A Comparative Study of Laws of Assembly in China: Historical Continuity or Political Departure?

Kam C. Wong, Xavier University

Abstract

This paper is a comparative study of the law of assembly between the People’s Republic of China (PRC) versus the Republic of China (Taiwan or ROC).

The comparison is achieved by looking at how these two Chinese societies controlled the exercise of police powers during assembly, procession, and demonstration (collectively, “public assembly”). Particularly, this paper looks at the constitutional mandate and institutional limitations on the exercise of police powers in the management of public gatherings, e.g. what are the roles and functions, and powers and limitations of the police in dealing with public assembly application and conduct.