China Environmental Law

Fifteen days in “administrative detention” could await those found responsible for illegally discharging hazardous chemicals into Chinese waters according to an Opinion (”Opinion on Administrative Detention Punishment for Illegal Pollution Discharge Behavior“) issued by the Legal Work Committee of the Standing Committee of the National People’s Congress.  The statutory basis for this punishment is found in Article 90 of the Water Pollution Act and Article 30 of the Public Security Management Punishment Law.

According to China Daily, local environmental protection bureaus are required to investigate cases of alleged water pollution and report the results of their investigations to public security bureaus.  ”Only police authorities above county level” would have the power to exercise administrative detention.  As China Daily notes “administrative detention” is different from “criminal arrest and lasts from one to 15 days.”  While procedurally different from criminal arrest, the detained individual, which can include facility management based on a dereliction of duty grounds, will probably not find much comfort in this distinction. 

Clarification:  Yesterday’s post “Shanghai & Beijing Emission Trading Exchanges” noted that the two newly established exchanges would engage in emissions trading.  They do, indeed, plan to engage in such trades, but neither is yet authorized by the state to conduct emissions trading, and such authorization is required before trading can begin.