Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

Wednesday, May 13, 2015

China's draft law on overseas NGOs

The Chinese government recently released for public comment a draft of a proposed law on overseas NGOs. ("Overseas" is the standard translation for 境外, which means non-mainland, i.e., territories not under the direct control of the Chinese government, including Hong Kong and Macao as well as foreign countries.) The law's reach is very broad, prohibiting any activities within China by any overseas NGOs (meaning any organization that is neither governmental nor for-profit) unless they register with the police.

This goes way beyond making life difficult for NGOs now operating in China. It means that foreign universities, for example, can't have any "activities" in China unless they register with the police (and their registration is approved). It means that the Poughkeepsie Optometrists Association can't have its annual convention on the beach in Hainan without registering with the police. Oddly, it means that the US Chamber of Commerce can't (without registering) hire a consultant in China to do a marketing study, even though any of its for-profit members, or even the Department of Commerce itself, could. Can this result possibly have been intended?

Here are some links [see May 16 post for more links]:

Chinese text: http://www.npc.gov.cn/npc/xinwen/lfgz/flca/2015-05/05/content_1935666.htm

Translations:

China Development Brief: http://chinadevelopmentbrief.cn/articles/cdb-english-translation-of-the-overseas-ngo-management-law-second-draft/

China Law Translate: http://chinalawtranslate.com/en/foreign-ngo-draft-2/

Commentary:

China Law and Policy blog:

Part 1: http://chinalawandpolicy.com/2015/05/10/a-slow-death-chinas-draft-foreign-ngo-management-law/

Part 2: http://chinalawandpolicy.com/2015/05/11/the-future-is-already-present-how-the-draft-foreign-ngo-management-law-could-be-applied/

Part 3: http://chinalawandpolicy.com/2015/05/12/one-love-how-foreign-ngos-governments-should-respond-to-chinas-draft-foreign-ngo-law/

Prof. Jia Xijin 贾西津 (Tsinghua Univ.) (in Chinese): http://news.ifeng.com/a/20150511/43732232_0.shtml/

 

http://lawprofessors.typepad.com/china_law_prof_blog/2015/05/chinas-draft-law-on-overseas-ngos.html

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Comments

Under Xi Jin-ping, one would expect more draconian measures and laws will be introduced. Any one who expect China will become more liberal in policies will be disappointed.

Posted by: Frankie Fook-lun Leung | Jun 2, 2015 4:30:21 PM

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