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[b]Is there police service for the keeping of the public peace in your nation?[/b]
[b]Is this police force centrally provided, or provided by local agencies or even non-governmental organizations?[/b]
[b]What is the functional structure of your police force(s) like?[/b]
[b]What are the powers of the police?[/b]
[b]What are the rights of the public pertaining to the police?[/b]
[b]How are policemen received in your nation?[/b]
The police forces are armed public servants administered and governed by provincial governments (with some elements of central regulation to ensure basic national uniformity). The people of each province has a right to enjoy police forces, in order to bring about peace and order, and in most cases each province provides its own police force, but some provinces elect to share police forces amongst them, if the population is especially sparse or otherwise deeply connected with another province.
Structure
Each province has a police force regulated and governed by the Police Directorate. This organization uniformly exists in all provinces, whether particular to a province or shared between two or more provinces, but is not compulsory, as while a province has the duty to provide police services, it is not mandatory to administer it through a dedicated directorate, which are first-level executive agencies below the provincial governor and the executive council. The head of each police directorate is called the director. A central agency called the Police Directorate-general exists to mediate differences and handle administrative disputes between provinces, and it is led by the commissioner. A director is responsible to the commissioner though the latter does not appoint the former. Provincially, the director is the professional head of the provincial police force, and is subordinate politically to a particular provincial minister who is assigned the public order portfolio or similar.
The provincial police directorate does not involve itself in the day-to-day running of the police force, which is delegated to the counties. Rather, it is concerned with the fiscal, technical, administrative, and educational aspect of the police force. Hence, recruitment is done at the provincial level, as well as post-recruitment training. The county has a bureau (again, first-level executive agency of the county under its chairman and executive committee) headed by the county police chief. The bureau has military-style control over its branch offices and outposts, and the chief can legally order all his subordinates to do what is legally permissible, given parameters laid down by superiors. The county police chief is the chief operational officer of the county police. He does not respond to the county government the same way the director is subordinate to a responsible minister, but currently legislation requires all county police bureaus to co-operate with county governments. The county police chief is appointed by the county chairman upon the recommendation of the provincial governor.
Rank
All members of the police service are divided into two broad categories, police personnel and police officers, and members hold two titles -- a rank and an office. There exists some correlation between the rank and office, as an officer superior in rank usually receives a superior though not necessarily powerful office compared to another officer. A police constable executes the instructions given to him and in some circumstances may be permitted to exercise some managerial or commanding power, but this is exceptional. Ranks, given by grades I through V with a lower number being junior, within the constabulary reflect seniority and not superiority. A police officer commands constables and receive commands from other officers. Police officers are divided into three classes, commissioned officers, auxiliary officers, and non-commissioned officers. Commissioned officers are the highest in rank and hold the most senior offices. A police officer can hold rank without holding office, though not the other way around. The supreme head of the police forces, holds the rank Commissioned-III and the office of commissioner-general of police forces. He answers to the junior minister for public peace and order currently titled Under-Secretary of State for Public Peace (公共安全協理政務委員); the same minister has several other public safety organizations under his watchful eye, and he in turn assists the Secretary of State for Home Affairs (內政政務委員). The commissioner general is appointed by that minister with the recommendation of the Under-Secretary. While inferior to ministers, the commissioner-general does not need to obey the command of his political masters but only his professional judgment, as he stands guaranteed by the constitution of freedom from political interference. He holds this office during pleasure of the Secretary of State and can be re-appointed ad infinitum until he retires at age 75. He is, however, liable to be removed from office at any time; hence, a certain friction is present between the commissioner-general and his subordinates, who often rose through the ranks. Policemen refer to a hastily appointed and inexperienced commissioner-general as "hot-air-balloon commissioner-general" (熱氣球署長).
The naked eye can usually tell the difference between a police personnel and officer: the former wears uniform while the latter does not usually wear uniform, though they exist for all ranks. The numerical disparity between officers and personnel is about 1-to-50, total numbering 25,000 officers governing over 10,000,000 policemen. Enlisted personnel only require a diploma for police training issued by the provincial government. Officer candidates possess a decree (equivalent to masters) from the Police Academies as prerequisite for appointment.
Powers and Duties
The police forces in general holds the mandate to preserve the public peace and order, with the option to utilize proportionable force if necessary.
In order that this objective be achieved, enlisted personnel under current legislation are permitted to: --
- Detain (note 1) any person not privileged (note 2) from detention.
Search the person, attire, and personal effects for superficial information. (note 3)
Request and take cognizance of (note 4) information from any person to assist the performance of his duties.
Execute warrants for searches, seizures, and observation to him directed by his immediate superior officer.
A police officer, in addition to the above, are permitted to: --
- Command a formal arrest and committal to custody of any person not privileged from arrest (note 2)
To have a hearing before any judge of local and superior courts of first instance and appeal, provided that the judge is available (note 5) to petition for a warrant of search, seizure, and observation.
To file any necessary documentation that a judge may command (note 6) to be presented to him.
To command enlisted personnel or inferior officers to investigate.
Notes:1. by force if necessary, and only under probably cause.
2. public ministers of government, members of legislative or representative assemblies during session or travelling to and from the place of assembly, judges or justices, and foreign heads of state or dignitaries on state visits, the immediate family members and servants of all the aforementioned are privileged from detention and arrest. A special warrant granted by the Supreme Court is required for their arrest, and members of legislative and representative assemblies aforementioned may not be arrested at all without the permission of the assembly of which they are members.
3. compliance is mandatory but information is not; a general denial of knowledge is sufficient for an enlisted personnel to release you when detained for information.
4. the judge may defer to another time or another judge if he is busy or if he excuses himself for any reason whatsoever, but he is required to grant the audience (upon which he can deny the warrant immediately after the officer makes his statement) when his current excuse expires. E.g. if a judge excuses himself for "sleeping", then he should grant the audience when he awakes; taking sleeping pills or falling asleep again to avoid the audience is considered dereliction of duty. If the officer pesters the judge with vexatious demands, the officer himself may be tried for contempt of court.
5. the judge may demand of additional information for him to determine whether a warrant is justified or not.
A civilian is entitled to: --
- Immediate information as to the grounds for his detention (when the enlisted policemen pulls you over or asks you to stay temporarily) or arrest (when the officer commits you to custody and makes an official record).
Generally speaking, detention ends immediately after the officer or policemen is done with his agenda; you are entitled to be committed to custody (with reasonable accommodation and sustenance, instead of standing by some object such as often happens with detentions) if arrested formally.
Without warrant, custody expires three days (or noon on the third day, whichever is sooner) from the moment the officer commands your arrest; a judge or justice can extend your custody indefinitely. The reason for this limitation of "noon on the third day" is to stop you from being released at awkward hours without means of transport.
Legal counsel and representation in a language he speaks fluently if other than Mandarin.
Be released from custody at the place at which he is arrested or at wherever he was being held, at his choice.
Financial compensation for his losses incurred if the arrest proves to be frivolous.
Unlimited access to telephones and mail service. Telephone and mail correspondence with legal counsel and immediately family members is privileged from monitoring or invasion.
Immediate and uninterrupted or abridged access in person or by correspondence to a judge or justice, in particular, if arrested with warrant, to the judge or justice who granted the warrant.
Note to Tourists:
Protect yourselves; you are entitled to protect your life and body with whatever means necessary. China is safe, but China's police service isn't the most efficient in the world, though it is extensive and administratively sophisticated. You can count on their being on best behaviour and government over themselves. They don't want to risk their jobs, which often are taken away for trivial reasons.
Contact policemen by dialling 110 on any phone; civilians including you are required to surrender your telephone or mobile phone in the event of an emergency for contacting police, ambulance, or other essential services. Calls are free.
If you are the victim of a crime, do not hesitate to appeal for help, even if you are not sure if what occurred to you was criminal or not; policemen and officers are required to take up your case upon hearing it.
Co-operate with policemen and demand the presence of their superior officers if you feel he is handling you improperly. When his officer is present, tell him how you think the policemen behaved improperly.
If different officers give you different instructions (such as one repeatedly arresting you and the other releasing you), do not be alarmed; ask to be heard by a judge, who will make a definitive ruling.
Do not hesitate to say, "I don't know". If a policemen/officer ignores this answer and pesters you with the same question, even if phrased in a variety of ways, threaten to petition the local legislature to have him impeached! Legislators love impeaching police officers, which shows them in a good light to the public. Whereas his superior officer could only deprive him of his office, an impeachment deprives him of his office and title, and commission (if applicable), effectively terminating his career in any public service and making him ineligible for future career as a public servant.
Ask to see the officer's I.D.s, but you can't do this to enlisted personnel. This prevents people from impersonating an official, from which definition enlisted personnel are excluded.
Remember your right to communicate to legal counsel and family members. If neither is reachable, ask for a public counsel to attend to you. You cannot be denied this right.
If you demand to see a judge or justice, be aware that you can be brought to any place the judge appoints to meet you. The officer who commanded the arrest has the prerogative to speak to the judge first, but you have a right to reply. If the judge is not satisfied with the conditions pertaining to your arrest, he can release you immediately.
How to Recognize a Policemen or Officer and Their Documents
Look out for the big, round peaked cap of enlisted personnel, which is sky-blue with an embroidered, golden band beneath the peaked part. On the peak should be an albatross (for its size and sight) in white enamel work. The rim should be a darker shade of blue. Note, however, police officers rotate uniform colours every single year; this year it's sky-blue, last year it was yellow, and the year before that grey.
The key feature of the officer is his I.D., which is a wallet-sized, foldable piece of paper usually laminated. Upon it should be stated his name, place of birth, rank, office, and gender; new I.D.s issued after 1980 have a colour photo attached to it representing the likeness of the holder. He is not obliged to give it for your examination, but you can quiz him of its contents, such as "what is the 100-digit serial number of your I.D." or "are there any blemishes on your I.D.?" If he does not remember, have reservations about the authenticity of his I.D. and disclose this to any relevant authority. Without this I.D., you are not required to co-operate with the person claiming to be an officer. Beware, however, benefit of the doubt is given to the officer until proven otherwise. He is authorized to be in any attire he things "presentable and dignified" for his office. Only during ceremonial events will officers wear uniform, which resembles white tie.
A warrant for the arrest of anyone is printed or hand-written on a creamy type of paper in indelible pen or permanent brush. In most circumstances you can check this document for possible fraudulent or falsified information that may have been added or deleted from the document. At the top of the document should be a multiple-colour wax or foil seal of the police department that is arresting you; to the right of the document should be stated the name of the officer who filed and is responsible for this warrant, and the officer and his enlisted personnel charged with executing the warrant. Check these against the I.D.s of the officers present. Under the seal should be a foil-line that changes colour with the angle of view. Underneath that should be your name without errors; jeofails (missing or extraneous letters, strokes, or symbols) count as errors. Read through the warrant and compare it against what the police officer/men says the document says. The text should be legible and clear; Chinese text runs in vertical columns from top to bottom and from right to left, with each section denoted with a two-character indention. Punctuation is added since 1970, each taking up one character block. The length of the column is uniformly 12 characters from topmost to bottommost. Unused columns should be marked with a red dash. Additions and deletions are marked with the seal of the clerk who made these revisions. Added text is marked to the right; deleted text is removed by physically cutting out the portion of the paper on which the undesired text is written and then covering the hole from the back with a blue piece of paper crisscrossed with yellow lines. The patch should be attached by glue and not staples and covers the cutout completely. Examine the seal of the clerk on the edge of the patch on the obverse and reverse of the document, which transects the border of the cutout and the patch on all four sides, for a total of 8 seals. The reverse of the patch side is plain with washed-out red circles measuring 1mm in diameter. If the warrant is bilingual, the english text is attached in plain paper at the reverse with staples covered with wax seals at the top corners. There should be a line at the bottom reading "Attest, [name of translator], this is an accurate translation of the obverse document in English, [date]" and another line "Attest, [names of 2 notaries public], certified that the above translated by [translator] is true in word and spirit to the original on the obverse". The personal seals of the translator and notaries public should be present at the foot of the attached translation and on the four edges of the paper attached. If there are more than one page, following pages are attached in similar manner to the foot of the first page. The clerk who attached this will have noted on the first page, "continued in page two" and on the second page "continued from page one". In the bottom margins of every page will be the number of words written on each page, along with a general tally on the final page. This word count cannot be altered at all. Also, the first and final words are also noted. While you won't have time to count the words, have this examined by a legal counsel. At the end of the obverse (main Chinese text) should be a date, across which (and this is very specific; the top of the crimson seal should cover the first character of the year, and the bottom edge on the word "day". Genuine warrants will never err in this aspect) is stamped the seal of the province. Like the translation, the total count of words, first and last word, words in each page if applicable, of the main text is included in red ink under the seal. The whole document should measure 30" in height and at least 60" wide. Any error against these regulation invalidates the warrant.
Ranks of the Police Forces compared to other Government Officials
Red = head of the police force. Blue = officers. Green = enlisted personnel.
| 政務官階 Ministerial rank | 事務官階 Civil Service rank | 軍階 Military rank name | (Military ranks in English; NATO equivalent) | 警階 Police ranks | 月俸 Monthly remuneration (Yuan) |
| 院長（中央） | （無） | （無） | N/A | N/A | 20,000 |
| 部長（中央） | （無） | （無） | N/A | N/A | 15,000 |
| 司長（中央） | 特 Cabinet Secretary | （無） | N/A | N/A | 10,000 |
| 廳長（省） | 簡十四 Permanent Secretary | 特級上將 | marshal OF-10 | N/A | 7,000 |
| 處長（省） | 簡十三 Under-Secretary | 上將 | general OF-9 | 警督 | 6,500 |
| 局長（縣） | 簡十二 Assistant Secretary | 中將 | lieutenant-general OF-8 | 警監一等 | 6,000 |
| （無） | 簡十一 Director General | 少將 | major-general OF-7 | 警監二等 | 5,500 |
| （無） | 簡十 Director | 准將 | brigadier-general OF-6 | 警監三等 | 5,100 |
| （無） | 薦九 Senior Principal | 上校 | colonel OF-6 | 警正一等 | 4,700 |
| （無） | 薦八 Principal | 中校 | lieutenant-colonel OF-5 | 警正二等 | 4,300 |
| （無） | 薦七 Assistant Principal | 少校 | major OF-4 | 警正三等 | 4,000 |
| （無） | 薦六 Senior Officer | 上尉 | captain OF-3 | 警正四等 | 3,500 |
| （無） | 委五 Junior Officer | 中尉 | lieutenant OF-2 | 警佐一等 | 3,300 |
| （無） | 委四 Assistant Officer | 少尉 | second lieutenant OF-1 | 警監二等 | 3,100 |
| （無） | （無） | 士官長一級 | warrant officer OR-9 | 3,100 | |
| （無） | （無） | 士官長二級 | warrant officer OR-8 | 3,100 | |
| （無） | 委三 Co-ordinator | 上士 | staff sergeant OR-7 | 警佐三等 | 2,700 |
| （無） | 委二 Master Clerk | 中士 | sergeant OR-6 | 警佐四等 | 2,600 |
| （無） | 委一 Clerk | 下士 | corporal OR-5 | 警佐五等 | 2,500 |
| （無） | 僱員一級 Under Clerk | 特等兵 | under-corporal OR-4 | 警員一級 | 2,300 |
| （無） | 僱員二級 Senior Assistant | 一等兵 | private first class OR-3 | 警員二級 | 2,300 |
| （無） | 僱員三級 Assistant | 二等兵 | private second class OR-2 | 警員三級 | 2,300 |
| （無） | 僱員初級 Junior Assistant | 初等兵 | private third class OR-1 | 警員初級 | 2,300 |
