China: Penalties imposed for crimes of "disturbing the social order" including obstructing public transportation, or leading an illegal strike; punishment imposed for refusing to fill in a "self-examination" form after having been charged with a criminal offence (1999)

Within the Criminal Law of the People's Republic of China (1997), Chapter VI deals with "Crimes of Disrupting the Order of Social Administration." Section 1 of Chapter VI, contains Articles 277 to 304, under the heading "Crimes of Disrupting Public Order." Three of these provisions could apply to the examples of obstructing public transportation, or leading an illegal strike:

Article 290.In cases where crowds are assembled to disturb public order with serious consequences; where the process of work, production, business, teaching, and scientific research are disrupted; and where serious losses have been caused, the ringleaders are to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; other active participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Assembling crowds to attack state organs, thus disrupting their operations and causing serious losses, the ringleaders are to be sentenced to not less than five years but not more than 10 years of fixed-term imprisonment; and other active participants are to be sentenced to not less than five year of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.

Article 291. In cases where a crowd is assembled to disturb order at stations, wharves, civil aviation stations, market places, public parks, theaters, exhibitions, sports grounds or other public places, or a crowd is assembled to block traffic or undermine traffic order, or resist or obstruct state security administration personnel who are carrying out their functions according to law, when the circumstances are serious, ringleaders are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control.

Article 296.Whoever holds an assembly, parade, demonstration without application in accordance with the law or without authorization after application, or does not carry it out in accordance with the beginning time and ending time, place, and road as permitted by authorities concerned, and refuses to obey an order to dismiss, thereby seriously sabotaging social order, those personnel who are in charge and those who are directly responsible are to be to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprived of political rights.

A 14 July 1999 list of imprisoned labour activists and unionists, published by the China Labour Bulletin, a Hong Kong-based organization that seeks to promote independent trade unionism in China, contains several examples of penalties imposed on persons convicted of  "disturbing the social order":

JIANGXI PROVINCE - Tu Guangwen was sentenced without trial to three years' re-education through labour on 19 February 1998 for organising a street protest by laid-off workers. The charges against Tu included "gathering a crowd to disrupt orderly traffic". It is not known where he is being held.

SICHUAN PROVINCE - Liu Dingkui, a railroad worker, and Yan Jinhong were sentenced administratively on 20 January 1999 to one and a half years' Re-education Through Labour for "disrupting social order". Liu and Yan had organised a 500-strong protest on 21 October 1998 to demand salaries from the state-owned Peijing Iron and Steel Factory in Jiangyou City, Sichuan.

No references could be found to a "self-examination" form that must be completed by a defendant after having been charged with a criminal offence. There is no reference to such a procedure within the Criminal Procedure Law of the People's Republic of China (1996). The nearest equivalent is Article 95 (formerly Article 66), which requires a defendant to sign the record of his interrogation, or "when necessary" to write a personal statement:

Article 95. The record of an interrogation shall be shown to the defendant for checking; if the defendant cannot read, the record shall be read to him. If there are omissions or errors in the record, the defendant may make additions or corrections. When the defendant acknowledges the record is free from error, he shall sign or affix his seal to it. The investigatory personnel shall also sign the record. If the defendant requests to write a personal statement, he shall be permitted to do so. When necessary, the investigatory personnel may also ask the defendant to write a personal statement.

Also, according to Article 37 of the Criminal Law of the People's Republic of China:

Where the circumstances of a person's crime are minor and do not require sentencing for punishment, an exemption from criminal sanctions may be granted him, but he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology or make compensation for losses, or be subjected to administrative sanctions by the competent department.

However, no information concerning sanctions for refusing to sign a record of interrogation, for refusing to write a personal statement "when necessary," or for refusing an order to make a statement of repentance or formal apology could be found among the sources consulted by the Research Directorate.

For general information concerning judicial and administrative penalties imposed in the People's Republic of China, please consult CHN32514.E of 28 July 1999.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Response.

China. Criminal Law of the People's Republic of China. 1 January 1997. Translation in Charles D. Paglee, Chinalaw Web - PRC Criminal Law (last modified April 7, 1998) [Internet] <http://www.qis.net/chinalaw/prclaw60.htm> [Accessed 26 July 1999]

China. Criminal Procedure Law of the People's Republic of China. 1 January 1997. Translation by the Legislative Affairs Commission of the Standing Committee of the National People's Congress. Reprinted in Ronald C. Brown. 1997. Understanding Chinese Courts and Legal Process: Law with Chinese Characteristics. Boston: Kluwer Law International.

China Labour Bulletin. [Hong Kong]. 14 July 1999. "Imprisoned Labour Activists and Unionists." <http://www.china-labour.org.hk/9907e/ce42list.htm> [Accessed 23 July 1999]

Additional Sources Consulted

Amnesty International. 1997. People's Republic of China: Law Reform and Human Rights. (AI Index: ASA 17/14/97). London: Amnesty International.

Ronald C. Brown. 1997. Understanding Chinese Courts and Legal Process: Law with Chinese Characteristics. Boston: Kluwer Law International.

Albert H.Y. Chen. 1992. An Introduction to the Legal System of the People's Republic of China. Singapore: Butterworths Asia.

Human Rights in China, Human Rights Watch/Asia. April 1997. "CHINA: Whose Security? 'State Security'in China's New Criminal Code." Vol. 9, No. 4(C).

Introduction to Chinese Law. 1997. Edited by Wang Chenguang and Zhang Xianchu. Hong Kong: Sweet & Maxwell Asia.

Two oral sources consulted did not provide information within the deadline for this response.