Home China Laws 1995 ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

Law of the PRC on Assemblies,Processions and Demonstrations

    

(Adopted at the Tenth Meeting of the Standing Committee of the Seventh National People’s Congress on October 31, 1989,
promulgated by Order No.20 of the President of the People’s Republic of China on October 31, 1989 and effective as of the same
date)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II APPLICATION AND PERMISSION FOR ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

CHAPTER III THE HOLDING OF ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

CHAPTER IV LEGAL RESPONSIBILITY

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. Pursuant to the Constitution, this Law is enacted to safeguard citizens’ exercise of their right to assembly, procession
and demonstration according to law and to maintain social stability and public order.

   Article 2. This Law shall apply to assemblies, processions and demonstrations held within the territory of the People’s
Republic of China.

The term ” assembly ” used in this Law means an activity in which people gather at a public place in the open air to
express views or aspirations.

The term ” procession ” used in this Law means an activity in which people line up for a march along a public road or
across a public place in the open air to express their common aspirations.

The term ” demonstration ” used in this Law means an activity in which people express their common aspirations, including
demands, protests, support or moral support, in the manner of an assembly, a procession, a sit in, etc., at a public place
in the open air or along a public road.

This Law shall not apply to recreational or sports activities. normal religious activities or traditional folk events.

   Article 3. The citizen’ exercise of their right to assembly, procession and demonstration shall be safeguarded by the people’s governments
at all levels in accordance with the provisions of this Law.

   Article 4. In exercising their right to assembly, procession and demonstration, citizens must abide by the Constitution and
the laws, shall not oppose the cardinal principles specified in the Constitution and shall not impair state, public
or collective interests or the lawful freedoms and rights of other citizens.

   Article 5. An assembly, a procession or a demonstration shall be held in a peaceful manner; no weapons, controlled cutting tools or
explosives shall be carried, and no violence employed.

   Article 6. The competent authorities governing assemblies, processions and demonstrations shall be the municipal public security
bureaus, county security bureaus or municipal public security sub-bureaus in the localities where the assemblies, processions
and demonstrations are held; if the route of a procession or demonstration cuts through two or more districts
or counties, the competent authorities thereof shall be the public security organ at the next higher level to the
public security organs in such districts or counties.

CHAPTER II APPLICATION AND PERMISSION FOR ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

   Article 7. For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained
from the competent authorities in accordance with the provisions of this Law.

It shall not be necessary to apply for the following activities:

(1) celebrations or commemorative activities held by the state or by state decisions; and

(2) assemblies held by state organs, political parties, public organizations, enterprises or institutions
in accordance with law or the relevant articles of association.

   Article 8. There must be a person or persons responsible for the holding of an assembly, a procession or a demonstration.

For the holding of an assembly, a procession or a demonstration for which an application has to be made under
this Law, the responsible person(s) must submit an application in writing to the competent authorities five days prior
to the date of the activity. The application shall specify the purposes of the assembly, procession or demonstration,
how it is going to be conducted, the posters and slogans to be used, the number of participants, the number
of vehicles, the specifications and quantities of the sound facilities to be used, the starting and finishing time,
the places (including places where the participants assemble and disperse), the route, and the name(s), occupation(s) and
address(es) of the person(s) responsible for the assembly, procession or demonstration.

   Article 9. After receiving an application for an assembly, a procession or a demonstration, the competent authorities shall inform the
responsible person(s) in writing of their decision to grant or not to grant permission two days prior to the date of
the activity applied for. If no permission is granted, the reasons thereof shall be given. Failure to serve notice within the
time limit shall be construed as the granting of permission.

If an assembly, a procession or a demonstration is truly necessitated by unexpected occurences, a report
must be made immediately to the competent authorities; upon receiving the report, the competent authorities shall immediately
examine it and decide to grant or not to grant permission.

   Article 10. If an application is made for an assembly, a procession or a demonstration which will press for the settlement of specific
issues, the competent authorities may, after receiving the application, inform the departments or units concerned
to resolve such issues through consultation with the person(s) responsible for the assembly, procession
or demonstration, and may also postpone for five days the starting date specified in the application.

   Article 11. If the competent authorities are of the opinion that the holding of an assembly, a procession or a demonstration at
the time or place or along the route specified in the application will seriously affect traffic and public order, they
may, upon or after granting permission, change the time, place or route and inform the responsible person(s) of the change
in good time.

   Article 12. No permission shall be granted for an application for an assembly, a procession or a demonstration which involves one
of the following circumstances:

(1) opposition to the cardinal principles specified in the Constitution;

(2) harming the unity, sovereignty and territorial integrity of the state;

(3) instigation of division among the nationalities; or

(4) the belief, based on sufficient evidence, that the holding of the assembly, procession or demonstration that
is being applied for will directly endanger public security or seriously undermine public order.

   Article 13. If the person(s) responsible for an assembly, a procession or a demonstration does not accept the competent authorities’
decision not to grant permission, he may apply to the people’s government at the same level for reconsideration within
three days of receiving the notice on the decision, and the people’s government shall make a decision within three days
of receiving the application for reconsideration.

   Article 14. The person(s) responsible for an assembly, a procession or a demonstration may withdraw his application after submitting
it and before receiving a notice of the competent authorities; if a decision is made to call off the assembly,
procession or demonstration after receipt of the competent authorities’ notice on the granting of
permission, the responsible person(s) concerned shall inform the competent authorities of the decision in
good time and dismiss the participants if they have assembled.

   Article 15. No citizens shall, in a city other than his place of residence, start, organize or participate in an assembly, a procession
or a demonstration of local citizens.

   Article 16. No functionary of a state organ shall organize or participate in an assembly, a procession or a demonstration
which contravenes the functions and obligations of functionaries of state organs as prescribed in relevant laws
and regulations.

   Article 17. If anyone organizes or participates in an assembly, a procession or a demonstration in the name of a state
organ, a public organization, an enterprise or an institution, he must first obtain approval from its leaders.

CHAPTER III THE HOLDING OF ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

   Article 18. With respect to an assembly, a procession or a demonstration held in compliance with law, the competent authorities
shall dispatch the people’s police to keep traffic and public order and ensure the smooth progress of the assembly, procession
or demonstration.

   Article 19. An assembly, a procession or a demonstration held in compliance with law shall not be disturbed, broken into or disrupted
by anybody by violence, coercion or any other illegal means.

   Article 20. In order to ensure the progress of a procession held in compliance with law, the people’s police responsible for keeping
traffic order may temporarily exercise flexibility in their execution of the relevant provisions of traffic regulations.

   Article 21. If it becomes impossible for a procession to follow the permitted route because of unexpected circumstances occurring
on the way, the chief police officer present at the scene shall have the authority to change the route of the procession.

   Article 22. If an assembly, a procession or a demonstration is held in or passes by places where state organs, military organs, radio
stations, television stations or foreign embassies or consulates are located, the competent authorities may,
with a view to keeping order, establish temporary security lines, which shall not be crossed without permission by the
people’s police.

   Article 23. No assembly, procession or demonstration shall be held within a peripheral distance of 10-300 metres from the following
places, with the exception of those approved by the State Council or the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government:

(1) premises of 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;

(2) places where state guests are staying;

(3) important military installations; and

(4) air harbours, railway stations and ports.

The specific peripheral distances from the places listed in the preceding paragraph shall be defined by the people’s
governments of provinces, autonomous regions and municipalities directly under the Central Government.

   Article 24. The time for holding an assembly, a procession or a demonstration shall be limited to 6 a.m.-10 p.m., with
the exception of those held by decision or approval of the local people’s governments.

   Article 25. An assembly, a procession or a demonstration shall be conducted in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places, routes and other matters for which permission has been granted.

The person(s) responsible for an assembly, a procession or a demonstration must assume responsibility for maintaining
the order thereof and strictly guard against participation by others.

The person(s) responsible for an assembly, a procession or a demonstration shall, when necessary, appoint special
personnel to assist the people’s police in maintaining order. The personnel responsible for the maintenance of
order shall wear identification marks.

   Article 26. The holding of an assembly, a procession or a demonstration shall not contravene the regulations on public security administration
and shall not involve criminal activities or the instigation of crimes.

   Article 27. The people’s police shall stop an assembly, a procession or a demonstration that is being held, if it involves one
of the following circumstances:

(1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application;

(2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places
and routes permitted by the competent authorities; or

(3) the emergence, in the course of the activity, of a situation which endangers public security or seriously undermines
public order.

If any of the circumstances specified in the preceding paragraph occurs and the instruction to stop the activity
is ignored, the chief officer of the people’s police present at the scene shall have the authority to order a dismission;
for those who refuse to dismiss, the chief police officer present at the scene shall have the authority to decide, in
accordance with relevant state provisions, on the adoption of necessary measures to force a dismission and to take away
from the scene by force those who refuse to obey or detain them at once.

If a participant in an assembly, a procession or a demonstration crosses the temporary security lines established in
accordance with the provisions of Article 22 of this Law, enters a certain peripheral space around the specific
places where no assemblies, processions and demonstrations shall be held as specified in Article 23 of this Law, or
commits other illegal or criminal acts, the people’s police may take him away from the scene by force or detain him
at once.

CHAPTER IV LEGAL RESPONSIBILITY

   Article 28. Those who commit acts in violation of public security administration in the process of an assembly, a procession
or a demonstration shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties
for Public Security.

The public security organ may punish by warning or by criminal detention of not more than 15 days the responsible
person(s) and the person(s) who is directly responsible, if an assembly, a procession or a demonstration that is
being held involves one of the following circumstances:

(1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application;
or

(2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places,
and routes permitted by the competent authorities, and disregard of instructions to stop acting without permission.

   Article 29. Any participant in an assembly, a procession or a demonstration who commits a crime shall be investigated for
criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Any participant in an assembly, a procession or a demonstration who carries weapons, controlled cutting tools or explosives
shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the
Criminal Law.

In a case where no application has been made for an assembly, a procession or a demonstration in accordance with
the provisions of this Law or no permission has been granted for the application or where it is conducted not in
accordance with the starting and finishing time, places and routes permitted by the competent authorities, while
the order of dismission is disobeyed and public order seriously undermined, the person(s) responsible for the assembly,
procession or demonstration and the person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 158 of the Criminal Law.

In a case where an assembly, a procession or a demonstration leads to the siege of a state organ or people breaking
into it, preventing it from conducting its business or state activities normally, the person(s) responsible for
the assembly, procession or demonstration and the person(s) who is directly responsible shall be investigated
for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.

In a case where an assembly, a procession or a demonstration leads to the occupation of public places, the interception
of vehicles or pedestrians or the gathering of crowds to block traffic, so that order at public places and traffic
order are seriously undermined, the person(s) responsible for the assembly, procession or demonstration and
the person(s) who is directly responsible shall be investigated for criminal responsibility in accordance with the provisions
of Article 159 of the Criminal Law.

   Article 30. Those who disturb, break into or undermine by other means an assembly, a procession or a demonstration held in
compliance with law may be punished by the public security organ by warning or by criminal detention of not more than
15 days; if the circumstances are serious and a crime is constituted, they shall be investigated for
criminal responsibility in accordance with the relevant provisions of the Criminal Law.

   Article 31. If a party refuses to accept the decision on punishment by detention made in accordance with the provisions of the second
paragraph of Article 28 or Article 30 of this Law, he may appeal to the public security organ at the next higher level
within five days of receiving the notice on the decision on punishment; the public security organ at the next higher
level shall make a decision within five days of receiving the appeal; if the party refuses to accept the decision
of the public security organ at the next higher level, he may institute proceedings in the people’s court within five days of
receiving the notice on the decision.

   Article 32. Anyone who, in the course of an assembly, a procession or a demonstration, damages public or private property or
causes injuries or deaths to others shall be liable for compensation according to law, apart from being
punished in accordance with the relevant provisions of the Criminal Law or the Regulations on Administrative Penalties
for Public Security.

   Article 33. If a citizen, in a city other than his place of residence, starts or organizes an assembly, a procession or a demonstration
by local citizens, the public security organ shall have the authority to detain him or send him back by force to his place
of residence.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 34. This Law shall apply to assemblies, processions and demonstrations held by foreigners within the territory of China.

Foreigners in the territory of China may not, without approval by the competent authorities, participate in an
assembly, a procession or a demonstration held by Chinese citizens.

   Article 35. The public security department under the State Council may, in accordance with this Law, formulate rules of implementation,
which shall go into effect after being submitted to and approved by the State Council.

The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under
the Central Government may, in accordance with this Law, formulate measures for implementation.

   Article 36. This Law shall enter into force on the date of promulgation.