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Laws of the People's Republic of China |
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| Category | NATIONAL FLAG, NATIONAL EMBLEM, CAPITAL, NATIONAL ANTHEM AND NATIONAL DAY | Organ of Promulgation | The Standing Commettee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-06-28 | Effective Date | 1990-10-01 |
|
Law of the People's Republic of China on the National Flag |
|---|
Article 1 This Law is enacted in accordance with the Constitution with a
view to defending the dignity of the National Flag, enhancing citizens'
consciousness of the State and promoting the spirit of patriotism.
Article 2 The National Flag of the People's Republic of China shall be a
red flag with five stars.
The National Flag of the People's Republic of China shall be made
according to the Directions for the Making of the National Flag promulgated by
the Presidium of the First Plenary Session of the Chinese People's Political
Consultative Conference.
Article 3 The National Flag of the People's Republic of China is the
symbol and hallmark of the People's Republic of China.
All citizens and organizations shall respect and care for the National
Flag.
Article 4 The local people's governments at various levels shall exercise
supervision over and administration of the display and use of the National
Flag within their respective administrative areas.
The Ministry of Foreign Affairs, the competent department in charge of
communications under the State Council and the General Political Department of
the Chinese People's Liberation Army shall exercise supervision over and
administration of the display and use of the National Flag within their
respective jurisdiction.
The National Flag shall be made by enterprises designated by the people's
governments of provinces, autonomous regions and municipalities directly under
the Central Government.
Article 5 The National Flag shall be displayed daily in the following
places or premises of institutions:
(1) Tiananmen Square and Xinhuamen in Beijing;
(2) The Standing Committee of the National People's Congress, the State
Council, the Central Military Commission, the Supreme People's Court and the
Supreme People's Procuratorate;
The National Committee of the Chinese People's Political Consultative
Conference;
(3) The Ministry of Foreign Affairs;
(4) Airports, harbours and railway stations of entry or exit and other
frontier ports, frontier stations and coastal defence stations.
Article 6 Departments under the State Council, the standing committees of
the local people's congresses, the people's governments, the people's courts,
the people's procuratorates and the local committees of the Chinese People's
Political Consultative Conference at various levels shall display the National
Flag during working days.
Full-time schools shall display the National Flag daily, except during
winter vacations, summer vacations and Sundays.
Article 7 State organs at all levels and mass organizations shall display
the National Flag on National Day, International Labour Day, New Year's Day
and the Spring Festival; the National Flag may be displayed, when conditions
permit, in premises of enterprises, institutions, villagers' committees and
residents' committees, in urban residential compounds (buildings) and in
public places such as squares and parks.
In minority nationality areas where the Spring Festival is not a
traditional festival, whether the National Flag is displayed during the Spring
Festival shall be prescribed by the authorities practising self-government in
the national autonomous areas.
In a national autonomous area, the National Flag may be displayed on the
anniversary of the founding of the national autonomous area and during major
traditional festivals of the minority nationalities.
Article 8 The National Flag may be displayed when important celebration
and commemorative activities, large-scale cultural and sports activities and
major exhibitions are held.
Article 9 Measures for the display and use of the National Flag in
diplomatic activities and by the Chinese embassies and consulates stationed in
foreign countries and other diplomatic representative agencies shall be
prescribed by the Ministry of Foreign Affairs.
Article 10 The National Flag shall be displayed by military organs at
barracks and on military vessels in accordance with the relevant provisions of
the Central Military Commission.
Article 11 Measures for the display of the National Flag by civilian
vessels or foreign vessels entering Chinese territorial waters shall be
prescribed by the competent department in charge of communications under the
State Council.
Measures for the display of the National Flag by public security vessels
on frontier defence, security or fire control duties shall be prescribed by
the departments in charge of public security under the State Council.
Article 12 The National Flag, when displayed under Articles 5, 6 and 7 of
this Law, shall be hoisted in the morning and lowered in the eve- ning.
Where the National Flag shall be displayed under this Law, when the
weather is inclement, it is permissible that the Flag not be displayed.
Article 13 When the National Flag is displayed, a Flag-hoisting ceremony
may be held.
When a Flag-hoisting ceremony is held, persons present shall face the Flag
and stand at attention to salute the Flag, and the National Anthem may be
played or sung while the National Flag is being hoisted.
A full-time middle school or primary school shall hold a Flag-hoisting
ceremony once a week, except during vacations.
Article 14 The National Flag shall be lowered to the half staff as at
token of mourning when the following persons pass away:
(1) President of the People's Republic of China, Chairman of the Standing
Committee of the National People's Congress, Premier of the State Council and
Chairman of the Central Military Commission;
(2) Chairman of the National Committee of the Chinese People's Political
Consultative Conference;
(3) Persons who have made outstanding contributions to the People's
Republic of China;
(4) Persons who have made outstanding contributions to world peace or the
cause of human progress.
When unfortunate events causing especially serious casualties occur or
when serious natural calamities have caused heavy casualties, the National
Flag may be flown at half staff as a token of mourning.
The half-staffing of the National Flag in accordance with the provisions
of (3) and (4) in the first paragraph and of the second paragraph of this
Article shall be decided by the State Council.
Dates and places for the half-staffing of the National Flag under this
Article shall be decided by the funeral organ established by the State, or
shall be decided by the State Council.
Article 15 When the National Flag is displayed, it shall be placed in a
prominent position.
The National Flag, when raised or carried in a procession with another
flag or flags, shall be in front of the other flag or flags.
The National Flag, when displayed with another flag or flags, shall be
either at the center, above the other flag or flags, or in a position of
prominence.
When the National Flags of two or more nations are displayed in foreign
affairs activities, relevant provisions of the Ministry of Foreign Affairs or
the international practice shall be followed.
Article 16 The National Flag, when hoisted or lowered from a vertical
staff, shall be hoisted or lowered slowly. When hoisted, the National Flag
must reach the peak of the staff; when lowered, it may not touch the ground.
The National Flag, when flown at half staff, shall be first hoisted to the
peak of the staff and then lowered to a point where the distance between the
top of the Flag and the peak of the staff is one third of the length of the
staff; the Flag, when lowered, shall be again hoisted to the peak before it is
lowered.
Article 17 No damaged, defiled, faded or substandard National Flag shall
be displayed.
Article 18 The National Flag and the design thereof shall not be used as
a trade mark or for advertising purposes, and shall not be used in private
funeral activities.
Article 19 Whoever desecrates the National Flag of the People's Republic
of China by publicly and wilfully burning, mutilating, scrawling on, defiling
or trampling upon it shall be investigated for criminal responsibilities
according to law; where the offence is relatively minor, he shall be detained
for not more than 15 days by the public security organ in reference to the
provisions of the Regulations on Administrative Penalties for Public Security.
Article 20 This Law shall enter into force as of October 1, 1990. The shape and colour of either side of the National Flag shall be (1) The face of the Flag shall be red and rectangular; the proportion of (2) The five stars shall be positioned and drawn as follows: a. To determine the position of the five stars, the face of the Flag shall b. The central point of the big five-pointed star shall be at a point in c. The centres of the four small five-pointed stars shall be as follows: (3) The measurement in common use for the National Flag, from which people a. 288 cm. in length, 192 cm. in height; b. 240 cm. in length, 160 cm. in height; c. l92 cm. in length, 128 cm. in height; d. 144 cm. in length, 96 cm. in height; e. 96 cm. in length, 64 cm. in height.
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Appendix: Directions for the Making of the National Flag
(Promulgated by the Presidium of the First Plenary Session of the Chinese
People's Political Consultative Conference on September 28, 1949)
identical, whereas the five stars on both sides of the Flag shall be opposite
to each other. For convenience's sake, these directions shall take the
circumstances where the staff is on the left as the basis for illustration.
Where the staff is on the right, the word "left" used in these directions
shall all be changed to "right", while the word "right" referring to direction
shall all be changed to "left".
its length and height shall be 3 to 2. The upper left of the face of the Flag
shall be studded with five yellow five-pointed stars. One of the stars shall
be bigger than the others, with its circumcircle's diameter being three-tenth
of the height of the Flag, and shall be placed in the left; the four other
stars shall be smaller, with their circumcircle's diameter being one-tenth of
the height of the Flag, encircling the big star on its right in the shape of
an arch. The cover of the staff shall be white.
be first folded both ways to form four equal rectangles; then the rectangle on
the upper left shall be vertically divided into ten equal sections and
horizontally divided into fifteen equal sections.
the rectangle where the fifth line from above (or the fifth line from below),
and the fifth line from the left (or the tenth line from the right) meet. The
method of drawing shall be: taking this point as the centre and the length of
three such equals as the radius to make a circle. On the circumference of this
circle, five points with equal distances from each other shall be determined,
one of the points must be in the right above position of the circle. Then
connect each of the five points with every other point to form a straight line
respectively. The outline formed by these five straight lines shall be the
required big five-pointed star. An angle of the five-pointed star shall point
in the right above direction.
the first shall be at a point, in the rectangle, where the second line from
above (or the eighth line from below), and the tenth line from the left (or
the fifth line from the right) meet; the second shall be at a point where the
fourth line from above (or the sixth line from below), and the twelfth line
from the left (or the third line from the right) meet; the third shall be at a
point where the seventh line from above (or the third line from below), and
the twelfth line from the left (or the third line from the right) meet; the
fourth shall be at a point where the ninth line from above (or the first line
from below), and the tenth line from the left (or the fifth line from the
right) meet. The method for drawing shall be: taking each of the above four
points as the centre and the length of one such equal as the radius to make
four circles. On each circle, five points with equal distances from each other
shall be determined. One of such points must be on the line linking the
centre of the circle with the centre of the big five-pointed star. Then the
same methods used in forming the big five-pointed star shall be used to form
the small five-pointed stars. The four small five-pointed stars shall
respectively have an angle pointing right at the centre of the big
five-pointed star.
from various circles may choose at their discretion shall be as follows:
URL: http://www.asianlii.org/cn/legis/cen/laws/nfl133