Chinese police are no longer allowed to shackle drunks or to take children, elderly people, pregnant women or breast-feeding mothers involved in non-criminal cases into custody.
The Ministry of Public Security recently published the revised Regulations on the Procedure of Handling Administrative Cases by Police Departments.
Under these regulations, police can use belts instead of handcuffs to control drunks who cause a public disturbance but drunks should not be shackled when being questioned, particularly not after sobering up.
People between the ages of 14 and 18 who are charged with violating public security regulations for the first time, women who are pregnant or breast-feeding infants, and elderly people over the age of 70 cannot be detained for minor offences.
Children between 14 and 16 should be exempted from administrative punishment, but their guardians will be ordered to provide better supervision, as punishment for those between 14 and 18 will see a reduction in severity.
According to the revised Regulations, once the suspects are issued a summons, police should inform their family of the charges by phone, short message (SMS) or fax as soon as possible.
Another newly-revised regulation stipulates that individuals fined at least 2,000 yuan (about US$250) for general infringements or 6,000 yuan minimum for violating regulations on entry and exit of the country can apply for hearings. Companies can also apply for hearings if they are fined 10,000 yuan or above, ordered to halt production or suspend business, and if their licenses are revoked.
The police should inform those sentenced of their right to appeal for a review hearing. Applications should be lodged within three days. The regulation instructs the police to decide whether to accept the cases in two days.
The police should not aggravate punishments if people file such an application, the regulation reads. Hearings will be held publicly by police departments except for cases relating to state or business secrets, or relating to individuals’ privacy.
The revised regulations went into force on August 24.
(Xinhua News Agency September 6, 2006)
