Proposed changes to China\u2019s policing law would grant officers greater discretionary power to use firearms in cases involving public and national security, a step that some activists contend could diminish human rights protections.<\/p>\n
Joyce Huang
\u200b\u200b\u200b\u200b\u200b\u200b\u200bDecember 07, 2016 12:55 PM<\/p>\n
Proposed changes to China\u2019s policing law would grant officers greater discretionary power to use firearms in cases involving public and national security, a step that some activists contend could diminish human rights protections.<\/p>\n
China last week published draft amendments to its Police Law of 1995. A notice on the Chinese Public Security Bureau\u2019s website said public comment would be accepted through December.<\/p>\n
One amendment, Article 31, proposes that police be allowed to use firearms against suspects of public and national security offenses under certain circumstances: if suspects ignore their warnings and try to flee or resist arrest, or when officers face life-threatening assault.<\/p>\n
Analysts say such provisions align with those enshrined in China\u2019s controversial counterterrorism laws passed in late 2015. One measure permits police to use weapons in \u201cemergency circumstances\u201d on people committing violent acts, where their warnings prove ineffective.<\/p>\n
Another revision, Article 32, would prohibit police from using weapons against pregnant women or children, or at places where inflammable explosives or radioactive materials are stored.<\/p>\n
Discretionary power<\/strong><\/p>\n The proposals set a clearer boundary for country-level police to use firearms, but ends up allowing authorities to show discretion in determining which circumstances concern public and national security.<\/p>\n China’s legislature, the National People\u2019s Congress, is expected to approve the draft law.<\/p>\n Li Xiangyang, a human rights lawyer from Shandong province, told VOA that while its \u201cnew restrictions are minor,\u201d the draft \u201cin general expands the police\u2019s discretionary power, which will create room\u201d for police to attack human rights activists.<\/p>\n Li also expressed concerns over the proposed law\u2019s enforcement, because police serve those in power and have often abused their powers.<\/p>\n “Amendments to the policing law will not make a difference,” Li added. “Let me say this: As long as the authoritarian rule in China remains, the rule of law won\u2019t be honored no matter how progressive the country\u2019s laws have been revised.”<\/p>\n Some rights defenders fear police could gun down dissidents, whom they sometimes define as terrorists or mobs. Rights activists say the measures could give police legal justification to use \u2013 or abuse \u2013 their power.<\/p>\n