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page 69
amendment of regulations for the implementation of the law in question.
Its members are named to a three-year term by the Ministry of Foreign
Affairs and Worship, following consultation with the main denominations
and as long as the denominations to which the designated persons belong
have no objections, even if they are serving in their personal capacity.
The protection of religious freedom is the subject of chapter V,
which governs applications for amparo against acts of the State or
individuals. In terms reminiscent of article 1 of Act No. 16986
applicable to amparo proceedings, courts specialized in civil cases and
federal commercial cases may hear cases which arise in this regard.
The transitional provisions of chapter VI deal with churches or
denominations listed in the registry in conformity with Act No. 21745 to
which a delay of two years is granted, starting from the entry into force
of the new Act, at the expiration of which time they may ask to be listed
in the registry established by that Act if they fulfil the necessary
requirements. None the less, denominations with at least 5,000 members
and which have continued to be active ever since they were listed in the
previous registry are exempt from that requirement.
Article 18 stipulates that religious denominations which, on the
date of entry into force of the new Act, enjoy legal personality as civil
or other associations that is not in keeping with their religious
structure and which are listed in the new registry may transfer assets
registered in the name of the association for their own benefit and are
exempted from the taxes and duties levied on the transfer and conveyance
of property, provided that they obtain the approval of their governing
bodies and the transfer takes place within one year of the entry into
force of the Act.
As far as existing legislation is concerned, the new Act will
repeal Act No. 21745 and amend article 2346 of the Civil Code, in which
the term ’dissidents’ is replaced by the words ’churches and religious
communities or denominations’, and article 3740 of the Code, in which
the words ’Protestant minister’ are replaced by the words ’minister of
worship’."
CHINA
28.
On 10 June 1994, the Permanent Mission of the People’s Republic of China
to the United Nations Office at Geneva sent the following general information
to the Special Rapporteur:
"In China, citizens enjoy religious freedom without any form of
interference from the State, the community or individuals. Believers and
non-believers are equal both politically and before the law. They have
the same rights and must also assume the obligations established by the
Constitution. Constitutional law is unambiguous on this point.
Article 36 of the Constitution of the People’s Republic of China
stipulates that: ’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,