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FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7615
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RUEKJCS/SECDEF WASHINGTON DC PRIORITY
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UNCLAS BEIJING 000107 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL CH
SUBJECT: DRAFT AMENDMENTS TO ADMINISTRATIVE DETENTION 
REGULATIONS 
 
 ¶1. (SBU) Summary: On November 9, 2009 the Legislative 
Affairs Office of the Chinese State Council released for 
public comment proposed changes to regulations regarding 
detainees under special administrative detention. The draft 
contained a list of proposed changes that seemed to be aimed 
at assuaging the growing criticism of Chinese security 
officials in the wake of high-profile scandals involving 
police shakedowns and brutality towards detainees. 
Amendments include provisions addressing issues such as 
detainee living quarters and informing detainees of their 
rights. In the draft regulations, detainees are defined as 
individuals under administrative detention by police or state 
security agencies, the courts and immigration authorities. 
The public comment period closed on November 30, 2009 and, to 
date, the Chinese government has not indicated when the 
regulations will be promulgated.  End Summary. 
 
Draft Regulations on Administrative 
Detention Released 
----------------------------------- 
 
¶2. (SBU) On November 9, the Legislative Affairs Office of the 
Chinese State Council released proposed changes to 
regulations regarding the treatment of individuals under 
special administrative detention in Chinese detention 
facilities. The Ministry of Public Security reportedly 
drafted the document in consultation with legal experts and 
scholars in the wake of a number of high profile cases, 
widely reported in the domestic Chinese media, of abuses of 
petitioners, demonstrators and other administrative detainees 
held in so-called "black jails." If ratified, these 
regulations would replace the current Public Security 
Administration Punishments Law that took effect March 1, 
¶2006. 
 
¶3. (SBU) For the purpose of the draft, detainees were defined 
as individuals under special administrative detention by 
police or state security agencies, persons given judicial 
detention by a court, foreigners held under suspicion of 
breaking China's border exit and entry laws and persons given 
detention for breaking Chinese Law on Assemblies, Processions 
and Demonstrations or Martial Law.  The release of the draft 
regulations was initially met by confusion among the media 
and legal experts. Some western media outlets mistakenly 
stated that the proposed changes would affect all individuals 
taken into custody by police, state security agencies or 
other agencies, to include those charged with criminal 
offences. 
 
¶4.  (SBU) The proposed amendments would not apply to 
individuals detained on routine criminal charges who make up 
the majority of those individuals under police detention. 
They also do not apply to those in the &Reform through 
Labor8 system. A local legal expert told us that his office 
had received numerous calls from other agencies confused by 
the definition of the term "detainee." 
 
New Regulations 
--------------- 
 
¶5. (SBU) While the proposed regulations contain 39 clauses 
and cover topics as varied as guidelines for detainees' 
living quarters and release of detainees found to be wrongly 
confined, some of the most significant provisions include 
informing detainees of their rights upon being taken into 
custody, clearly stating that police cannot charge detainees 
for food or lodging, and prohibiting forced labor. The draft 
also lays out procedures for notifying relatives or legal 
counsel after persons are detained, granting temporary 
release under limited circumstances, and handling the death 
of a detainee. 
 
Next Steps 
---------- 
 
¶6. (SBU) After releasing the draft, the State Council asked 
for public feedback on the proposed changes. A website, 
mailing address and email address were established to collect 
opinions and comments. A deadline of November 30, 2009, was 
given for those wanting to respond.  To date, the Chinese 
government has neither released any information about the 
number or nature of the responses that it received, nor 
indicated when the regulations will be promulgated. 
HUNTSMAN