Hu Kangsheng, deputy director of the Legislative Affairs Commission of the Standing Committee of the Ninth National People's Congress (NPC), said the amendment is intended to make it easier for Chinese judicial authorities to impose penalties on such illegal activities.

According to the draft amendment, those who smuggle solid, liquid or gaseous garbage into China could face a sentence of up to five years in prison, even with a financial punishment, or a single financial punishment. Gross violators could face sentences of more than five years in prison and a financial punishment. Importers of garbage under the pretense of raw materials would face similar punishments.

In recent years, various kinds of garbage from developed countries has flowed into China via different channels. It is estimated that more than 500 million tons of toxic wastes is produced a year around the world, a growing portion of which is being dumped on developing countries.

Large amounts of foreign household and industrial garbage are detected by Chinese customs, said Hu. "But in practice, judicial authorities have difficulty in measuring what judgment to impose on illegal garbage trafficking," he said.

According to the current Criminal Law, punishments of smugglers are measured based on the amount of tax evaded.

"Since it is hard to calculate the payable tax for the garbage illegally transferred, it is therefore difficult to weight the penalty for illegal garbage trafficking," Hu said.

Hu added, "I believe the draft amendment, once it is passed, will effectively curb the rampant influx of foreign garbage into China and better protect the country's environment and people."

(Xinhua News Agency December 23, 2002)