes or other materials; (3) Tools used for taking or injecting drugs; (4) Things used for scalping tickets or coupons with face value or cheating other's property; and (5) The other tools and properties that shall be confiscated. Article 153. All kinds of prohibited products such as pornographic articles, drugs and printed matter containing reactionary, heretical cult and superstitious ideas shall be taken over. Article 154. A decision on confiscation of properties shall be subject to the approval of the principal of the public security organ at or above the county level, and a checklist of the confiscated properties shall be made. After the decision takes effect, the confiscated properties shall be handled according to the following rules: (1) Those shall be turned over to the State treasury shall be delivered to finance department for handing; (2) Those fall within the category of prohibited products shall all be registered and destroyed upon approval of the principal of the security department of the public security organ at or above the county level, among which the pornographic articles or drugs shall be destroyed by the security administration department or the drug prohibition department of the public security organ at or above the county level; and (3) The legitimate properties of the victims shall be returned to the victims in time. Article 155. The original owners, to whom the properties shall be returned, shall be informed that they should claim the properties within 6 months; if it is not clear who are the original owners, they shall be notified by way of public announcement. If no one claims the properties within 6 months thereafter, the properties shall be deemed ownerless and shall be turned over to the state treasury. Under special circumstances, the time limit may be extended appropriately, but not more than 3 months. Article 156. For those easily rotten and damaged or the other goods unable to be preserved, they shall be returned to the original owners in time; in case of failing to find the original owners, and upon the approval of the principal of the public security organ at or above the county level, they may be sold off after having been photographed or videotaped, and the income thereof shall be handled in accordance with Articles 154 and 155 of the present Provisions. Article 157. No entity or individual may borrow, misappropriate, change and seize the properties detained or taken over. Article 158. When the jurisdiction over an administrative case is changed, the properties and interests involved in the case shall be delivered along with the case. When delivering the properties, the receiver and the deliverer shall conduct face-to-face check and verification, and both shall sign a receipt of delivery. CHAPTER XII ENFORCEMENT Article 159. After the public security organ makes a decision on administrative punishment in accordance with the law, the punishee shall fulfill it within the time limit specified in the decision. Article 160. If any punishee files an application for administrative reconsideration or brings an administrative lawsuit because he refuses to accept the decision on administrative punishment, they shall not stop the fulfillment of the decision unless law provides otherwise. Article 161. Where any punishee fails to fulfill the decision on administrative punishment, the public security organ that makes the aforesaid decision may take the following measures: (1) To enforce the decision in accordance with the law; (2) If a fine is overdue, a penalty at the rate of 3 % of the amount of the fine due for each day of overdue payment shall be imposed on the punishee unless law provides otherwise; (3) To auction, under the law, the property detained for offsetting the fine; (4) If it isn't provided by law that the decision shall be enforced by the public security organ, an application for compulsory enforcement shall be filed to the people's court. Article 162. After a public security organ makes a decision on a fine, the punishee shall pay the fine through the designated bank within 15 days from the day when he receives the decision on administrative punishment. The fines may be paid to the public security organs and the case handlers on the spot under any of the following circumstances: (1) A fine of not more than 20 yuan imposed on the spot; (2) A fine of more than 20 yuan (not including 20 yuan) but not more than 50 yuan imposed on an individual on the spot, or a fine of not more than 1,000 yuan imposed on an entity on the spot, which is difficult to be enforced if it isn't paid on the spot; or (3) The punishee claims that it is indeed inconvenient for him to pay the fine through the designated bank because he is on water, or on a passenger train, or in a remote area. The above-mentioned three circumstances shall be noted down in the punishment decision and shall be confirmed with the signature of the case handlers. Article 163. When collecting a fine on the spot, the public security organ and the case handler shall offer a receipt uniformly formulated by the finance department of the provincial level or state level, otherwise the punishee shall be entitled to refuse to pay the fine. Article 164. Within 2 days from the day when a fine is paid, the case handler shall turn it over to the public security organ where he holds a position; for a fine paid on water, it shall be turned over within 2 days from the day when he disembarks; for fine paid on a passenger train, it shall be turned over within 2 days from the day when he returns. Within 2 days from the day when a fine is turned over to the public security organ by a case handler, the public security organ shall deposit it in the designated bank. Article 165. Where any punishee has to postpone the payment of a fine or pay it by installment due to actual economic difficulties, upon the application of the punishee and the approval of public security organ that makes the decision on administrative punishment, the time limit for the payment may be extended, or the fine may be paid by installment. Under Article 38 of the Measures for the Control of Chinese Citizens Traveling to or from Taiwan Region, a Taiwan resident who overstays in the Mainland illegally shall be imposed a penalty of 100 yuan per day. If the punishee is really incapable of paying it, the decision-making organ may reduce the amount reasonably after the decision has been announced. The reduction amount shall be specified in the punishment decision. Article 166. Where a public security organ decides to suspend or cancel a permit or license, it shall take over the permit or license after it has affixed a seal of cancellation on it. If the punishee refuses to hand it in for cancellation, the public security organ may cancel it by means of public announcement. If the organ that cancels the permit or license isn't the issuing organ, the decision-making organ shall notify the issuing organ in time after the punishment decision takes effect. Article 167. A person who is imposed on administrative detention shall be sent to the detention house by the public security organ that makes the decision. If he resists the detention, restraint police weapons may be used. Article 168. If the person who is subject to administrative detention or any of his relatives raises a guarantor or pays the bailment in accordance with the relevant provisions, in the administrative reconsideration process and administrative lawsuit process, the execution of the original decision on administrative detention may be suspended temporarily. The guarantor rule and bailment rule shall not be applied concurrently. Article 169. The guaranteed person shall appear when summoned, and shall not evade, resist or impede the enforcement of punishment. He may not interfere with the witness in the administrative reconsideration process and the administrative lawsuit process, and may not forge evidence. Article 170. A guarantor shall: (1) have nothing to do with the case in question; (2) enjoy political rights and his personal freedom isn't limited or deprived under law; (3) be a local permanent resident or has a domicile in the locality; and (4) be capable of performing the guaranty obligations. Article 171. Where a guarantor is deemed as meeting the above-mentioned requirements by the public security organ upon examination, he shall issue a letter of guarantee and take back the guaranteed person from the public security organ. Article 172. A guarantor shall ensure that the guaranteed person does not impede or evade summons, reconsideration, trial and enforcement of the public security organ, administrative reconsideration organ or the people's court. Where a guarantor fails to perform his guarantee obligations, the public security organ may impose a penalty of not more than 1,000 yuan on him and shall revoke the guaranty. Article 173. For a guaranty made by paying a sum of bail, the bail shall be calculated according to the time limit for the administrative detention set forth in the decision. The bail for administrative detention is 50 yuan to 200 yuan per detention day. The bail shall be collected by a bank on behalf of the public security organ. The decision-making organ shall follow the principle of ensuring that the guaranteed person does not evade, resist or impede the enforcement of the punishment, shall comprehensively consider the circumstances of the case in question, the economic status of the guarantor and the local economic development level, and shall collect bails at a reasonable rate. Article 174. Where a person who shall be subject to administrative detention is imposed upon a monetary penalty, the payment for penalty shall not be delayed because of raising a guarantor or paying for the bail. Article 175. When an administrative detention punishment is revoked or starts to be enforced, the public security organ shall return the bail to the payer. Where a person who is decided that he shall be subject to administrative detention violates Article 169 after paying for the bail, the public security organ that decides the administrative detention shall make a decision about confiscating the bail or part of it, and the enforcement of the original administrative detention shall continue. Article 176. Where a party concerned refuses to accept the decision of the public security organ on the confiscation of the bail, he may file an application for administrative reconsideration or raise an administrative action in accordance with the law. Article 177. Except for the goods that shall be destroyed in accordance with the law, the illegal gains and properties confiscated by the public security organs shall be auctioned openly in accordance with the regulations of the state or be dealt with in accordance with the relevant regulations of the state. All the penalties, the confiscated illegal gains, the incomes from auctions of the confiscated illegal properties shall be turned over to the state treasury, which shall not be withheld, divided privately or in any disguised form. CHAPTER XIII HANDLING OF FOREIGN-RELATED ADMINISTRATIVE CASES Article 178. When handling foreign-related administrative cases, the public security organs shall strictly comply with the laws, regulations and rules of our country, safeguard our national sovereignty, adhere to the principle of equality and reciprocity and strictly perform relevant international treaties. In case any domestic law is inconsistent with the obligations committed by our country in accordance with the international treaties, the relevant provisions of the international treaties shall prevail. Article 179. As to the confirmation of the nationality of a foreigner, the nationality specified in the valid certificates at the entry shall prevail; if the nationality is doubtful or unclear, the administrative department for entry and exit shall help to find the truth. Article 180. Where an offender is a foreigner who enjoys diplomatic privileges and immunities, the handling organ of the case shall record down his basic information regarding his identity, certificates and offences, shall keep well the relevant proofs and shall report the relevant information, level by level, to the provincial public security organ as quickly as possible. Where an offender is a foreigner who enjoys diplomatic privileges and immunities, none of the mandatory measures such as personal freedom limitation, seal up and detainment of property may be taken. Article 181. When a public security organ handles a foreign-related administrative case, it shall use the prevailing language and characters of the PRC. Where a foreign party concerned doesn't know the language and characters of our country, the public security organ shall offer interpretation and translation services. In case he knows the language and characters of our country and doesn't need the aforesaid services, he shall issue a written statement. Upon approval of the public security organ, a foreign party concerned may hire a translator or interpreter by himself and pay the corresponding expenses by himself. Article 182. For a foreigner who enters and stays in China and violates the law, if he has an identity card, after his action of unlawful entry and stay has been handled, he may be directly repatriated; if he is of unclear identity, he may be detained for examination. Among those that may be detained for examination, a foreign woman who is pregnant or is breastfeeding baby less than one year old, or a foreigner who is suffering from a serious disease, or a foreigner who shouldn't be detained for examination due to any other circumstance, shall be subject to supervision of dwelling. Upon examination, those who are suspected of having other offences or crimes shall be transferred to the relevant organs; those who have no other offence or crime shall be repatriated after their acts of unlawful entry and stay in China have been dealt with. Article 183. The decision on detaining a foreigner for examination, supervising a foreigner's residence or repatriating a foreigner shall be made by a public security organ at or above the county level. But before a public security organ of the county level makes such a decision, it shall report to the superior public organ for approval. Article 184. The period for detaining a foreigner for examination shall be not more than 1 month. In the event of a serious and complicate administrative case, the period may be extended by 1 month, subject to the approval of the original approval organ. Surveillance of residence of foreigner, in general, shall not be longer than 3 months. In the event of a serious and complicate administrative case, the period may be extended up to 6 months, subject to the approval of the original approval organ. As to an unidentified foreigner who is unable to be repatriated and whose safety is unable to be guaranteed if he is set free, the period for detainment for examination or supervision of dwelling may, upon approval of the provincial public security organ, be extended until his nationality is confirmed and he is repatriated. Article 185. The shortening of a foreigner's stay period in China or the deprival of a foreigner's residence right in China shall be subject to the decision of the public security organ at or above the prefecture level. Article 186. Before a county-level public security organ decides to impose an administrative detention punishment upon a foreigner, it shall report to the superior public organ for approval. Article 187. The decision to deport a foreigner or to order him to exit within a time limit shall be made by the Ministry of Public Security. For an administrative case handled by a public security organ under the provincial level, if it is necessary to deport a foreigner or order him to exit within a time limit, the case shall be reported to the Ministry of Public Security by the provincial public security organ. The decision made by the Ministry of Public Security shall be announced and enforced by the handling organ, which shall simultaneously inform the foreign affairs department of the people's government of the same level. Where a foreigner is imposed upon a fine or administrative detention jointly with deportation or exit within a time limit, the fine or administrative detention shall be ruled and executed by the handling organ, the deportation or exit within a time limit shall be dealt with according to the preceding two paragraphs. Article 188. Where a foreigner is subject to a penalty or administrative detention and an order of exit within a time limit or deportation, he shall exit or be deported after he has paid the penalty or after the enforcement of administrative detention has been completed. Article 189. As to a foreigner who is ordered to exit within a time limit, or whose period for stay in China is shortened, or who is deprived of the right to reside in China, if he doesn't exit voluntarily within the specified time limit, he may be repatriated by the public security organ. Article 190. If foreigner is incapable of paying a penalty and thus he shall be subject to administrative detention in accordance with the law, the penalty shall not be further enforced. The request of a foreigner for changing administrative detention to penalty shall be dismissed. Article 191. When handling foreign-related administrative cases, the public security organs shall strictly comply with the regulations of the state on handling foreign-related cases, and strictly implement the rules about reporting for instructions, circulating notices internally, and issuing notices to the outside. Article 192. Where it is decided that a foreigner is subject to administrative detention, detention for examination, or supervision of dwelling, the decision-making organ or the approving organ shall report the case to the provincial public security organ within 48 hours; the provincial public security organ shall inform the embassy or consulate of the foreigner's country to China of his (her) name, sex and entry date, number of passport or other identity certification, the time, place and other relevant information of the case, the main facts of the offence, the measures that have already been taken and the legal basis, of which the foreign affairs department of the people's government of the same level shall be notified simultaneously. Where the party concerned requests the public organ not to inform the embassy or consulate, it shall be permitted, provided that he files a written application by himself. Where a foreigner dies during the period of administrative detention, detainment for examination, supervision of dwelling, or any other form of limitation to his personal freedom, the relevant public security organ of the provincial level shall notify the embassy or consulate of his (her) country of the relevant information, report to the Ministry of Public Security, and inform the foreign affairs department of the people's government of the same level. Article 193. Where a foreigner is subject to administrative detention, detainment for examination, supervision of dwelling, or any other form of limitation to his personal freedom, during the period of which any diplomatic official or consular official of the his country in China request to visit him, the decision-making organ shall arrange the relevant affairs in time. If the foreigner refuses such visit, the public security organ may refrain from making arrangements, but the foreigner himself shall issue a written statement. Article 194. When handling foreign-related administrative cases, the public organs shall apply the relevant provisions in other chapters to the matters not provided in this Chapter. Article 195. The provisions of this Chapter shall be applicable to the handling of the administrative cases involving offences of stateless persons. CHAPTER XIV TERMINATION OF CASES Article 196. An administrative case shall be put to an end under any of the following circumstances: (1) It is decided that no administrative punishment shall be given to the offender because the circumstance is minor and the harm isn't serious; (2) Where mediation procedures are applied to the case in question and the mediation has ended; (3) It was decided to give the offender an administrative punishment and the administrative punishment has been completely enforced; or (4) The offence is suspected of constituting a crime, thus the case shall be handled as a criminal one. Article 197. If, upon investigation, an administrative case is found to be in any of the following circumstances, the investigation shall be terminated, subject to the approval of the principal of the case handling department of the public security organ: (1) There is no illegal fact; (2) The prescribed time limit for litigation has expired; or (3) The suspected offender is dead. When the public security organ terminates the investigation, the mandatory administrative measures that have already taken against the suspected offender shall be lifted immediately. Article 198. The documentary materials formulated in the process of handling administrative cases by public security organs shall be put into dossiers, and, according to relevant provisions, shall, after the case is concluded or the investigation of the case is terminated, be transferred to the archival departments for keeping or shall be kept by themselves. Article 199. The dossiers of an administrative case shall mainly include the following: (1) Acceptance registration form; (2) Subpoena; (3) Evidential materials; (4) Documents of ruling; and (5) Other documents created in the process of handling the case; Article 200. The legal documents of an administrative case and the materials on which the determination of the case is based shall be complete and may not be destroyed and forged. CHAPTER XV SUPPLEMENTARY PROVISIONS Article 201. The format of the legal documents prescribed in the present Provisions shall be uniformly formulated by the Ministry of Public Security. Article 202. The term "the case handling department" mentioned in the present Provisions refers to a police substation or a case handling entity of the same level of the police substation. Article 203. The terms "not less than" and "not more than" mentioned in the present Provisions include the numbers themselves that follow unless it is otherwise provided. Article 204. When applying the present Provisions to the handling of an administrative case, the operational section of public security organ with the status of an independent enforcer authorized by any law, regulation or rule may proceed in its own name. If it hasn't been granted such power by any law, regulation or rule, whatever its name is, it may not enforce the law in its own name. Article 205. The present Provisions shall be implemented as of January 1, 2004. In case any of the provisions on the handling of administrative cases is inconsistent with the present Provisions, the latter shall prevail. |
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