1998.08.01
SHANGHAI MUNICIPALITY
INTERIM　PROVISIONS　OF　SHANGHAI　MUNICIPALITY　ON　THE　 COMPREHENSIVE
ADMINISTRATION OF LUJIAZUI FINANCE AND TRADE CENTER ZONE
(Promulgated　by　Decree　No.　58 of　the　Shanghai　Municipal　People's
Government on July 1, 1998)
Article 1 (Purpose and Basis)
With a view to strengthening the comprehensive administration of　public
security,　 traffic,　road　facilities,　 afforestation,　 environmental
protection,　 environmental　sanitation,　construction　planning,　 city
appearance,　illumination, and orderly performance of construction　work
in　Lujiazui　Finance and Trade Center Zone in the　Municipality,　these
Provisions　are　formulated　in accordance with the　relevant　laws　and
regulations.
Article 2 (Extent of the Center Zone)
Lujiazui　Finance and Trade Center Zone (hereinafter referred to as　the
Center　Zone) mentioned in the present Provisions refers to　the　public
area starting from Tai Dong Road, Ji Mo Road and Pudong Road (S) in　the
east to the bank of Huangpu River in the west; from Dong Chang Road　 in
the south to the bank of Huangpu River in the north.
Details　of　delimiting and readjusting the extent of　the　Center　Zone
shall be determined by the Administrative Committee of Pudong New Area.
Article 3 (Subjects of Application)
All units and individual persons entering the Center Zone (including the
units　inside　the Center Zone and their staff;　the　same　hereinafter)
shall abide by these Provisions.
Article 4 (Administrative Organ and Law Enforcement Organization)
The　 Urban　 Administrative　Committee　Office　of　the　 Center　 Zone
(hereinafter referred to as the Center Zone Administration Office) is in
charge　of　the　administration　of　daily　routine　and　the　 relevant
organizing and coordinating work of the Center Zone.
A　supervisory team set up under the Center Zone　Administration　Office
(hereinafter　referred to as the Center Zone Supervisory Team) shall　be
in　charge　of the daily patrol and inspection of the Center　Zone,　and
shall be empowered by the relevant administrative departments of　Pudong
New　Area　to impose punishment upon relevant wrongful acts　within　the
Center　Zone. It shall have the power to prevent any wrongful acts　that
are　beyond　the　empowered limit of　punishment,　and　shall　 promptly
transfer　 the　 wrongdoing　 (or　the　wrongdoer)　 to　 the　 relevant
administrative department to deal with according to law.
The　public　security　organ　set　up　in　the　Center　Zone　shall　 be
specifically　in　charge of the administration of　public　security　and
traffic in the Center Zone.
All the relevant administrative departments of Pudong New Area shall, in
accordance　 with　 their　respective　duties,　perform　 the　 relevant
administration　work　of　the Center　Zone,　and　exercise　professional
guidance　and　supervision　over the Center　Zone　Supervisory　Team　in
punishment-related matters empowered by them.
Article 5 (Administration of Public Order)
All　units　and　individual　persons　entering　the　Center　Zone　shall
conscientiously maintain the social order and public security.
For　any　act disturbing public order, or hampering public　security　or
order　of social administration, the public security organ shall　impose
punishment　according to the relevant provisions of the　Regulations　of
the　People's　Republic of China on Public Security　Administration　and
Imposition　 of　 Punishment　and　the　Regulations　of　 the　 Shanghai
Municipality on the People's Police Patrol and Inspection.
Article 6 (Administration of Road Traffic)
All　vehicles　and　pedestrians entering the　Center　Zone　shall　abide
conscientiously　by the road traffic regulations, maintain　the　traffic
order, and keep roads clear of obstructions.
For　any act violating the regulations on road　traffic　administration,
the　public　security　organ shall impose punishment　according　to　the
Regulations　of the People's Republic of China on Road　Traffic　Control
and other relevant rules and regulations.
Article 7 (Administration of Road Facilities)
Any　units　and　individual　persons　entering　the　Center　Zone　shall
conscientiously　 maintain　in　good　condition　the　roads　 (including
pedestrian passageways and underpasses; the same hereinafter) and　other
auxiliary facilities.
For any of the following wrongful acts, the administrative department of
municipal　engineering of Pudong New Area shall empower the Center　Zone
Supervisory　Team to impose punishment according to the　Regulations　of
Shanghai Municipality on Urban Road and Bridge Administration and　other
relevant rules and regulations:
(1) Occupying or digging up a road without authorization;
(2) Stacking up things on a road;
(3)　Stealing, removing, destroying the inspection well lid, road　sign,
road division device and other road auxiliary facilities;
(4) Other acts of damaging or misappropriating road facilities.
Article 8 (Afforestation Administration)
All　units　and individual persons entering the Center Zone　shall　take
good　 care　of　the　afforestation　and　conscientiously　protect　 all
afforestation installations.
For any of the following wrongful acts, the administrative department of
public　parks　of　Pudong　New　Area　shall　empower　the　Center　 Zone
Supervisory　Team to impose punishment according to the　Regulations　of
Shanghai　Municipality　on　the Administration　of　Tree　Planting,　and
Afforesting and Greening, and other relevant rules and regulations:
(1)　Unscrupulously occupying the green lungs, dismantling, damaging　or
destroying the afforestation installations;
(2)　Stacking　up　odds and ends by the trees and on　the　green　lungs,
digging　up a hole for drawing earth from it, or dumping garbage,　toxic
and noxious waste residue or waste water;
(3)　Unscrupulously　plucking　flowers, damaging trees　by　snapping　or
carving, or setting up sheds by using trees as pillars;
(4) Treading on lawns or on flower beds;
(5) Other conducts destroying the greening or its facilities.
Article 9 (Administration of Environmental Protection)
All units and individual persons entering the Center Zone shall　prevent
environmental　pollution　and conscientiously protect　the　ecological
environment.
For any of the following wrongful acts, the administrative department of
environmental　protection　of Pudong New Area shall empower　the　Center
Zone Supervisory Team to impose punishment according to the　Regulations
of Shanghai Municipality on Environmental Protection and other　relevant
laws, rules and regulations:
(1) Burning substances that give off toxic and noxious fume or dust　and
foul odor;
(2) Producing a large amount of dust and airborne dust in the process of
constructing, transporting, loading and unloading;
(3) Causing noise that disturbs the surroundings;
(4) Violating the relevant provisions by installing air conditioners and
cooling facilities that affect the environment;
(5) Other acts that cause environmental pollution.
Article 10 (Administration of Environmental Sanitation)
All　units　and　individual　persons　entering　the　Center　Zone　shall
conscientiously maintain environmental sanitation so as to keep it clean
and tidy.
For any of the following wrongful acts, the administrative department of
environmental　sanitation　of Pudong New Area shall empower　the　Center
Zone Supervisory Team to impose punishment according to the　Regulations
of　 Shanghai　Municipality　on　the　Administration　of　 Environmental
Sanitation and other relevant rules and regulations:
(1)　Spitting,　urinating,　defecating, littering or　dumping　trash　at
random;
(2)　Unscrupulously　dumping building refuse, construction　residue　and
dust;
(3)　Cargo falling off, dusting in the air, or leaking out　from　loaded
vehicles;
(4) Failing to keep clean the appearance of motor-driven vehicles;
(5)　Dismantling,　removing,　occupying　or　destroying　facilities　for
environmental sanitation without authorization;
(6) Other acts destroying the environmental sanitation.
Article 11 (Administration of Construction Planning)
All units and individual persons entering the Center Zone should　submit
to　 the　planning　administration,　and　ensure　that　their　 relevant
constructions conform with the planning of the Center Zone.
For　any　of the following wrongful acts, the　planning　 administrative
department of Pudong New Area shall empower the Center Zone　Supervisory
Team　to　impose　punishment according to the　Regulations　of　Shanghai
Municipality on Urban Planning and other relevant rules and regulations:
(1) Constructing buildings and structures without authorization;
(2) Installing outdoor advertising facilities without authorization.
Article 12 (Administration of City Appearance)
All　units　and　individual　persons　entering　the　Center　Zone　shall
conscientiously preserve its good appearance and harmonious environment.
For any of the following wrongful acts, the administrative department in
charge　of city appearance of Pudong New Area shall empower　the　Center
Zone Supervisory Team to impose punishment according to the　Regulations
on　the Administration of City Appearance and　Environmental　Sanitation
and other relevant rules and regulations:
(1)　Posting　bills,　scribbling,　carving　or　drawing　on　 buildings,
structures, sculptures or other public installations;
(2) Suspending, hanging, airing, or sunning things;
(3)　Failing to keep clean and in good condition the exterior　walls　of
buildings and houses, outdoor advertising facilities, neon lights,　lamp
houses, billboards, indicator placards, sunshade awnings and the like;
(4) Other acts that impair the viewing of city appearance.
Article 13 (Illumination Administration)
The sight-seeing illumination facilities and the construction project in
the Center Zone shall be designed, constructed and put into operation at
the　same　time.　The administrative department　of　construction　shall
solicit　from the Center Zone Administration Office opinions　about　the
designing　plan　of　the sight-seeing illumination　facilities　when　it
begins　to　examine and approve the designing plan of　the　construction
project.
The　 sight-seeing　 illumination　facilities　and　 the　 by-the-window
illumination lights in the buildings and houses in the Center Zone shall
be turned on within the fixed time at night. The units and the owner　or
user　of　the　buildings　and　houses　with　sight-seeing　 illumination
facilities shall ensure that these illumination facilities shall be kept
in good condition and be put into regular operation.
For　a　violation　of　Section 2 of　this　Article,　the　administrative
department　of　city　appearance of Pudong New Area　shall　empower　the
Center Zone Supervisory Team to order the violator to make rectification
within　a　certain time, and the Center Zone Supervisory Team　may　also
impose a fine of not more than 1,000 yuan.
Article 14 (Administration of Orderly Performance of Construction Work)
The　construction unit and the working unit of construction projects　in
the　 Center　 Zone　shall　perform　the　construction　 work　 orderly.
Standardized　 enclosing　walls　and　railings,　conspicuous　 indicator
placards　for construction and signs for safety warning shall be　placed
around　the construction site, and effective measures shall be taken　to
prevent　the construction work from affecting traffic,　city　appearance
and environment.
For a violation of the above provision, the administrative department of
construction　of　Pudong New Area or other　relevant　departments　shall
empower the Center Zone Supervisory Team to impose punishment　according
to the Interim Provisions of Shanghai Municipality on the Administration
of Orderly Performance of Construction Projects and other relevant rules
and regulations.
Article 15 (Special Provision for Prohibited Activities)
The following activities shall be prohibited within the Center Zone:
(1) Setting up stalls for business, peddling goods or performing profit-
making variety shows;
(2) Lying down or sleeping anywhere in the open;
(3) Begging or trashpicking.
For　a violation of Item (1) of the above provision, the　administrative
department of industry and commerce of Pudong New Area shall empower the
Center　Zone　Supervisory　Team to impose punishment　according　to　the
Interim　 Provisions　of　Shanghai　Municipality　on　the　Ban　 against
Licenseless Business and Illegal Trade Fair and other relevant rules and
regulations;　for　a　violation of Items (2) or　(3),　the　Center　Zone
Supervisory Team shall dissuade or prohibit the violator from so　doing,
or order the violator to make rectification.
Article 16 (Special Provision for Public Activities)
The　following public activities to be held in the Center Zone shall　be
performed　under　the　permission from the　Center　Zone　Administration
Office:
(1) Organizing exhibitions, consulting services, recreational or　sports
activities;
(2) Hanging or posting publicity materials such as slogans and banners;
(3) Installing facilities for public services;
(4) Other activities that affect the administration order of the　Center
Zone.
For a violation of the above provision, the Center Zone Supervisory Team
shall　dissuade　and prohibit the violator from so doing, or　order　the
violator　to make rectification; if the case is serious, the Team　shall
promptly transfer the case to the relevant administrative department　to
deal with according to law.
Article 17 (Proceedings for Punishment)
If　the Center Zone Supervisory Team imposes a disciplinary sanction　in
the　name of an empowering administration department, it shall issue　to
the party concerned a written decision of administrative punishment; for
the　collection　of a fine or confiscation of money, a　uniform　receipt
officially　printed　by the municipal finance department shall　be　made
out.
The　fine or the confiscated money collected shall all be turned　in　to
the State Treasury according to the provisions.
Article 18 (Reconsideration and Litigation)
If　the party concerned finds unacceptable any　specific　administrative
action　 of　the　Center　Zone　Supervisory　Team,　it　may　apply　 for
administrative reconsideration or file an administrative suit　according
to　the provisions of the Regulations on Administrative　Reconsideration
and the Administrative Litigation Law of the People's Republic of China.
Article　19　(Organ　for Interpreting the　Application　of　the　Present
Provisions)
The　Administrative　Committee　of Pudong New　Area　may　interpret　the
present Provisions in its specific application.
Article 20 (Date of Implementation)
These Provisions shall become effective on August 1, 1998.