| By
order of the Beijing Municipal Government
Notification No. 126
"Measures
of Beijing Municipality for the Protection of the
Great Wall", approved by the Eighth Standing Committee of
the Beijing Municipal Government on 22 May, 2003 and now
issued in preparation of required enforcement from 1 August,
2003.
Signed
by City Mayor (Acting) Mr. Wang Qishan on 13, June, 2003
(This English translation
of the original Chinese document is a cooperative project
between International Friends of the Great Wall and Beijing Cultural
Relics Bureau. Text translated by Wu Qi, liaison officer of
International Friends of the Great Wall, and edited by William
Lindesay, director.)
Article 1
According to the laws and regulations of China on the protection
of cultural relics, and with regard to the specific situation in
the Beijing Municipality, additional measures are hereby made
to
protect the Great Wall in it's setting.
Article 2
In these measures, the term Great Wall describes the numerous
and varied architectural and archeological components of the
site, not only the main structure of the Wall and its beacon
towers, but also passes, and other subsidiary buildings, related
sites and relics that constitute the system of Great Wall with the
Beijing Municipality.
A detailed list of the
main component structures of the Wall, subsidiary buildings
and associated relics should be defined and drawn up by the
main administrative departments of the Beijing
Cultural Relics Bureau.
Article 3
The philosophy of protecting the Great Wall in the Beijing
Municipality should adhere to the principles of keeping the
remains in their original state, scientific planning and rational
use.
Article 4
Overall responsibility, management and supervision work is
centralized upon the departments of the Beijing Cultural Relics
Bureau.
Under the management
of the Beijing Bureau of Cultural Relics, actual work to protect
the Great Wall will in practice be delegated to the People's
Governments of the Districts and Counties (henceforth called
"districts and counties") which contain Great Wall. The main
administrative departments of relics bureaus within these
districts and counties will be held responsible for implementation
of protection work on the Great Wall under their local jurisdiction.
The main administrative
departments concerned with planning, forestry, environmental
protection, tourism, municpal management and organs responsible
for comprehensive law enforcement should work together in
a united effort to carry out protection work in accordance
with their articular areas of responsibility.
Protection of the Great
Wall should be regarded as an obligation for every unit and
individual. Any unit or individual carrying out protection
work on the Great Wall will be encouraged by the Beijing Municipal
Government.
Article 5
The main administrative department of Beijing Cultural Relics
Bureau should draw up a comprehensive protection-management
plan. When they have received this document, in turn the people's
governments of districts and counties hosting Great Wall should
draw up their own detailed implementation plans. If existing
buildings and structures affect the safety, situation and
setting of the Great Wall, the governments of the districts
and counties should draw up plans to improve and/or remove
offending buildings and structures, and plans to do so should
be carried out stage by stage.
Article 6
The administrative departments of Beijing Cultural Relics
Bureau and municipal planning departments should work to define
and demarcate a protection buffer zone, and beyond that a
restricted construction control area, in observance of the
principles of protecting the overall view of the Great Wall and
maintaining it as an integrated system of cultural relics. In doing
this work, priority should be accorded to endangered sections
of the Great Wall where the administrative departments of
relics and planning should urgently demarcate a specific-
width buffer zone and restricted-construction control area. Other
sections of less endangered sections of Great Wall can be
protected by the introduction of temporary-width buffer zones
and restricted-construction ontrol areas.
Article 7
The people's governments of districts and counties hosting
Great Wall should carry out general field surveys of the remains
and relics under their local jurisdiction, and place signage to
demand their protection. Surveys and records of this work
should be submitted to the Beijing Cultural elics Bureau.
Article 8
"Great Wall Protection Responsibility Agreements" should be
made between the governments of districts and counties and the
township governments (hereafter called "townships") along the
Great Wall; and between the townships and the committees of
villages in close proximity to the Great Wall. In these agreements
should be listed rewards for effective Great Wall protection
work and punishments for neglect of it. Townships in turn are responsible
for organizing units and individuals in their localities to
implement any recommended Great Wall protection work.
Article 9
Units authorized to use the Great Wall should manage the section
under their administration and be responsible for basic protection
work including routine inspection, regular maintenance, minor
restoration, physical protection and strengthening etc., and
also ensure the related funds for all
necessary work. District- or county-level cultural relics bureaus
should carry such routine inspection and maintenance, minor
restoration, physical protection and strengthening of that Great
Wall that is unmanaged by any unit. If the unit that uses and
manages the Great Wall discovers a part of the Great Wall for
which it is responsible to be in serious danger, it should
immediately make a report of the situation and submit it to the
local county- or district-level cultural relics bureau.
If any unit using and
managing a part of the Wall is neglectful of its responsibilities
in the areas of maintenance outlined above, or does not implement
necessary work in a timely way, the administrative department
of the Beijing Cultural Relics Bureau may independently appoint
a suitable working unit qualified in cultural relics protection
project work to carry out any necessary
restoration and strengthening, and in such an event all costs will
be charged to the unit who uses and manages the Great Wall at
that particular location.
Article 10
All conservation measures, such as regular maintenance and
restoration of the Great Wall, should adhere to the principle of
not altering the historic condition of the site. If the Great Wall
on its surface has already been significantly damaged, it should
be protected as a remains site.
Article 11
Neither units nor individuals are allowed to transfer the
ownership of the Great Wall , or to pledge or convert the value
of the Great Wall into an enterprise share property.
If districts or counties
desire to use a section of Wall as a tour location they should
submit a use/protection plan to the Beijing Cultural Relics
Bureau for verification. If verification is issued,
the Beijing Cultural Relics Bureau will forward the report to
relevant department of the Beijing Municipal Government for
approval according to the laws.
Units and individuals
are not allowed to use the Great Wall as tour site without
permission.
Article 12
Within the boundaries of the buffer zone and restricted- construction
zone, any activities which exploit the land, specifically
quarrying for rock, digging for sand and gravel etc., excavation
for and construction of artificial water bodies, trapping
or hunting wild animals, deforestation and all other
activities which damage the surface terrain surface and ecological
environment, are forbidden . The construction of other facilities,
for example for the transmission of electric power, for communication,
irrigation and water conservancy, agriculture and animal husbandry,
and all other activities whether they be for utilities or
food provision must not endanger the safety of the Great Wall
nor affect the landscape of the Great Wall.
Signage within or on
the boundaries of the buffer zone and restricted-construction
control area, demanding the protection of the cultural relics
or related otherwise to visiting, should be harmonious with
the landscape of the Great Wall in terms of their positioning,
colour, material, style and shape. (Penalties for violation
of this article are detailed in Article 17 below).
Article 13
The Great Wall and all its constituent materials belong to the
State. Units and individuals are not allowed to own the materials
of the Great Wall, nor move or remove them for the building of
other structures.
Concerning any Great
Wall materials or structures moved or removed prior to the
introduction of these measures, those responsible or holding
the materials or structures should, if required, freely return
them to local cultural relics bureaus. (Penalties for violation
of this Article are detailed in Article 18 below)
Article 14
Using the Great Wall as a location to make movies and TV programmes
and hold any large-scale activities will be strictly controlled
by the Beijing Municipality Government.
Use of the Great Wall
as location for the filming of movies or television programmes,
or as a venue for the holding any large-scale activities should
first be approved by the cultural relics protection bureaus
according to the law. The construction of temporary facilities
for the aforementioned activities should not endanger the
safety of the Great Wall nor damage its structures.
Article 15
The following activities endangering the Great Wall are strictly
forbidden:
a. Setting up of vendor's
stands and the erection of
communication facilities;
b. Organizing tours to visit sections of the Great Wall that are
not approved as touring sites by townships;
c. Climbing sections of the Wall that are not approved as
touring sites by townships;
d. Carving, scrawling, drawing and generally defacing the Wall;
e. Moving, removing, scrawling upon and physically damaging
signage placed to protect the Wall;
f. Fixing ladders, digging holes, putting up poles up and
dropping garbage;
g. And other activities or behaviour whatsoever that endangers
the Wall.
Units or individuals
are not allowed to set up positions on the Wall to collect
money or seek profits in other ways.
Article 16
Every unit and individual has the right to stop activities and
behaviour that damages the Great Wall and its landscape, and to
report such occurrences to cultural relics protection bureaus at
any level. Upon the receipt of such reports, the administrative
department of the relics bureau concerned should immediately
investigate the content of the report and take measures to deal
with arising consequences.
The Beijing Cultural
Relics Bureau should issue warnings to those districts, countries
and townships failing to carry out their responsibilities
or which fail to meet required standards of Great Wall protection
work.
Article 17
If signage demanding the protection of the Great Wall, or signs
for visitors, are not placed and designed according to the
requirements in Article 12, they should be taken down and
replaced with acceptable signage, and those responsible will be
liable to fines of between 200 yuan and 1000 yuan.
Article 18
Those who violate Article 13 of these measures, concerning the
illegally ownership of materials of the Wall, or their re-use
for other building and structures, will be investigated under the
law. Cultural relics bureaus have the right to demand the return
of any such materials and structures.
Article 19
Those who violate Article 14 of these measures, concerning
unauthorized use of the Wall as a location for filming movies
and television programs, or those who hold large-scale activities
which endanger the safety of the Wall, may be stopped by local
administrative departments. If investigation shows damage has
occurred, violators will be dealt with according to the law.
Article 20
Violators of the various damaging activities and behaviour listed
as items (a) and (b) in Article 15 above are liable to fines
ranging from 1,000 to 30,000 yuan. Violators of items (c), (d),
(e), (f) and (g) in Article 15 above are liable to fines ranging
from 200 yuan to 500 yuan.
Article 21
Regarding activities and behaviour deemed illegal by these
measures, if other existing laws and regulations already stipulate
punishments and penalties, then administrative departments can
deal with cases according to these existing laws and regulations
Article 22
If the responsible districts, counties and townships, or units
authorized to use, manage and protect the Great Wall, neglect
their duties as demanded by the above measures, thus allowing
the Great Wall and its landscape to be endangered, or if they
transfer the ownership of it, or pledge to convert the value of
the Wall into shares as an enterprise property in violation
of Article
11, or use the Wall as a tour site without approval, responsible
individuals will be subject to investigation by higher administrations.
If resulting reports identify that negligence or violation
of these measures has indeed occurred, the irresponsible individuals
under investigation will be charged according to criminal
law.
Article 23
These measures shall be enforced from 1 August, 2003.
(End of document) |
