Revised armed police draft law

08/24/2009 Source: Xinhua

A draft law relating to the operations of armed police, submitted for the second reading by Chinese lawmakers Monday, has been revised to include a clearer definition of their duties and a tightening of restrictions of their powers.

The draft revision was tabled at the 10th session of the Standing Committee of the 11th National People’s Congress (NPC), the top legislature, which opened its latest four-day, bi-monthly session Monday.

The new version of the draft contains clearer descriptions about “incidents threatening social security,” a category that is the responsibility of armed police.

In the new version, riots, massive violent crimes and terrorist attacks are listed as “incidents threatening social security.”

The original draft did not include terrorist attacks in this category but in a separate section.

The armed police played a major role in quelling riots in Lhasaon March 14 last year and in Urumqi on July 5.

The revision also tightens the procedure for the mobilization of armed police and makes clear a strict, law-abiding procedure must be followed.

Instead of entitling governmental and police authorities at county level or higher to mobilize armed police as in the original version, the revision says a detailed procedure will be decided on by the State Council, the country’s cabinet, and the Central Military Commission, the military’s top decision-making body.

The draft adds four articles to restrict the power of armed police in response to lawmakers’ arguments from the first reading.

Detaining citizens or searching them or their property “illegally” has been banned .

The armed police also should not leak state and military secrets or cover up crimes, the revised draft says.

A major part of China’s armed forces, armed police number about 680,000.

The draft also highlights the force’s mission to maintain national security and order.

Armed police would be responsible for the security of sites including public facilities, factories, water projects “of national significance,” bridges and tunnels on major traffic routes; armed patrols of major cities “at special times”; assisting in pursuit and arrests, and dealing with public security incidents.

The draft, if approved, would also empower the armed police to stop and question suspects in the course of guard and patrol missions, enable them to commandeer public transport facilities when necessary, and to use equipment, facilities, venues and other materials of an organization or individual temporarily in emergencies.

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