Shenzhen Authorities Detain Five for Importing Publications Without Permission

Law enforcement and customs officials in the Shenzhen Special Economic Zone raided three rented rooms and took five people into custody for storing and selling 120,900 "illegal foreign books" on May 30, according to a June 7 Southern Metropolitan Daily report (in Chinese). The report did not say why the government considered the books illegal, but Article 41 of the Regulation on the Administration of Publishing prohibits people from engaging in "publication importation services" without government authorization. In addition, Article 3 of the Provisions on the Administration of Printed Materials and Audio/Visual Materials Imported or Exported by Individuals Via Carriage or Post states that anyone importing publications for personal use must report it to customs authorities and submit to inspection.

The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights state that restrictions on freedom of the press are permissible, provided they are prescribed by law and are necessary to prevent the dissemination of speech that is obscene or defamatory, that poses a realistic threat to national security, or that is false and threatens public order. As the CECC noted in its 2004 Annual Report -- Free Flow of Information section, however, Chinese customs officials use their authority under these provisions to confiscate Chinese language newspapers that individuals attempt to bring into China, as well as politically sensitive books published abroad, such as The Tiananmen Papers. In addition, Article 5 of the provisions imposes a blanket restriction on the private importation of religious publications to an amount "suitable for personal use." The Provisions on the Management of the Religious Activities of Foreigners Within the PRC and the Detailed Implementing Rules for the Provisions on the Management of the Religious Activities of Foreigners Within the PRC contain similar restrictions with respect to foreigners.