China: Update to Response to Information Request CHN17261.E of 3 May 1994 on the treatment of Chinese nationals who return to the People's Republic of China after leaving illegally
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1996 |
| Citation / Document Symbol | CHN23434.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, China: Update to Response to Information Request CHN17261.E of 3 May 1994 on the treatment of Chinese nationals who return to the People's Republic of China after leaving illegally, 1 April 1996, CHN23434.E, available at: https://www.refworld.org/docid/3ae6ac1270.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 176 of The Criminal Code of the People's Republic of China states that
A person who, in violation of immigration control regulations, illegally crosses the national boundary shall, if the crime is of a serious nature, be sentenced to either fixed-term imprisonment for not more than one year, detention or public surveillance (1982).
According to Country Reports on Human Rights Practices in 1995, in 1995,
The Government continued to accept the repatriation of citizens who had entered other countries or territories illegally. In 1995 in addition to the routine return of Chinese illegal immigrants found in Hong Kong, the Government continued accepting the return of several groups of illegal immigrants from other countries. Citizens illegally smuggled to other countries were often detained upon their return for a short time to determine identity and any past criminal record or involvement in smuggling activities. As a deterrent and to recover local costs incurred during the repatriation, the authorities in some areas levied a fine of $1,000 or more on returnees (Mar. 1996).
According to a representative of the New York-based group Human Rights in China (HRIC), news reports indicate that Chinese authorities do accept people returning to China who have left illegally, and it is widely reported that a fine of US$1,000 is levied (10 Apr. 1996). According to HRIC's sources in Hong Kong, people who cannot pay the fine are often made to serve six months of re-education through labour, which the HRIC representative described as essentially the same as a prison term (ibid.).
For information on a secret Public Security Bureau (PSB) black list of people banned from re-entering China for political reasons, and on the practice of "forced exile," please refer to the DIRB's July 1995 paper China: Political DissentAn Update, pages nine through thirteen, available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Country Reports on Human Rights Practices in 1995. March 1996. United States Department of State. Washington, D.C. (Electronic version received from Resource Information Center, US Immigration and Naturalization Service)
The Criminal Code of the People's Republc of China. 1982. Littleton, Colorado: Fred Rothman and Company.
Human Rights in China (HRIC). 10 April 1996. Telephone interview with a representative.