I want to start a charity where I collect used clothes and give them to poor people in Beijing. I have about 100,000 yuan in capital to get the ball rolling. How do I start going about setting something up?

The procedure to start a charity organization in China is largely the same as setting up a company in the early days. An applicant first needs to go to the city's industrial and commercial bureau to register. The minimum startup capital for a private foundation is 2 million yuan, although for a national public foundation it is 8 million yuan and for a regional public foundation it is 4 million yuan. The capital needs to be in a checking account. Applicants, who need to have a fixed address, also need to file a record of the foundation with the city's civil affairs bureau. They will need to produce an application, the organizations charter and an introduction to its directors, as well as proof of approval from the governing authority and proof of capital from a bank. The registration authority will respond within 60 days after they receive all the documents. If they agree, they will issue a certificate. If not, they should give you a written explanation.

How would police treat a foreigner if they were caught with a small amount of cannabis on their possession, say 2 grams?

It depends on his or her intension. If they are using the drug for themselves, he or she usually will be taken into custody for a public order violation and face 10 days in detention. If the suspect is the drug trafficker, however, they will be in serious trouble. Even though the drug is only a small amount, he or she will be prosecuted for the crime of drug trafficking, as China has a very strict policy on the trade of narcotics. He or she faces a prison sentence of between three to 10 years. The varying degree of punishment also has to do with what drugs they are actually trafficking. Any suspect found in possession of more than 50 grams of a banned narcotic faces the prospect of getting the death sentence.

Need advice from METRO's legal experts? E-mail your questions to metrobeijing@chinadaily.com.cn. Please give as many details about your situation as possible. Answers supplied by Zhao Jianping at Beijing Dajia Law Firm on 6551-1122.

(China Daily 05/04/2011 page)