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| Category | LEGISLATION AND MISCELLANEOUS AFFAIRS | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-03-01 | Effective Date | 1996-03-01 |
|
Martial Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Enforcement of the Martial Law
Chapter III Measures for Enforcement of the Martial Law
Chapter IV Duties of the Martial Law Enforcers
Chapter V Supplementary Provisions Article 1 Pursuant to the Constitution of the People's Republic of China, Article 2 In case of occurrence of turmoil, tumult or serious riot that Article 3 The enforcement of martial law over the whole state or in The enforcement of martial law in certain district of a province, Article 4 During the period of the enforcement of the martial law, with a Article 5 The people's governments of the district under martial law Article 6 All organizations and individuals of the district under martial Article 7 The state shall adopt effective measures to protect from Article 8 The tasks for the enforcement of the martial law shall be Article 9 The enforcement of the martial law over the whole country or in The enforcement of the martial law in certain district of a province, The agency organizing the enforcement of the martial law is referred to as Article 10 The martial law enforcement organ shall establish a martial The people's liberation army undertaking the martial law tasks shall, Article 11 The order of the martial law shall specify the area scope Article 12 Upon the removal of urgent situation for which the martial The procedures regarding lifting of the martial law are the same with that Article 13 During the period of the enforcement of the martial law, the (1) prohibiting or imposing restrictions on assembly, procession, (2) prohibiting strike of employees, students and shopkeepers; (3) practising press censorship; (4) putting under control correspondence, post and telecommunications; (5) putting under control the exit from or entry into the border; (6) prohibiting any resisting activities against the enforcement of the Article 14 During the period of enforcement of the martial law, the Article 15 During the period of enforcement of the martial law, the Article 16 During the period of enforcement of the martial law, the (1) weapons and ammunitions; (2) cutting tools subject to control; (3) inflammables and explosives; (4) dangerous chemicals, radioactive substances and highly poisonous Article 17 In light of the necessity for implementing the tasks of The aforesaid materials for temporary requisition shall be timely returned Article 18 During the period of enforcement of the martial law, measures (1) headquarters; (2) military agencies and important military facilities; (3) foreign consulates and embassies instituted in China, representative (4) import news units such as broadcasting stations, television stations, (5) public enterprises or public facilities that have important (6) airports, railway stations and harbours; (7) prisons, labour reformatories and detention houses; (8) other units or premises that need to be guarded. Article 19 To safeguard the supply of life necessities for residents of Article 20 The measures and procedures for the enforcement of the martial Article 21 The people's police, the armed people's police and the Martial law enforcers undertaking martial law enforcement tasks shall bear Article 22 Martial law enforcers shall according to prescriptions of the Article 23 Martial law enforcers shall according to prescriptions of the Article 24 Martial law enforcers shall according to prescriptions of the (1) persons who are found or highly suspect of committing crimes of (2) persons who obstruct or resist the enforcers' implementation of tasks (3) persons who resist traffic control or defy the prescriptions for the (4) persons who resist the enforcement of the martial law in other forms. Article 25 Martial law enforcers shall according to prescriptions of the Article 26 In any of the following cases of gathering in the district (1) illegal assembly, procession, demonstration or other gathering (2) illegally occupying public places or provoking sabotaging activities (3) assaulting state organs or other important units or places; (4) disturbing the traffic order or intentionally obstructing the traffic; (5) gathering to plunder or sabotage the properties of government organs, Article 27 Martial law enforcers shall timely register and interrogate The procedures and length in respect to detention and arrest during the Article 28 In any of the following cases of extraordinary emergency in (1) the safety of the life of citizen or martial law enforcer being (2) the offender resisting by violence, committing murder or escaping when (3) the offender seizing weapons or ammunitions by force; (4) the important body or target guarded being assaulted by violence or in (5) the operation of fire fighting, dealing with emergency, rescue or (6) other cases in which firearms and other weapons may be used according Martial law enforcer shall strictly observe the prescriptions regarding Article 29 Martial law enforcers shall strictly observe the law, Article 30 The actions conducted by martial law enforcers for fulfillment In case of violation of the present Law, abuse of power, violation or Article 31 In case the state does not decide to enforce a martial law Article 32 The present Law comes into force as of the date of
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Chapter I General Provisions
the present Law is formulated.
imperils the unity, safety or social public order of the state to such an
extent that the social order would not be maintained and the people's personal
and property safety not protected if extraordinary measure should not be
adopted, the state may decide to enforce the martial law.
particular province, autonomous region or municipality directly under the
central government shall be proposed by the State Council and submitted to the
Standing Committee of the National People's Congress for decision; the
President of the People's Republic of China shall proclaim the order of
martial law according to the decision of the Standing Committee of the
National People's Congress.
autonomous region or municipality directly under the central government shall
be decided by the State Council and the order of the martial law be proclaimed
by the Premier of the State Council.
view to ensuring the enforcement of the martial law, maintaining the social
public order, the state may formulate according to the present Law special
provisions of the district under martial law regarding the exercise of
citizens' rights and freedom provided for by the Constitution and the law.
shall according to the present Law adopt necessary measures to restore normal
social order as soon as possible, safeguard the personal and property safety
of the people and ensure the supply of life necessities.
law shall rigorously abide by the order of the martial law and the
prescriptions for the enforcement of the martial law and actively assist the
people's government in restoring normal social order.
infringement the legitimate rights and interests of the organizations or
individuals who abide by or implement the prescriptions of the order of the
martial law.
fulfilled by the people's police and armed people's police and, where
necessary, the State Council may propose to the Central Military Commission
for decision that the people's liberation army be dispatched for assisting to
enforce the martial law.
Chapter II Enforcement of the Martial Law
particular province, autonomous region or municipality directly under the
central government shall be organized by the State Council.
autonomous region or municipality directly under the central government shall
be organized by the people's government of the province, autonomous region or
municipality directly under the central government, or, when necessary,
directly by the State Council.
the martial law enforcement organ.
law commanding body, which shall command and coordinate concerned departments
to fulfill tasks for enforcement of the martial law, uniformly make
arrangements and adopt measures for the enforcement of the martial law.
subject to the uniform arrangements of the martial law commanding body, be
commanded by the military organ designated by the Central Military Commission.
under the martial law, the starting and ending time and the enforcement organ
etc.
law was enforced according to provisions of Article 2 of the present Law, the
martial law shall be lifted in time.
governing the decision for the introduction of the martial law.
Chapter III Measures for Enforcement of the Martial Law
martial law enforcement organ may decide to adopt the following measures in
the district under martial law and formulate more detailed procedures for
implementation thereof:
demonstration, speech on street or other gathering activities;
martial law.
martial law enforcement organ may decide to adopt measures in the district
under martial law to control the traffic, impose restrictions on passengers'
entry into and exit from the district under traffic control and inspect
certificates of passengers, vehicles and commodities when they exit from or
enter the district under traffic control.
martial law enforcement organ may decide to impose a curfew on the district
under the martial law. During the period of curfew, passengers when going
through the street or other public places of the district under curfew shall
hold identity card of their own and the special pass issued by the martial law
enforcement organ.
martial law enforcement organ or the martial law commanding body shall adopt
special measures in the district under martial law for management of the
following commodities and articles:
substances.
enforcement of the martial law, the people's government at and above the
county level in the district under martial law may temporarily requisition the
state organs, enterprises, institutions, social organizations or individual
citizens for their houses, premises, facilities, conveyances or project
machines. In most urgent cases the on-the-spot commanding officials of the
people's police, the armed people's police or the people's liberation army
undertaking martial law enforcement tasks may directly decide to make
temporary requisitions and the local people's government shall provide
assistance therefor. Requisition receipts shall be made out when the
requisition is made.
after their use have been finished or the martial law is lifted. In case of
any damage because of the requisition the people's government at and above the
county level shall make compensations according to relevant state provisions.
shall be adopted to strengthen guarding of the following units and premises of
the district under martial law:
offices of international organizations in China and residing places of state
guests;
the state news agency and the important facilities thereof;
significance to the national economy and the people's livelihood;
the district under the martial law, the martial law enforcement organ may
adopt special measures for the management of the production, transportation,
supply and price of those life necessities.
law adopted by the martial law enforcement organ according to the present Law
shall be publicized if they require the observation of the public. During the
period of enforcement those measures and procedures that are not necessary for
continuous implementation shall in light of the situation be timely proclaimed
for termination of their implementation.
Chapter IV Duties of the Martial Law Enforcers
people's liberation army undertaking tasks of martial law enforcement are the
enforcers of the martial law.
the badge uniformly specified by the martial law enforcement organ.
martial law enforcement organ have the power to make inspection on
certificates, vehicles and commodities of passengers on the public roads or
other public places of the district under the martial law.
martial law enforcement organ have the power to detain persons who violate
prescriptions regarding the curfew until the early morning when the curfew is
lifted for that day, to make body search of the detained persons and to
inspect the materials and commodities brought along with them.
martial law enforcement organ have the power to put under detention the
following persons:
imperiling the state safety or sabotaging the social order;
for enforcement of the martial law;
curfew;
martial law enforcement organ have the power to make body inspection of the
detained persons, to inspect the residence of criminal suspects, or places
suspected of hiding criminals, criminal suspects or weapons, ammunitions or
other dangerous articles.
under martial law, the martial law enforcers, when failing to stop the
gathering by persuasion, may, according to relevant prescriptions, use police
apparatus to stop or disperse the gathering by force, bring by force the
organizers and resisters away from the gathering place and/or put them under
detention immediately:
activities;
in public places;
associations, enterprises, institutions or individual citizens.
the persons detained in accordance with the present Law and shall set free
those persons immediately after finding it unnecessary to put them under
custody.
period of martial law enforcement may not be subject to restrictions provided
for by relevant stipulations of the Criminal Procedure Law of the People's
Republic of China; but the act of arrest shall subject to the approval or
decision of the people's procuratorate.
the district under martial law, the military law enforcers, when failing to
put an end by using police apparatus, may use firearms or other weapons:
endangered by violence;
it is attempted to detain or arrest them or send them away under escort;
the severe danger of being assaulted by violence;
implementation of other important urgent tasks being obstructed by serious
violence;
to law or administrative regulations.
using of firearms or other weapons.
regulations and enforcement rules, obey the orders, perform the duties,
respect the customs and traditions of local nationals and must not infringe
upon or damage the legitimate rights and interests of the citizens.
of tasks according to law shall be protected by law.
damage of the legitimate rights and interests of citizens by martial law
enforcers, the legal liabilities shall be investigated into according to law.
Chapter V Supplementary Provisions
when serious riot arises in partial district of a particular county or city
that severely endangers the state safety, social public security and the
people's lives and property, the local people's government of the respective
province may, subject to approval of the State Council, decide to organize the
people's police and the armed people's police to put under control the traffic
and the site, make restrictions on entry into and exit from the controlled
area, inspect certificates, vehicles, materials and commodities of passengers
entering or exiting from the controlled area, disperse, search or bring away
from the site by force the participants in the riot and immediately put under
detention the organizers and resisters. In case the people's police and the
armed people's police are not adequate to maintain the social order, the State
Council may be requested to propose to the Central Military Commission for
decision that the people's liberation army be dispatched to assist the local
people's government in restoring and maintaining the normal social order.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/ml100