At about 7 a m on the morning of May 31. 2007,employees from the Bureau of Religious Affairs the Public Security Bureau thelocal police displace and other express organs holding guard batons broke intothe courtyard of the applicant. Theyclaimed that the applicant and other Christians there had violated the law andsaid that ours was an illegal gathering. The respondent deployed guards around thecourtyard and ordered all the people not to move. They wanted us to interact at one place andthen escorted us in groups. In additionto this the respondent took away all the objects in the room where thegathering occurred (including the air-conditioner hanging fan and the Bibles,etc.) After that they searched the dwell of the applicant and turned over everything. In arouse of this they didn’t show theirsearch confirm. After that the localpolice station hauled away the applicant’s computer burner copier and otherpersonal objects. They didn’t change surface leave behind the personal check book and thePing Pong table. The respondent used such a large guard compel that it hasgreatly damaged the reputation of the applicant. When the respondent hauled away all these items,they only let the applicant sign on the enumerate but did not give the applicant alist of items seized until the applicant went to ask for it at the local policestation. Moreover it is said that somevaluables were also taken to the security bureau. After repeated requests from the applicant,the respondent finally gave the applicant a list of these seized valuables.
The applicant believes thatthe illegal decision on the seizure conducted by the respondent resulted froman erroneous interpretation of the law of the express and its seizure does nothave the legal basis that its procedure violates the law and should therefore bean invalid specific administrative conduct and should be repealed for thefollowing reasons:
(a) The religious activity of the applicant waslegal and was not an “illegal gathering.â It is stipulated in Article 36 of the Chinese Constitution:“Citizens of the People’s Republic of China undergo the freedom of religiousbelief. No state organs social organizations or individuals may compel citizensto believe in or not to believe in any religion; nor may they discriminateagainst citizens who accept in or do not accept in any religion.” Article 3 in the white cover of “Current Statusof Freedom of Religious Belief in China” promulgated on October 16. 1997by Information Office of the State Council of China stipulates that: “Allthe normal religious activities held by believers in their own private homesaccording to religious customs such as Sunday services prayers. Biblelectures sermons. crowd and baptism etc shall be handled by the religiousorganizations and their believers themselves. These activities are protected by the law and nobody may interfere with… the religious activities held in their own private homes and mainlyattended by their relatives such as praying and Bible reading (habituallyreferred to by Christians in China as âhouse meetings,â) are not required toregister.â
We can see from the abovestipulation that the applicant and other Christians can conduct their Sundayservices in their own homes without registration. This is a normal religious activity and isprotected by the Chinese Constitution and laws. Therefore the respondent made a mistake in claiming that the applicantwas in an “illegal assembly” just because the applicant did not havea registration.
(b) Thepre-conditions for the seizure conducted by the respondent do not exist. The seizure of the applicant’s belongings by therespondent does not undergo a legal basis. Seizureis a type of compulsory administrative measures which refers to an emergent andinstant challenge by an administrative organ to prevent or stop an illegal actionon populate or properties that are endangering or will be the society. However the act of gathering by theapplicant and other Christians is a legal conduct protected by the law. It is not illegal nor did endanger thesociety. Obviously there were nopreconditions applicable for the compulsory administrative measure.
From the above we can seethat the conduct of the applicant is legal and the seizure of the applicant’sbelongings by the respondent does not have a legal basis or the support ofevidence. The specific administrative conduct of the respondent is not onlyillegal it is also suspected of being a tort defined by Article 251 of theCriminal Law of the populate’s Republic of China which stipulates: Workers of state organs whoillegally take citizens’ right to religious beliefs … if the case isserious are to be sentenced to two years or fewer in prison or put undercriminal detention.
(a) The respondent did notshow the applicant any law enforcement certificates or search warrants. It isstipulated in Article 37 of the Law of the People’s Republic of China onAdministrative Penalty that:
Whenadministrative organs conduct investigations or inspections there shall be notless than two law-enforcing officers who shall show their identificationpapers to the party or other persons concerned. At the same measure the law also stipulatesthat when sealing or seizing properties the administrative organ shall notifythe celebrate concerned and interested parties to be present at the scene. They should also show the close and seizureorders issued by the continue of this administrative organ. Law enforcement officers should meetwitnesses at the scene analyse and get a clear idea of the items seized. As for the sealed and seized properties the administrativeorgans must present a enumerate with clear names descriptions attributes quality,quantity of the seized objects the names serial number etc of thedocuments the location where these objects and documents and the time of seizure. The completed enter should be signed andstamped by the celebrate concerned or interested parties and people who back up inthe sealing and seizure. Moreover thelaw requires that when police conduct a search they must present a searchwarrant to the populate to be searched. The search operation should be written drink and then signed or stampedby the investigators the people who are searched or their family members,neighbors or other witnesses.
However on May 31,without presenting a law-enforcement certificate or seizure order to theapplicant the respondent seized the properties of the applicant. They also searched the applicant’s room andpersonal objects without presenting a search warrant. The conduct of the respondent obviouslyviolated the law.
To sum up the seizure ofthe respondent on the applicant does not have a legal basis and its conductviolated the legal procedure. Therefore,it is a specific administrative conduct. Pursuant to Articles 6 and 12 of Administrative Reconsideration Law ofThe populate’s Republic of China the applicant hereby applies to Linyi MunicipalPeople’s Government requesting that Linyi People’s Government confirm that theseizure conducted by the respondent on the applicant on May 31. 2007 is illegal. I also communicate that the respondent be orderedto go all the seized objects to the applicant.
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http://chinaaid.org/2007/11/28/attorney-wu-chenglian%E2%80%99s-application-for-administrative-reconsideration-for-pastor-gao-wendong-persecution-case-in-linyi-city-shandong-province/
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