The Law Protecting the Peaceful and Systematic Transfer of State Responsibility
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The Law Protecting the Peaceful and Systematic Transfer of State Responsibility


By The Irrawaddy JUNE, 2004 - VOLUME 12 NO.6


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The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions

Chapter I

Title and Definition

1. This Law shall be called The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions.

2. The following expressions contained in this Law shall have the meanings given hereunder:

(a) "National Convention" means the National Convention being convened by the National Convention Convening Commission formed by the State Law and Order Restoration Council under Order No. 13/92 Dated 2 October, 1992;

(b) "Functions of the National Convention" means the functions being carried out by the National Convention.

(c) "Organization" means an organization and its subordinate organizations formed with the participation of a large number of persons. This expression also includes a political party registered in accordance with the Political Parties Registration Law.


Chapter II

Prohibitions

3. No o­ne and no organization shall violate either directly or indirectly any of the following prohibitions:

(a) inciting, demonstrating, delivering speeches, making oral or written statements and disseminating in order to undermine the stability of the State, community peace and tranquility and prevalence of law and order;

(b) inciting, delivering speeches, making oral or written statements and disseminating in order to undermine national reconsolidation;

(c) disturbing, destroying, obstructing, inciting, delivering speeches, making oral or written statements and disseminating in order to undermine, belittle and make people misunderstand the functions being carried out by the National Convention for the emergence of a firm and enduring Constitution;

(d) carrying out the functions of the National Convention or drafting and disseminating the Constitution of the State without lawful authorization;

(e) attempting or abetting the violation of any of the prohibitions.


Chapter III

Penalties

4. Whoever violates any prohibition contained in section 3 shall, o­n conviction be punished with imprisonment for a term of a minimum of (5) years to a maximum of (20) years and may also be liable to fine.

5. If any organization or any person o­n the arrangement or abetment of any organization violates any prohibition contained in section 3, such organization may be:

(a) suspended for a period to be specified;

(b) abolished; or

(c) declared as an unlawful association under the Unlawful Associations' Law.

6. All funds and property of an organization against which action is taken under section 5 may also be confiscated.


Chapter IV

Miscellaneous

7. In prosecuting under section 3 of this Law prior sanction of the Government shall be obtained.

8. Action taken under sections 5 and 6 of this Law shall be carried out by the Ministry of Home Affairs with the consent of the Government shall be obtained.

8. Action taken under sections 5 and 6 of this Law shall be carried out by the Ministry of Home Affairs with the consent of the Government. [in original??- DA]

9. Such orders and directives as may be required under this Law shall be issued by the Ministry of Home Affairs with the approval of the Government.

Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council

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