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| Category | PROTECTION OF CITIZENS' RIGHTS AND INTERESTS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-06-16 | Effective Date | 1992-06-16 |
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Regulations for Implementation of the Law of the People's Republic of China on Assemblies, Processions and Demonstrations |
|---|
Article 1 These Regulations are formulated according to the Law of the
People's Republic of China on Assemblies, Processions and Demonstrations
(hereinafter referred to as the Law on Assemblies, Processions and
Demonstrations).
Article 2 The people's governments at various levels shall, in
accordance with the law, safeguard citizens' exercise of their rights to
assembly, procession and demonstration, maintain social stability and public
order, and protect assemblies, processions and demonstrations held in
compliance with law from disturbance, attack or disruption by anybody by
violence, coercion or any other illegal means.
Article 3 Public places in the open air mentioned in Article 2 of the
Law on Assemblies, Processions and Demonstrations mean open-air public places
that the public may enter freely or by ticket, not including interior open-air
places administrated by state organs, public organizations, enterprises or
institutions; public roads mean those on both land and water except interior
roads specially used by state organs, public organizations, enterprises or
institutions.
Article 4 Recreational or sports activities, normal religious activities
and traditional folk events shall be subject to the administration by the
people's governments at various levels or relevant competent departments in
accordance with relevant laws, regulations and other relevant state
provisions.
Article 5 Weapons as mentioned in the Law on Assemblies, Processions and
Demonstrations mean various firearms and ammunition and other weapons which
may be used to do personal injury; controlled cutting tools mean daggers,
triangular swords, spring swords and other swords controlled in accordance
with law; explosives mean all explosive substances with explosive force and
destructiveness that may cause personal injuries or deaths or property
damages in a flash.
No weapons, controlled cutting tools or explosives as mentioned in the
preceding paragraph shall be carried on in assemblies, processions or
demonstrations, or transported to the localities where assemblies,
processions or demonstrations are held.
Article 6 If any activities are held without prior applications under
Paragraph 2, Article 7 of the Law on Assemblies, Processions and
Demonstrations, the traffic and social order shall be maintained.
Article 7 Assemblies, processions and demonstrations shall be governed
by the municipal public security bureaus, county public security bureaus or
municipal public security sub-bureaus in the localities where the assemblies,
processions or demonstrations are held.
If the route of a procession or demonstration covers two or more Article 8 There must be a person(s) responsible for the holding of an Persons coming under any of the following categories shall not be a (1) persons having no capacity for legal conduct or persons with limited (2) convicted persons serving their sentences; (3) persons undergoing rehabilitation through labor; or (4) persons under criminal compulsory measures or other legal measures Article 9 For holding of an assembly, a procession or a demonstration, When submitting an application in writing, the person responsible for the Article 10 Upon the receipt of an application for assembly, procession The decision shall be served on the person responsible two days before If there is a prior appointment on the serving time and place, and the Article 11 If an application is made for an assembly, procession or If one or both parties notified by the competent public security organ to Article 12 Pursuant to the provisions of Article 15 of the Law on Article 13 If it decides to grant permission after receiving an (1) the time for the holding of the assembly, procession or demonstration (2) the place or route for the assembly, procession or demonstration (3) the place for the assembly, procession or demonstration applied for (4) the motor-vehicles to be used are not in compliance with provisions (5) at the time and place for the assembly, procession or demonstration (6) with regard to the time, place and route for the assembly, procession If the competent public security organ decides to grant permission and If, after permission has been granted, at the place for the assembly, Article 14 If the person responsible for the assembly, procession or Article 15 If the person responsible for an assembly, procession or If, after receiving the competent public security organ's decision Article 16 If an assembly, procession or demonstration is held or Article 17 With respect to an assembly held in compliance with law, With respect to a procession or demonstration held in compliance with Article 18 The people's police responsible for maintaining traffic and Article 19 If it becomes impossible for a procession on the march to Article 20 There shall be clear marks for the temporary security lines Article 21 The peripheral distance from a place within which no When determining a peripheral distance from a place within which no Article 22 The person responsible for an assembly, procession or If the person responsible for an assembly, procession or demonstration Article 23 Pursuant to the provisions of Article 27 of the Law on Article 24 Those refusing or obstructing the people's police who are If someone violates Article 5 of these Regulations but the circumstances Article 25 Those whose criminal responsibilities shall be investigated Article 26 With respect to those being detained under Article 33 of the Article 27 If someone should be given an administrative penalty for Article 28 With respect to those who are taken away from the spot by Article 29 If, in an assembly, procession or demonstration, someone Article 30 These Regulations shall be applicable to assemblies, If there is a foreigner(s) wishing to participate in an assembly, Article 31 Measures formulated by the standing committee of the people's Article 32 The Ministry of Public Security shall be responsible for Article 33 These Regulations shall enter into force on the date of
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districts or counties within a same municipality directly under the central
government, a same municipality under the provincial or autonomous regional
government, or a same prefecture under the provincial or autonomous regional
government, the procession or demonstration shall be governed by the
municipal public security bureau or the prefecture public security
department; if the route of a procession or demonstration covers two or more
municipalities under the provincial government, municipalities under the
autonomous regional government, or prefectures, within a same province or
autonomous region, the procession or demonstration shall be governed by the
provincial or autonomous regional public security department; if the route of
a procession or demonstration covers two or more provinces, autonomous
regions or municipalities directly under the central government, the
procession or demonstration shall be governed by the Ministry of Public
Security or the public security department of the province, autonomous
region or municipality directly under the central government authorized by
the Ministry of Public Security.
Chapter II Application and Permission for Assemblies, Processions and
Demonstrations
assembly, procession or demonstration.
person responsible for the holding of an assembly, procession or
demonstration:
capacity for legal conduct;
restricting personal freedom.
the person responsible must personally submit an application in writing to
the competent public security organ stipulated in Article 7 of these
Regulations. The competent public security organ shall not entertain an
application if it is not submitted personally by the person responsible.
holding of the assembly, procession or demonstration shall produce his
identity card or other valid certificates, and fill in the application and
registration form truthfully.
or demonstration, the competent public security organ shall make timely
examination and, within the stipulated period, render a decision in writing
to grant or not to grant permission. The permitted matters or reasons why no
permission is given shall be stated in the decision.
the date of assembly, procession or demonstration, with the person
responsible signing the receipt. If the person responsible refuses to receipt
the decision, the person serving the decision shall ask representatives from
the grass-roots organization in location of the person responsible or other
persons as witnesses to appear on the scene, explain the situation to them,
and record on the receipt the reasons for refusal and the date of it. After
the person serving the decision and the witnesses have affixed their
signatures to the receipt, the decision shall be left at the place of the
person responsible and the service shall be deemed completed.
service cannot be completed because the person responsible fail to appear at
the appointed place within the appointed time limits, it shall be deemed that
the application has been withdrawn; failure by the competent public security
organ to make service at the appointed place within the appointed time limits
shall be deemed as the granting of permission.
demonstration which will press for the settlement of specific issues, the
competent public security organ shall, within two days of receiving the
application, issue a Notice of Consultation on Specific Issues respectively
to the person responsible for the assembly, procession or demonstration and
the departments or units concerned and, if necessary, to the competent
authority to the departments or units concerned. The departments or units
concerned and the person responsible for the assembly, procession or
demonstration shall conduct consultation within two days from the next day of
the day on which the Notice of Consultation on Specific Issues issued by the
public security organ is received. If an agreement is reached through
consultation, the agreement signed by the persons responsible of the two
sides shall be submitted in time by the departments or units concerned to the
competent public security organ; if no agreement is reached or no
consultation has been taken within two days from the next day of the day on
which the Notice of Consultation on Specific Issues is received, and the
applicant insists on the holding of assembly, procession or demonstration,
the departments or units concerned shall inform the competent public security
organ of the situation in good time, and the latter shall, in accordance with
the provisions of Article 10 of these Regulations, make a decision to grant
or not to grant permission without delay.
conduct consultation on specific issues are in towns or cities other than
where the competent public security organ is, the stipulated period for
serving or sending a Notice of Consultation on Specific Issues, an agreement
reached through consultation or a notice that no agreement has been reached,
shall not include the starting day of the serving or sending nor the period
within which the notice or the agreement is on the way.
Assemblies, Processions and Demonstrations, no citizens shall, in a city
other than his place of residence, start, organize or participate in an
assembly, procession or demonstration of local citizens. The place of
residence in that article means a place where a citizen has his permanent
residence registration or a place where a citizen has his preliminary
residence registration and has been residing for six months or more without
interruption.
application for an assembly, procession or demonstration, the competent
public security organ may, under any of the following circumstances, make
changes to the time, place or route of the assembly, procession or
demonstration, and inform the person responsible thereof in good time:
applied for falls on traffic rush hours, and a serious and long-time traffic
jam may be caused;
applied for is under construction and without traffic capacity;
is a ferry crossing or a railway-road junction, or near the country's
boundaries(borders);
concerning road maintenance;
applied for, there will be important activities of national affairs; or
or demonstration applied for, a permission has been granted to other people
applying for an assembly, procession or demonstration.
considers that it is necessary to make changes to the time, place or route of
the assembly, procession or demonstration, it shall state the changes in its
decision.
procession or demonstration applied for or along the route thereof, natural
or public security calamity has occurred, the relief work is being
undertaken, and it is impossible to resume normal order before the date on
which the assembly, procession or demonstration is to be held, the competent
public security organ may make changes to the time, place or route for the
assembly, procession or demonstration, and shall, before the date applied
for, service a Decision on Changing Matters Related to Assembly, Procession
or Demonstration on the person responsible for the assembly, procession or
demonstration.
demonstration refuses to accept the competent public security organ's
no-permission decision, he may apply to the people's government at the same
level for reconsideration within three days of receiving the decision. The
people's government shall, within three days of receiving the reconsideration
application, make a reconsideration decision to affirm or annul the competent
public security organ's decision, and service an Reconsideration Decision on
Assembly, Procession or Demonstration on the person responsible for the
assembly, procession or demonstration as well as the competent public
security organ who make the original decision. The competent public security
organ and the person responsible for the assembly, procession or
demonstration must implement the reconsideration decision made by the
people's government.
demonstration withdraws his application after submitting it and before
receiving a notice of the competent public security organ, he shall go
through the withdrawal procedure in good time with the competent public
security organ entertaining the application.
granting permission or the people's government's reconsideration decision
granting permission, the person responsible for an assembly, procession or
demonstration decides not to hold the assembly, procession or demonstration,
he shall, before the date on which the assembly, procession or demonstration
is originally to be held, return the decision or reconsideration decision to
the relevant competent public security organ or people's government.
participated in in the name of a state organ, a public organization, an
enterprise or an institution, the person responsible must, submit a
certification with the signature of the leader of the state organ, public
organization, enterprise or institution and the official seal affixed,
in addition to an application.
Chapter III The Holding of Assemblies, Processions and Demonstrations
the public security organ shall, in the light of the actual needs, dispatch
the people's police to maintain order and ensure the smooth progress of the
assembly.
law, the people's police responsible for maintaining order shall, along the
route or at the location of the procession or demonstration as permitted by
the competent public security organ, relieve traffic congestion, protect the
procession or demonstration order from any disturbance or disruption and, if
necessary, may temporarily exercise flexibility in their execution of the
relevant provisions of traffic regulations, and ensure the smooth progress of
the procession or demonstration.
social order shall be unifiedly commanded by the on-the-spot person in charge
appointed by the competent public security organ. The on-the-spot person in
charge of the people's police shall keep in touch with the person responsible
for the assembly, procession or demonstration.
follow the permitted route because of the occurrence of natural calamity,
traffic accident or other public security calamity on the way ahead, the
occurrence of serious conflicts and chaos between the marchers or the marchers
and the onlookers, or the occurrence of any other unexpected circumstances,
the on-the-spot person in charge of the people's police shall have the
authority to change the route of the procession.
established by the competent public security organ and, if necessary,
barriers may be placed.
assembly, procession or demonstration may be held as mentioned in Article 23
of the Law on Assemblies, Processions and Demonstrations means the radiate
distance from the periphery of the building at that place; in the case of
enclosing walls or railings, the peripheral distance shall be measured from
the periphery of the enclosing walls or railings. The specific peripheral
distance from a place within which no assembly, procession or demonstration
may be held shall be stipulated and published by the people's government of
the province, autonomous region or municipality directly under the central
government.
assembly, procession or demonstration may be held, the people's governments
of province, autonomous region or municipality directly under the central
government shall take consideration of both the security and order of the
place and the convenience for the holding of the assembly, procession or
demonstration.
demonstration must be responsible for keeping the order of the assembly,
procession or demonstration, and shall dissuade other persons from joining
the assembly, procession or demonstration; in case of failure of dissuasion,
he shall promptly report it to the on-the-spot people's police responsible
for maintaining order. The people's police shall make those persons stop
upon receipt of the report.
appoints persons to assist the people's police in keeping order, he shall,
before the holding date, submit a model of the identification mark to be worn
by persons appointed to the competent public security organ for record.
Assemblies, Processions and Demonstrations, the people's police has the
authority to stop an assembly, procession or demonstration that is being
held, if it is illegally held or a situation which endangers public security
or seriously undermines public order emerges in the course of the activity.
In case of failure of dissuasion and it is necessary to order a dismissal,
the people's police shall, through broadcast, shouting propaganda or by other
clear methods, tell people on the spot to leave the spot through the
designated passage within the specified time limits. If someone refuses to
leave within the specified time limits, the on-the-spot person in charge of
the people's police shall have the authority to order, in accordance with
relevant state provisions, the adoption of police weapons or other police
instruments to force a dismissal; those continuing to stay on the spot may
be taken away from the spot be force or be detained at once.
Chapter IV Legal Responsibility
carrying out their functions of maintaining traffic and social order
according to law shall be given an administrative penalty in accordance with
relevant provisions of the Regulations on Administrative Penalties for Public
Security; if a crime is constituted, the criminal responsibility shall be
investigated.
are not serious enough to constitute a crime, he shall be given an
administrative penalty in accordance with relevant provisions of the
Regulations on Administrative Penalties for Public Security.
under Article 29 or 30 of the Law on Assemblies, Processions and
Demonstrations shall be handled by the competent public security organ
of the holding place in accordance with the procedures stipulated by the
Criminal Procedure Law.
Law on Assemblies, Processions and Demonstrations, the public security organ
shall make interrogation within twenty-four hours; for those who should be
sent back, the competent public security organ of the place of action shall
make a Decision on Sending back by Force, and assign a policeman(men) to
carry out the decision. The policeman(men) assigned shall take the person in
question back to his place of residence and turn them together with the
Decision on Sending back by Force over to the public security organ of the
residence place of the person for handling according to law.
public security in accordance with Article 28 or 30 of the Law on Assemblies,
Processions and Demonstrations or Article 24 of these Regulations, the
penalty shall be decided and carried out by the public security organ of
place of action in accordance with the procedures stipulated in the
Regulations on Administrative Penalties for Public Security. If the penalized
person refuses to accept the penalty decision, he may apply for
reconsideration; if he refuses to accept the reconsideration decision made by
the public security organ at higher level, he may institute a law suit with
the people's court in accordance with relevant provisions of law.
force or those who are detained at once under Article 27 of the Law on
Assemblies, Processions and Demonstrations, the public security organ shall
make interrogation within twenty-four hours. If no legal responsibility is to
be investigated, the person in question shall be ordered to make statement of
repentance and then be released; if legal responsibility is to be
investigated, matters shall be handled in accordance with relevant provisions
of law.
destroys private or public property or infringes upon other persons' privacy
resulting in personal injuries or deaths, he shall bear the compensation
responsibility in accordance with law. In the case of administrative penalty
for public security, the public security organ of the place of action shall,
in accordance with relevant provisions of the Regulations on Administrative
Penalties for Public Security, rule on the amount of compensation and the
bearing of expenses for medical treatment; in the case of crime, an
incidental civil action shall be instituted.
Chapter V Supplementary Provisions
processions and demonstrations held by foreigners within the territory of
China.
procession or demonstration held by Chinese citizens within the territory of
China, the person responsible for the assembly, procession or demonstration
shall state the matters in the application; foreigners may not participate
without approval by the competent public security organ.
congress of a province, autonomous region or municipality directly under the
central government for implementation of the Law on Assemblies, Processions
and Demonstrations shall be applicable within its own administrative region;
in case of any discrepancy between those measures and these Regulations,
these regulations shall prevail.
interpreting issues arising from the implementation of these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfiotapad790