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Summary

China’s public health crisis system has been under restructuring since 2003.  With the outbreak of a public health crisis, the emergency headquarters set up by the State Council is responsible for leading and commanding the nationwide response to the crisis.  The provincial emergency headquarters are responsible for leading and commanding the response to the crisis within their own jurisdictions.

The State Council and its health department, formerly the Ministry of Health and since 2013 the National Health and Family Planning Commission, have the power to declare a crisis involving a statutory infectious disease and draft and implement public health crisis contingency plans.  The measures that may be taken when a crisis occurs include the evacuation or isolation of people, the blockade of infectious disease epidemic areas, and the compulsory quarantine and treatment of suspected carriers and people in close contact with them.

In 2010, the ban on the entry into China of aliens with HIV/AIDS or leprosy was lifted.  According to the current rules, aliens with serious mental disorders, infectious pulmonary tuberculosis, or other infectious diseases that may significantly endanger the public health may be prohibited from entering China.

I.  Legislative and Regulatory Framework

The public health crisis system of the People’s Republic of China (PRC or China) has been significantly restructured primarily as a result of the Severe Acute Respiratory Syndrome (SARS) crisis of 2002–2003.  Although a statutory and regulatory framework to handle public health emergencies had been in place prior to the SARS crisis, major laws, regulations, and government measures have been amended or newly enacted since then to curb health emergencies.

A.  PRC Constitution on States of Emergency

On March 14, 2004, the Constitution of the People’s Republic of China was amended [1] to expand the power of the National People’s Congress, President, and State Council to declare martial law to include declaring states of emergency in cases of serious natural disasters, industrial accidents, public health crises, social unrest, and terrorist attacks.[2] 

B.  Emergency Response Law and National System of Contingency Plans for Emergencies

For the purpose of preventing and reducing emergent hazards such as natural disasters, industrial accidents, public health crises, and public security hazards, the first PRC Law on Emergency Response (Emergency Response Law) was promulgated and entered into force in 2007.[3] 

Since the passage of the Emergency Response Law, the country has established a national system of contingency plans for emergencies, as provided by the Law on Emergency Response.[4]  The Law requires the government at all levels, including the State Council and its departments, to formulate contingency plans for emergencies, which these government bodies are to apply according to their level of authority.[5]  The central government has set up a webpage on its official website where it publishes the contingency plans for emergencies formulated by the State Council, its departments, and the provinces.  The webpage also publishes special project plans.[6] 

As part of the national system of contingency plans for public emergencies, the National Contingency Plan for Public Health Emergencies was formulated on February 26, 2006,[7] in accordance with the Health Emergency Regulations, as discussed in Part III(B), below.

C.  Regulations on Contingent Public Health Emergencies

A major set of provisions specifically addressing public health emergencies comprise the Regulations on Contingent Public Health Emergencies (Health Emergency Regulations), promulgated by the State Council on May 9, 2003.[8]  The Regulations define “public health emergencies” as “major epidemic situations of infectious diseases, broad-spectrum diseases with an unknown cause, major food and occupational poisoning incidents, and other serious public health incidents that occur unexpectedly and cause or may cause grave harm to public health in society.”[9] 

D.  Law on the Prevention and Treatment of Infectious Diseases

Prior to the 2003 Health Emergency Regulations, the primary legislation addressing the prevention and treatment of infectious diseases, including the reporting and releasing of information in epidemic situations, was the PRC Law on the Prevention and Treatment of Infectious Diseases (Infectious Diseases Law), which was enacted in 1989.  The Law was significantly revised in August 2004.[10]  Effective on December 1, 2004, the new version doubled the length of the former Infectious Diseases Law from forty-one articles to eighty articles.[11]

The Infectious Diseases Law divides contagious diseases into three categories, each requiring the implementation of different preventive and control measures.  Category A covers bubonic plague and cholera; category B includes such diseases as SARS, anthrax, AIDS, typhoid, and viral hepatitis; and category C contains such diseases as influenza, leprosy, mumps, and schistosomiasis.[12]  The 2004 amendment to the Law added infectious SARS and highly pathogenic avian influenza to category B, thereby increasing the total number of infectious diseases to thirty-seven.[13]  Three category B diseases—infectious SARS, pulmonary anthrax, and highly pathogenic avian influenza—are designated to be treated with preventive and control measures applicable to category A diseases.[14] 

E.  Other Relevant Laws, Regulations, and Government Measures

The prevention, control, and elimination of epidemic diseases among animals are under the general supervision of the State Council’s Ministry of Agriculture and regulated under the PRC Law on Prevention of Epidemics in Animals.  The Law was enacted in 1997 and amended in 2007.[15]  Under the Law, animal epidemics are grouped into three categories, the first of which includes epidemics that menace human beings and animals so seriously that urgent and intensive compulsory measures are required for their prevention, control, and elimination.[16]

Some other major laws and regulations for addressing public health crises include the PRC Food Safety Law[17] and various laws and regulations on quarantine.  Under the Food Safety Law, the State Council is to organize the formulation of a national food safety emergency response plan; the government at or above the county level must also make food safety emergency response plans for its own administrative region.[18]

The central government departments also established the following measures to specifically manage information reporting, transportation administration, and border quarantine when public health crises occur:

In 2007, the State Council passed the Regulations on Open Government Information.  Effective from May 1, 2008, information concerning public emergency contingency plans, early warnings, and responses to emergency situations are included in the “key information” that the government at and above the county level must disclose to the public.[22] 

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II.  Structure of Public Health Crisis Management System

A.  Central and Local Institutions

The State Council is the highest executive organ and has the power, among others, to direct and administer public health work.[23]  In 2013, the Ministry of Health merged with the newly established National Health and Family Planning Commission (NHFPC), a department under the State Council.[24]  The NHFPC is in charge of most health-related matters at the national level.  It supervises and administers contagious disease prevention and various aspects of hygiene, organizes and oversees international cooperation and exchanges involving health care, and mobilizes national health care personnel and technical resources to assist local governments and other concerned departments in dealing with outbreaks of epidemics and disease and in taking emergency measures to prevent and control them.[25]  A health emergency office, the Public Health Emergency Command Center, is set up in the NHFPC to address public health emergencies.[26]

Once a public health crisis has been identified, the State Council sets up emergency headquarters, over which it exercises unified leadership and command.  The national headquarters set up for a crisis is to be composed of relevant departments of the State Council and the Armed Forces, with the competent leader of the State Council as the general director in charge.  The NHFPC and other relevant departments of the State Council carry out related tasks within the scope of their duties and responsibilities.[27] 

Provincial-level governments are also required to set up emergency headquarters on the outbreak of a public health crisis, with principal provincial leaders as the general directors in charge of handling contingencies in their region.  The provincial headquarters are to direct the response to the crisis within their respective jurisdictions.  The health departments of local governments at and above the county level are responsible for investigating and managing health crises and organizing medical treatment.[28]

B.  Decision Making

With the outbreak of a public health crisis, the emergency headquarters set up by the State Council is responsible for leading and commanding the nationwide response to the public health crisis.[29]  The provincial emergency headquarters are responsible for leading and commanding the response to the crisis within their own jurisdictions.[30]

In the case of the SARS crisis, a National SARS Prevention and Control Headquarters was established by the State Council, with the Vice Premier and Minister of Health as the chairpersons.  Ten special teams (e.g., on prevention and control, quarantine, and rural areas) and a General Office were component units.[31]

C.  Reporting and Releasing Information About Emergencies

The state, according to the Health Emergency Regulations, is to establish a system for reporting emergencies.  Under the system, the following circumstances may trigger a provincial-level government emergency report to the NHFPC, which must be submitted within one hour after the provincial-level government learns of the emergency: (1) the outbreak and spread, or potential outbreak and spread, of an infectious disease; (2) the occurrence or discovery of a broad-spectrum disease with an unknown cause; (3) the loss of infectious disease bacteria and viruses; and (4) the occurrence or potential occurrence of major food and occupational poisoning incidents.[32]  The NHFPC is to promptly report to the State Council any emergency “that may cause significant social repercussions.”[33]  The Health Emergency Regulations also require that notifications of health emergencies be transmitted from monitoring and medical organizations to local health departments to the local government to higher-level health departments (including the NHFPC), with each organization or department required to transmit the information within two hours of receiving it.[34] 

The Health Emergency Regulations also require the reporting and release of information from the NHFPC to other departments under the State Council, to the health departments of provincial-level governments, and to the Armed Forces; from the health departments of provincial-level governments[35] to their counterparts in the neighboring provinces; from provincial health departments to lower-level health departments within the same jurisdiction; and from the governments at the county level and above to their health departments.[36]

In addition, any entity or individual in China has the right to report to the government on the potential danger of a public health emergency, as well as the right to report to a higher level if a local government fails to carry out its duties and responsibilities or carry them out according to regulations.  A reporting hotline is also to be established.[37]

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III.  Powers of Public Health Authorities

A.  Declaring a Statutory Infectious Disease Outbreak

When an acute infectious disease is newly identified, the health department under the State Council, formerly the Ministry of Health (MOH) and since 2013 the NHFPC, has the power to declare it a statutory infectious disease in accordance with the Infectious Disease Law.[38]  Only the State Council itself may declare such a disease to be a category A disease.[39]  The NHFPC has the power to declare the addition of a disease to category B or C.[40]  The MOH or NHFPC may also, upon approval by the State Council, decide to apply the preventive and control measures applicable to category A diseases to certain category B diseases and other infectious diseases whose outbreak has occurred from unknown causes.[41]  Such a decision was made, for example, in the 2009 H1N1 influenza A crisis.[42] 

B.  Drafting and Implementing Contingency Plans

Under the Health Emergency Regulations, the health department under the State Council, currently the NHFPC, is to draft a national contingency plan for emergencies and submit it to the State Council for approval.  On the basis of the national plan, provincial-level governments are to draw up contingency plans for their respective administrative regions.[43] 

When a public health emergency occurs, health departments are to organize experts to evaluate and classify it and propose whether a contingency plan should be implemented.  Specialized technical organizations designated by health departments at and above the provincial level or by other relevant departments are responsible for investigating emergencies; verifying relevant evidence; and addressing, managing, and assessing such emergencies.[44]

With State Council approval, the NHFPC implements a contingency plan nationwide or across provinces.  The decision to implement a contingency plan in a province is made by the provincial government, not the health authorities, and must be reported to the State Council.[45]

C.  Measures

1.  Evacuation, Isolation, and Blockade

Emergency headquarters have the power to evacuate or isolate people and to blockade areas of epidemic infectious disease.[46]  Suspected carriers and people in close contact with infected patients who need to be quarantined and treated or put under medical observation must cooperate with the health department or relevant organizations.  Compulsory implementation will be carried out with the assistance of the police.[47]

2.  Assembling Personnel and Facilities

Emergency headquarters have the power to assemble personnel, materials in reserve, transport vehicles, and relevant facilities and equipment to deal with emergencies.[48]  Relevant departments of the State Council and local governments at and above the county level are to ensure the production and supply of medical and rescue equipment, medicine, medical instruments, and other needed materials.[49] 

3.  On-Site Control

Emergency headquarters may adopt measures to control food and water sources.  Government health departments are to adopt measures to control the crisis and provide emergency vaccinations, medicines for preventive purposes, and community-based protection measures to people who are vulnerable to infections or harm.[50]

4.  Right of Entry

Specialized technical organizations designated by the NHFPC or other relevant departments of the State Council have the right to enter an emergency scene to conduct investigations, samplings, technical analyses, and tests.  The cooperation of the relevant units and individuals is mandatory.[51]

5.  Formulating Standards

The NHFPC is to formulate technical standards, specifications, and control measures “as soon as possible” for newly discovered infectious diseases, broad-spectrum diseases with an unknown cause, and major food and occupational poisoning incidents.[52]

D.  Sanctions

The Health Emergency Regulations contain administrative sanctions (e.g., written criticism, warnings, demotions, dismissal) for impermissible acts committed by government officials involved in public health emergencies.  These include, for example, covering up, delaying reporting, or lying about public health emergencies or instructing others to do so; refusing to cooperate with higher-level government investigations or carry out contingency-related responsibilities; and dereliction of duty.  Officials will be dismissed if their acts cause infectious disease contamination, spread, or harm to public health.  Medical institutions that refuse to receive and treat patients or fail to promptly adopt control measures are subject to administrative sanctions and may face revocation of their license; officials involved will be disciplined.  Responsible units or individuals who fail to carry out reporting duties, obstruct technical or other personnel, refuse to cooperate in investigations, etc., may incur administrative or disciplinary sanctions.  If any of the above acts result in a crime, the perpetrator will be investigated for criminal responsibility.[53]

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IV.  Transparency of Public Health Crisis Management System

The Infectious Diseases Law explicitly makes it illegal for responsible officials and antiepidemic health personnel to conceal the outbreak of contagious diseases or instruct others to do so.[54]  It also requires the NHFPC and, under its authorization, provincial-level health departments to promptly release information on and publicly announce an epidemic.[55]  The Health Emergency Regulations reinforce the Law.  Information on public health emergencies is to be released in a “timely, accurate, and comprehensive way,” and no unit or individual is allowed to cover up, delay reporting, or lie about public health emergencies or instruct others to do so.[56]

Despite such provisions, the transparency of the public health crisis management system may be problematic considering that the media is controlled by the Communist Party through government agencies, and that the government may treat infectious diseases as a matter of national security requiring secrecy.[57]  Furthermore, the military’s health departments supervise and control the prevention and treatment of infectious disease in the People’s Liberation Army.[58]  For example, in the SARS crisis, the independent administration of the military hospitals made it possible for such hospitals in Beijing to keep secret the number of SARS patients being held in them, resulting in a major underreporting of cases.  Even after the actual number of cases was made known, officials were reportedly not forthcoming with statistics from the PRC’s nearly two hundred army hospitals.[59]
Although the 2004 amendment to the Infectious Diseases Law continues to provide that military departments in charge of health are to supervise and control the prevention and treatment of infectious disease in the People’s Liberation Army,[60] it now places a reporting requirement on military hospitals.  Military hospitals, some of which are open to the public, must report on the epidemic infectious disease situations they encounter when providing medical services to the general public in accordance with relevant NHFPC regulations.[61]

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V.  Cooperation with the World Health Organization

The PRC is a member of the World Health Organization (WHO), has a WHO representative in Beijing, and is part of the WHO Western Pacific Region.  At least sixty-four Chinese health research institutions have been designated as WHO collaborating centers.[62]  During the early stages of the SARS crisis, the PRC was dilatory in notifying the WHO of cases and admitting inspectors, and was criticized for its lack of transparency.  However, the PRC did issue WHO-compatible health rules for international trade and travel, disinfected conveyances, and required health documents for travelers.  Despite its initial failure to cooperate, a senior WHO official later praised the PRC for its “excellent work” in preventing and treating SARS and said that the government accepted advice from international experts and made changes in combating the disease.[63]

Although the PRC’s delay in responding to SARS was partially attributed to concerns about economic repercussions, the PRC first treats an infectious disease as a medical problem requiring a medical response.  Thus, the delay may have been due in part to (former) bureaucratic procedures that required classification of an infectious disease as a category B disease before local health authorities were required to report it to the central government.  It may also have been unclear whether the disease fell under the WHO’s International Health Regulations (IHR) framework that makes reporting to the WHO mandatory.  Before May 2003, compliance with the IHR was up to the discretion of the Member States; the WHO lacked any enforcement powers and had to rely on persuasion and recommendations to encourage Member States to notify the WHO within twenty-four hours of infectious disease outbreaks.  Moreover, only three diseases (plague, cholera, and yellow fever) and no other emerging infectious diseases were covered under the IHR.  It was not until late May 2003, during its 56th session, that the WHO adopted a resolution on SARS confirming the WHO’s authority to verify disease outbreaks from all available official and nonofficial sources and to determine an outbreak’s severity through on-the-spot investigations.[64]

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VI.  Recent Developments

A.  Entry Ban Lifted for Foreigners with HIV/AIDS

On April 24, 2010, the State Council issued a decree to amend the implementation measures of the Frontier Health and Quarantine Law.[65]  The measures were first approved by the State Council in 1986 and amended in 1994.  Under the old measures, foreigners suffering from “mental disorder, leprosy, AIDS, venereal diseases, contagious tuberculosis, or other infectious diseases” could be prevented from entering China.  The new measures amended this section only, removing the ban on aliens with HIV/AIDS or leprosy, while leaving intact the entry ban on those with “serious mental disorder, infectious pulmonary tuberculosis, or other infectious diseases that may endanger the public health in a major way.”[66] 

B.  Application of the International Health Regulations

On May 14, 2007, the Chinese government declared that the International Health Regulations (IHR), which would enter into force on June 15, 2007, applied to the entire territory of the People’s Republic of China, including the two special administrative regions of Hong Kong and Macau.  The then MOH of China was designated as China’s “national focal point,” pursuant to Paragraph 1 of Article 4 of the IHR.  The IHR also designated the local health administrative authorities as the health authorities responsible for the implementation of the IHR in their respective jurisdictions, and the General Administration of Quality Supervision, Inspection and Quarantine of China and its local offices as the competent authorities at the points of entry referred to in Article 22 of the IHR.[67]

In this declaration, China vowed to revise its Frontier Health and Quarantine Law to meet the needs of applying the IHR.  In the later amendment to the Law on December 29, 2007, the only provision amended was the one on cross-border transportation of corpses.[68]  Nevertheless, the Law provides that in the event of any conflicts between it and the IHR,  the IHR prevails.[69]

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Prepared by Laney Zhang
Senior Foreign Law Specialist*
February 2015


* This is a revised and updated version of a report authored by Wendy Zeldin, Senior Legal Research Analyst of the Law Library of Congress, in 2003. 

[1] Xianfa (1982, as amended on Mar. 14, 2004) (P.R.C.); for the Chinese text, see Announcement of the National People’s Congress of the People’s Republic of China: Amendments to the Constitution of the People’s Republic of China, NPCSC Gazette (Special Issue, 2004) 1–27 (Mar. 15, 2004).  For an English translation, see 16 The Laws of the People’s Republic of China [Laws of PRC] (2004) 59–91 (Beijing, Law Press 2005).  See also Cao Kangtai (Head of the State Council Legislative Affairs Office), Wei Jianli Jinji Zhuangtai Zhidu Tigong Xianfa Yiju [Providing a Constitutional Basis for Establishing an Emergency System], Fazhi Ribao [Legal Daily], Mar. 25, 2004, available at http://www.people.com.cn/GB/14576/15157/2410102.html (in Chinese).

[2] Xianfa arts. 67, 80, 89. 

[3] Tufa Shijian Yingdui Fa [Law on Emergency Response] (promulgated by the National People’s Congress (NPC) Standing Committee on Aug. 30, 2007, effective Nov. 1, 2007), 2007 Zhonghua Renmin Gonghe Guo Fagui Huibian [Fagui Huibian] [Compilation of the Laws and Regulations of the People’s Republic of China], 81–97, English translation available at Westlaw China (by subscription).

[4] Law on Emergency Response art. 17.

[5] Id.

[6] Guojia Tufa Gonggong Shijian Yuan Tixi [National System of Contingency Plans for Public Emergencies], Central People’s Government of the People’s Republic of China, http://www.gov.cn/yjgl/2005-08/31/ content_27872. htm (last visited Oct. 16, 2014).

[7] Guojia Tufa Gonggong Weisheng Shijian Yingji Yu’an [National Contingency Plan for Public Health Crises], Xinhua News Agency (Feb. 26, 2006), http://www.gov.cn/yjgl/2006-02/26/content_211654.htm.

[8] Tufa Gonggong Weisheng Shijian Yingji Tiaoli [Regulations on Contingent Public Health Emergencies] (Health Emergency Regulations) (promulgated by the State Council, May 9, 2003), available at Westlaw China.

[9] Id. art. 2.

[10] Chuanran Bing Fangzhi Fa [Infectious Diseases Law] (promulgated by the NPC Standing Committee, Aug. 28, 2004, effective Dec. 1, 2004), 6 NPCSC Gazette 16–23 (Sept. 15, 2004).  For an English translation, see 16 Laws of China (2004) 127–55.

[11] Id.

[12] Id. art. 3.

[13] Id.

[14] Id. art. 4.

[15] Dongwu Fangyi Fa [Law on Prevention of Epidemics in Animals] (promulgated by the NPC Standing Committee, July 3, 1997, amended Aug. 30, 2007, entered in force Jan. 1, 2008), 2001 Fagui Huibian 1009–22, English translation available at Westlaw China.

[16] Id. art. 4.

[7] Shipin Anquan Fa [Food Safety Law] (promulgated by the NPC Standing Committee, Feb. 28, 2009, effective June 1, 2009), http://www.gov.cn/flfg/2009-02/28/content_1246367.htm, English translation available at Westlaw China.

[18] Id. art. 70.

[19] Tufa Gonggong Weisheng Shijian yu Chuanrangbing Yiqing Jiance Xinxi Baogao Guanli Banfa [Measures for the Administration of Information Reporting on Monitoring Public Health Emergencies and Epidemic Situation of Infectious Diseases], MOH Order No. 37, http://www.moh.gov.cn/mohzcfgs/pgz/200901/38689.shtml.  

[20] Guojing Kou’an Tufa Gonggong Weisheng Shijian Churujing Jianyan Jianyi Yingji Chuli Guiding [Provisions on Emergent Response to the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies], http://www.aqsiq.gov.cn/zwgk/jlgg/zjl/zjl20032004/200610/t20061027_12228.htm.

[21] Tufa Gonggong Weisheng Shijian Jiaotong Yingji Guiding [Provisions on Traffic Preparedness and Response to Public Health Emergencies], available at Westlaw China.

[22] Zhengfu Xinxi Gongkai Tiaoli [Regulations on Open Government Information] (promulgated by the State Council, Apr. 5, 2007, effective May 1, 2008) art. 10, 2007 Fagui Huibian 98, 99, English translation available at http://www.epa.gov/ogc/china/open_government.pdf (last visited Oct. 20, 2014).

[23] Xianfa art. 89, item 7, in part. 

[24] Guojia Weisheng he Jihuashengyu Weiyuanhui Zhuayo Zhize Neishe Jigou he Renyuan Bianzhi Guiding [Responsibilities, Internal Organs, and Personnel of the National Health and Family Planning Commission] (issued by the State Council by Guo Ban Fa [2013] No. 50, June 9, 2013), http://www.gov.cn/zwgk/2013-06/18/content_ 2428241.htm.

[25] Id.

[26] Id.

[27] Health Emergency Regulations art. 3.

[28] Id. art. 4.

[29] Id. art. 3.

[30] Id. art. 4.

[31] Local SARS headquarters and work mechanisms were also establishedSpeech of Mr. Gao Qiang, Executive Vice Minister, Ministry of Health, People’s Republic of China, WHO Global Meeting on SARS, Kuala Lumpur, 17 June [2003], WHO, Global Alert and Response (GAR), http://www.who.int/csr/sars/conference/june_2003/ materials/presentations/qiang/en/ (last visited Oct. 21, 2014).

[32] Health Emergency Regulations art. 19.

[33] Id.

[34] Id. art. 20.

[35] The “provincial level” includes provinces, autonomous regions, and municipalities (e.g., Beijing, Shanghai, Tianjin, Chongqing) under the direct control of the central government.

[36] Id. art. 23.

[37] Id. art. 24.

[38] Id. art. 30.

[39] Id.

[40] Infectious Diseases Law art. 3.

[41] Id. art. 4.

[42] Weishengbu Gonggao 2009 Nian Di Ba Hao [MOH Announcement [2009] No. 8, Apr. 30, 2009], http://www. gov.cn/jrzg/2009-05/01/content_1302001.htm.

[43] Health Emergency Regulations art. 10.

[44] Id. arts. 26, 29.

[45] Id. art. 27.

[46] Id. art. 33.

[47] Id. art. 44.

[48] Id. art. 33.

[49] Id. art. 32.

[50] Id. art. 34.

[51] Id. art. 36.

[52] Id. art. 37.

[53] Id. arts. 45–51.

[54] Infectious Diseases Law art. 37.

[55] Id. art. 38.

[56] Health Emergency Regulations arts. 21, 25.

[57] Sin-ming Shaw, China’s Glasnost Moment?, 25 China Review 9 (Summer 2003); David Cowhig, Openness Mandated by PRC Law, Secrecy Is Illegal: But Is Non-Government Information Just Punishable Rumor, available at http://bulldog2.redlands.edu/dept/AsianStudiesDept/cowhig.pdf (last visited Oct. 20, 2014).  Cowhig states that perhaps the best example of such government secrecy with regard to health crises is the top secret documents kept by the MOH and the Henan provincial health bureau on the spread of HIV/AIDS throughout Henan during the early to mid-1990s.  He notes that some Chinese officials have even contended that health secrecy—for example, keeping secret the incidence of AIDS—protects a locality’s collective privacy.

[58] Infectious Diseases Law art. 6.

[59] Gordon Chang, SARS Crisis: New Disease, New Leaders, Same Old Regime, 3:8 China Brief 5 (Apr. 22, 2003).

[60] 2004 Infectious Diseases Law art. 6(3).

[61] Id. art. 30(2).

[62] See WHO Collaborating Centers Global Database, http://apps.who.int/whocc/ReportDetails.aspx?id=1 (last visited Oct. 21, 2014).  The site lists sixty-four institutions as collaborating centers.

[63] WHO Official: China’s SARS Prevention Work ‘Excellent, Xinhua News Agency (June 12, 2003), available at http://www1.china.org.cn/archive/2003-06/12/content_1066811.htm; WHO Experts: China’s SARS Surveillance Network Unique, Xinhua News Agency (May 13, 2003), available at http://china.org.cn/english/China/64578.htm.

[64] Mely Caballero-Anthony, SARS:A Matter of National Security, Asia Times (Apr. 19, 2003), http://www.atimes. com/atimes/Southeast_Asia/ED19Ae01.html (last visited Oct. 24, 2014); Strategies to Fight World Health Threats, Such As SARS, Receive International Backing, World Health Organization (May 23, 2003), http://www.who. int/mediacentre/news/notes/2003/npwha3/en/.

[65] Guowuyuan Guanyu Xiugai Zhonghua Renmin Gongheguo Guojing Weisheng Jianyi Fa Shishi Xize de Jueding [State Council Decree in Amending the Implementation Measures of the PRC Frontier Health and Quarantine Law] (State Council Decree [2010] No. 574, Apr. 24, 2010), http://www.gov.cn/flfg/2010-04/27/content_ 1594506.htm.

[66] Id.

[67] Zhongguo Zhengfu Shengming: Guoji Weisheng Tiaoli Shiyong yu Zhongguo Quanjing [Chinese Government Declaration: The International Health Regulations Apply to the Entire Territory of China], Central People’s Government of the People’s Republic of China (May 14, 2007), http://www.gov.cn/jrzg/2007-05/14/content_ 614312.htm.

[68] Guojing Weisheng Jianyi Fa [Frontier Health and Quarantine Law] (promulgated by the NPC Standing Committee, Dec. 2, 1986, amended Dec. 29, 2007), 2007 Fagui Huibian 384–88, English translation available at Westlaw China.

[69] Id. art. 24.

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Last Updated: 06/09/2015