¡¡¡¡(Promulgated by Decree No. 356 of the State Council of the
People's Republic of China on July 27, 2002, and effective as of the date of
promulgation)
¡¡¡¡Article 1¡¡These Regulations are formulated in accordance
with the Law of the People's Republic of China on Control of Guns (hereinafter
referred to as the Law on Control of Guns) and by reference to the Regulations
of the People's Republic of China on Use of Police Implements and Arms by the
People's Police for the purposes of strengthening the control of guns used for
discharging official duties of guards and escorts and ensuring the correct use
of guns by full-time guards and escorts.
¡¡¡¡Article 2¡¡The full-time guards and escorts referred to in
these Regulations mean the full-time guards and escorts who are lawfully
equipped with guns used for discharging official duties in the systems of
military industry, financial industry, important State's warehouses, large water
conservancy projects, large electric power projects, large communications
projects and confidential liaison, and the full-time guards and escorts in
security service companies which provide armed guard and escort services upon
approval by the public security organs of the people's governments of the
provinces, autonomous regions and municipalities directly under the Central
Government.
¡¡¡¡Article 3¡¡A full-time guard or escort equipped with a gun
for discharging official duties shall meet the following requirements:
¡¡¡¡(1) Chinese citizen having reached the age of 20, sound in mind and body,
and well-behaved;
¡¡¡¡(2) having no medical records of suffering from such diseases as mental
disorder which make him unable to control his own conduct;
¡¡¡¡(3) having no records of administrative detention, sheltering and
education, giving up drug-taking compulsorily, sheltering and reeducation,
reeducation through labour and criminal penalties;£¨enforced abstention from
drug/ detoxification£©
¡¡¡¡(4) having received professional training and being familiar with the
provisions of the laws, regulations and rules concerning the use and control of
guns;
¡¡¡¡(5) having acquired proficiency in the use and maintenance of guns.
¡¡¡¡Full-time guards and escorts equipped with guns used for discharging
official duties shall, in strict accordance with the requirements set forth in
the preceding paragraph, be examined by the units to which they belong and then
be reported to the public security organs of the people's governments of the
cities divided into districts where these units are located for examination and
verification; those qualified in the examination and verification shall be
reported to the public security organs of the people's governments of the
provinces, autonomous regions and municipalities directly under the Central
Government for examination and approval in accordance with the provisions of the
Law on Control of Guns, and gun-holding certificates shall be issued by the
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government.
¡¡¡¡Article 4¡¡Only when performing the task of guard or
escort, may full-time guards and escorts carry and use guns in accordance with
the provisions of these Regulations.
¡¡¡¡Carrying and using of guns according to law by full-time guards and escorts
are protected by law; those who carry and use guns in violation of law shall
bear legal liabilities according to law.
¡¡¡¡Article 5¡¡When performing the task of guard or escort,
full-time guards and escorts may not use guns if other means can be employed to
protect the guarded objectives or escorted goods; where it is necessary indeed
to use guns, the protection of guarded objectives or escorted goods against any
encroachment shall be taken as the end, and casualties and property losses shall
be avoided or reduced to the extent possible.
¡¡¡¡Article 6¡¡When performing the task of guard or escort,
full-time guards and escorts may use guns under any of the following emergencies
where violent criminal acts cannot be prevented without using guns:
¡¡¡¡(1) guarded objectives or escorted goods are being assaulted by violence or
are in imminent danger of being assaulted by violence;
¡¡¡¡(2) full-time guards and escorts are being assaulted by violence and their
lives are in danger, or the guns and ammunition they carry are being seized or
robbed.
¡¡¡¡Article 7¡¡Full-time guards and escorts shall not use guns
at a place stored with a large number of combustibles, explosives, deadly
poisons, radioactive goods or other hazardous goods, unless no use of guns to
prevent a criminal act might lead to serious dangerous consequences.
¡¡¡¡Article 8¡¡Full-time guards and escorts shall immediately
stop using guns under any of the following circumstances:
¡¡¡¡(1) the actor in question has stopped committing the violent criminal act;
¡¡¡¡(2) the actor in question has lost the ability to continue committing the
violent criminal act.
¡¡¡¡Article 9¡¡A full-time guard or escort shall, upon any use
of gun, forthwith make a report thereon to the unit to which he belongs and to
the public security organ in the place where the crime is committed; that unit
and public security organ shall, upon receipt of the report, forthwith send
staff to the scene.
¡¡¡¡The unit to which the full-time guard or escort belongs shall, after
receiving the report of the use of guns by the full-time guard or escort,
forthwith report the issue to the public security organ in the place where it is
located, and submit a written report to that public security organ on the use of
guns afterwards.
¡¡¡¡Article 10¡¡A unit lawfully equipped with guns used for
discharging the official duties of guards and escorts shall establish and
improve the responsibility system of gun-holder administration, the system of
storing and taking out guns and ammunition and the safety responsibility system
of guns; the unit shall strengthen legal and safety education of the gun-holders
approved in accordance with the provisions of Article 3 of these Regulations,
organize regular training of them, and often inspect the storage and use of
guns.
¡¡¡¡Article 11¡¡A unit lawfully equipped with guns used for
discharging the official duties of guards and escorts shall set up special gun
storage warehouses (rooms) or use special safes, and conduct a concentrated and
unified preservation for guns and ammunition equipped. Guns and ammunition shall
be deposited separately, attended to by double persons with double locks, and
kept watch and ward within twenty-four hours. The warehouses (rooms) for
depositing guns and ammunition shall have solid doors and windows and be
installed with burglar alarm facilities.
¡¡¡¡Article 12¡¡When performing any task with guns and
ammunition, full-time guards or escorts shall properly keep the guns and
ammunition, take strict precautions against loss, theft, seizure and other
accidents, and forthwith return the guns and ammunition upon completion of the
task.
¡¡¡¡It is prohibited to carry guns and ammunition while not performing the task
of guard or escort and it is also prohibited to drink liquor while carrying guns
and ammunition or to carry guns and ammunition after drinking liquor.
¡¡¡¡Article 13¡¡Public security organs shall regularly inspect
and supervise the situations of establishing and implementing the rules on
control of guns by the units under their jurisdiction which are lawfully
equipped with guns used for discharging the official duties of guards and
escorts.
¡¡¡¡Article 14¡¡Where a full-time guard or escort comes under
any of the following circumstances, his unit shall stop him from performing the
task of armed guard or escort, take back his gun-holding certificate, and turn
over such certificate to the public security organ promptly:
¡¡¡¡(1) he is to be transferred from the post of a full-time guard or escort;
¡¡¡¡(2) he fails to pass the examination on theory and firing practice;
¡¡¡¡(3) he is under investigation because of being involved in criminal cases
or other law-breaking or discipline-breaking cases;
¡¡¡¡(4) he refits the gun or changes the parts of the gun without
authorization;
¡¡¡¡(5) he carries or uses the gun in violation of provisions, or gives the gun
to other people thus losing control over the gun;
¡¡¡¡(6) he loses the gun or is responsible for the accident in which the gun is
stolen or seized.
¡¡¡¡Where a full-time guard or escort commits any act specified in item (4),
(5) or (6) of the preceding paragraph, thereby causing serious consequences, he
shall be investigated for criminal liability in accordance with the provisions
of the criminal law on the crime of illegally possessing or hiding guns or
ammunition, the crime of illegally carrying guns and ammunition to endanger
public security, the crime of illegally leasing or lending out guns or the crime
of failing to report the loss of guns; if the case is not serious enough for
criminal penalty, he shall be given administrative punishment in accordance with
the provisions of the Law on Control of Guns.
¡¡¡¡Article 15¡¡Where a unit lawfully equipped with guns used
for discharging the official duties of guards and escorts violates the
provisions on control of guns, the persons directly in charge and other persons
directly responsible for the violation shall, under any of the following
circumstances, be given such administrative sanctions as the recording of a
major demerit, demotion or dismissal from office, or given appropriate
disciplinary sanctions according to law; where serious consequences are caused,
they shall be investigated for criminal liability in accordance with the
provisions of the criminal law on the crime of neglect of duties, the crime of
power abuse, the crime of failing to report the loss of guns or other crimes:
¡¡¡¡(1) it fails to establish or effectively implement the responsibility
system of gun-holder administration;
¡¡¡¡(2) it reports full-time guards or escorts who do not meet statutory
requirements to public security organs for approval or allows persons without
gun-holding certificate;
¡¡¡¡(3) it fails to make a report to the public security organ after using
guns;
¡¡¡¡(4) it fails to establish or effectively implement the systems for the
control of guns and ammunition, thereby the guns and ammunition are stolen,
seized or lost;
¡¡¡¡(5) it fails to make a prompt report to the public security organ where the
guns and ammunition are stolen, seized or lost;
¡¡¡¡(6) it fails to examine and inspect the guns in accordance with the
provisions;
¡¡¡¡(7) it fails to turn in scrapped guns;
¡¡¡¡(8) it is involved in other law-breaking or discipline-breaking cases
relating to guns.
¡¡¡¡Article 16¡¡Where full-time guards and escorts use guns in
accordance with the provisions of these Regulations and cause casualties of
innocents or property losses, the units to which they belong shall compensate
the losses suffered by the victims according to law.
¡¡¡¡Where full-time guards and escorts use guns in violation of the provisions
of these Regulations and cause casualties or property losses, they shall be
liable for compensation in accordance with the law in addition to the criminal
or administrative punishments therefor according to law.
¡¡¡¡Article 17¡¡Where a public security organ commits any of
the following acts and causes serious consequences, the persons directly in
charges and other persons directly responsible for the violation shall be
investigated for criminal liability in accordance with the provisions of the
criminal law on the crime of power abuse or the crime of neglect of duty; if the
case is not serious enough for criminal penalty, they shall be given such
administrative sanctions as the recording of a major demerit, demotion or
dismissal from office according to law:
¡¡¡¡(1) it approves relevant units to be equipped with guns used for
discharging official duties of guards and escorts beyond the statutory scope;
¡¡¡¡(2) it issues gun-holding certificates used for discharging official duties
of guards and escorts to those who do not meet statutory requirements;
¡¡¡¡(3) it fails to perform the duty of supervision and administration provided
for by these Regulations, and thereby causes consequences.
¡¡¡¡Article 18¡¡These Regulations shall be effective as of the
date of promulgation.