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Religious bodies and religious affairs are not subject to any
foreign domination."
The Autonomous Regions of National Minorities Act (arts. 11 and 53), the
Penal Code (arts. 147 and 165), the Civil Code (art. 77), the Military Service
Code (art. 3), the Electoral Code (art. 3), the Compulsory Education Act
(art. 16) and the Organization of Rural Committees Act provide for the
protection of freedom of worship and equality of rights for religious
citizens. In particular, article 147 of the Penal Code provides that:
"State officials who violate the freedom of worship of citizens or
the customs of national minorities are punishable in serious cases by
imprisonment for not more than two years or by a short term of
imprisonment. Any person who forcibly prevents legal religious
activities, compels believers to abandon their religion, compels a
citizen to practise any form of worship, illegally closes or demolishes
legal places of worship or other religious premises is violating
democratic rights and individual freedom and failing in his duty and is
punishable by law."
On 31 January 1994 two new regulations governing religious activities
came into force. The first (entitled "Provisions governing the religious
activities of foreign nationals within the frontiers of the People’s Republic
of China") was promulgated by Council of State Decree No. 144. Article 1 of
this regulation states that its purpose is to "protect the freedom of religion
of foreign nationals in China". Articles 3 and 4 provide that foreign
nationals may engage in religious activities provided that the latter take
place in religious venues or places recognized as such by the Office of
Religious Affairs. The regulation also guarantees to foreign nationals the
right to bring with them religious publications not exceeding in quantity
"what they require for their personal use" and prohibits "entry of any
document of a religious character" the contents of which prejudice the
interests of the public in Chinese society (art. 6). Foreign nationals must
respect Chinese laws and regulations and "are not permitted to establish
religious organizations, liaison offices, venues for religious activities or
non-religious schools and institutes within China; they are not allowed to
recruit believers among the Chinese citizens, appoint clergy or undertake
other evangelist activities" (art. 8). Article 9 states that any foreign
national engaging in activities of these kinds is liable to penalties in
accordance with Chinese law.
The second regulation (entitled "Regulation concerning the functioning of
places of worship") was promulgated by Council of State Decree No. 145. Its
purpose is to protect "normal religious activities" (see art. 36 of the
Constitution). It guarantees the right of religious organizations to receive
subsidies or gifts, to sell objects of a religious nature and to administer
their assets and income themselves (arts. 6, 7 and 8). Article 3 states that
their "legal rights, and the normal religious activities ... will be under the
protection of the law, and no organization or person will be permitted to
transgress or interfere". Article 2 states that all "places devoted to
religious activities" (temples, monasteries, mosques, churches or other places
in which religious activities take place) must be declared to the authorities
in accordance with rules established by the government Office of Religious