On June 20, the NPC Standing Committee approved the Law on Governmental Sanctions for Public Employees [公职人员政务处分法] (Law or Governmental Sanctions Law). An unofficial English translation of the Law is available here. This Law is a companion statute of the 2018 Supervision Law [监察法], which established the supervision commissions [监察委员会] and empowers them to “give . . . decisions on governmental sanctions to public employees who have broken the law in accordance with legally prescribed procedures” (art. 45, para. 1, item 2). The Law, with 68 articles in seven chapters, implements this provision by laying down a set of both substantive and procedural disciplinary rules tailor-made for all public employees. Its core provisions start by setting forth the types of governmental sanctions and the general rules on their use, then provide for a long list of unlawful conduct and the corresponding sanctions, and end with the procedures for giving and reviewing sanctions decisions. The following summary will proceed in the same manner.Continue reading “Legislation Summary: New Statute Governing Public Employees’ Conduct”
UPDATE (July 5, 2020): The NPCSC has unanimously approved the Hong Kong National Security Law and added it to Annex III of the Hong Kong Basic Law. The Law took effect in Hong Kong at 11 p.m. on June 30. Our partial summary of it is here.
UPDATE (June 28, 2020): The draft Hong Kong National Security Law has been added to the agenda of the ongoing NPCSC session. We expect the NPCSC to approve the bill and add it to Annex III to the Hong Kong Basic Law by Tuesday.
The 13th NPC Standing Committee (NPCSC) concluded its 19th session on Saturday, June 20. It adopted three bills and approved China’s accession to the Arms Trade Treaty. On that same day, the Council of Chairpersons decided to convene the NPCSC again later this month, from June 28 to 30, merely one week after the 19th session. According to the readout of the Council’s meeting, it has placed six bills on the 20th session’s tentative agenda—not including the draft Law on Safeguarding National Security in the Hong Kong Special Administrative Region [香港特别行政区维护国家安全法] (Hong Kong National Security Law). But once again the readout concludes the list of bills with the character “等” (or “et cetera”), so the Hong Kong National Security Law could be included in the final agenda at the last minute—again. The NPCSC ordinarily meets once every two months; it has not held two sessions in such close proximity in over at least two decades. It seems to us, then, that the 20th session is scheduled to expedite—and pass—the Hong Kong National Security Law, while ensuring that the NPCSC complies with the Legislation Law’s requirement that new laws be adopted after at least two reviews.
Below, we will briefly review the bills adopted on Saturday and preview the upcoming 20th session, before concluding with the possible next steps for the Hong Kong National Security Law.Continue reading “NPCSC Concludes First June Session Before Immediately Scheduling Another, Likely to Adopt Hong Kong National Security Law (Updated)”
UPDATE (June 19, 2020): The NPCSC most certainly will not approve the Hong Kong National Security Law (HKNSL) on Saturday, the last day of its ongoing session, according to the latest information. The Council of Chairpersons met on Friday and approved the voting versions of several bills, which did not include the HKNSL. Similarly, multiple sources told the South China Morning Post that the Law “was unlikely to be passed during this meeting or come into effect on Saturday even if it was endorsed on the same day.”
UPDATE (June 18, 2020): Xinhua reports on Thursday that a draft Law on Safeguarding National Security in the Hong Kong Special Administrative Region [香港特别行政区维护国家安全法] has been submitted to the NPCSC for review. Follow us on Twitter or subscribe to our blog posts for future updates.
Our assessment as of June 18 is that the NPCSC will not pass the Hong Kong National Security Law at this session. Recall that for the Law to be enforced in Hong Kong, it is not enough that the NPCSC adopts it—it must also be listed in Annex III of the Hong Kong Basic Law. Were both actions—NPCSC approval and Annex III listing—to occur during a single session, by convention, the NPCSC would have to pass the Law first, and wait until the next day at least to list the Law in Annex III. This sequence of events theoretically could happen during this three-day session, but only if the NPCSC passes the Law on Friday (so that the listing can occur on Saturday). It does not appear that a plenary meeting (where voting occurs) is scheduled for Friday, however. The Law is thus unlikely to pass on Saturday, because the NPCSC would then have to wait till the next session (whether in July or August) to add it to Annex III—which would unnecessarily delay the process. The more likely scenario is that the NPCSC will consider the draft Law again in the near future, before approving it and listing it in Annex III during that meeting. This assessment is subject to change, however, as more information (such as the ongoing session’s daily schedule) becomes available. (Of course, that the Legislation Law essentially bars the NPCSC from adopting a new law after only a single review would be another reason why this Law won’t pass on Saturday, assuming the NPCSC follows the Legislation Law.)
The Council of Chairpersons decided on Tuesday, June 9 to convene the 19th session of the 13th NPC Standing Committee (NPCSC) from June 18 to 20. According to the official readout of the Council’s meeting, the upcoming session will consider five legislative bills. The readout does not mention the closely watched Hong Kong national security law that was authorized by the NPC’s May 28 decision, but this bill may still appear on the finalized agenda next week. A quick rundown follows.Continue reading “NPCSC Session Watch: Public Employee Sanctions, Veterans Support, Rural Revitalization & (Temporary?) Absence of Hong Kong National Security Law (Updated)”
The NPC Standing Committee (NPCSC) is soliciting public comments on the following five bills through June 13, 2020:
- second draft of the Law on Governmental Sanctions for Public Employees 公职人员政务处分法草案二次审议稿 (English)
- second draft of the Biosecurity Law 生物安全法草案二次审议稿 (English)
- draft revision to the Animal Epidemic Prevention Law 动物防疫法修订草案
- draft amendment to the Copyright Law 著作权法修正案草案 (English)
- draft revision to the People’s Armed Police Law 人民武装警察法修订草案
All linked files are PDF documents in Chinese. English translations will be provided if and when available. The accompanying explanations of these drafts can be read here (PDF).Continue reading “NPCSC Seeks Public Comments on Draft Biosecurity Law, Copyright Law Amendment, Armed Police Law Revision & Two Other Bills”
The NPC Standing Committee is soliciting public comments on the first draft of the Law on Governmental Sanctions for Public Employees [公职人员政务处分法] through November 6, 2019.
To submit comments online, please refer to these instructions. Comments can also be mailed to the NPCSC Legislative Affairs Commission [全国人大常委会法制工作委员会] at the following address:
Chinese: 北京市西城区前门西大街1号 邮编: 100805
English: No. 1 West Qianmen Avenue, Xicheng District, Beijing 100805
Please clearly write “公职人员政务处分法草案征求意见” on the envelope.