Measures for Implementing the Law of People's Republic of China (PRC) on Assembly, Parade and Demonstration in Henan Province

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Assemblies, Processions and Demonstrations (hereinafter referred to as the Law of People's Republic of China (PRC) on Assemblies, Processions and Demonstrations) and in light of the actual situation of this province. Article 2 All assemblies, processions and demonstrations held in open-air public places or public roads within the administrative area of this province shall abide by the Law on Assemblies, Processions and Demonstrations and these Measures.

The term "assembly" as mentioned in these Measures refers to the activities of gathering in open-air public places to express opinions and wishes.

The term "procession" as mentioned in these Measures refers to the activities of marching in public roads and open-air public places to express the consent of * * *.

The term "demonstration" as mentioned in these Measures refers to the activities of expressing demands, protests, support and solidarity by means of assembly, procession and sit-in in open-air public places or public roads.

These Measures are not applicable to recreational sports activities, normal religious activities and traditional folk activities. Article 3 People's governments at all levels shall, in accordance with the Law on Assemblies, Processions and Demonstrations and these Measures, safeguard citizens' right to exercise assemblies, processions and demonstrations. Article 4 When exercising the rights of assembly, procession and demonstration, citizens must abide by the Constitution and laws, and must not oppose the basic principles defined in the Constitution, nor harm the interests of the state, society and the collective or the legitimate freedoms and rights of other citizens. Article 5 Assemblies, processions and demonstrations shall be conducted peacefully. Do not carry weapons, controlled knives, explosives and other items that may endanger public safety, and do not use violence or incite violence. Article 6 The competent authorities of assemblies, processions and demonstrations are the municipal and county public security bureaus and city public security sub-bureaus where assemblies, processions and demonstrations are held; Where the route of procession and demonstration passes through more than two districts and counties, the competent authority shall be the public security organ at the next higher level of the public security organ of the passing district or county. Chapter II Applications and Permits for Assemblies, Processions and Demonstrations Article 7 To hold assemblies, processions and demonstrations, an application must be made to the competent authority and permission must be obtained in accordance with the Law on Assemblies, Processions and Demonstrations and these Measures.

No application is required for the following activities:

(1) Celebrations, memorials and other activities organized by the state or according to state decisions;

(2) Assemblies organized by state organs, political parties, social organizations, enterprises and institutions in accordance with laws and regulations. Article 8 An assembly, a procession or a demonstration must be held with a responsible person.

In any of the following circumstances, he shall not be the person in charge of an assembly, a procession or a demonstration:

Minors, adults with no capacity or limited capacity;

(2) A person whose personal freedom is restricted according to law and who is executing a penalty. Article 9 The person in charge of an assembly, a procession or a demonstration that needs to be applied for according to law must submit a written application to the competent authority five days before the date of holding, and fill in the relevant application form. If there are more than two persons in charge, one person shall be determined as the main person in charge to handle the application and other matters.

The application shall contain the following items:

(a) the purpose and method of assembly, procession and demonstration;

(2) Slogans, slogans and other propaganda contents used in assemblies, processions and demonstrations;

(three) the number of people who participated in the assembly, procession and demonstration (including the number of people who maintained order);

(four) the types, specifications and quantity of vehicles, audio equipment and other equipment used in assemblies, processions and demonstrations;

(five) the starting and ending time, place and route of assembly, procession and demonstration;

(six) the name, age, nationality, occupation, address and mailing address of the person in charge;

(seven) other matters that need to be explained.

The competent authority shall not accept an assembly, a procession or a demonstration that is applied orally, by letter or by telegram. Article 10 After receiving an application for an assembly, a procession or a demonstration, the competent authority shall notify its responsible person in writing of the decision of approval or disapproval two days before the application date. If the license is not granted, the reasons shall be explained, and if it is not informed within the time limit, it shall be regarded as a license. If, due to the person in charge, the competent authority cannot notify within the specified date, it shall be deemed to have withdrawn the application if it is proved by more than two witnesses.

If it is necessary to hold an assembly, a procession or a demonstration due to an emergency, it must be reported to the competent authority immediately; After receiving the report, the competent department shall immediately review and decide whether to approve it. Article 11 Where an application for holding an assembly, a procession or a demonstration needs to solve specific problems, the competent authority may, after receiving the application, notify the relevant authorities or units to negotiate with the person in charge of the assembly, procession or demonstration to solve the problems, and may postpone the application for holding for five days.

After receiving the notice from the competent authority, the relevant organ or unit shall immediately consult with the person in charge of the application for assembly, procession and demonstration on the specific problems to be solved, and inform the competent authority in writing of the consultation results within three days. Article 12 In any of the following circumstances, if the competent authority considers that holding an assembly, a procession or a demonstration according to the time, place and route applied for will seriously affect the traffic order and social order, it may change the time, place and route originally applied for holding an assembly, a procession or a demonstration when or after deciding to permit it, and notify its responsible person in time:

(1) applying for holding an assembly, a procession or a demonstration on a crowded road section or a main road section during rush hours;

(2) At the same time, place and route when applying for holding an assembly, a procession or a demonstration, others have applied for and obtained permission;

(3) applying for holding an assembly, a procession or a demonstration, and having important foreign affairs activities or other important activities at the same time, place and route;

(four) the time, place and route of the application for holding an assembly, a procession and a demonstration, and the traffic is restricted due to road construction or other municipal construction;

(5) An epidemic of infectious diseases is occurring in the place and route where the application for holding an assembly, a procession or a demonstration is made;

(six) other circumstances that may seriously affect traffic order and social order.