China: Information on whether having a second child while residing overseas constitutes a violation of the one-child policy, especially when the first child is mentally disabled, and if so, on what are the penalties
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1995 |
| Citation / Document Symbol | CHN19299.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, China: Information on whether having a second child while residing overseas constitutes a violation of the one-child policy, especially when the first child is mentally disabled, and if so, on what are the penalties, 1 January 1995, CHN19299.E, available at: https://www.refworld.org/docid/3ae6aca724.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. |
Specific information on whether having a second child while residing overseas is a violation of the one-child policy, particularly in cases where the first child is mentally disabled could not be found among the sources consulted by the DIRB. However the following related information might be of interest.
In his 1991 study entitled Demographic Transition in China: Fertility Trends in China since 1950s, Peng Xixhe includes a 1984 table listing 15 exceptions for allowing a second birth and charts them for 25 of the 30 provinces, municipalities and autonomous regions (1991, 48). According to this table, in some areas, a couple is allowed to have a second child if "one or both spouses are returned overseas Chinese" (ibid.).
In the Henan province, the provincial law on family planning states that a couple is allowed to have a second child, upon approval by the authorities, "if the two sides of the couple are returned overseas Chinese, or Hong Kong, Macao, and Taiwan compatriots who settle down in Henan and have one child only." (Henan Ribao 10 May 1990).
Couples may also have a second child if "a first child is born crippled or cannot mature normally" (China's Population 1992, 16). Peng Xizhe's 1984 table indicates that most areas allow for a second birth if "a couple's first child suffers from a non-hereditary disease or disablement and is unable to become an able-bodied labourer" (1991, 48).
For general information on the penalties for couples who contravene the one-child policy in China, please refer to the attached documents.
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
China's Population. 1992. Beijing: New Star Publishers.
Henan Ribao [Zhengzhou, in Chinese]. 10 May 1990. "Henan Province Law on Family Planning." (FBIS-CHI-90-106 1 June 1990, pp. 36-42)
Xizhe, Peng. 1991. Demographic Transition in China: Fertility Trends in China. New York: Oxford University Press.
Attachments
China's Population. 1992. Beijing: New Star Publishers, p. 16.
Commonwealth of Australia, Department of Foreign Affairs and Trade. 1993. Report of the Second Australian Human Rights Delegation to China 8-20 November 1992. Canberra: Australian Government Printing Services, pp. 50-52.
Gannett News Service. 10 July 1994. Ellen Hale. "Our Crowded Planet: A Woman's Burden-Killing Unwanted Babies Silent Population Control." (NEXIS)
Henan Ribao [Zhengzhou, in Chinese]. 10 May 1990. "Henan Province Law on Family Planning." (FBIS-CHI-90-106 1 June 1990, pp. 36-42)
Population and Family Planning. 1990. Beijing: Foreign Languages Press, pp. 7-8.
Population Crisis Committee. 1992. Shanty R. Conly and Sharon L. Camp. China's Family Planning Program: Challenging the Myths. Washington, DC: The Population Crisis Committee pp. 22-26.
South China Morning Post [Hong Kong]. 12 June 1994. Billy Wong Wai-Yuk. "The Children Left to Rot in Squalor." (NEXIS)
Xizhe, Peng. 1991. Demographic Transition in China: Fertility Trends in China. New York: Oxford University Press, pp. 45-52.