Decision of the People’s Government of Hubei Province on Modifying Provisions of Hubei Province on Administration of the Public Security and Its Technical Protection

The people’s government of people’s government decides to modify Provisions of Hubei Province on Administration of the Public Security and Its Technical Protection as follows:

1. The second paragraph of Article 2 is modified as: “ The technical protection facility for public security in these Provisions refers to the safety protection system which locates in the dangerous and critical sites and sections for the purpose of preventing the robbery, burglary and destruction, therefore reducing the occurrence of the public security accidents and in which the modern science and technology is comprehensively employed and the products for the public security and its technical protection are applied.”

2. Two subparagraphs are added in Article 6 as the subparagraph 7 and 8 :

“7). The entrances and major passages of the entertainment and recreation places;

8). The entrances, major passages and other public places of the urban residential area;

The original seventh subparagraph is changed to be the new ninth subparagraph.

3. “The department of city planning and construction design” in Article 9 is modified as: “the competent administrative department of city planning and construction”.

4. Article 10 is modified as: “Units that engage in design, construction and maintenance of the technical protection facilities for public security shall go to the provincial administration institution of the technical protection for public security in the public security organ, handling the procedures for record and registration within thirty days as of the date of obtaining the business license for industry and commerce.”

5. The original Article 11 is deleted.

6. The original Article 12 is deleted.

7. The original Article 13 is modified as the new Article 11: “The technical protection facilities for public security of the critical sections and the significant confidential units shall be designed, constructed and maintained by the unit which meets the secrecy requirements.”

8. The original Article 14 is modified as the new Article 12: “Regarding the construction project that shall be conducted with the design of technical protection for public security in accordance with stipulations, the design unit shall make design in line with the standard and the construction unit shall submit the design drawing, the relevant data and the construction plan to the public security organ for check and approval. It is forbidden for the construction unit to take action without being checked and approved or being proved as unqualified.”

9. The original Article 15 is modified as the new Article 13: “The manufacture and distribution of the technical protection products for public security shall be submitted to the provincial public security organ for check and approval in accordance with the relevant stipulations of the State. It is forbidden to employ the technical protection products in the technical protection facilities for public security, which are manifestly declared by the State as outdated or unqualified. It is forbidden to manufacture and distribute the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements. It is forbidden to install or employ the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements.” 

10. The original Article 16 is modified as the new Article 14: “The completion of the technical protection facility for public security shall experience the procedures for check and acceptance by the public security organ above county level (including the city at county level, the district of the city under the direct jurisdiction of the Province, hereafter referred to the same). The examination and scrutiny shall be conducted by the legal inspection institution authorized by the public security ministry before the check and acceptance. It is forbidden to put the technical protection facilities for public security into operation without experiencing the procedures for check and acceptance or being proved as unqualified.”

11. The original Article 17 is modified as the new Article 15. The first paragraph is modified as “The examination of the construction plan of the technical protection facilities for public security and their check and acceptance shall be administered in accordance with the amount of the investment. Those with the investment less than one hundred thousand yuan shall be administered by the county public security organ; those with the investment over one hundred thousand yuan but less than five hundred thousand yuan shall be administered by the public security organ of the city under the direct jurisdiction of the Province (including the autonomous prefecture, the municipality directly subordinate to the Province); those with the investment over five hundred thousand yuan shall be administered by the provincial public security organ. The public security organ of Wuhan municipality may be responsible for the plan examination, check and acceptance of the technical protection facility for public security with a investment of less than one million yuan within its own administrative area.”

12. The original Article 22 is deleted.

13. The original Article 23 is deleted.

14. The original Article 24 is modified as the new Article 20: “Anyone that violates these Provisions and has one of the following actions shall be ordered by the public security organ above county level to make correction within a time limit; If the party concerned refuses to make correction and his action is of a business operation activity with the illegal gains, he shall be imposed upon with a fine of over one-fold but less than three-fold of his illegal gains, at most less than thirty thousand yuan; his illegal gains shall be confiscated and a fine of less than ten thousand yuan shall be simultaneously imposed. If his action is not of a business operation activity, a fine of over five hundred yuan but less than one thousand yuan shall be imposed.

1).  Engages in the design, construction and maintenance of the technical protection facility for public security, but does not go to the provincial administration institution of the technical protection for public security in the public security organ, handling the procedures for record and registration; 

2). Privately conducts the construction without submitting the design drawing, the relevant data and the construction plan to the public security organ for check and approval;

3). Employs the technical protection products in the technical protection facilities for public security, which are manifestly declared by the State as outdated or unqualified.

4). Privately manufactures and distributes the products of the technical protection for public security without being approved;

5). Manufactures and distributes the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements.”

15. The original Article 25 is modified as the new Article 21: “Anyone that violates these Provisions and put the unexamined, unchecked and unaccepted or the unqualified technical protection facility for public security into operation shall be ordered by the public security above county level to stop the operation of the facility and make correction within a time limit; if the correction is not made within a time limit, the construction unit shall be imposed upon with a fine of over two thousand yuan but less than twenty thousand yuan; if the circumstance is flagrant and the action constitutes a crime, the criminal responsibility shall be investigated according to law.”

16. The original Article 29 is deleted.

Besides, the words in certain Articles are correspondingly modified. And the sequence of the Articles is adjusted accordingly.  

The Decision shall come into force as of January 1, 2008. Provisions of Hubei Province on Administration of the Public Security and Its Technical Protection are re-promulgated with the modifications in accordance with the Decision.

Decree of the People’s Government of Hubei Province

No. 312

(Promulgated as Decree 171 of the People’s Government of Hubei Province on June 2, 1999 and revised in accordance with Decision on Modifying Provisions of Hubei Province on Administration of the Public Security and Its Technical Protection on November 28, 2007)

Article 1 With a view to safeguarding the public property and the safety of the citizens and their property and enhancing the administration of the public security and its technical protection, these Provisions are formulated in accordance with the relevant laws of the State, rules and regulations.

Article 2 The public security and its technical protection in these Provisions refers to the activity of preventively controlling the dangerous and critical sites and sections by means of employing the modern scientific and technological achievements and their related products and other techniques.

The technical protection facility for public security in these Provisions refers to the safety protection system which locates in the dangerous and critical sites and sections for the purpose of preventing the robbery, burglary and destruction, therefore reducing the occurrence of the public security accidents and in which the modern science and technology is comprehensively employed and the products for the public security and its technical protection are applied.

Article 3 Any unit that engages in the design, construction and other businesses involving the public security and its technical protection and that take the measures for the public security and its technical protection shall observe these Provisions.

Article 4 The public security organ is the competent administrative department of the public security and its technical protection. The administrative departments of the industry and commerce, technological supervision, construction and others shall cooperate with the public security organ in ensuring the public security and its technical protection within their respective scope of duties.

Article 5 The public security and its technical protection shall be effectively combined with the manpower prevention and other protective measures to form the omnidimensional protective network of public security.

Article 6 The following sites and sections shall all be installed with the protection facilities:

1. The places for storage of the national confidential archives and data;

2. The arsenals of weapons and ammunitions;

3. The sites for storage of the dangerous articles of the flammables, explosives, severe toxicities, lethal viruses and bacteria, State-controlled medicines, radioactive substances and others;

4. The sites of the banking institutions concerning their cash vaults, business places, cash- carrying facilities; the sites for printing and storing the securities;

5. The museums, the antique stores, and the sites for displaying and storing the significant cultural relics and treasures; 

6. The sites for manufacturing, processing and distributing the gold, silver and jewelry;

7. The entrances and major passages of the entertainment and recreation places;

8. The entrances, major passages and other public places of the urban residential area;

9. Other critical sections or sites where the public security organ at or above province level deems to take the technical protection measures for public security.

Article 7 All the places as follows shall be installed with the technical protection facilities for public security in accordance with the actual demand and under the guidance of the public security organ: the airports, terminals, wharfs, seaports, malls, luxurious hotels; the significant barns of the industry and traffic, finance and commerce, materials and equipments, and other trades; the sites for storing the expensive commodities and significant means of production; the sections of the units storing the expensive meters and instruments, cash and securities.

Article 8 If there are stipulations prescribing the requirements of risk category in sections or sites installed with the technical protection facilities for public security, the technical protection measures for public security shall satisfy the protection requirements of the corresponding risk category.

The standard of the State shall be satisfied and the advanced technology be adopted as much as possible in the installation and employment of the technical protection facility for public security, in which its maintenance and administration shall be enhanced to ensure its safety, applicability and effectiveness.

Article 9 The competent administrative department of city planning and construction shall bring the technical protection for public security into the specifications of the planning and design. The design of the new building, alteration, and extension within the prescribed scope shall all contain the contents of technical protection for public security, which shall be listed as part of the project budget.

Article 10 Units that engage in design, construction and maintenance of the technical protection facilities for public security shall go to the provincial administration institution of the technical protection for public security in the public security organ, handling the procedures for record and registration within thirty days as of the date of obtaining the business license for industry and commerce.

Article 11 The technical protection facilities for public security of the critical sections and the significant confidential units shall be designed, constructed and maintained by the unit which meets the secrecy requirements.

Article 12 Regarding the construction project that shall be conducted with the design of technical protection for public security in accordance with stipulations, the design unit shall make design in line with the standard and the construction unit shall submit the design drawing, the relevant data and the construction plan to the public security organ for check and approval. It is forbidden for the construction unit to take action without being checked and approved or being proved as unqualified.

Article 13 The manufacture and distribution of the technical protection products for public security shall be submitted to the provincial public security organ for check and approval in accordance with the relevant stipulations of the State. It is forbidden to employ the technical protection products in the technical protection facilities for public security, which are manifestly declared by the State as outdated or unqualified. It is forbidden to manufacture and distribute the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements. It is forbidden to install or employ the the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements. 

Article 14 The completion of the technical protection facility for public security shall experience the procedures for check and acceptance by the public security organ above county level (including the city at county level, the district of the city under the direct jurisdiction of the Province, hereafter referred to the same). The examination and scrutiny shall be conducted by the legal inspection institution authorized by the public security ministry before the check and acceptance. It is forbidden to put the technical protection facilities for public security into operation without experiencing the procedures for check and acceptance or being proved as unqualified.

Article 15 The examination of the construction plan of the technical protection facilities for public security and their check and acceptance shall be administered in accordance with the amount of the investment. Those with the investment less than one hundred thousand yuan shall be administered by the county public security organ; those with the investment over one hundred thousand yuan but less than five hundred thousand yuan shall be administered by the public security organ of the city under the direct jurisdiction of the Province (including the autonomous prefecture, the municipality directly subordinate to the Province); those with the investment over five hundred thousand yuan shall be administered by the provincial public security organ. The public security organ of Wuhan municipality may be responsible for the plan examination, check and acceptance of the technical protection facility for public security with a investment of less than one million yuan within its own administrative area.

The local public security organ shall be responsible for the daily administration of the technical protection for public security.

Article 16 The confidential items in the design, construction and maintenance of the technical protection facility for public security, the employment of the facility, the design drawing and the relevant data shall be strictly kept in secrecy. The press unit shall not publicly report the confidential items involved in the technical protection facility for public security without being approved by the public security organ.

Article 17 The personnel that engage in the design, construction, maintenance and employment of the technical protection facility for public security and its administration staff members shall strictly observe the stipulations for confidentiality. It is forbidden to betray the secrecy. 

The public security organ shall conduct the scrutiny of the personnel that engage in the design, construction, and maintenance of the technical protection facility for public security, store the relevant data in the archives and limit the number of the personnel knowing the secrecy in a prescribed scope.

Article 18 The working staff members of the public security organ shall conduct the supervision and administration strictly in accordance with the stipulations. It is forbidden to abuse powers or practice illegalities for private gains; it is forbidden to participate in the business operation activities involving the technical protection facility for public security and its related products; it is forbidden to arbitrarily appoint a unit of design, construction and maintenance for the project.

Article 19 Where any unit that shall be installed with the technical protection facility for public security violates these Provisions and fails to install the technical protection facility for public security, the party concerned shall be ordered by the public security organ to make the installation within a time limit. Where the failure in installation of the technical protection facility for public security causes damages, the main responsible person shall be imposed upon with an administrative penalty by the competent administrative department; if the action constitutes a crime, the criminal responsibility shall be investigated according to law.

Article 20 Anyone that violates these Provisions and has one of the following actions shall be ordered by the public security organ above county level to make correction within a time limit; If the party concerned refuses to make correction and his action is of a business operation activity with the illegal gains, he shall be imposed upon with a fine of over one-fold but less than three-fold of his illegal gains, at most less than thirty thousand yuan; his illegal gains shall be confiscated and a fine of less than ten thousand yuan shall be simultaneously imposed. If his action is not of a business operation activity, a fine of over five hundred yuan but less than one thousand yuan shall be imposed.

1.  Engages in the design, construction and maintenance of the technical protection facility for public security, but does not go to the provincial administration institution of the technical protection for public security in the public security organ, handling the procedures for record and registration; 

2. Privately conducts the construction without submitting the design drawing, the relevant data and the construction plan to the public security organ for check and approval;

3. Employs the technical protection products in the technical protection facilities for public security, which are manifestly declared by the State as outdated or unqualified.

4. Privately manufactures and distributes the products of the technical protection for public security without being approved;

5. Manufactures and distributes the products of the technical protection for public security, which do not satisfy the technical standard of the State or the obligatory certification requirements.

Article 21 Anyone that violates these Provisions and put the unexamined, unchecked and unaccepted or the unqualified technical protection facility for public security into operation shall be ordered by the public security above county level to stop the operation of the facility and make correction within a time limit; if the correction is not made within a time limit, the construction unit shall be imposed upon with a fine of over two thousand yuan but less than twenty thousand yuan; if the circumstance is flagrant and the action constitutes a crime, the criminal responsibility shall be investigated according to law.

Article 22 Anyone that violates these Provisions leading to the betrayal of the national secret shall be penalized in accordance with the laws, rules and regulations involving the confidentiality preservation; if his action causes economic damages of the user, he shall make the compensation; if his action is flagrant and constitutes a crime, the criminal responsibility shall be investigated according to law. 

Article 23 Anyone that refuses to accept the specific administrative acts performed by the public security organ or the relevant administrative department in implementing these Provisions may apply for the administrative reconsideration or bring it to the people’s court.

Article 24 Where the public security organ and its working staff members violate these Provisions, abuse their powers, practice illegalities for private gains or participate in the business operation activities for profit, the party concerned shall be imposed upon with an administrative penalty by its / his competent administrative department; if the action constitutes a crime, the criminal responsibility shall be investigated according to law.

Article 25 These Provisions shall come into force as of the date of promulgation.