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1985

RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

Resolution of the Standing Committee of the National People’s Congress Approving the Supplementary Provisions of the State Council
for Rehabilitation Through Labour

     (Effective Date:1979.11.29–Ineffective Date:)

The 12th Meeting of the Standing Committee of the Fifth National People’s Congress on November 29, 1979 resolves to approve the Supplementary
Provisions of the State Council for Rehabilitation Through Labour which shall be promulgated for implementation by the State Council.

APPENDIX I:

SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

(Approved at the 12th Meeting of the Standing Committee of the National People’s Congress and promulgated for implementation by the
State Council on November 29, 1979)

The following supplementary provisions are made with a view to better enforcing the Decision of the State Council Regarding the Question
of Rehabilitation Through Labour, approved by the 78th Meeting of the Standing Committee of the First National People’s Congress
on August 1, 1957:

1. Administrative committees for rehabilitation through labour shall be established by the people’s governments of the provinces,
autonomous regions, and municipalities directly under the Central Government, and of large and medium-sized cities, and shall be
composed of the persons responsible for civil affairs, public security and labour departments. They shall be responsible for directing
and administering the work of rehabilitation through labour.

2. Those people in large and medium-sized cities who need to be rehabilitated through labour shall be interned for the purpose of
rehabilitation. The administrative committees for rehabilitation through labour of the provinces, autonomous regions, and municipalities
directly under the Central Government, and of large and medium-sized cities, shall be responsible for examining and approving those
who need such rehabilitation.

3. The term of rehabilitation through labour shall be one to three years. When necessary, it may be extended for one more year. Rest
shall be allowed on festivals and Sundays.

4. After their release, persons who have undergone rehabilitation through labour shall not be discriminated against in employment
and enrollment in schools. Their families including children shall not be subjected to discrimination.

5. The people’s procuratorates shall exercise supervision over the activities of the organs in charge of rehabilitation through labour.

APPENDIX II: DECISION OF THE STATE COUNCIL REGARDING THE QUESTION OF REHABILITATION THROUGH LABOUR

(Approved at the 78th Meeting of the Standing Committee of the National People’s Congress on August 1, 1957)

The following decision regarding the question of rehabilitation through labour is made in accordance with the provisions of Article
100 of the Constitution of the People’s Republic of China and with a view to reforming those persons who are able to work but insist
on leading an idle life, violating law and discipline, or will not engage in honest pursuits, into persons who are able to support
themselves through their own labour, and to further maintaining public order, thus facilitating socialist construction:

1. Persons of the following categories shall be interned for rehabilitation through labour:

(1) those who will not engage in honest pursuits, involve themselves in hooliganism, commit larceny, fraud or other acts for which
they are not criminally liable or violate public security rules and refuse to mend their ways despite repeated admonition;

(2) counterrevolutionaries and anti-socialist reactionaries who commit minor offences and are not criminally liable and who have been
given sanctions of expulsion by government organs, people’s organizations, enterprises or schools, and as a result have difficulty
in making a living;

(3) employees of government organs, people’s organizations, enterprises and schools who are able-bodied, but have refused to work
for a long period, violated discipline or jeopardized public order, and have been given sanctions of expulsion, and as a result have
difficulty in making a living; or

(4) persons who refuse to accept the work assigned to them or the arrangement made for their employment and settlement after their
demobilization from military service, or who decline to take part in manual labour and production despite persuasion, keep behaving
disruptively on purpose, obstruct public officials from performing their duties and refuse to mend their ways despite repeated admonition.

2. Rehabilitation through labour is a measure whereby education and reform are mandatorily imposed on persons who are interned for
rehabilitation through labour, and is also a measure to resettle them and provide employment for them.

Persons undergoing rehabilitation through labour shall be appropriately paid with wages according to the actual work they do; a suitable
amount may be deducted from their wages for the support of their dependents or reserved for their own expenses in settling down to
a stable life.

Persons undergoing rehabilitation through labour must abide by the discipline prescribed by the organs in charge of rehabilitation
through labour. Those who violate discipline shall be given administrative sanctions and those who commit criminal offences shall
be punished according to law.

For the education and management of the persons undergoing rehabilitation, the policy of combining labour and production with political
education shall be adopted, and disciplinary rules and regulations shall be prescribed for such persons to strictly observe. Help
shall be given to them in cultivating their consciousness of loving the country, abiding by the law and regarding work as a matter
of honour, in learning skills of labour and production, and in fostering a habit of loving manual labour so that they may be turned
into working people who take part in socialist construction and who support themselves by their own labour.

3. Petitions for persons to be interned for rehabilitation through labour shall be presented by departments of civil affairs or public
security, by the units such persons belong to, which may be government organs, people’s organizations, enterprises, schools, etc.,
or by their parents or guardians and shall be approved by the people’s councils of provinces, autonomous regions, and municipalities
directly under the Central Government or by organs authorized by these people’s councils.

4. If, in the course of their rehabilitation, persons undergoing rehabilitation through labour have mended their ways and are qualified
for employment, they may be provided with other employments upon the approval of the organs in charge of rehabilitation through labour;
if the units, parents or guardians who have previously petitioned for the persons concerned to be interned for rehabilitation through
labour present another petition requesting that such persons be turned over to them for education and supervision, the organs in
charge of rehabilitation through labour may also approve such petitions according to the actual conditions.

5. Organs in charge of rehabilitation through labour shall be established at the level of provinces, autonomous regions, and municipalities
directly under the Central Government or established with the approval of the people’s councils of provinces, autonomous regions,
and municipalities directly under the Central Government. The work of the organs in charge of rehabilitation through labour shall
be under the joint leadership and administration of the departments of civil affairs and public security.

    





CATALOGUE OF FOREIGN-RELATED LAW ANNULLED FORMALLY FROM TO BY THE NATIONAL PEOPLE’S CONGRESS AND ITS STANDING COMMITTEE

Category  CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1998-12-31 Effective Date  1998-12-31  


A Catalogue of Foreign-Related Law Annulled Formally from 1979 to 1998 by the National People’s Congress and its Standing Committee



(December 31, 1998)

    REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONSOLIDATED
INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
(Adopted at the 101st Meeting of the Standing Committee of the National
People’s Congress on September 11, 1958, Promulgated by the State Council
on September 13, 1958)

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ARREST AND DETENTION
(Adopted at the Sixth Meeting of the Standing Committee of the Fifth National
People’s Congress on February 23, 1979, promulgated for implementation by
Order No.1 of the Standing Committee of the National People’s Congress on
February 23, 1979)

ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 11th Meeting of the Standing Committee of the Fifth National
People’s Congress on September 13, 1979, promulgated by Order No.2 of the
Chairman of the Standing Committee of the National People’s Congress on
September 13, 1979)

INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON LAWYERS
(Adopted at the 15th Meeting of the Standing Committee of the Fifth National
People’s Congress on August 26, 1980, promulgated by Order No.5 of the
Standing Committee of the National People’s Congress on August 26, 1980)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR FOREIGN ENTERPRISES
(Adopted at the Fourth Session of the Fifth National People’s Congress on
December 13, 1981, promulgated by Order No.13 of the Chairman of the Standing
Committee of the National People’s Congress on December 13, 1981)

CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 22th Meeting of the Standing Committee of the Fifth National
People’s Congress on March 8, 1982, promulgated by Order No.8 of the Standing
Committee of the National People’s Congress on March 8, 1982)

FOOD HYGIENE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL IMPLEMENTATION)
(Adopted at the 25th Meeting of the Standing Committee of the Fifth National
People’s Congress on November 19, 1982, promulgated by Order No.12 of the
Standing Committee of the National People’s Congress on November 19, 1982)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CHINESE-FOREIGN
EQUITY JOINT VENTURES
(Adopted at the Third Session of the Fifth National People’s Congress on
September 10, 1980, amended by the decision of the Second Meetingof the
Standing Committee of the Sixth National of People’s Congress on September 2,
1983)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS
WHO SERIOUSLY ENDANGER PUBLIC SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress on September 2, 1983, promulgated by Order No.4 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES
(Adopted at the Sixth Meeting of the Standing Committee of the Sixth National
People’s Congress on July 7, 1984, promulgated by Order No.15 of the
President of the People’s Republic of China on July 7, 1984)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE
ECONOMY
(Adopted at the 22nd Meeting of the Standing Committee of the Fifth
National People’s Congress on March 8, 1982)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC
SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for implementation by Order No.3 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.62 of the
President of the People’s Republic of China on January 21, 1988)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF EMBEZZLEMENT AND BRIBERY
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.63 of the
President of the People’s Republic of China on January 21, 1988)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF DIVULGING STATE SECRETS
(Adopted at the Third Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF CATCHING OR KILLING
PRECIOUS AND ENDANGERED SPECIES OF WILDLIFE UNDER SPECIAL STATE PROTECTION
(Adopted at the Fourth Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated for enforcement by Order No.10 of
the President of the People’s Republic of China on November 8, 1988)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMES OF DESECRATING THE NATIONAL FLAG AND THE NATIONAL
EMBLEM OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 14th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 28, 1990, promulgated by Order No.29 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of June 28, 1990)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING
SITES OF ANCIENT CULTURE OR ANCIENT TOMBS
(Adopted at the 20th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMINALS ENGAGED IN AIRCRAFT HIJACKING
(Adopted at the 29th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 28, 1992, promulgated by Order No. 67 of the
President of the People’s Republic of China on December 28, 1992, and
effective as of December 28, 1992)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING PUNISHING CRIMES OF COUNTERFEITING REGISTERED TRADEMARKS
(Adopted at the 30th Meeting of the Standing Committee of the Seventh National
People’s Congress on February 22, 1993, promulgated by Order No. 70 of the
President of the People’s Republic of China on February 22, 1993 and effective
as of July 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF PRODUCTION AND SALE OF FAKE OR SUBSTANDARD
COMMODITIES
(Adopted at the Second Meeting of the Standing Committee ofthe Eighth National
People’s Congress on July 2, 1993, promulgated by Order No.7 of the President
of the People’s Republic of China on July 2, 1993 and effective as of
September 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF INFRINGING COPYRIGHT
(Adopted at the Eighth Meeting of the Standing Committee of the Eighth
National People’s Congress, promulgated by Order No.30 of the President of
the People’s Republic of China and effective as of July 5, 1994)

DECISION ON THE PUNISHMENT OF CRIMES VIOLATING THE COMPANY LAW
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National
People’s Congress on February 28, 1995 and promulgated by Order No.41 of the
President of the People’s Republic of China on February 28, 1995)

Law of the People’s Republic of China on Economic Contracts Involving
Foreign Interest
(Adopted at the Tenth Session of the Standing Committee of the Sixth
National People’s Congress, promulgated by Order No. 22 of the President of
the People’s Republic of China on March 21, 1985)





SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

REGULATIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR CONTROL OVER BAGGAGE OF PASSENGERS COMING FROM OR GOING TO HONG KONG AND MACAO

REGULATIONS ON ARREST AND DETENTION

Regulations of the PRC on Arrest and Detention

     (Effective Date:1979.02.23–Ineffective Date:)

   Article 1. These Regulations are formulated in accordance with the provisions of Articles 18 and 47 of the Constitution of the People’s Republic
of China, in order to safeguard the socialist system, maintain public order, punish crimes, uphold citizens’ freedom of the person
and protect their homes against any violation.

   Article 2. No citizen of the People’s Republic of China may be arrested except by decision of a people’s court or with the approval of a people’s
procuratorate.

   Article 3. When it is necessary to arrest an offender the principal facts of whose crime have already been clarified and who could be sentenced
to a punishment of not less than imprisonment, he shall be immediately arrested by decision of a people’s court or with the approval
of a people’s procuratorate.

If an offender liable to arrest is gravely ill or is a woman who is pregnant or is breast-feeding her own child, an alternative measure
may be adopted to allow the offender to obtain a guarantor pending trial or live at home under surveillance.

   Article 4. The arrest of an offender, as decided by a people’s court or approved by a people’s procuratorate, shall be carried out by a public
security organ.

When a public security organ demands the arrest of an offender, it shall obtain the approval of a people’s procuratorate.

   Article 5. When a public security organ arrests an offender, it must hold an arrest warrant and announce the arrest to the person to be arrested.
Within 24 hours after the arrest, the public security organ, the people’s procuratorate or the people’s court shall notify the family
of the arrested person of the reason for arrest and the place of custody, except where notification would hinder the investigation
or there is no way to notify them.

   Article 6. In any of the following emergency circumstances, a public security organ may first detain a major suspect or an active criminal who,
on the basis of his crime, should be arrested:

(1) if he is in the process of preparing to commit a crime, is committing a crime or is discovered immediately after committing a
crime;

(2) if he is identified as having committed a crime by the victim or by an eyewitness;

(3) if he is found to have criminal evidence on his person or at his residence;

(4) if after committing a crime, he attempts to commit suicide or to escape or is already a fugitive;

(5) if he may possibly destroy or falsify evidence, or collude with others to devise a consistent story;

(6) if his identity is unclear and there is strong suspicion that he is a person who goes from place to place committing crimes; or

(7) if he is engaged in beating, smashing, looting or raiding and is gravely undermining work, production or public order.

   Article 7. Any citizen may forthwith seize the following offenders and deliver them to a public security organ, a people’s procuratorate or
a people’s court for handling:

(1) a person who is in the process of committing a crime or is discovered immediately after committing a crime;

(2) a person who is wanted for arrest;

(3) a person who has escaped from prison; or

(4) a person who is being pursued for arrest.

   Article 8. In cases where a public security organ considers it necessary to arrest an offender whom it has detained, it shall, within three
days of detention, give notice to the people’s procuratorate at the same level of the facts and evidence related to the crime of
the detained person. Under special circumstances, the time of detention may be extended for four more days. The people’s procuratorate
shall decide whether or not to approve arrest within three days after receiving the notice. In cases where the people’s procuratorate
decides not to approve arrest, the public security organ shall, immediately after being notified of the decision, release the detained
person and issue him a release certificate.

If the public security organ or the people’s procuratorate has not handled a matter in accordance with the provisions of the preceding
paragraph, the detained person and his family have the right to demand his release, and the public security organ or the people’s
procuratorate shall immediately release him.

   Article 9. In dealing with offenders who resist arrest or detention, the personnel carrying out the arrest or detention may take proper coercive
measures and may use weapons when necessary.

   Article 10. In order to look for criminal evidence when arresting or detaining an offender, the public security organ may conduct a search of
his person, articles and residence and other relevant places. If it suspects any other person of hiding the offender or concealing
criminal evidence, it may also conduct a search of that person, his articles and residence and other relevant places. Except in emergency
situations, the public security organ must have a search warrant during a search.

During a search, the person being searched or his family members, as well as his neighbours or other witnesses shall be present. After
the search, a record shall be made of the circumstances of the search and of any physical evidence of the crime seized. The record
shall be signed by the person searched or his family members, by his neighbours or other witnesses, and by the personnel conducting
the search. If the person to be searched or his family members are fugitives or refuse to sign, this shall be noted in the record.

   Article 11. When a people’s court, a people’s procuratorate or a public security organ considers it necessary to seize the mail and telegrams
of an arrested or detained offender, they may notify the postal and telecommunications organs to do so.

   Article 12. The people’s court, the people’s procuratorate or the public security organ must conduct interrogation of the arrested or detained
offender within 24 hours of his arrest or detention. If it is discovered that he should not have been arrested or detained, he must
immediately be released and issued a release certificate.

   Article 13. The people’s procuratorate shall investigate and deal with persons responsible for any unlawful arrest, detention or search of a
citizen. Where such unlawful action has been taken for the purpose of frame-up, retaliation, taking bribes or other personal aims,
criminal responsibility shall be investigated.

   Article 14. The provisions of these Regulations are not applicable to detentions executed by the public security organs as administrative sanctions
against citizens who have violated the security administration rules.

   Article 15. These Regulations shall go into effect on the day of their promulgation. The Regulations on Arrest and Detention of the People’s
Republic of China promulgated on December 20, 1954 shall be invalidated simultaneously.

    





12Page 2 of 2

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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