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Law of the Red Cross Society

!LAW OF THE RED CROSS SOCIETY of the People’s Republic of China (Adopted at the Fourth Meeting of the Standing Committee of the Eighth National People’s Congress on October 31, 1993, and is hereby promulgated, and comes into effect on the date of its promulgation) CHAPTER I GENERAL PROVISIONS Article 1 This regulation was formulated in order to protect the life and health of people, fostering the spirit of humanism, promoting peace and progress, and ensuring the Red Cross Society fulfills its duties and responsibilities in accordance with the law. Article 2 The Red Cross Society of China is a unitary Red Cross organization of the People’s Republic of China and is a social relief organization that engages in humanitarian work. Article 3 All citizens of the People’s Republic of China who, regardless of ethnicity, race, sex, occupation, religious belief and education level,, recognize the Red Cross Society of China and pay membership dues, may join the Society on a voluntary basis. Article 4 The Red Cross Society of China shall abide by the Constitution and laws of China, adhere to the Fundamental Principles established by the International Red Cross and the Red Crescent Movement, and carry out its work independently in accordance with the Geneva Conventions and their Additional Protocols acceded to by China and the Statutes of the Red Cross Society of China. Article 5 The People’s Government shall provide support and financial aid to the Red Cross Society of China, ensuring the Society lawfully fulfills its duties and responsibilities, and exercise supervision over its activities; the Society shall assist the People’s Government in initiating activities relevant to its own duties and responsibilities. Article 6 The Red Cross Society of China shall develop friendly and cooperative relations with the Red Cross Societies and the Red Crescent Societies of all countries on the principles of independence, equality and mutual respect. Ï¿ ¦
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Y< p£ E3öGE k›Åç'Eb»=HÏS£ E3ö ^Ï¿ ¦ ö „SdB¥£ E3F® ^V Y ¦¡ölýT¥ ö÷ùv8b» ØHÏ¿ ¦ ö „S ö‚s öBaÕBaŸYa¯<a7aâñõ ªÏS£ E3öcñiš ,ön¥ V[1û•F£ E3öb» ¹HÏS£ E3öN oIE„E pNÖS=£ E3„£î ’ ë¥'ð5GvÏS•F¥ ° =ÿ# ¸Fpç €„ÏS£ E3öcñÿ ë1ö¹ 7ZýTb»ôH ¦ öŸ©£ E3öóͦû„'ù p£ E3öGE k›i îÉ›Sü £ E3öxù ¦ öŸ© 7ZÐ ¯3µ1¥îb» BHÏS£ E3öô ÿ ëa Ü©aºMM×¥ð5?Z]òS£ E3ö„£ö¥¶z†T1"b» þHÏS£ E3ö P¨â¸£ E3 Article 7 The Red Cross Society of China shall use the sign of a red cross against a white background. CHAPTER II ORGANIZATION Article 8 Local Red Cross Societies above the county level shall be established according to the division of the administrative areas and manned with full-time staff members based on the amount of work. Where necessary, national sectors can establish sector-specific Red Cross Societies The All-China Federation of the Red Cross Societies shall be established nationwide. Article 9 The Councils of the Red Cross Societies at various levels shall be democratically elected by member congresses. The Councils shall democratically elect the President and Vice-President. When the member congresses of the Red Cross Societies at various levels are not in session, the Councils shall implement the decisions made by the congresses. The Councils shall be responsible to member congresses, report their work to them, and accept their supervision. The Red Cross Societies at higher levels shall direct the work of the Societies at lower levels. Article 10 The All-China Federation of the Red Cross Societies shall have an Honorary President and several Honorary Vice-Presidents. The Honorary President and Honorary Vice-Presidents shall be invited and hired by the Council of The All-China Federation of the Red Cross Societies. Article 11 The All-China Federation of the Red Cross Societies shall have the legal status of a social organization; the local Red Cross Societies at various levels, and the sector-specific Red Cross Societies shall acquire the status of legal persons as social organizations as prescribed by law. CHAPTER III FUNCTIONS AND DUTIES Article 12 The Red Cross Society shall perform the S½b»=cF®»ÖHE)[ ¿›Ÿ u×y ë¹Zò)£ E3öô L=ýT³1 ¥!¯ýT ¦ôb †SŸ›<ô ³1 V[y ë›<£ E3öb †Sy ëÏS£ E3ö9öb»ôHò)£ E3ö Ø Yö®öô}Vvö ööÊ Á 3b Ø Yö ööÊ Á 3öÉ„¬öÉbò)£ E3ööô}Vvö>ö ùW® Ø
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E3öa›<£ E3öGE |¤ öv8E ¦'» Øc¯3» E=H£ E3ö k›/ ¯3 B 7Z÷¥!ýT 1 following functions and duties: (1) to make preparations for disaster relief; in case of natural disasters and emergencies, to offer relief and assistance to the sick, the injured and other victims; (2) to disseminate knowledge about hygiene, first aid skills, and disease prevention, conduct training in basic hygiene and first-aid skills, organize the masses to participate in on-site first-aid situations; participate in blood transfusion and donation activities; promote gratuitous donation of blood; and provide other humanitarian services; (3) to initiate Red Cross activities among the youth; (4) to take part in international humanitarian relief work; (5) to propagate the Fundamental Principles of the International Red Cross and the Red Crescent Movement and the Geneva Conventions and their Additional Protocols; (6) to fulfill the tasks entrusted by the people’s government in accordance with the Fundamental Principles of the International Red Cross and the Red Crescent Movement; and (7) to conduct its work in accordance with the relevant provisions of the Geneva Conventions and their Additional Protocols. Article 13 The Red Cross Society of China shall have the right to dispose of the accepted relief goods and materials; and in disposing of the contributed money and goods, it shall honour the wishes of the donors. Article 14 In conducting relief operations during natural disasters and emergencies, personnel, goods and materials, and transportation vehicles marked with the sign of the Red Cross shall enjoy priority in transportation. . Article 15 No organization or individual shall refuse or obstruct the staff of the Red Cross Society in performing their duties and responsibilities as prescribed by law. In cases of natural disasters and emergencies, those who utilize violence and threats to obstruct the staff of the Red –]„l? YqÏ h ¦ô„  ð s]€É›÷ù  = ô#Ï 3÷¹„]h© MÉ›)Ï 3÷¹ ¡ÞF® •Ù•FCÆ÷¹ •Ð {ÓDÓýTwîíÊDÓ 7Z  𠦡öl›î  Ø 7Z£ E3 ]  Mî  ¹•FS= ¦¡öl÷ñýT  ôÆ.S=£ E3„£î¥'ð5„ ° =ÿ# ¸Fpç €  BGvS=£ E3„£î¥'ð5›î ¦ öŸ©¾ YR  þGv ° =ÿ# ¸Fpç €¥µ1?ç 7ZýTb M1'  † Ê?c É M1 ‚Ó É» E ØH£ E3öµ ƒ)s ¤ s¥÷ùþ' )s < {þ H‹’M× <€¥iûb» E ¹H1 –]„l? Yqϳ›÷ù ©iSµ£ E3S½¥ ¦ôaþ'„ŒYý µª5Y›¥ ƒ æb M1'  † Ê?c É» EôH ©…F®„ñ ¦‚¤ 'aE¸£ E3öýT ¦ôGE k›¯3b1 –]„l? YqÏ[ ïa¯}ZEE¸£ E3öýT ¦ôGE k›¯3¥1v—E»Bäô E þH¥?çî— Y3 © E¸£ E3öýT ¦ Cross Society to perform their functions and duties as prescribed by law shall be investigated for criminal responsibility by applying the provisions of Article 157 of the Criminal Law; anyone who obstructs the staff of the Red Cross Society to perform their duties and responsibilities as prescribed by law without resorting to violence or threats, shall be punished according to the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security. CHAPTER IV SIGN Article 16 The sign of the Red Cross plays a protective and an indicative role. The protective role of the sign of the Red Cross is to indicate that personnel and equipment must be respected and protected in armed conflicts. And the method for utilizing the sign shall be carried out according to the relevant regulations prescribed within the Geneva Convention and the Additional Protocols The indicative role of the sign of the Red Cross is to show mark the personnel or goods that are involved in activities of the Red Cross. The way the sign is used shall be determined by the State Council. Article 17 Where the sign of the Red Crescent is used due to religious beliefs, the provisions on the use of the sign of the Red Cross shall apply. Article 18 In case the armed forces use the sign of the Red Cross, the relevant provisions of the Geneva Conventions and their Additional Protocols shall apply. Article 19 Abuses of the sign of the Red Cross is prohibited. In case the sign of the Red Cross is abused, the Red Cross Society shall have the right to demand that such acts be ceased; in case of refusal to cease such acts, the Red Cross Society may appeal to the people’s government to deal with the matter according to the provisions of relevant laws and regulations. CHAPTER V FUNDS AND PROPERTY ôGE k›¯3à P¨ ïa¯}ZE¥1vͽ5 Ø)@H è» EôH¥?ç)@b M1'  E p É † Ê?c É ¹ZE? É» ¹cS½» E BH£ E3S½ µ ¹T¨„S üT¨b£ E3S½¥ ¹ P¨ ^S Uó  lÏA¶ sžMׄ ¹¥ ¦ô„ !!b  P¨÷EGv ° =ÿ# ¸Fpç €¥µ1?ç³›b£ E3S½¥S ü P¨ ^S UУ E3îµ1¥ ¦€þb  P¨÷E®Sý?çb» E þHy7 P¨£S½¥  P¨÷E a¨£ E3S½¥ P¨?çb» EÖH + P¨£ E3S½Gv ° =ÿ# ¸Fpç €¥µ1?ç³›b» EôH̸ ¯¨£ E3S½b¿ ¯¨£ E3S½¥£ E3öµ ƒ1 p T¸ P¨ 'T¸ P¨¥£ E3ö V[4 h ¦ öŸ©¿vµ1E paE?¥?çÍ[) Øb»ôcÜnÐÁ Article 20 The funds of the Red Cross Society come mainly from: (1) membership dues paid by members of the Red Cross Society; (2) money and goods donated by domestic or overseas organizations and individuals; (3) incomes derived from movable and immovable property; and (4) appropriations of the people’s government. Article 21 The State shall support the social welfare undertakings set up by the Red Cross Society in conformity with its aims to benefit society. Article 22 The Red Cross Society may, for the purpose of extending relief and assistance, conduct fundraising activities. . Article 23 The goods and materials donated to the Red Cross Society for the purpose of relief and public welfare undertakings may enjoy preferential tax reduction or exemption treatment in accordance with the relevant provisions of the State. Article 24 The Red Cross Society shall establish a system for examining and supervising the use of its funds. The Red Cross Society shall use its funds in conformity with its aims. The Red Cross Society shall establish a specialized examination and supervision system for donations from abroad. The Red Cross Society shall report to its Council every year on the sources and use of its funds. Article 25 The use of the funds of the Red Cross Society shall be in accordance with the provisions of relevant laws and regulations of the State, and be subjected to the examination and supervision of the People’s Government. Article 26 No organization or individual shall appropriate or misuse the funds or property of the Red Cross Society. CHAPTER VI SUPPLEMENTARY PROVISIONS »= EH£ E3öÜn¥ö1 Ÿ÷ B£ E3ööôš ,¥ön  =¤ sS =“F®„ñ ¦ <¥ {þ  ØîÁ„‚îÁ¥ l Æ  ¹ ¦ öŸ©¥m {b»= EBHSE£ E3ö–÷¥Ð 7»M˜¥ öž æ Y<óÍ“ûb»= E=H£ E3ö¹ 7Z÷ùýT V[É›  îb»= E ØH£ E3ö¤ s¨¿÷ù„m Y<¥ <þ'¿vSEµ1?çZ sh ¥a ç ¥¥ªò€Ûb»= E ¹H£ E3öy ëÜn ,°SüÅb£ E3ö¥Ün P¨‹’Ð 7»MBÁb£ Eö¤ s¥â“ < {þ‹’y ë[ ,°SüÅb£ E3öÜn¥ Ÿ÷„ P¨ f ƒ Ä M_£ E3ö Ø Yöáb»= EôH£ E3ö¥Ün P¨ f ƒGvSEµ1E paE?¥?ç¤ s ¦ öŸ©¥_°Süb»= E BH ©…F®„ñ ¦‚¤ S]„ s¨£ E3ö¥Ün„Áb» Bc¸5»= E þH'E îëoS=£ E3„£î ’ ë¥'ð5p ^·B Article 27 "The Fundamental Principles of the International Red Cross and the Red Crescent Movement" as mentioned in this Law refers to the seven fundamental principles, namely, humanity, impartiality, neutrality, independence, voluntary service, unity and universality, listed in the Statutes of the International Red Cross and the Red Crescent Movement adopted by the Twenty-fifth International Red Cross Conference in Geneva in October 1986. "The Geneva Conventions" as mentioned in this Law refers to the four conventions concluded in Geneva on 12 August 1949 and then acceded by the People’s Republic of China, namely, the Geneva Convention on Amelioration of the Conditions of the Wounded and the Sick in Armed Forces in the Field, the Geneva Convention on Amelioration of the Conditions of the Wounded, the Sick and Shipwrecked Members of Armed Forces, the Geneva Convention on Treatment of Prisoners of War, and the Geneva Convention on Protection of Civilians in Time of War. "The Additional Protocols" to the Geneva Conventions as mentioned in this Law refers to the Additional Protocols to the Four Geneva Conventions, concluded on 12 August 1949, concerning the Protection of Victims in International Armed Conflicts and the Additional Protocol to the Four Geneva Conventions on 12 October 1949, Concerning the Protection of Victims in Non-international Armed Conflicts acceded to by the People’s Republic of China on 8 June 1977. Article 28 This Law shall come into effect at the date of its promulgation. Translated and reviewed by Shin-yee Yu and Shawn Shieh ôÖ B M E ° =S=£ E3vö»= EôQöpYV¥oS=£ E3„£îcñpÏ ’ ë¥ ¦¡ŸažŸaÏ ëŸaÿ ëŸa½û›adBŸ„ ôRŸ þ['ð5b'E îëo ° =ÿp ^·ÏSF Æ¥¿Bô ¹ô MÖ E= °¿²¥ ° = ¹ÿ'u¿ ÿ^¹ó † €h€âÛ­ ° =ÿvau¿ ÿZ ó † €h€#Û/ 4€âÛ­ ° =ÿvau1¿^š€Û­ ° =ÿv„u1¿^ H ¹ Ü ö­ ° =ÿvb'E îë ° =ÿo¸Fpç €p ^·ÏSF Æ¥¿Bô þ þ M BÖ °¿²¥uBô ¹ô MÖ E= ° ° = ¹ÿ1¿ ¹S=Ÿó  l s 4€¥¸Fpç €v„uBô ¹ô MÖ E= ° ° = ¹ÿ1¿ ¹dS=Ÿó  l s 4€¥¸Fpç €vb M1'  ›ŸE? É»= EÖH'E1ƒ­ °  @›b

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