E/CN.4/1993/62
page 8
3.
Xu Guoxing, aged 36, Protestant preacher from Shanghai, reportedly
arrested on 6 November 1989 for having ’seriously interfered and damaged the
regular order of religious activities’. The Shanghai Municipal Public
Security Bureau sentenced him to three years of re-education through labour
on 1 November 1989. His sentence is to run from 6 November 1989 to
5 November 1992.
4.
Liu Qinglin, aged 59, Protestant evangelist from Moguqi, reportedly
arrested in July 1989 and sentenced to three years of re-education through
labour because he carried out religious activities without official approval."
19.
On 9 January 1992 the Permanent Mission of the People’s Republic of China
transmitted the following information to the Special Rapporteur with regard to
the above-mentioned allegation (E/CN.4/1992/52, para. 22):
"(a)
Concerning China’s religious policy:
The basic policy of the Chinese Government towards religion is to respect
and protect the freedom of religious belief. This is as prescribed in
Article 36 of the Constitution of the People’s Republic of China. The
implicit meaning of this policy is this: every citizen has the freedom to
believe, or not to believe, in a religion; the freedom to believe in such or
in another religion; or within the same religion, the freedom to believe in
such or in another sect; and, finally, the freedom not to believe in the past
but to believe at present, as well as the freedom to believe in the past but
not to believe at present. The substance of this policy is to make the
question of the religious belief into one of freedom of choice, in other
words, to make it the private business of each citizen. The Chinese
Government undertakes to respect and protect, under law, the right to freedom
of religious belief and the legitimate concerns of normal religious activities
and organizations.
Whether or not they are religious, all citizens of China enjoy the same
rights and carry the same duties. All religions in China have the same
status, there being no dominant religion in the country.
The Chinese Government treats all religions equally. No one in China is
persecuted for his or her religious belief. According to Article 147 of
China’s Penal Code, any official who abuses the normal freedom of religious
belief of a citizen or who violates the customs and traditions of an ethnic
minority, depending on the seriousness of the offence, may face up to
two years of imprisonment or penal servitude.
The Constitution of the People’s Republic of China further stipulates:
’No one may make use of religion to engage in activities that disrupt public
order, impair the health of citizens or interfere with the educational system
of the State. Religious bodies or religious affairs are not subject to any
foreign domination.’ This has in mind that a few persons have used religion
to swindle, seduce, endanger health, disrupt normal public order and even
engage in subversion, for which they have received criminal or administrative
penalty. For such is no longer a question of religion or religious belief.
Anyone found violating the law shall be judged according to law.