Cap. A5

Amendments to the Constitution of the People’s Republic of China (Adopted at the Second Session of the Tenth National People’ s Congress on March 14, 2004Published for Enforcement by the Announcement of the National People’s Congress on March 14, 2004) Editorial Notes: 1. This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (http://www.elegislation.gov.hk) for identification purposes. This also enables users to carry out a search by reference to the unofficial reference number. 2. This English translation is reproduced from the publication “The Laws of the People’s Republic of China 2004”, compiled by the Legislative Affairs Commission of the Standing Committee of the National People’s Congress of the People’s Republic of China. It is for reference only and has no legislative effect. Article 18 In the seventh paragraph of the Preamble to the Constitution, “under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory” is revised to read, “under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents”; “along the road of building socialism with Chinese characteristics” is revised to read, “along the road of Chinese-style socialism”; and after “to modernize the country’s industry, agriculture, national defence and science and technology step by step” is added “and promote the coordinated development of the material, political and spiritual civilizations”. The whole paragraph is revised accordingly, which reads, “The victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step and promote the coordinated development of the material, political and spiritual civilizations, to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.” Article 19 The second sentence of the tenth paragraph of the Preamble to the Constitution, which reads, “In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all patriots who support socialism, and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed”, is revised to read, “In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed.” Article 20 The third paragraph of Article 10 of the Constitution, which reads, “The State may, in the public interest, requisition land for its use in accordance with law”, is revised to read, “The State may, in the public interest and in accordance with law, expropriate or requisition land for its use and make compensation for the land expropriated or requisitioned.” Article 21 The second paragraph of Article 11 of the Constitution, which reads, “The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy, and exercises guidance, supervision and control over the individual and the private sectors of the economy”, is revised to read, “The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy. The State encourages, supports and guides the development of the non-public sectors of the economy and, in accordance with law, exercises supervision and control over the non-public sectors of the economy.” Article 22 Article 13 of the Constitution, which reads, “The State protects the right of citizens to own lawfully earned income, savings, houses and other lawful property.” “The State protects according to law the right of citizens to inherit private property”, is revised to read, “Citizens’ lawful private property is inviolable.” “The State, in accordance with law, protects the rights of citizens to private property and to its inheritance.” “The State may, in the public interest and in accordance with law, expropriate or requisition private property for its use and make compensation for the private property expropriated or requisitioned.” Article 23 One paragraph is added to Article 14 of the Constitution as the fourth paragraph, which reads, “The State establishes a sound social security system compatible with the level of economic development.” Article 24 One paragraph is added to Article 33 of the Constitution as the third paragraph, which reads, “The State respects and preserves human rights.” The original third paragraph is changed to be the fourth. Article 25 The first paragraph of Article 59 of the Constitution, which reads, “The National People’s Congress is composed of deputies elected from the provinces, autonomous regions and municipalities directly under the Central Government and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation”, is revised to read, “The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.” Article 26 The 20th subparagraph of Article 67 of the Constitution on the functions and powers of the Standing Committee of the National People’s Congress, which reads, “(20) to decide on the imposition of martial law throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government” is revised to read, “(20) to decide on entering into the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government.” Article 27 Article 80 of the Constitution, which reads, “The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers State medals and titles of honour; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders”, is revised to read, “The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers State medals and titles of honour; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.” Article 28 Article 81 of the Constitution, which reads, “The President of the People’s Republic of China receives foreign diplomatic representatives on behalf of the People’s Republic of China and, in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states”, is revised to read, “The President of the People’s Republic of China, on behalf of the People’s Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.” Article 29 The 16th subparagraph of Article 89 of the Constitution on the functions and powers of the State Council, which reads, “(16) to decide on the imposition of martial law in parts of provinces, autonomous regions, and municipalities directly under the Central Government” is revised to read, “(16) in accordance with the provisions of law, to decide on entering into the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government.” Article 30 Article 98 of the Constitution, which reads, “The term of office of the people’s congresses of provinces, municipalities directly under the Central Government, counties, cities and municipal districts is five years. The term of office of the people’s congresses of townships, nationality townships and towns is three years”, is revised to read, “The term of office of the local people’s congresses at various levels is five years.” Article 31 The title of the fourth chapter of the Constitution, which reads, “The National Flag, the National Emblem and the Capital”, is revised to read, “The National Flag, the National Anthem, the National Emblem and the Capital”. And one paragraph is added to Article 136 of the Constitution as the second paragraph, which reads, “The national anthem of the People’s Republic of China is the March of the Volunteers.”