People’s Armed Police Act-2020

Order of the President of the People’s Republic of China

No. 48

The Law of People’s Republic of China on the People’s Armed Police, adopted at the 19th meeting of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on June 20, 2020, is hereby promulgated and shall come into force on June 21, 2020.

Xi Jinping

President of the People’s Republic of China

June 20, 2020
  


Law of the People’s Republic of China on the People’s Armed Police

Chapter I   General Provisions

Chapter II   Organization and Command

Chapter III   Missions and Competence

Chapter IV   Obligations and Discipline

Chapter V   Support for Missions

Chapter VI   Supervision and Inspection

Chapter VII   Legal Liabilities

Chapter VIII Supplementary Provisions

Chapter I   General Provisions

Article 1 This Law is enacted for the purposes of regulating and guaranteeing the performance of functions by the People’s Armed Police (PAP), building a strong and modernized PAP, maintaining national security and social stability, and protecting the legitimate rights and interests of citizens, legal persons and other organizations.

Article 2 The PAP is a key component of the armed forces of the People’s Republic of China. The PAP is under the centralized and unified leadership of the Central Committee of the Communist Party of China and the Central Military Commission (CMC).

Article 3 The PAP shall uphold the absolute leadership of the Communist Party of China, implement Xi Jinping Thought on Strengthening the Military and the military strategic guideline for a new era, strengthen military training and improve combat readiness, adhere to strict law-based governance, accelerate its construction and development, and perform duties efficiently in accordance with the strategic requirements of performing multiple functions, maintaining stability and safeguarding rights.

Article 4 The PAP shall be responsible for guard duties, addressing social security emergencies, preventing and responding to terrorist activities, maritime rights protection and law enforcement, disaster rescue and relief, defensive operations and other missions assigned by the CMC.

Article 5 The PAP shall abide by the Constitution and laws, faithfully discharge and perform functions in accordance with the provisions of this Law and other relevant laws.

The acts of the PAP in discharging its functions and duties in accordance with law shall be protected by law.

Article 6 PAP officers who make outstanding contributions in the execution of their missions shall be commended and awarded in accordance with relevant laws and regulations of the CMC.

Individuals and organizations that make outstanding contributions in assisting the PAP in carrying out its missions shall be commended and awarded in accordance with relevant laws and regulations.

Article 7 The PAP adopts the system of ranks with its contents separately prescribed in other laws.

Article 8 PAP officers enjoy the rights and interests of active duty service members as prescribed by laws and regulations.

Chapter II   Organization and Command

Article 9 The PAP consists of internal security force, mobile force, coast guard, academies and research institutions, etc.

The internal security force is organized according to administrative divisions, the mobile force according to missions, the coast guard according to administrative divisions and mission-designated districts in coastal areas. Specific organizational structure shall be determined by the CMC.

Article 10 PAP units, when executing missions in peacetime, shall be organized and commanded by the CMC, or by the PAP when authorized by the CMC.

PAP units, when participating in non-war military operations in peacetime with the People’s Liberation Army such as disaster rescue and relief, stability maintenance, emergency response, and joint training exercises, shall be commanded by the Theater Commands (TCs) under the authorization of the CMC.

PAP units, when executing missions in wartime, shall be organized and commanded by the CMC or by the TCs under the authorization of the CMC.

Specific methods of organization and command shall be determined by the CMC.

Article 11  Central state organs and local people’s governments at or above county level shall establish mechanisms with the PAP for mission requests and coordination.

Where central state organs and local people’s governments at or above county level need the assistance of the PAP for security guard for major events, the handling of social security emergencies,  prevention of and response to terrorist activities, and disaster rescue and relief, they shall make requests in accordance with relevant state provisions.

The entity in need of such services may make requests to the PAP units on duty.

Article 12  The deployment of the PAP for missions shall be subject to relevant laws and a strict approval process, and be in accordance with the PAP’s command structure, responsibilities and authorities and operational mechanisms. The approval authority and procedures shall be prescribed by the CMC.

In the event of a major disaster, dangerous situation or violent terrorist incident or other emergency that seriously threatens public security or the citizens’ personal and property safety, the PAP shall take action and report simultaneously in accordance with relevant provisions issued by the CMC.

Article 13  The PAP shall, as the situation warrants, join the commanding units established by the central state organs or local people’s governments at or above county level. The organization and command shall be under the leadership of the commanding units in accordance with relevant provisions of the CMC.

Article 14  Central state organs or local people’s governments at or above county level will provide operational guidance to the PAP in the performance of guard duties, handling of social security emergencies, prevention of and response to terrorist activities, and participation in disaster rescue and relief.

The guarded entity may provide operational guidance to the PAP deployed on site for missions such as armed guard, armed protection, armed security protection, armed sentry, escorting, transportation, etc..

Chapter III   Missions and Competence

Article 15 The PAP executes the following guard duties:

(1) armed guard for individuals and key targets;

(2) security guard for major events;

(3) armed protection over critical sections of key entities, such as critical public facilities, nuclear facilities, enterprises, warehouses, water sources, water conservancies, power facilities and communication hubs;

(4) armed security protection over important bridges and tunnels;

(5) armed sentry over the peripheral areas of prisons and detention houses;

(6) armed patrols in the key areas of municipalities, cities which are the seat of the people’s government of a province or an autonomous region, and other important cities (towns), or during special periods or along designated inland borders;

(7) assistance to public security organs and national security organs in carrying out arrest and pursuit tasks in accordance with law; assistance to guarded entities including prisons and detention houses, in performing escort and pursuit tasks; and assistance to guarded entities including the People’s Bank of China, military industrial institutions and enterprises for national defense, in carrying out escort tasks.

The specific scope of duties provided in the preceding paragraphs shall be implemented in accordance with relevant state regulations.

Article 16  The PAP, when addressing unrest, riots, turmoil, illegal gatherings, mass disturbances and other emergencies, is responsible for:

(1) protecting key targets;

(2) blocking and controlling relevant places and roads;

(3) implementing isolation, guidance, removal and dispersal operations to stop illegal and criminal acts;

(4) rescuing and saving stranded persons;

(5) conducting armed patrols, assisting in carrying out the mass work and restoring social order.

Article 17  The PAP, when participating in the prevention of and response to terrorist activities, mainly:

(1) performs on-site control, rescue and relief, armed patrols and sentry of key targets;

(2) assists public security organs in arresting and pursuing persons involved in the terrorist activities;

(3) rescues hostages and removes explosives;

(4) participates in responding to the hijacking of aircraft and other vehicles.

Article 18  The PAP, when participating in rescue and relief following a natural disaster, an accident or a public health emergency, is mainly engaged in:

(1) the search, rescue, transfer or evacuation of stranded persons;

(2) guard over the peripheries of dangerous areas, hazardous sites and cordoned sections;

(3) the removal and control of disasters and dangers to prevent secondary and derivative disasters;

(4) nuclear-biochemical rescue, medical rescue, epidemic prevention and control, emergency repair and construction of traffic facilities and other specialized operations; and

(5) the rescue, transportation and transfer of important materials.

Article 19 PAP officers, when executing missions, according to law, may:

(1) check persons, articles and vehicles entering or leaving the cordoned sections or passing through checkpoints in accordance with relevant regulations; stop those not allowed to enter, leave or pass through the cordoned sections; take necessary measures to stop those attempting to forcibly enter, leave or pass through the cordoned sections;

(2) during an armed patrol, upon the approval of the site commander and presentation of the PAP identification, question suspects and examine their identification on the spot, and inspect suspicious articles and vehicles;

(3) assist in the execution of traffic control or site control;

(4) take necessary measures to restrain, remove or disperse those who gather to disrupt social order, endanger the personal or property security of citizens, or endanger public security or the security of the guarded targets; and

(5) request information from the relevant entities and personnel, or make necessary reconnaissance on sites related to the execution of the task.

Article 20  In executing missions, the PAP shall, upon the approval of the site commander, promptly detain and transfer to public security organs, national security organs or other authorities having jurisdiction, any individual who is found to be:

(1) committing a crime;

(2) wanted;

(3) illegally carrying articles which endanger public security;

(4) committing an act which endangers the security of the guarded targets;

(5) obstructing the PAP’s missions by violence or threats.

Article 21  The PAP shall assist public security organs, national security organs, and prisons in carrying out arrests and pursuits; and assist, in accordance with the decisions of the said organs, in searching suspects, defendants, convicts and their residences as well as any places and vehicles that are suspected of concealing the suspects, defendants, convicts or illegal articles.

Article 22  The PAP officers may use police equipment and weaponry in executing guard duties, addressing social security emergencies and preventing and responding to terrorist activities. The usage shall be governed by the regulations on the use of police equipment and weaponry by the people’s police and other relevant laws and regulations.

Article 23  Where the PAP encounters obstruction or interference when executing missions, it may take necessary measures to remove the obstruction and interference.

Where the PAP has to take necessary measures in the execution of missions, such measures shall be strictly restrained to the necessary limits. Where there are multiple measures to choose from, the PAP shall choose the one that is conducive to the optimal protection of the rights and interests of individuals and organizations.

Article 24  The PAP may, when in urgent execution of missions, have the priority to public transport upon presenting identification, and have the priority in passing in case of traffic block.

Article 25 The PAP may, under urgent circumstances in a mission, and upon presentation of its identification by the commanding officer on the site, have priority to the use or requisition, in accordance with the law, of the equipment, facilities, sites, buildings, transport and other supplies and materials belonging to organizations or individuals. The PAP shall promptly return or restore them to their original state upon the completion of missions, and make payments for the use in accordance with relevant provisions of the state. If any loss or damage is caused, compensation shall be awarded in accordance with relevant regulations of the state.

Article 26  The PAP’s execution of missions abroad, such as preventing and responding to terrorist activities, is governed by relevant laws, regulations and the provisions of the CMC.

Chapter IV   Obligations and Discipline

Article 27  The PAP shall obey orders and commands, fulfill functions in accordance with law, and resolutely accomplish missions.

Article 28  The PAP shall provide timely assistance to any citizen whose personal and property safety is endangered or who is in other dangerous situations.

Article 29  PAP officers may not:

(1) disobey decisions and orders from superiors, act passively or desert from missions;

(2) use police equipment or weaponry in violation of regulations;

(3) unlawfully deprive of or restrict any person’s personal liberty, or inspect or search any person, article, transport, domicile or place;

(4) corporally punish, mistreat or beat individuals under custody and control;

(5) abuse power, or practice favoritism and commit irregularities, absence without leave or neglect of duty;

(6) cover up or connive at illegal or criminal activities;

(7) divulge national or military secrets, or

(8) commit other legal or disciplinary offences.

Article 30  When executing missions, PAP officers shall be dressed in accordance with applicable provisions, hold identification, use video recording equipment to collect evidence and present their identification in accordance with relevant regulations.

Article 31  The PAP shall serve with politeness and courtesy, observe social morality, and respect citizens’ religious beliefs, ethnic conventions and customs.

Chapter V   Support for Missions

Article 32  To support the PAP in carrying out its missions, central state organs, local people’s governments at or above county level and relevant departments thereof based on their responsibilities, shall promptly notify the PAP of:

(1) social security situations;

(2) intelligence about terrorist incidents and emergencies;

(3) meteorological, hydrological, marine environmental and geospatial conditions, as well as early warning of disasters;

(4) other intelligence in relation to the PAP’s missions being executed.

Central state organs and local people’s governments at or above county level shall establish mechanisms to share intelligence and information with the PAP. Mission-related intelligence, information and data shall be provided by security information networks, intelligence information systems and databases.

The relevant information obtained by the PAP shall be kept strictly confidential and utilized lawfully.

Article 33  The state shall establish a funding mechanism commensurate with economic and social development and coordinated with the missions and the development needs of the PAP. The funding shall be budgeted in accordance with relevant provisions of the state.

Article 34  The guarded entity and its superior authorities shall, in accordance with relevant provisions of the state, provide the PAP on duty with necessary support, such as living facilities and those needed in the mission.

Article 35  When executing missions in a location with potential exposure to harmful pollutants, such as toxic substances, dust, radiation or noise, or to harsh conditions, such as extreme temperatures or low levels of oxygen, PAP officers shall be provided with the same protection, benefit, and subsidies as are provided to the staff of the guarded entity, by the guarded entity or the superior authorities thereof.

Article 36  The specialized insignia, uniform, equipment, identification and seals of the PAP shall be manufactured and equipped in accordance with relevant provisions issued by the CMC.

Article 37  The PAP shall, as missions require, strengthen the education and training of officers, in order to improve their ability to carry out missions in accordance with the law.

Article 38  If PAP officers are injured, disabled or killed during the execution of their missions, pensions and preferential treatment shall be given in accordance with relevant provisions for servicemen issued by the state.

Article 39  Citizens, legal persons, and other organizations shall provide necessary support and assistance to the PAP in carrying out its missions in accordance with the law.

The acts of citizens, legal persons and other organizations assisting the PAP in performing its missions are protected by law.

Citizens that die or are disabled or legal persons and other organizations that have suffered property damage as a result of assisting the PAP in carrying out its missions shall be awarded pensions and preferential treatment or compensation in accordance with relevant provisions of the state.

Chapter VI   Supervision and Inspection

Article 40  The PAP shall supervise and inspect the implementation of laws and regulations and the observance of discipline by its units and personnel thereof.

Article 41 The PAP is under the supervision of the Supervisory Committee of the CMC and the Supervisory Committees of the PAP at all levels.

The PAP, when executing guard duties, dealing with social security emergencies,  preventing and responding to terrorist activities, maritime rights protection and law enforcement, disaster rescue and relief shall be supervised by the people’s governments and relevant departments thereof, citizens, legal persons and other organizations.

Article 42  Upon receiving any reports or complaints from citizens, legal persons or other organizations, or upon receiving any notifications on PAP’s violation of laws or discipline from the people’s governments at or above county level or their relevant departments, the Supervisory Committee of the CMC and the Supervisory Committees of the PAP at all levels shall investigate and address the issues in a timely manner. The results shall be notified to the citizens, legal persons or organizations that file the report or complaint, or the people’s governments at or above county level or the relevant departments thereof.

Chapter VII   Legal Liabilities

 Article 43 PAP officers failing to perform their duty in a mission, or committing any act prescribed in Article 29 of this Law, shall be subject to sanctions in accordance with relevant provisions of the CMC.

 Article 44 Individuals or entities shall be subject to the public security administration penalties by public security organs in accordance with law, if obstructing the PAP in the performance of its missions by:

(1) insulting, threatening, blocking, intercepting or assaulting PAP officers on missions;

(2) forcing their way through cordoned areas set up by the PAP;

(3) refusing or obstructing the PAP in carrying out missions, such as pursuing, checking, searching, rescuing or guarding;

(4) obstructing the passage of PAP officers on mission or their vehicles; or

(5) committing other acts that severely obstruct the PAP in the execution of its missions.

Article 45  Individuals or entities that illegally manufacture, trade in, possess or use the specialized insignia, equipment, identification and seals of the PAP shall be subject to detention for no more than 15 days or a warning, and may be fined 1 to 5 times the amount of illegal gains by public security organs.

Article 46  Any person who violates the provisions of this Law and constitutes a criminal offence shall be held criminally liable in accordance with the law.

Chapter VIII   Supplementary Provisions

Article 47  The enforcement of maritime rights by the PAP shall be separately regulated by other laws.

Article 48  The PAP shall execute defensive operations in accordance with the commands of the CMC.

Article 49  The PAP shall execute martial law missions in accordance with the applicable provisions of the Martial Law of the People’s Republic of China.

Article 50  Civilian staff of the PAP, when executing missions prescribed in this Law, shall perform relevant functions and obligations of the PAP and enjoy the corresponding rights and interests.

Article 51  This Law shall come into force on June 21, 2020.


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