Law of the People's Republic of China on Assemblies, Processions and Demonstrations (Amended in 2009)

Law of the People's Republic of China on Assemblies, Processions and Demonstrations (Amended in 2009)
Law of the People's Republic of China on Assemblies, Processions and Demonstrations (Revised in 2009)

Order of the President of the People's Republic of China No.18

August 27, 2009

(Adopted at the 10th session of the Standing Committee of the 7th National People's Congress on October 31, 1989; promulgated by the Order of the President of the People's Republic of China No.20 on October 31, 1989; and amended based on the Decision on Amending Certain Laws which was adopted at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)

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 citizens' 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.
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