Important Notice: (注意事项)

英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民

共和国涉外法规汇编》(1991年7月版).

当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.

This English document is coming from the "LAWS AND REGULATIONS OF THE

PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)

which is compiled by the Brueau of Legislative Affairs of the State

Council of the People's Republic of China, and is published by the China

Legal System Publishing House.

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

Whole Document (法规全文)

INTERIM MEASURES FOR THE CONTROL OF CHINESE CITIZENS TRAVELLING ON

PRIVATE BUSINESS TO OR FROM THE REGIONS OF HONG KONG OR MACAO

(Approved by the State Council on December 3, 1986 and promulgated

by the Ministry of Public Security on December 25, 1986)

Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the provisions in Article

17 of The Law of the People's Republic of China on the Control of the Exit

and Entry of Citizens.

Article 2

These Measures shall apply to inland citizens who enter or leave, on

private business, the region of Hong Kong (hereinafter referred to as Hong

Kong) or the region of Macao (hereinafter referred to as Macao), and also

to compatriots from Hong Kong and Macao who enter or leave the inland

areas.

Article 3

Inland citizens travelling, on private business, to Hong Kong or Macao

shall leave the country by way of the designated ports, by presenting the

passes to Hong Kong and Macao or the passes to and from Hong Kong and

Macao signed and issued by public security organs of China, when returning

to the inland areas, they may enter through other ports open to the

outside world.

The designated ports are: Shenzhen - for those who are bound for Hong

Kong; Gongbei -for those who are bound for Macao.

Article 4

Compatriots from Hong Kong and Macao travelling between Hong Kong/Macao

and the inland areas shall pass China's ports open to the outside world on

the strength of the Home-Visiting passes for Compatriots from Hong Kong

and Macao, or the Entry-Exit Pass, signed and issued by public security

organs of China.

Chapter II Inland Citizens Travelling to Hong Kong and Macao

Article 5

With respect to inland citizens going on private business to Hong Kong or

Macao to settle down there, the fixed-quota procedures for examination and

approval shall be implemented, in order to facilitate the safeguarding and

maintaining of the economic prosperity and social stability of Hong Kong

and Macao.

Article 6

An inland citizen who wishes to go to Hong Kong or Macao on private

business shall file an application to the entry-exit control department of

the public security bureau of the county or municipality where the

applicant's registered residence is located.

Article 7

Persons who come under one of the following circumstances may apply for

the permission to go and settle down in Hong Kong or Macao;

(1) any spouse of a married couple resides in Hong Kong or Macao, thereby

separating from the other for many years;

(2) a person's parents residing in Hong Kong or Macao are aged and in poor

health, and must be taken care of by their son or daughter from the inland

areas;

(3) helpless old people and children residing in inland areas, who have to

seek support from their lineal relatives or near relatives in Hong Kong or

Macao;

(4) in the event that lineal relatives residing in Hong Kong or Macao have

nobody there to inherit their real estate, their son or daughter in inland

areas may inherit the real estate in question, provided that they must go

and settle down in Hong Kong or Macao;

(5) persons who must go and settle down in Hong Kong or Macao for other

special circumstances.

Article 8

Persons who come under one of the following circumstances may apply for

permission to go to Hong Kong or Macao for short visits:

(1) a person who has near relatives residing in Hong Kong or Macao and has

the necessity to go there to pay a visit to them;

(2) a person's lineal relatives or near relatives are compatriots of

Taiwan and so he/she must go to Hong Kong or Macao to meet them;

(3) in the event that the lineal relatives or brothers and sisters of

returned overseas Chinese, or the lineal relatives of the family members

of overseas Chinese, are unable to return to inland areas to pay a visit

to their relatives, the person concerned must go and meet his/her

relatives in Hong Kong or Macao;

(4) a person who must go to Hong Kong or Macao in order to dispose of

his/her property;

(5) a person who, owing to other special circumstances, must go to Hong

Kong or Macao for a short period of time.

Article 9

Inland citizens, who apply for permission to go to Hong Kong or Macao on

private business, shall answer relevant questions and go through the

following procedures:

(1) to present for examination the residential registration booklet or

other certification of residence registration;

(2) to fill in an application form;

(3) to present the written comments of the applicant's work unit,

concerning the applicant's intention to go to Hong Kong or Macao;

(4) to submit certification relevant to the applicant's reasons for filing

the application.

Article 10

The certifications, as mentioned in Item 4 of Article 9 of these Measures,

refer to:

(1) where a married couple wish to have their reunion, they shall present

certification of their lawful marriage and the certification testifying to

the permanent resident status of his/her spouse in Hong Kong or Macao;

(2) where a person goes to Hong Kong or Macao in order to take care of

his/her parents who are aged and in poor health or helpless old people, or

where children go to Hong Kong or Macao to seek support from their

relatives there, they shall present certification testifying to the

kinship between the applicants and their relatives in Hong Kong or Macao

and also the certification testifying to the permanent resident status of

their relatives in Hong Kong or Macao;

(3) where a person goes to Hong Kong or Macao to inherit or to dispose of

his/her property, he/she shall present certifications testifying to the

status of the said property and also to the lawful right of inheritance;

(4) where a person wishes to pay a visit to his/her relatives residing in

Hong Kong or Macao, he/she shall present letters sent by his/her

relatives; if it is very urgent, he/she shall present a written

explanation or certification relevant to the reason for filing the

application;

(5) where a person wishes to go to Hong Kong or Macao to meet his/her

relatives residing in Taiwan or in a foreign country, he/she shall present

an accurate certification testifying to the date of arrival in Hong Kong

or Macao of his/her relatives.

Article 11

The entry-exit control department of a public security organ, shall, after

receiving an application for going to Hong Kong or Macao, decide within 60

days to approve or disapprove the said application, and notify the

application of the decision.

Article 12

With respect to an inland citizen, whose application for leaving an inland

area and settling down in Hong Kong or Macao has been approved, the entry-

exit control department of the public security organ shall issue to the

applicant a travel pass for going to Hong Kong or Macao. The holder of the

travel pass shall, before leaving for Hong Kong or Macao, go to the local

police station for the cancellation of his/her residence registration, and

then leave for Hong Kong or Macao within the prescribed time. To an

inland citizen, whose application for a temporary stay in Hong Kong or

Macao has been approved, a pass for travelling between the inland areas

and Hong Kong or Macao shall be issued. The holder of the travel pass

shall leave for his/her destination within the prescribed time and return

on schedule.

Article 13

The applications filed for permission to go to Hong Kong or Macao by those

who come under one of the following circumstances shall not be approved:

(1) those who come under the circumstances stipulated in Article 8 of The

Law of the People's Republic of China on the Control of the Exit and Entry

of Citizens;

(2) those who do not come under the circumstances stipulated in Article 7

and Article 8 of these Measures;

(3) those who have fabricated situations and presented forged

certification to cheat the entry-exit control department of public

security organs.

Chapter III Compatriots from Hong Kong and Macao Entering the Inland Areas

Article 14

Compatriots from Hong Kong or Macao who wish to enter the inland areas

shall apply for and obtain the Home-Visiting Certificate for Compatriots

from Hong Kong and Macao. The Home-Visiting Certificates for Compatriots

from Hong Kong and Macao shall be signed and issued by the Public Security

Department of Guangdong Province.

When applying for Home-Visiting Certificate the applicant shall present

his/her residential status identification and fill in an application form.

Compatriots from Hong Kong and Macao, who do not come to visit the inland

areas frequently, may apply for an entry-exit pass. The measures for

obtaining the pass shall be the same as those for obtaining the Home-

Visiting Certificates for Compatriots from Hong Kong and Macao.

Article 15

The Home-Visiting Certificates for Compatriots from Hong Kong and Macao

and entry-exit passes shall not be issued to those who come under one of

the following circumstances:

(1) those who are likely to engage in such criminal activities as robbery,

theft, and trafficking in narcotics;

(2) those who have fabricated situations and presented forged

certifications;

(3) mental patients.

Article 16

Where compatriots from Hong Kong and Macao make a trip to the inland areas

by driving motor vehicles, they shall apply for driving licences in

accordance with the relevant provisions of the People's Government of

Guangdong Province; and the drivers shall also apply to the Entry-Exit

Control Division of the Public Security Department of Guangdong Province

for permits to drive motor vehicles from and back to Hong Kong and Macao.

Article 17

Compatriots from Hong Kong and Macao who come to the inland areas for a

short stay shall, in accordance with the provisions of the administration

of residence registration, go through the procedures for the registration

of temporary stay. Those who are accommodated in such enterprises and

institutions as guest houses, hotels, inns, hostels and schools, or in

state organs, public organizations and other institutions, shall fill in a

registration form for temporary stay; those who stay in the homes of their

relatives shall, within 24 hours (72 hours in the rural areas), go through

the registration procedures for temporary stay themselves, or this may be

done by their relatives or friends on their behalf, with the police

station, or with the office for residence registration in the respective

places of their residences.

Article 18

Where compatriots from Hong Kong or Macao wish to return to the inland

areas and settle down there, they shall file an application, in advance,

to the public security bureau of the municipality or county where the

applicants intend to settle down. After obtaining the approval, they shall

go through the procedures for permanent residence registration with the

police station in the places of their destination by presenting the Home-

Visiting Certificate for Compatriots from Hong Kong and Macao, with a

signed statement testifying to the certificate-holders intention to return

to the inland areas and settle down there.

Chapter IV Entry-Exit Inspection

Article 19

Inland citizens who travel between the inland areas and Hong Kong/Macao,

and compatriots from Hong Kong and Macao who travel between Hong

Kong/Macao and the inland areas, shall present their entry-exit

certificates to the frontier posts at ports that are open to the outside

world or at designated ports, fill in and present the entry-exit

registration cards, and accept inspection.

Article 20

With respect to those who come under one of the following circumstances,

the local frontier posts have the power to forbid them to enter or leave

the country:

(1) those who do not hold documents of certification for travelling

between inland areas and the areas of Hong Kong or Macao, the

Home-Visiting Certificates for Compatriots from Hong Kong and Macao, or

other valid documents of certification;

(2) those who hold or use invalid, forged or altered documents of

certification for travelling between the inland areas and Hong Kong/Macao

or invalid, forged or altered Home-Visiting Certificate for Compatriots

from Hong Kong and Macao; those who illegally use other persons' documents

of certification or Home-Visiting Certificates for Compatriots from Hong

Kong and Macao;

(3) those who refuse to present documents of certification for inspection.

Cases concerning those who come under the circumstances stipulated in Item

2 of the preceding paragraph may also be handled in accordance with the

provisions of Article 26 of these Measures.

Chapter V The Administration of Documents of Certifications

Article 21

The Home-Visiting Certificate for Compatriots from Hong Kong and Macao

shall be kept by the certificate holder, and the period of validity of the

Certificate shall be 10 years; within this period of validity, the

Certificate can be used many times. If the period of validity has run out,

or the attached pages for keeping inspection records have all been used

up, the certificate-holder may apply for a new Certificate in place of the

old one. The case of application for a new Certificate shall be handled

in accordance with the provisions in Article 14 of these Measures.

Article 22

The travel pass for going to Hong Kong or Macao shall be valid for one

trip within the period of validity. The period of validity of the pass for

travelling between the inland areas and Hong Kong/Macao shall be 5 years

and may be extended twice, each extension of the period of validity shall

not exceed 5 years; the travel pass shall be kept and used by the pass-

holder. For every trip the pass-holder is to make to Hong Kong or Macao,

he/she shall go through the application procedures in accordance with the

provisions in Article 6, Article 8 and Article 10 of these Measures; for

each approved application, a single trip endorsement shall be made on the

pass. The public security organ, specially authorized by the Ministry of

Public Security, may make a multiple-journey endorsement on the pass.

Article 23

If a compatriot from Hong Kong or Macao loses his/her Home-Visiting

Certificate for Compatriots from Hong Kong and Macao after he/she has

arrived in the inland areas, he/she shall report the loss to the public

security organs either of a county or municipality, or of the department

of communications and transportation stationed at the place where the said

certificate has been lost. After the public security organ has proved the

case to be true through investigation, it shall issue a certification, and

the entry-exit control department of the public security organ shall sign

and issue an entry-exit pass, which is valid for just one trip, for the

said person to go back to Hong Kong or Macao. With respect to compatriots

from Hong Kong and Macao, no matter where they lose their Home-Visiting

Certificates for Compatriots from Hong Kong and Macao, in Hong Kong/Macao

or in inland areas, they may apply for new Home-Visiting Certificates for

Compatriots from Hong Kong and Macao in accordance with the provisions of

Article 14 of these Measures.

Article 24

If an inland citizen, before leaving for Hong Kong/Macao, loses his/her

travel pass for going to Hong Kong/Macao or the pass for travelling

between the inland areas and Hong Kong/Macao, he/she shall immediately

report the loss to the original pass-issuing department, and publish a

statement in a newspaper announcing the loss; the pass-issuing department

shall, having proved the case to be true through investigation, re-issue a

new travel pass to the person concerned.

Article 25

If a holder of the Home-Visiting Certificate for Compatriots from Hong

Kong and Macao comes under one of the circumstances stipulated in Article

15 of these Measures, his/her travel pass shall be revoked.

Cases concerning the revocation of documents of certification shall be

determined by the original certificate-issuing department or by its higher

authorities, which shall seize the said documents.

Chapter VI Penalties

Article 26

With respect to any person who has held and used an invalid, forged or

altered document or used another person's document such as travel pass for

going to Hong Kong and Macao, pass for travelling between the inland areas

and Hong Kong/Macao, Home-Visiting Certificate for Compatriots from Hong

Kong and Macao, or entry-exit pass, in addition to seizing the document in

question, a warning or a detention for 5 days or less, may be imposed on

the violator, depending on the seriousness of the case.

Article 27

With respect to any person who has forged, altered or transferred to

another person a travel pass for going to Hong Kong/Macao, a pass for

travelling between the inland areas and Hong Kong/Macao, a Home-Visiting

Certificate for Compatriots from Hong Kong and Macao, or an entry-exit

pass, a detention for 10 days or less may be imposed on the offender; if

the case is so serious as to constitute a crime, the offender's criminal

responsibility shall be investigated according to the relevant provisions

of The Criminal Law of the People's Republic of China.

Article 28

With respect to any person who has fabricated situations, provided false

certification, or resorted to bribery in order to obtain a travel pass for

going to Hong Kong/Macao, a pass for travelling between the inland areas

and Hong Kong/Macao, a Home-Visiting Certificate for Compatriots from Hong

Kong and Macao, or an entry-exit pass, if the case is minor, a detention

for 5 days or less shall be imposed on the offender; if the case is so

serious as to constitute a crime, the offender's criminal responsibility

shall be investigated according to the relevant provisions of the Criminal

Law of the People's Republic of China.

Article 29

Where any functionary of a public security organ, while executing these

Measures, by taking advantage of his/her position and powers, has asked

for and accepted bribery, committed other illegal acts or abuse of his/her

office, if the case is not so serious, an administrative sanction may be

imposed on the offender by the competent authority at its discretion; if

the case is so serious as to constitute a crime, the offender's criminal

responsibility shall be investigated according to the provisions of the

Criminal Law of the People's Republic of China.

Chapter VII Supplementary Provisions

Article 30

These Measures shall be implemented and interpreted by the Ministry of

Public Security.

Article 31

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