[NHCOLL-L:1299] Re: Chinese dinosaur eggs

[Dan_Chure at nps.gov]

Neil

What? Confusion concerning laws pertaining to fossils!  Who has ever heard
of such a thing (sigh)........................

Thanks for the interesting update.  Schmidt, in her 2000 paper, cites a
number of Chinese statutes which appear to apply to fossils. These are:

1. The PRC 1982 Constitution, Article 22 of Chapter One, General Principles
states that the state protect "important items of China's historical and
cultural heritage.

2. 1982 Cultural Relics Protection Law: this effectively brings all
valuable fossils under state control. The 1991 amendments to the CRPL,
"forbids hiding cultural relics discovered underground" and failing to
report and deliver them to the state.

3. 1997 Criminal Law concerned with "Crimes of Obstructing Cultural and
Historic Relics Control"

4. 1997 Criminal Law concerned with "The Crime of Encroaching Upon
Property" concerns thefts of precious cultural relics.

5. 1997 Criminal Law, Part 2, Chapter III, Article 151 "Crimes of
Undermining the Order of Socialist Market Economy" covers smuggling of
prohibited cultural relics.


Dinosaur eggs fall within the concept of cultural objects in all of the
above.

Schmidt does mention on the first page of her paper that China is presently
undertaking amending the current Cultural Relics Protection Law to provide
more specific protection for fossils. Maybe that is what you heard at the
conference. However, if what you heard was correct then it would seem that
the one can now smuggle cultural items such as Ming vases out of China with
no laws being violated.  That I find hard to believe.

Would you tell me what fossil trade conference  you were referring to?  I
must have missed the announcement.  Is there an abstract volume or is a
proceedings volume planned?

Best

Dan

________________________
Daniel J. Chure, Ph.D.
Research Scientist
Dinosaur National Monument
Box 128
Jensen UT  84035  USA
ph: 435-781-7703
dan_chure at nps.gov


                                                                            
                    "Neil Clark"                                            
                    <Nclark at museum.       To:     NHCOLL-L at lists.yale.edu   
                    gla.ac.uk>            cc:     (bcc: Dan Chure/DINO/NPS) 
                                          Subject:     [NHCOLL-L:1295] Re:  
                    10/25/2001             Chinese dinosaur eggs            
                    11:37 PM MDT                                            
                                                                            
                                                                            





As I understand it, due to the law being reviewed at the moment,
there is no law preventing the trade in dinosaur eggs from China.
The old law had to be rescinded before a new one could be
implimented.  As far as I know, no new law has been implimented
as yet.  Certainly that was the way of things at the time of a
conference on fossil trade I was at in May 2001.  I presume that
would mean that any eggs exported from China between June
1993 and sometime in 2000/1? would have been illegal, but
anytime before and after that date would be legal.....  Confused?  I
am!

Neil


Dr Neil D. L. Clark
Curator of Palaeontology
Hunterian Museum
University of Glasgow
GLASGOW
G12 8QQ

tel:0141 330 3599/4221
SCOTTISH GEOLOGY WEEK: http://www.scottishgeology.com/



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Subject: [NHCOLL-L:1295] Re: Chinese dinosaur eggs
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