A/51/542
English
Page 27
4.
Clarification of the definition of "place of worship" as referred to in
paragraph 2 of Decree No. 145 of the State Council. Pursuant to the "Places of
worship regime", namely, Decree No. 145, promulgated by the State Council in
January 1994, the Council’s Office of Religious Affairs drew up and issued, in
April of that year, procedures for the registration of places of worship that
explicitly set out the conditions that places of worship must meet in order to
be recognized as such, namely: (a) the place must be a fixed place and have a
name; (b) believers must go there frequently to participate in religious
activities; (c) believers must have set up a governing body; (d) religious
activities must be conducted by members of religious orders or by some other
person designated to that end by the rules of the religion in question; (e) the
place must be subject to a set of rules; (f) the place must be supported from
the proceeds of a legitimate source of income. There are no provisions
regarding the number of believers; the members of religious orders or persons
who conduct religious activities are chosen by each religious order according to
its own rules and customs.
5.
Introduction in the near future of a law on freedom of religion in keeping
with established international norms. Since 1982, the legislative branch has
been planning to introduce a basic law on religions. The views of various
interested parties on this point have been sought: religious figures,
academics, jurists and the civil service. The Constitution is the fundamental
law of China and is the basis for all other laws and regulations. With a view
to gradually improving the regime applicable to religious affairs, China is
continuing to debate legislative and regulatory texts and to draft them in
accordance with its Constitution and in the light of the experience of other
countries which have legislation in this area.
B.
Implementation of the legislation and policy in force
1.
Question of the aggravated personal liability under civil and criminal law
of State officials who violate freedom of religion. Article 147 of the Penal
Code of the People’s Republic of China provides:
"Any State official who illegally deprives citizens of their legitimate
freedom of religion or violates the customs and habits of minority ethnic
groups shall be subject, in the case of a serious offence, to a mandatory
sentence of imprisonment or penal detention of up to two years."
According to this provision, public officials who violate citizens’ freedom of
religion are personally liable for the violation.
2.
Distinction between "normal" and "abnormal" religious activities.
Religious activities corresponding to rites practised either in a place of
worship or at the home of a believer, depending on the religious custom, are
considered "normal" activities and are accordingly protected by law. The
Government believes, however, that normal religious activities should be clearly
distinguished from all the superstitious activities that do not constitute a
religious activity and that are detrimental to the interests of the State and to
the well-being and property of the people, and from illegal activities that
conflict with the provisions of the Constitution or the laws in force. The
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