Legal Framework for Tackling Public Health Crises Established

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Last updated at: (Beijing Time) Tuesday, May 13, 2003

Legal Framework for Tackling Public Health Crises Established

The State Council published a set of regulations on emergency public health cases Monday, which had been signed by Chinese Premier Wen Jiabao.

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Legal experts Monday hailed a newly enacted regulation on public health emergencies as a major step towards ensuring China handles crises according to law.

The fight against severe acute respiratory syndrome (SARS) appears to have accelerated the enactment of such a regulation -- the first of its kind in China.

Premier Wen Jiabao signed a decree issuing the regulation on Friday.

The regulation aims to establish a fast-deployment mechanism and enhance the government's ability of handling emergencies, according to sources with the Legislative Affairs Office under the State Council.

To strengthen the chain of command, the regulation requires the State Council and provincial governments to establish contingency headquarters to co-ordinate the efforts of all relevant departments.

These headquarters should respond quickly, co-ordinate effectively, make decisions firmly and handle situations in an orderly fashion, said Ma Huaide, professor and director of the Law School with China University of Politics and Law.

The handling of public health emergencies involves not only public health authorities but quarantine, communications, commercial, public security, financial, labour and social security departments.

An authoritative body is urgently needed to co-ordinate the efforts of these departments which operate independently within the administration, Ma said.

"It is the key for the government to effectively control and handle major public health emergencies,'' he added.

The regulation has also established the monitoring, early-warning and reporting systems.

The reporting system is fast, multi-channel and well co-ordinated, and has put heavier responsibility on provincial governments.

It says provincial governments must report emergencies to State public health authorities within an hour of receiving emergency reports.

The regulation says any individual or organization has the right to report emergencies to the government and has the right to accuse governments of not performing their duties or not performing their duties according to laws and regulations.

Governments and officials will be held responsible for hiding or delaying emergency information or giving false information, states the regulation. Criminal liabilities will be applied if their conduct is deemed to have broken the law.

To make governments at all levels better prepared for public health emergencies, the regulation requires State health authorities and provincial governments to devise contingency plans. The regulation also stipulates the procedures of initiating such contingency plans.

The regulation requires governments above county level to develop reserves of materials, equipment, technology and human resources using public funds.

The regulation sums up the country's experience in fighting SARS and has specified regulations in the Law on Prevention and Control of Contagious Disease, said Ying Songnian, professor and director of the Law Programme with the National School of Administration.

Ying said the regulation, whose provisions all comply with the Constitution, will help the government fight the fatal disease according to law.

But the government should carefully handle the relationship between stronger administrative power and freedom and rights of citizens when implementing this regulation, said Jiang Ming'an, professor and director of the Public Law Centre with Peking University.

Source: China Daily

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