Regulations for the Implementation of the Law of Assembly, Procession and Demonstration

The following translation was retrieved from the United Nation's High Commission on Refugees Web site on March 27, 2006. The Chinese text was retrieved from the Law-lib.com Web site on March 28, 2006. Chapter 1. General Principles Article 1. These regulations have been formulated on the basis of the ''Law of Assembly, Procession and Demonstration of the People's Republic of China'' (hereafter referred to as ''Law of Assembly, Procession and Demonstration''). Article 2. People's governments at all levels should protect, according to law, citizens' right to assembly, procession and demonstration; safeguard social stability and public order; and ensure that legitimately-conducted assemblies, processions and demonstrations are not hindered by anyone through violence, coercion or other illegal means. Article 3. Outdoor public places referred to in Article 2 of the ''Law of Assembly, Procession and Demonstration'' denote any outdoor public places to which the public has free access or may enter by presenting a ticket, but they do not include internal outdoor places managed by party and government organizations, mass organizations, enterprises and institutions. Public passages referred to in the article denote all roads and waterways, with the exception of special exclusive roads of party and government organizations, mass organizations, enterprises and institutions. Article 4. Recreational and sports activities and legitimate religious activities, as well as traditional and conventional activities, shall be managed by people's governments at various levels or by departments concerned in accordance with the relevant laws, regulations and provisions of the state. Article 5. The weapons referred to in Article 5 of the ''Law of Assembly, Procession and Demonstration'' denote all firearms, ammunition and other instruments that can inflict injury upon the human body; controlled cutting tools refers to daggers, double-edged knives, spring-loaded knives and other cutting tools controlled according to law; and explosives denote all explosive materials that can explode and cause injury to people and destroy things instantaneously. The weapons, controlled cutting tools and explosives referred to in the above paragraph shall not be carried by anyone holding an assembly, procession or demonstration, nor shall they be transported to the site of an assembly, procession or demonstration. Article 6. Traffic order and public order should be maintained during any activities which, according to Article 2 of the ''Law of Assembly, Procession and Demonstration'', require no prior request for approval. Article 7. Assembly, procession or demonstration falls under the jurisdiction of local city or county public security bureaus or urban public security sub-bureaus. A procession or demonstration falls under the jurisdiction of the municipal or city public security bureau or the public security department of the agency of a provincial or autonomous regional people's government if its route passes through two or more districts or counties in a municipality, city or site of the agency of a provincial or autonomous regional people's government; it falls under the jurisdiction of the provincial or autonomous regional public security department if its route passes through two or more cities or sites of the agency of provincial or autonomous regional people's government; and it falls under the jurisdiction of the Ministry of Public Security or the provincial, autonomous regional or municipal public security organ empowered by the Ministry of Public Security if its route passes through two or more provinces, autonomous regions or municipalities. Chapter 2. Application and Approval of Assembly, Procession and Demonstration Article 8. Any assembly, procession or demonstration must have a responsible individual. The following individuals are not qualified to be the responsible individual of an assembly, procession or demonstration (1) an individual of incompetence or limited competence; (2) an individual serving a sentence; (3) an individual undergoing re-education through labour; and (4) an individual whose personal freedom is being restricted under compulsive measures of the criminal law or other legal provisions. Article 9. The individual responsible for staging an assembly, procession or demonstration shall submit in person a written application to the competent public security organs, as stipulated in Article 7 of these regulations. Competent public security organs shall not entertain any application not submitted in written form, personally, by the responsible individual. The responsible individual of an assembly, procession or demonstration shall produce his own resident identity card or other valid papers and fill out application registration forms accurately when submitting his written application. Article 10. Upon receiving an application for staging an assembly, procession or demonstration, the competent public security organs shall promptly conduct investigations and then deliver a written decision, within a certain legal time limit, stating whether or not permission has been granted. The written decision shall contain a clear description of what has been approved and provide reasons for denying permission. The written decision shall be delivered to the relevant responsible individual two days before the staging of any assembly, procession or demonstration, and the responsible individual shall affix his signature on the notice delivered to him. If the responsible individual refuses to sign for the receipt of the notice, the person delivering the notice shall ask representatives of grassroots organs from relevant areas or other people to serve as witnesses and to be present at the site to provide explanations concerning the situation. The reasons for refusing the notice and relevant date shall be clearly indicated on the notice and the signatures of the witnesses and the delivery person affixed to it. The notice on the decision shall be left at the residence of the responsible individual and regarded as having been delivered. If delivery is not possible because the responsible individual of the assembly, procession or demonstration fails to appear at a specific time and location agreed upon earlier for the delivery of the notice, the application shall be regarded as having been voluntarily retracted. If competent public security organs fail to deliver the notice at the appointed time and location, permission shall be regarded as being granted. Article 11. If an applicant requests efforts to find solutions to specific issues concerning the staging of assemblies, processions or demonstrations, the competent public security organs shall serve the ''Notice for Consultations To Find Solutions to Specific Issues'' on the responsible individual of the assembly, procession or demonstration, as well as on the relevant organs or units, within two days of the receipt of the application. When required, notices shall be delivered simultaneously to competent departments above the relevant organs or units. Relevant organs or units and the responsible individual applying to stage the assembly, procession or demonstration shall begin consultations within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues''. Upon reaching an agreement, responsible individuals from the two consulting parties shall affix their signatures on the letter of agreement and relevant organs or units shall promptly send the letter to the competent public security organs. In the case of an applicant insisting on staging an assembly, procession or demonstration when an agreement cannot be reached or when consultations fail to begin within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues'', relevant organs or units shall promptly notify the competent public security organs. In such cases, the competent public security organs shall promptly decide whether or not permission shall be granted according to the procedure stipulated in Article 10 of these regulations. If one or both parties which has or have been served with the notice for consultations to solve specific issues by competent public security organs is or are in other parts of the country, the day marking the start of the delivery of and the time spent on the journey to deliver the ''Notice for Consultations To Find Solutions to Specific Issues'', the notice on the agreement produced after consultations by both parties or the notice served after failure to reach an agreement shall not be included in the legal time limit. Article 12. Article 15 of the ''Law of Assembly, Procession and Demonstration'' stipulates that a citizen shall not launch, organize or participate in assemblies, processions or demonstrations staged by citizens of cities outside his residential area. The residential area stated in the article refers to the location of a citizen's registered permanent residence or the place where the citizen has resided continuously for not less than half a year after he has registered for temporary residence with the residence registration organ at his temporary residential site. Article 13. After receiving an application for holding a rally, procession or demonstration, the competent public security organs, in deciding to approve the application, may change the time, venue and routes for holding the scheduled rally, procession or demonstration and they should promptly notify the organizers of the scheduled rally, procession or demonstration of the changes, if one of the following conditions applies (1) a rally, procession or demonstration is scheduled to be held during rush hours, which may cause a prolonged and serious traffic jam; (2) construction work is under way at the venue or along the route of the scheduled rally, procession or demonstration; (3) the venue is at a ferry crossing, railroad crossing or an area neighbouring national borders (frontiers) ; (4) motor vehicles to be used fail to meet road maintenance regulations; (5) a major state event is to be held at the same time or at the same venue as the scheduled rally, procession or demonstration; (6) the time, venue or route of the scheduled rally, procession, or demonstration has already been reserved for another rally, procession or demonstration. In approving an application for holding a rally, procession or demonstration, competent public security organs, if they deem it necessary to change the time, venue or route of a rally, procession or demonstration, should indicate so in the letter of approval. If natural disasters or public order disasters occur at the venue or on the route of a scheduled rally, procession or demonstration after an application has been approved, and if rescue work is still going on and normal order cannot be restored before the scheduled rally, procession or demonstration is to be held, the competent public security organs may change the time, venue or route approved for the scheduled rally, procession or demonstration; however, they should forward a ''letter of decision on changing matters concerning the holding of a rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration before the day it is scheduled. Article 14. If the organizers of a rally, procession or demonstration want to petition against a competent public security organ's decision of disapproval, they may apply within three days after they receive the letter of disapproval to a people's government at the same level for a reexamination of the case. Within three days after the application for re-examination is received, the people's government should decide whether to maintain or overrule the competent public security organ's decision and forward a ''letter of decision on the reexamination of an application for the holding rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration, with a copy of the letter sent to the competent public security organ. The re- examination decision made by the people's government must be carried out by the competent public security organ and the organizers of the scheduled rally, procession or demonstration. Article 15. If organizers of a rally, procession or demonstration decide to withdraw their application before they receive a notice from a competent public security organ, they should promptly go to the competent public security organ to complete the paperwork for the application's withdrawal. If organizers of a rally, procession or demonstration decide not to hold a scheduled rally, procession or demonstration after they have received an approval notice from a competent public security organ or approval from a people's government after the case has been reexamined, they should return the letter of approval or the letter of decision of reexamination to the competent public security organ or the people's government before the scheduled rally, procession or demonstration is held. Article 16. In submitting an application for holding a rally, procession or demonstration in the name of a state organ, civic group, enterprise or institution organizers should also submit supporting documents signed and officially stamped by a responsible individual of the concerned state organ, civic group, enterprise or institution. Chapter 3. The Staging of Assemblies, Processions and Demonstrations Article 17. In the light of practical needs, public security agencies shall send people's police to maintain order and to ensure the smooth progress of assemblies held in accordance with the law. In cases where processions and demonstrations are staged according to law, people's police charged with maintaining order shall direct traffic and prevent other people from disturbing or disrupting the processions and demonstrations along the routes or at the sites approved by competent public security agencies for the processions and demonstrations. If necessary, they may display flexibility and apply relevant provisions in traffic rules to ensure the smooth progress of processions and demonstrations. Article 18. People's police tasked with maintaining traffic and public order shall be subject to the unified command of on-site responsible personnel designated by competent public security agencies. Such responsible personnel shall maintain contact with the people in charge of an assembly, procession or demonstration. Article 19. On-site personnel in charge of people's police have the right to decide upon an alternative route for a procession on an ad hoc basis if unexpected natural disasters, traffic accidents or other public security contingencies occur at some section of the route ahead of the procession. The same is true if a serious conflict or commotion erupts among paraders or between the paraders and onlookers or if an unexpected situation arises that prevents the paraders from proceeding along the approved route. Article 20. Temporary security lines formed by competent public security agencies shall be clearly indicated. Barricades shall be erected if necessary. Article 21. As mentioned in Article 23 of the ''Law of Assembly, Procession and Demonstration'' the distances from sites designated as off-limits to assemblies, processions and demonstrations refer to those extending from buildings at the above-mentioned sites; if the buildings are enclosed by retaining walls or railings, the distances refer to those extending from the walls or railings. Provincial, autonomous regional and municipal people's governments shall stipulate and declare the specific distances from sites designated as off-limits to assemblies, processions and demonstrations. Distances from sites that are off-limits to assemblies, processions and demonstrations as stipulated by provincial, autonomous regional and municipal people's governments shall be specified in such a way as to facilitate the maintenance of safety and order at the aforesaid sites, as well as to facilitate the staging of legitimate assemblies, processions and demonstrations. Article 22. People in charge of an assembly, procession or demonstration must maintain order and shall stop other people from joining the assembly, procession or demonstration. If the latter ignore the caveat, they shall immediately inform the people's police personnel maintaining order on the scene. The people's police shall stop those people after they are advised of the situation. Samples of badges to be worn by personnel appointed by the people in charge of an assembly, procession or demonstration to assist the people's police in maintaining order shall be forwarded to competent public security agencies before the day when the assembly, procession or demonstration is staged. Article 23. People's police have the right to put an immediate stop to any illegal assembly, procession, demonstration or incident that endangers public security or seriously disrupts social order, during an assembly, procession or demonstration as stipulated in Article 27 of the ''Law of Assembly, Procession and Demonstration''. They shall order the crowd to disperse if their warning is ignored. Through the use of a loudspeaker or by shouting, they shall advise people on the scene to leave the area through designated passages within a specified time. If the people do not leave the area within the specified time, personnel in charge of people's police on the scene have the right to forcibly disperse the crowd by issuing warnings or by resorting to other police means in accordance with relevant state regulations. They may lead away or immediately detain those people who remain on the scene. Chapter 4. Legal Responsibility Article 24. Those resisting or obstructing police who are maintaining traffic order or public order according to law shall be punished in accordance with provisions of the regulations governing offences against public order. Those whose offences constitute a crime shall be investigated for criminal responsibility. An offence that is in violation of Article 5 of these regulations but does not yet constitute a crime shall be punished in accordance with provisions of the regulations governing offences against public order. Article 25. Where criminal responsibility shall be investigated in accordance with Articles 29 and 30 of the ''Law of Assembly, Procession and Demonstration'', the public security organs in the locality concerned shall carry out the proceedings in accordance with the provisions of the Criminal Procedure Law. Article 26. The public security organs shall question those who are detained in accordance with Article 33 of the ''Law of Assembly, Procession and Demonstration'' within 24 hours. When a person needs to be sent back by force to the place he is from, the public security organs in the locality where the offence has taken place shall draft a ''decision on forced return'' and assign people's police to carry it out. The people's police personnel responsible for enforcing the decision shall escort the person to the place he is from and hand him over, together with the ''decision on forced return'', to the public security organs in that locality for legal proceedings. Article 27. Where a person is to be punished in line with Articles 28 and 30 of the ''Law of Assembly, Procession and Demonstration'' and Article 24 of these regulations for an offence against public order, the punishment shall be decided and carried out by the public security organs in the locality where the offence has taken place in accordance with the procedure prescribed in the regulations governing offences against public order. If the person concerned finds the decision of punishment unacceptable, he may submit an application for reconsideration of the decision. If the person concerned finds the decision reached after reconsideration by a public security organ at a higher level unacceptable, he may file suit in the people's court in accordance with the law. Article 28. Those who are forcibly removed from the scene or immediately detained in accordance with Article 27 of the ''Law of Assembly, Procession and Demonstration'' shall be questioned within 24 hours by public security organs. Those who do not need to be investigated for criminal responsibility may be released after signing a written statement of repentance. Those who are to be investigated for criminal responsibility shall be handled in accordance with relevant regulations. Article 29. Where there is damage to public or private property or infringements upon others which result in injury or death during the course of an assembly, procession or demonstration, those concerned shall be held responsible for the losses. Where the regulations governing offences against public order are applicable, public security organs in the locality where the offence has taken place shall decide the amount of compensation or responsibility for medical expenses. When a crime is committed, the victim may file a supplementary civil suit during the criminal procedure process. Chapter 5. Supplementary Articles Article 30. These regulations shall also apply to assemblies, processions and demonstrations held by foreigners within the territory of China. When foreigners want to participate in an assembly, procession or demonstration held by Chinese citizens, the responsible individual of the assembly, procession or demonstration shall clearly state this in the application. Without the expressed approval of the competent pubic security organs, they will not be allowed to participate. Article 31. Measures for implementing the ''Law of Assembly, Procession and Demonstration'' adopted by the standing committees of the various provincial, autonomous regional and municipal people's congresses are applicable in their respective regions. In the case of any conflict between such measures and these regulations, these regulations shall prevail. Article 32. The right to interpret specific questions in the application of this law resides with the Ministry of Public Security. Article 33. These regulations shall go into effect on the day they are promulgated.