A New Environmental Protection Law Came Into Effect from 1 January 2015

A new environmental protection law came into effect from 1 January 2015.

Source: Zhu Huiqing, Lin Hanzhi, Xinhuanet, 24 April 2014, with English translation.

(a) What does the character at the bottom of the cartoon represent?

Polluting companies.

(b)Why does the cartoonist portray this characteras a chimney?

Factory chimneys emit smoke, and are often used to represent pollution.

(a)What do the hammer and the chimney plug represent respectively?

Hammer / New environmental protection law.
A Chimney Plug / Pollution Preventive Measures.

(b) The hammer is moved down onto the chimney plug. What does this represent?

Consolidated measures to prevent pollution. /
New environmental protection law prevents related companies from
continuing to pollute the environment.
(Other reasonable and relevantanswers are acceptable.)

(a)Which of the following organisations does the hand in the cartoon represent?

 / Central People's Government /  / Supreme People's Court
 / Supreme People's Procuratorate /  / Standing Committee of the National People's Congress

(b)Which of the following functions and powers of the Constitution of the People's Republic of China doesit exercise here?

 / To amendtheConstitution
 / To interpretthe Constitution and supervise itsenforcement
 / To enact and amend laws, with the exception of those which should be enacted by the National People's Congress
 / To adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and other laws

(a)Based on your own knowledge, are there any Hong Kong residents involved in the work of the organisation mentioned in the correct answer for 3(a)?

Yes, there are.

(b)Based on the previous question, which provisionsin the Basic Lawmention therelated arrangements?

Article 21.

Environmental Protection Law of the People's Republic of China.

(Translated Excerpts)

Chapter VILegal Liabilities

Article 59

Where anenterpriseor other produceror business operatoris fined due to illegal discharge of pollutants, and is ordered to make correction, butif the said entity refuses to make correction, the administrative organ thatmakes the punishment decisionpursuant to the law may impose the fine thereon consecutively on a daily basis according to the original amount of the fine, starting on the second day from the date of ordered correction.

The fine prescribed in the preceding paragraph shallbe enforced, pursuant to the relevant laws and regulations, in accordance with considerations of the operating costs of pollution preventionand control facilities, direct loss or illegal gains caused by such violations.

Local regulations, based on actual environmental protection requirements, may extend the coverage of the types of violation activities that would be subject to the accumulative daily-based fine as stipulated in the first paragraph.

Article 60

Where an enterpriseor other produceror business operatordischarges pollutants in excess of emission standards, or in excess of the total emission quota of major pollutants, the respective environmental protection departments of the people's governments above the county level may order it to restrict production or emission or to suspend production for rectifications. Undersevere circumstances, it shall be reported tothe respective people’s government which has jurisdiction to approve the order for suspension of operation or shutdown of an enterprise or institution.

Article 61

For construction projects that proceed to commence construction prior to submission of EnvironmentalImpact Assessment (EIA) reports or having such reports approved, the respective government departments responsible for environmental protection supervision shall orderthem to stop the construction, impose fine penalty and require restoration to original state.

Article 62

For key pollutant-discharging units thatviolate this Law and fail to disclose at all or disclose false environmental information, the respective environmental departments of the local people’s governments above the county level shall order them to disclose such information, impose a fine penalty, andissue a public notice on their violation.

Article 63

Where an enterprise or other producer or business operator commits any of the following acts which does not constitute a crime, in addition to penalties pursuant to the relevant laws and regulations, the case shall be transferred to the public security organ by the respective environmental protection department of the people’s government above the county level or other relevant department, and the person(s)directly in charge and other personnel subject todirect liabilities shall be imposed a detention for 10 to 15 days; in case the circumstances are relatively minor, a detention for 5 to 10 days shall be imposed:

(1) Where the said entity's construction project has not been subject to environmental impact assessments in accordance with the law, and is ordered to stop the construction, but has refused to comply;

(2) Where the said entity, in violation of the law, discharges pollutants without a pollutant discharge permit, and is ordered to stop the discharge, but has refused to comply;

(3) Where the said entity discharges pollutants illegally by evading supervision through concealed drains, seepage wells or pits, perfusions, or has tampered or forged monitoring data,orhas not operated the facilities designedto prevent pollution in a normal manner;

(4) Where the said entity produces or uses pesticides that are expressly prohibited by the State, and is ordered to make correction, but has refused to comply.

Article 64

Those who pollute the environment and cause ecological destruction shall be subject to the tort liability in accordance with provisions in theTort Law of the People's Republic of China.

Article 65

Environmental impact assessment agencies, environmental monitoring agencies and agencies engaged in the operations and maintenance of monitoring equipment, pollution preventionand control facilities which havebeen proven to be fraudulent in providing environmental services, and are responsible for the environmentalpollution and ecological damage as a result of their fraud, shall bear joint liability with the other(s) found responsible for the pollution and damages caused, in addition to penalties pursuant to relevant laws and regulations.

Article 66

The validity period for prosecution with respect to compensation for the damages caused by environment pollution is three years, effective from the time when the party becomes awareof or shouldbecome aware of the damage.

Article 67

The people's governments at higher levels and their respective environmental protection departments shall strengthen the supervision and inspection on the environmental protection work of the people's governments at lower levels and their respective departments, and they should recommend penalty measures to the appointment and removal organs or supervisory organs of any staff member who has been identified to violate the laws and shall be subject to administrative penaltiesWhere the respective environmental protection departmentshasfailed to issue administrative penalties despite being required to do so in accordance with the law, the respective environmental protection departmentof higher level people’s government may directly decide on the administrative penalties.

Article 68

Where the local people's governments at various levels, respective environmental protection departments of the people’s governments at or above the county level or other departments with environmental supervision responsibilities commit any of the following acts, the person(s) directly in charge and other personnel subject to direct liabilitiesshall be given a demerit, a serious demerit or be demoted; where severe consequences are caused, the foregoing persons shall be removed from office or dismissed, and the responsible persons in charge of the relevant departments shall take responsibility and resign from office:

(1) Where they have granted administrative permits to applicants that have failed to meet the requirements;

(2) Where they have covered up illegal environment-related activities;

(3) Where they have failed to make decisions on suspensionof production or closuredespite being required to do so pursuantto the law;

(4) Where they have failed to promptly investigate on the discovery or receipt of reports on acts of excessive discharge of pollutants, discharge of pollutants through means that are in violation of the regulations and cause environmental accidents, failure to enforce ecological protection measures that lead to ecological damage, etc.;

(5) Where they have violated this Law to seal up and detain facilities and equipment of enterprises and other producers and business operators;

(6) Where they have tampered, forged, or instigated others to tamper or forge the monitoring data;

(7) Where they have failed to disclose environmental information that should be disclosed in accordance with the law;

(8) Where they have withheld, misappropriated or diverted for other purposes the pollutant discharge fees collected;

(9) Where they have committed other illegal acts as prescribed by laws and regulations.

Article 69

Those violate this Law constitutes a criminal offence and the perpetrator shall be investigated for criminal liabilities in accordance with the law.