Practice Relating to Rule 99. Deprivation of Liberty
Section B. Deprivation of liberty in accordance with legal procedures
China’s Criminal Procedure Law (1979), as amended in 1996, states:
Article 64 When detaining a person, a public security organ must produce a detention warrant.
Within 24 hours after a person has been detained, his family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.
Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to obtain a guarantor pending trial or place him under residential surveillance.
China’s Martial Law (1996) states:
The martial-law-enforcing officers shall have the persons, whom they have detained in accordance with the provisions of this Law, immediately registered and interrogated and shall release the ones as soon as they find that there is no need to detain them any longer.
During the period of martial law, the procedures and time limit for detention and arrest may be free from the restrictions of the relevant provisions of the Criminal Procedure Law of the People’s Republic of China, except that an arrest shall be subject to approval or decision of a People’s Procuratorate.