China Aid Association
Duolun County Public Security Bureau
Public Security Administrative Punishment Decision
Defendant: Zhi Huiping, Female, born 1966-11-12, ID Number: 152531196611120321, Address: Group 3, Nancaiyuan Village, Naoer town, Duolun County, Inner Mongolia. Employment: None.
The investigation shows that from 9:30-12:00 am on December 29, 2006, Zhi Huiping, Zhi Ruiping, and Liu Guanghua initiated an assembly of about 120 people and held an illegal gathering in Manjiangchunfeng Hotel, Dongcang Road, Naoer Town, without the government’s approval.
The above statement is proven by eyewitnesses’ testimonies, the statement of the defendant, and videotapes. According to the Chinese Social Security Administrative Punishment Law Article 50, we decided to punish Zhi Huiping with a 15-day detention. The punishment will be carried out in Duolun Detention Center from the date this document is received.
If the defendant does not comply with this punishment, she can apply for an Administrative Review to the higher public security bureau or local government of the same rank within 60 days after receiving this document or she can file a lawsuit in the People’s Court of Duolun County.
December 29, 2006
Administrative Review application
Petitioner: Liu Guanghua
Petitionee: Public Security Bureau of Duolun County, Inner Mongolia
Request: The petitioner’s punishment made by the local Public Security Bureau is illegal and should be cancelled.
Facts and Reasons:
Hen Zhi was in a Christmas Celebration meeting with other Christians on December 29, 2006 at about 11:00 AM when Mr. Ma Ruidong, chief of the local Religious Affair Administrative Bureau (RAAB), appeared at the meeting.
Ma: “Are you celebrating Christmas?”
Ma: “But your church is not registered, and this celebration meeting is not approved by the RAAB making it an illegal gathering.”
Liu asked Ma which law he was quoting but he could not answer. Ma took Liu and another Christian, Zhi, to the local RAAB, where Zhi quoted some related laws and regulations to prove that the traditional family church did not need to register. Ma did not agree saying, “Family church means the husband, wife, and their relatives and friends, but ‘relatives and friends’ refers to family members. Anyone other than family members can not attend the gathering.”
While Liu and Zhi was in the local RAAB, police from the County Public Security Bureau (PSB), Criminal Police Squad, and 2 others from a nearby police station arrived at the celebration meeting site and tried to dispel the Christians.
Since Liu and Zhi were still negotiating with Ma in the RAAB, the Christians refused to leave. The police dispelled the Christians by force and then caught 8 of them, including Zhi’s husband and sister, and took them a 2nd police station. Zhi’s husband was beaten by the police after his arrest. The police carried away a TV, electronic piano, saxophone, furniture, and tither box without issuing a list of held items.
At about 5:00 PM, the police took Liu, Zhi, and Zhi’s sister to Duolun Detention Center, where they were held for 15 days, and released the other Christians. Liu did not know why she was arrested or how long she would be held until January 5, 2007 when the police asked her sign the “Administrative Punishment Decision.” Since the accusation did not conform to the facts and the police could not provide any evidence to prove the accusation, Liu refused to sign. Liu was released on January 13, 2007.
The Administrative punishment made by Duolun PSB is ineffective and to be cancelled because it is resulted from a misunderstanding and misquotation of the national law.
1. The punishment violates the basic principle of the national policy dealing the religious affairs.
According to the stipulation in the “White Paper of the Status of Religious Belief Freedom in China” issued by the Information Office of the State Council on October 16, 1997, the religious activities, such as Bible reading and prayer, conducted by Christian according to the customs of Christianity at their homes and attended primarily by family members and close friends, are not required to register.
The Christmas celebration party held on December 29, 2006 is obviously under the category of “religious activities conducted by Christians according to the customs of Christianity” and thus did need not any registration or approval. It was by no means an illegal gathering.
2. The punishment was illegal in process.
First, the police did not show any legal document. According to the “Chinese Law on Administrative Penalty,” Article 37, when administrative organs conduct investigations or inspections, there shall be not less than two law-enforcing officers, who shall show their identification papers to the party or other concerned people. But on December 29, 2006 the police took Liu to the police station for interrogation without showing any legal documentation or summons.
Second, the police did not provide the notification of argument and personal statement. According to the “Chinese Law on Administrative Penalty,” Article 31, before deciding to impose administrative penalties, administrative organs shall notify the parties of the facts, grounds and basis according to which the administrative penalties are to be decided and shall notify the parties of the rights that they enjoy in accordance with law.
According to the “Chinese Law on Administrative Penalty,” Article 32, the parties shall have the right to state their cases and to defend themselves.
Administrative organs shall fully heed the opinions of the parties and shall reexamine the facts, grounds, and evidence put forth by the parties. If the facts, grounds, and evidence put forward by the parties are established, the administrative organs shall accept them.
On December 29, 2006, Duolun PSB decided the punishment without listening to Liu’s dependence on herself. Additionally, the “Administrative Punishment Decision” was handed to Liu on January 5, 2007, seven days after Liu was detained in the Detention Center. This violates the stipulation of “Chinese Law on Administrative Penalty,” Article 32, 34, and 40. According to the “Chinese Law on Administrative Penalty,” Article 41, the punishment is ineffective.
3. The punishment violates the Chinese constitution.
According to the Chinese Constitution, Article 36, citizens of the People’s Republic of China enjoy freedom of religious belief. No state organ, public organization, or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The principle of religious belief freedom proclaimed by the Chinese Constitution is also widely accepted by the modern civil society. It requires that the government and religion separate from and do not intervene with each other to prevent the government’s intervention into religious affairs.
The administrative punishment made by Duolun PSB violates the Chinese Constitution, which has superior legal effect, and also violates the “Chinese Law on Administrative Penalty,” making it illegal. According to the “Chinese Law on Administrative Review” Articles 2 and 12, Liu applied for an administrative review of the administrative punishment made by Duolun PSB, requiring the administrative punishment decision be cancelled and Duolun PSB pay 1 dollar to Liu as national compensation.
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