,

Breaking News:
Partner with ChinaAid to Free Yang Hua

Xinjiang church members succeed in getting administrative punishment revoked

Wednesday, May 6, 2015

Gatherings, such as this one in Shaoyang, Henan, are often
raided by local governments, who claim the meeting is illegal.
(Photo: China Aid)
China Aid
By Rachel Ritchie

(Hami, Xinjiang–May 6, 2015) Members of the Candlelight Church in China’s far western Xinjiang recently won an administrative reconsideration lodged against the Hami Public Security Bureau. While the decision from the Hami Municipal People’s Government stated that the administrative punishment issued following the initial conflict in January must be revoked, it also gave 60 days for the invocation of a new punishment provided it follows all legal stipulations.

The initial incident occurred on Jan. 10, 2015, when Party Secretary Zhu of the Hami Municipal Ethnic and Religious Affairs Bureau led the Hami Municipal Public Security Bureau and officers from other local government agencies to disrupt a gathering at Candlelight Church. Church members reported that more than 20 officers from the various agencies were present and that 10 of those officers were armed with submachine guns.

A church member told China Aid that Party Secretary Zhu showed the Christians a notice, stating that they were “engaging in an illegal religious activity.” However, only two of the policemen, Han Wentao and a man with the surname Hai, showed their identification and no search warrant was ever produced.

“He ordered the officers to question us and take down our names, ID numbers, residential addresses, contact phone numbers, occupations, work units, family background, how we were converted to Christianity and other information. They also took photos of us. Then, they seized books, text materials, audio equipment, an electronic organ, projectors and other items from our church,” the church member said.

Also confiscated was the property deed, which listed the three Christians the church members had voted to represent them as the owners of the gathering place, consisting of three rooms in the Yushang Building. The confiscated items’ value equals 17,522 Yuan (U.S. $2,826), including 972 Yuan (U.S. $156) in confiscated cash.

Following the raid, Hami Municipal Public Security Bureau’s Domestic Security Protection Squad (DSPS) division sealed the church.

“The DSPS agents also took Miao Yuexi, the pastor of Candlelight Church, to Liyuan Police Station for interrogation,” the man said. “They also made a copy of all the information in Miao’s two cell phones. He was released before dawn. Two days later, they summoned him to the police station for interrogation again. So far, he has been interrogated by the Hami DSPS twice and the Hami Ethnic and Religious Affairs Bureau twice.

“The religious affairs bureau decided that the donations from the church members, which were used to purchase the rooms we gather in, are illegal revenue and that the church should be fined three times the amount of the donations. The religious affairs bureau issued the church a fine of more than 50,000 Yuan (more than U.S. $8,000),” he said.

Miao, along with Qian Aili, who are the “main organizers of illegal Christian activities,” and the three men whose names were on the property deed, Hong Wanijn, Pan Cha and Li Guangming, “do not agree with the Administrative Punishment Decision” and filed an administrative reconsideration, according to the administrative review decision, below. As previously stated, the Hami Municipal People’s Government ruled to “revoke the Administrative Punishment Decision (2015, No. 01) issued by Hami Ethnic and Religious Affairs Commission on Feb. 3, 2015 and demand the respondent to take new administrative actions within 60 days.”


Administrative Review Decision by Hami Municipal Government
(2015) No. 1

Applicant: Hong Wanjin, male, Han Chinese, middle-school education level, self-employed
Date of birth: June 3, 1971
ID number: 330325197106034711
Registered address: 22 Gongbian Alley, Mashang village, Meiyu, Mayu town, Ruian, Zhejiang

Applicant: Miao Yuexi, male, Han Chinese, middle-school education level, self- employed
Date of birth: Jan. 3, 1983
ID number: 330381198301032290
Registered address: 44 Alley 4, Hexi Road, Xinteng village, Ruian, Zhejiang

Applicant: Pan Cha, male, Han Chinese, university-level education, self-employed
Date of birth: May 8, 1987
ID number: 330324198705086677
Registered address: 126 Unit 5, Daquanwan village, Daquanwan town, Hami, Xinjiang

Applicant: Qian Aili, female, Han Chinese, high-school education level, self-employed
Date of birth: Oct. 24, 1986
ID number: 330382198610241447
Registered address: Xiani village, Baishi town, Yueqing, Zhejiang

Applicant: Li Guangming, male, Han Chinese, university education level, self-employed
Date of birth: April 5, 1985
ID number: 65400119850405211X
Registered address: 078, Company 9, Regiment 123, Chepaizi town, Kuitun, Xinjiang

Respondent: Hami Ethnic and Religious Affairs Commission
Legal representative: Yusupu ∙ Yimiti, Chairman of Hami Ethnic and Religious Affairs Commission
Address: 2 Aiguo North Road, Hami, Xinjiang


Applicants Hong Wanjin, Miao Yuexi, Pan Cha, Qian Aili and Li Guangming do not agree with the Administrative Punishment Decision (2015, No.01) made by Hami Religious and Ethnic Affairs Commission on Feb. 3, 2015, and therefore filed an application for administrative review to this agency.

Review requests:

1) Verify that, according to the law, the Administrative Punishment Decision (2015, No. 01) made by the respondent on Feb. 3. 2015 violated the law;

2) Verify that, according to the law, the administrative mandatory procedures implemented by the respondent violated the law;

3) Request that, according to the law, the administrative mandatory actions and the Administrative Punishment Decision (2015, No. 01) be revoked.


This agency has handled this case according to the law.

Applicants claimed that since October 2014, applicants had carried out legal Christian activities in Rooms 4, 6, and 10 on the 15th level of Yushang Building. In January 2015, Hami Ethnic and Religious Affairs Commission gave applicants a warning, confiscated items worth 16,550 Yuan (U.S. $2,669), as well as 972 Yuan (U.S. $156) in cash, from these rooms, and imposed a fine of 52,566 Yuan (U.S. $8,478) on the applicants for conducting religious activities in these rooms. Applicants are of the view that the respondent’s administrative mandatory actions violated legal procedures and the Administrative Punishment Decision violated the law and ought to be revoked. Therefore, applicants request that

1) Verify that, according to the law, the Administrative Punishment Decision (2015, No. 01) made by the respondent on Feb. 3. 2015 violated the law;

2) Verify that, according to the law, the administrative mandatory procedure implemented by the respondent violated the law;

3) Request that, according to the law, the administrative mandatory actions and the Administrative Punishment Decision (2015, No. 01) be revoked.


Respondent claimed that the applicants belonged to a religious group called “Hami Candlelight Church” and started their religious activities in November 2014. Applicant Miao Yuexi was in charge of this organization’s religious activities, and applicant Qian Aili was in charge of finances while other applicants were engaged in various services as coworkers. The number of people involved in their religious activities ranges from 20-60. This organization has never registered according to the law since its formation. Applicant Hong Wanjin and more than 10 people co-purchased three rooms (Rooms 4, 6, and 10, combined price is 922,680 Yuan [U.S. $148,819]) on the 15th floor of Yushang Building and used them as fixed venues for religious activities. Hong Wanjin, Li Guangming, and Pan Cha are registered property owners, but these properties have never been registered as religious venues according to the law. Since then, all kinds of religious supplies and books were purchased with believers’ offering money, and religious activities such as spring outings and Christmas banquets were conducted by this organization.

On Jan. 10, 2015, the respondent conducted a joint law enforcement action with the Public Security Bureau and other relevant agencies and, according to the law, outlawed the illegal religious activities conducted in Rooms 4, 6, and 10 on the 15th floor of Yushang Building.

On Feb. 3, 2015, the respondent issued to the applicants the Administrative Punishment Decision (2015, No. 01) by Hami Municipal Government according to the law, which includes:

1) Give an administrative warning to Miao Yuexi, Qian Aili and Zheng Jianmei (main organizers of illegal Christian activities), as well as Hong Wanjin, Li Guangming and Pan Cha (registered property owners of Rooms 4, 6, and 10 on the 15th floor of Yushang Building).

2) Confiscate items and cash directly used for illegal religious activities, including 220 copies of religious books, notebooks, and propaganda posters, 145 items such as computers, overhead projectors, electrical keyboards, chairs, etc. (estimated value is 16,550 Yuan [U.S. $2,669] according to the Assessment Report No. 017 by Municipal Price Verification Center), and illegal offering money totaling 972 Yuan (U.S. $156).

3) Impose a fine of 52,566 Yuan (U.S. $8,478), which is three times [the applicants’] illegal income [received in donations].


To sum up, the administrative punishment decision made by the respondent is based on clear facts, sufficient evidence, and correct application of the law. To preserve the dignity of the law, the respondent requests the Decision to be upheld.

Facts identified by this review agency: Applicant Hong Wanjin and others formed the religious organization “Hami Candlelight Church” (aka Candlelight Fellowship) on Nov. 23, 2014. Applicant Miao Yuexi was in charge of church affairs and activities, and applicant Qian Aili was in charge of finances while other applicants were engaged in various services as coworkers. Their main religious activities include Bible study and praying. The number of people involved in their religious activities ranges from 20-60. Applicant Hong Wanjin and others co-purchased three rooms (Rooms 4, 6, and 10, combined price is 922,680 Yuan [U.S. $148,819]) on the 15th floor of Yushang Building and used them as fixed venues for religious activities. Hong Wanjin, Li Guangming, and Pan Cha are registered property owners. On Jan. 10, 2015, respondent made a joint investigation with the Public Security Bureau and other relevant agencies of the religious gathering at Rooms 4, 6, and 10 on the 15th floor of Yushang Building on Tianshan North Road, identified the religious gathering as illegal, and outlawed the activities of this illegal religious gathering on the spot. The respondent persuaded and educated applicant Pan Cha and others at the scene and on Feb. 3. 2015, issued the administrative punishment decision, which involves warning, confiscation of items and cash totaling 17,522 Yuan (U.S. $2,826), and a fine of 52,566 Yuan (U.S. $8,478). Before issuing a significant administrative punishment decision, the respondent did not inform the applicants in written form that they have the right to request a hearing, which is a violation of the stipulations in Article 5 of “Implementation Method of Administrative Punishment Hearing Procedure of Xinjiang Uyghur Autonomous Region.” The Administrative Punishment Decision does not specify the methods and time limit for filing an administrative lawsuit if applicants do not agree with the administrative punishment, which is a violation of the stipulations in Clause 5, Article 22 of “Regulations on Procedures of Implementing Administrative Punishment of Xinjiang Uyghur Autonomous Region.”

This review agency is of the view that: The Administrative Punishment Decision (2015, No. 01) issued by Hami Ethnic and Religious Affairs Commission on Feb. 3, 2015 violated legal procedures. In accordance with Clause 3, Article 28 of “The Law on Administrative Review of People’s Republic of China,” this agency makes following decisions:

Revoke the Administrative Punishment Decision (2015, No. 01) issued by Hami Ethnic and Religious Affairs Commission on Feb. 3, 2015 and demand the respondent to take new administrative actions within 60 days.

Hami Municipal People’s Government
April 20, 2015



China Aid Contacts
Rachel Ritchie, English Media Director
Cell: (432) 553-1080 | Office: 1+ (888) 889-7757 | Other: (432) 689-6985
Email: r.ritchie@chinaaid.org
Website: www.chinaaid.org


"Bob Fu has dedicated his life to bringing freedom of religion to the Chinese people. His story is a testimony to the power of faith and an inspiration to people struggling to break free from oppression."
—Mrs. Laura Bush

Purchase This Book: