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5 regional laws revised in Tibet
By:en.tibetol.cn
update:April 23,2018
April 23, 2018 -- Revisions of five regional laws were approved at the Second Plenary Session of the Standing Committee of the 11th Tibet Autonomous Regional People's Congress on March 30, 2018.
 
1. Revision of Methods of Tibet Autonomous Region on the Implementation of the Law of the People's Republic of China on Assemblies, Processions and Demonstrations
 
Clause 1 of Article 18 of the Methods was amended as: “If an assembly, procession or demonstration is held in or passes by places where state organs, military organs, radio stations, television stations or foreign embassies or consulates are located, the competent authorities may, with a view to keeping order, establish temporary security lines, which shall not be crossed without permission by the police.”
 
2. Revision of Decision on Cracking down on “Blood Money Payment” Practices in Tibet
 
Paragraph 1 of Part 4 of the Decision was amended as: “In dealing with the criminal cases, the judicial, procuratorial and public security organs shall inform the victim of his or her right to bring a supplementary civil action. The victim shall be penalized if he or she waives the compensation right and demands “blood money”, in accordance with Clause 1 of Article 99 of the Criminal Law of the People’s Republic of China, which stipulates that “Where a victim has suffered any material loss as a result of the defendant’s crime, the victim shall have the right to initiate a supplementary civil action in criminal proceedings.”
 
3. Revision of Regulations of the Standing Committee of the Tibet Autonomous Regional People's Congress on the Regional Government’s Setting Rules for Upper Limits of Fines
 
Clause 5 of the Regulations was amended as: “The Regulations apply to people’s governments of cities divided into districts.”
 
4. Revisions of Methods of Tibet Autonomous Region on the Implementation of the Regulations on the Pledge of Allegiance to the Constitution
 
Clause 2 of the Methods was amended as: “State functionaries elected or appointed by people's congresses at all levels and standing committees above the county level in the region, as well as state functionaries appointed by people’s governments, supervisory committees, people’s courts and people’s procuratorates at all levels, shall take a public oath of allegiance to the Constitution when assuming office.”
 
Clause 3 of the Methods was amended as: “The oath reads: ‘I pledge allegiance to the Constitution of the People's Republic of China, to safeguard the Constitution's authority, perform the obligations bestowed on me by law, be loyal to the country and the people, be committed and honest when performing my duties, accept the people's supervision and work hard to build a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful and realize national rejuvenation’.”
 
Clause 1 of Article 4 of the Methods was amended as: “Director, deputy director, secretary general and members of the Standing Committee, chairman and vice chairman of the Tibet Autonomous Region, director of the Supervisory Committee and president of the High People’s Court of the Tibet Autonomous Region, as well as director, vice director and members of the Special Committee of the Tibet Autonomous Regional People's Congress, elected by the Tibet Autonomous Regional People's Congress, will have to pledge allegiance to the Constitution after being appointed in accordance with legal procedures. The oath-taking ceremony will be held by the presidium of the Tibet Autonomous Regional People's Congress. Chief procurator of the High People’s Procuratorate of Tibet Autonomous Region shall pledge allegiance to the Constitution after approval by the standing committee of the superior People’s Congress. The oath-taking ceremony will be held by the directors’ meeting of the standing committee of the People’s Congress at the corresponding level.”
 
Clause 2 of Article 4 of the Methods was amended as: “Directors, deputy directors, secretary generals, members of standing committees, mayors, vice mayors, heads of counties, deputy heads of counties, heads of districts, deputy heads of districts, director of supervisory committee and president of the people’s court at the corresponding level, as well as directors, vice directors and members of the special committees of the People's Congress at the corresponding level, elected by the People’s Congress at the corresponding level, will have to pledge allegiance to the Constitution after being appointed in accordance with legal procedures. The oath-taking ceremony will be held by the presidium of the People's Congress at the corresponding level. Chief procurator of the People’s Procuratorate at the corresponding level will have to pledge allegiance to the Constitution after approval by the standing committee of the superior People’s Congress. The oath-taking ceremony will be held by the directors’ meeting of the standing committee of the People’s Congress at the corresponding level.”
 
Clause 1 of Article 6 of the Methods was amended as: “Deputy secretary general of the Standing Committee and director and deputy director of the Working Committee of the Tibet Autonomous Regional People's Congress, directors and deputy directors of the regional working committee, chairman, vice chairman and members of the delegate credentials committee of the Standing Committee of the Tibet Autonomous Regional People's Congress, secretary general of the People's Government of Tibet Autonomous Region, heads of government departments and offices, deputy director of the Supervisory Committee, vice president of the High People’s Court, and vice chief procurator of the People’s Procuratorate of Tibet Autonomous Region, appointed or to be appointed by the Standing Committee of the Tibet Autonomous Regional People's Congress, shall pledge allegiance to the Constitution after being elected in accordance with legal procedures. The oath-taking ceremony will be held by the directors’ meeting of the Standing Committee of the Tibet Autonomous Regional People's Congress.”
 
Clause 1 of Article 7 of the Methods was amended as: “Members of the Supervisory Committee, members of the Judicial Committee, tribunal directors, vice directors, judges of the High People’s Court, as well as members and prosecutors of the Procuratorial Committee of the People’s Procuratorate of Tibet Autonomous Region, chief procurators, associate procurators, members and prosecutors of local procuratorial branches, appointed by the Standing Committee of the Tibet Autonomous Regional People's Congress, will have to pledge allegiance to the Constitution after being elected in accordance with legal procedures. The oath-taking ceremonies will be held respectively by the Supervisory Committee, High People’s Court and People’s Procuratorate of Tibet Autonomous Region.
 
Clause 2 of Article 7 of the Methods was amended as: “Deputy directors and members of the supervisory committees, vice presidents, members of judicial committees, tribunal directors, deputy directors, judges of the People’s Courts, vice chief procurator of the People’s Procuratorates, prosecutors, members of the Procuratorial Committee, appointed by the standing committees of People’s Congress of cities divided into districts, shall pledge allegiance to the Constitution after being appointed in accordance with legal procedures. The oath-taking ceremony will be held by the directors’ meeting of the standing committee of People’s Congress at the corresponding level, or be respectively held by the supervisory committee, people’s court and people’s procuratorate at the corresponding level authorized by the Standing Committee of the People’s Congress at the corresponding level.”
 
Clause 1 of Article 9 of the Methods was amended as: “The national anthem of the People’s Republic of China shall be sung at the oath-taking ceremony. The national flag or emblem shall hang in places where the ceremony takes place. Oath-takers shall wear formal suits, ethnic costumes or business suits.”
 
5. Revisions of Rules of Procedures for the Standing Committee of Tibet Autonomous Regional People's Congress

 
Clause 1 of Article 7 of the Rules was amended as: “Heads of the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region.”
 
Clause 2 of Article 7 of the Rules was amended as: “Members of the Special Committee of the Tibet Autonomous Regional People's Congress, vice secretary general of the Standing Committee, heads of working bodies of the Standing Committee of the Tibet Autonomous Regional People's Congress, who are not members of the Standing Committee, as well as directors and deputy directors of the standing committees of municipal people’s congresses.”
 
Clause 3 of Article 7 of the Rules was amended as: “Deputies to the National People’s Congress, Tibet Autonomous Regional People's Congress, municipal people’s congresses, directors and deputy directors of the standing committee of People’s Congress at county level or district level, heads of departments of the People’s Government of Tibet and other officers, invited if necessary by the director of the Standing Committee of the Tibet Autonomous Regional People's Congress.”
 
Clause 3 of Article 10 of the Rules was amended as: “Chairman of the People’s Government, director of the Supervisory Committee, president of the High People’s Court, chief procurator of the High People’s Procuratorate of Tibet Autonomous Region, as well as the Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region, can submit appointments and removals of some officials to the Standing Committee in accordance with law.”
 
The fourth clause was added to Article 18 of the Rules, which reads: “Appointees will have to take a public oath to the Constitution when assuming office.”
 
Article 19 of the Rules was amended as: “Every year, the Standing Committee shall review work reports of the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region on major issues related to reform and development which are vital to people’s interests. And the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region may ask to deliver special work reports to the Standing Committee. They shall submit the request 30 days before the conference of the Standing Committee. And reports shall be delivered by heads of the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region. The People’s Government of Tibet Autonomous Region may assign directors of related departments to deliver the report.
 
Article 22 of the Rules was amended as: “Opinions of members of the Standing Committee on special work reports, inspection reports on law enforcement and other work reports, will be collected by the office of the Standing Committee and handed to the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region. Handling Results of the opinions shall be reported to the Standing Committee according to relevant regulations.”
 
Article 24 of the Rules was amended as: “During sessions of the Standing Committee, no less than five members of the Standing Committee may jointly submit a written statement to the Standing Committee to request inquiries into the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region. Objects, questions and contents of these inquires shall be written clearly.”
 
Article 38 of the Rules was amended as: “The Standing Committee approves resignations requests of its members, chairman and vice chairman of Tibet Autonomous Region, director of the Supervisory Committee, president of the High People’s Court and chief procurator of the High People’s Procuratorate of Tibet Autonomous Region, as well as members of the Special Committee. The Standing Committee should report the resignations to the Tibet Autonomous Regional People's Congress for record.”
 
Clause 1 of Article 40 of the Rules was amended as: “Special work reports, reports on the implementation of the national economy and social development plan, report on budget implementation, audit report and inspection report on law enforcement, deliberated by the Standing Committee, shall be submitted to the Tibet Autonomous Regional People's Congress and made public together with deliberation opinions. Reports on the handling results of the deliberation opinions or the implementation of decisions of the People’s Government, Supervisory Committee, High People’s Court and High People’s Procuratorate of Tibet Autonomous Region shall be submitted to the Tibet Autonomous Regional People's Congress and made public.”
 
This decision shall go into effect as of the date of their promulgation.
 
Five regional laws and regulations will be revised according to this decision and be made public.

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