[2] This article is dedicated to the 25th anniversary of the promulgation of the Administrative Procedure Law and its first major revision!

Part One: "Tuhao" Guo Moumou and His "Sea Palace"

[6] 7. The Fine Storm

Guo's floating island building, due to its perfection, luxury, and seclusion, was gradually dubbed the "Marine Palace" by curious media figures, gaining widespread fame. Over time, it not only attracted tourists but also drew the attention of government authorities. Because its complex and perfect structure far exceeded the needs of fishing, leisure, and dining functions developed from simple fish rafts, it formally violated the provisions of the "Sea Area Use Management Law" regarding sea area functional zoning. Additionally, to leverage the protection of the bay's terrain to avoid strong typhoons, the mooring position of the floating island building underwent several adjustments and changes during the experimental construction process. The Ocean Bureau of Longgang District, Shenzhen, initiated an investigation in 2008 and issued a "Notice of Administrative Penalty Hearing" to Shenzhen Marine Elite Entertainment Co., Ltd. on October 14, 2008, proposing a fine of 711,000 yuan for the "Marine Palace." Following an application by the company, the Ocean Bureau held a hearing on January 13, 2009, and made a formal decision on February 13, 2009, determining that the "Marine Palace" illegally occupied 1.58 hectares of sea area, imposing an administrative penalty of 497,700 yuan on the responsible unit (Shenzhen Marine Elite Entertainment Co., Ltd.) and ordering it to restore the sea area to its original state within a specified period (Figures 24, 25, 26).

On one hand, there was the real threat of administrative penalties; on the other, Guo's urgent need to promote large-scale development based on the success of small-scale experiments. Guo and his subordinates once again submitted a report to the Longgang District marine authorities, proposing to develop tourism resources in Dongshan Bay and expand the tourism industry. The Longgang District Fishery Bureau replied that the sea area was restricted by functional zoning and was still classified as an aquaculture zone, with the authority to change the zoning resting with the city and provincial levels. Guo then submitted reports to the city and provincial authorities. By early 2009, leaders from the Guangdong Provincial and Shenzhen City courts conducted a joint investigation and concluded that Guo's innovation, which enhanced the added value of marine functions, was a bold exploration of future sea use models, and they agreed in principle to issue a sea area use permit to Guo. At that time, Li Zhujiang, then Director of the Guangdong Provincial Ocean Bureau, twice endorsed Guo's request report with the instruction "pilot first" (Figures 27, 28).

Figure 24: The "Notice of Administrative Penalty Hearing" from the Ocean Bureau of Longgang District, Shenzhen.

Figure 25: Page 1 of the "Administrative Penalty Decision" from the Ocean Bureau of Longgang District, Shenzhen.

Figure 26: Page 2 of the "Administrative Penalty Decision" from the Ocean Bureau of Longgang District, Shenzhen.

　Figure 27: This is Li Zhujiang's first handwritten response on February 25, 2009, to the request report of Shenzhen Marine Elite Entertainment Co., Ltd., which reads: "This matter can be managed under the principle of 'pilot first.' 1. Instruct the Longgang detachment to drop the case. 2. Instruct the Shenzhen bureau to issue a temporary sea area permit. Please handle this with the general team and the sea area office."

　Figure 28: This is the second written instruction from Director Li Zhujiang on June 23, 2009, regarding the application of Shenzhen Maritime Elite Entertainment Co., Ltd., stating: "Please submit to Vice Mayor Siping for review. My opinion was already expressed in the supervision document for Longgang District on February 23, please handle accordingly."

Guo Moumou, based on the instructions from the Guangdong Provincial Oceanic Administration leadership, submitted another application report for sea area use rights to the Shenzhen Municipal Oceanic Bureau. The bureau accepted the application and required them to supplement and refine details such as sea area maps, usage functions, and future plans. Before formally approving and issuing the sea area use right certificate, the municipal bureau sought opinions from the Longgang District Oceanic Bureau, which oversees the sea area. The district bureau raised the issue of the previously unenforced administrative penalty regarding the "Sea Palace" and proposed the principle of "penalty first, then certification." Faced with such indifference, buck-passing, and delays from government departments at all levels, Guo Moumou, who had been tirelessly pursuing his dream of a floating island at sea, felt helpless, wronged, and dissatisfied for the first time. He felt helpless because, despite twice securing understanding, support, and written approvals from provincial authorities, he still could not obtain a legal pass for his floating island project. He felt wronged because he firmly believed that his creation, which he had invested significant effort and funds into, was a great contribution to the nation and society, yet no government department or official had the courage to grant it formal legal recognition. He felt dissatisfied because, over the years, he and his team had repeatedly consulted, reported, and communicated with government departments to obtain a legal sea area use right certificate, and their floating island project had developed to its current scale and level only with verbal support from leaders at various levels. Now that the rice was cooked, not only had they failed to obtain the long-promised legal status from the government, but they had also been subjected to harsh administrative penalties, which was truly unacceptable.

As the saying goes, the county magistrate is less effective than the current manager. Not to mention instructions from provincial leaders, even resolutions from the Party Central Committee and the State Council often become mere showpieces at the grassroots level—nice to look at but useless! Administrative penalties are often closely tied to the departmental interests of grassroots administrative law enforcement agencies. Although the slogan of law enforcement for the people is loudly proclaimed, the theory and practice of institutional economics have long proven that any law enforcement department has its own private interests. Guo Moumou and his team failed to take seriously and promptly comply with the administrative penalty decision of the Longgang District Oceanic Bureau, causing further delays in the process of applying for the sea area use right certificate for the floating island development project. On the other hand, the Longgang District Oceanic Bureau did not "withdraw the case" as instructed by the provincial bureau leadership, nor did it immediately enforce the administrative penalty decision. Instead, it waited until November 5, 2009, to apply to the Longgang District People's Court for enforcement against Maritime Elite Entertainment Co., Ltd. After receiving the court's "Enforcement Notice," the company, which could no longer delay, paid the fine on January 27, 2010. However, this occurred after the fierce public opinion storm had already begun to attack the "Sea Palace." Subsequent developments proved that the delayed payment of the fine also contributed to the passive and beleaguered situation the "Sea Palace" later faced (Figures 29-32).

Figure 29: Page 1 of the "Administrative Enforcement Ruling" issued by the Longgang District People's Court on November 20, 2009.

Figure 30: Page 2 of the "Administrative Enforcement Ruling" issued by the Longgang District People's Court on November 20, 2009.

Figure 31: The "Enforcement Notice" issued by the Longgang District People's Court on December 10, 2009.

Figure 32: Transaction record of Sea Elite Entertainment Co., Ltd. paying a fine on January 27, 2010.

　　(待续)