Security Briefing: Local Laws

The information below has been excerpted from the following: 1) the US Department of State's "International Travel" website (travel.state.gov/travel/), 2) the Australian Department of Foreign Affairs and Trade's "Smartraveller" website (www.smartraveller.gov.au), and 3) the UK Foreign and Commonwealth Office's "Foreign Travel Advice" website (www.gov.uk/foreign-travel-advice/). Additional information is available from these sources. World Trade Press annually assesses the information presented on this page.

United States: Department of State International Travel Information

CRIMINAL PENALTIES

While you are traveling in China, you are subject to its laws even if you are a U.S. citizen.  Foreign laws and legal systems can be vastly different than our own.  There are also some things that might be legal in the country you visit, but still illegal in the United States.  For example, you can be prosecuted under U.S. law if you buy pirated goods.  Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States.  If you break local laws in China, your U.S. passport will not help you avoid arrest or prosecution.  It is very important to know what is legal and what is not wherever you go. 

China gives the police the authority to detain and deport foreigners for a wide variety of reasons, including engaging in prohibited religious activities and soliciting prostitutes.  If you do not have your passport with you, you may be taken in for questioning.  China has strict laws against driving under the influence of alcohol that can lead to immediate detention on a criminal charge.

If you are arrested in China, the U.S.-China Consular Convention requires Chinese authorities to notify the U.S. Embassy or nearest consulate general of your arrest within four days.  Typically, the police will not allow anyone other than a consular officer to visit you during your initial detention period, including your family or even an attorney.  Bail is rarely granted in China, and you can be subject to detention for many months before being granted a trial. Please see the section on DUAL NATIONALITY for the limits on consular notification and access in the cases of persons who hold dual nationality.

SPECIAL CIRCUMSTANCES

North Korea

China shares a lengthy border with the Democratic People’s Republic of Korea (North Korea or DPRK), a country with which the United States does not maintain diplomatic or consular relations.  If you cross into North Korea, even inadvertently, you will become subject to North Korean law.  For further information about travel to North Korea, consult the North Korea Country Specific Information webpage and the Travel Warning for North Korea.

Commercial Disputes

If you or your company becomes involved in a civil business dispute in China, the Chinese government may prohibit you from leaving China, without advance notice, and until the matter is resolved.  There are cases of U.S. citizens being prevented from leaving China for months and even years while the dispute is ongoing.  In some cases, defendants have even been put into police custody pending resolution of their civil cases.  Some local businesspeople who feel that they have been wronged by a foreign business partner may hire "debt collectors” to harass and intimidate the foreigner or his/her family in hopes of collecting the debt.  Foreign managers or company owners have in some cases been physically detained as leverage during dispute negotiations.  The Embassy and consulates general can provide a list of local attorneys who can be hired to provide counsel.  Please note that U.S. Embassy and consulates are unable to intervene in civil cases, nor are local law enforcement authorities generally willing to become involved in what they consider business matters.  For information on commercial contracts and disputes and for general assistance, please consult the U.S. Commercial Service website for China.

Surveillance and Monitoring

Security personnel carefully watch foreign visitors and may place you under surveillance.  Hotel rooms (including meeting rooms), offices, cars, taxis, telephones, Internet usage, and fax machines may be monitored onsite or remotely, and personal possessions in hotel rooms, including computers, may be searched without your consent or knowledge.  Business travelers should be particularly mindful that trade secrets, negotiating positions, and other business-sensitive information may be taken and shared with local interests.                       

Natural gas

U.S. citizens who rent apartments with gas appliances should be aware that, in some areas, natural gas is not scented to warn occupants of gas leaks or concentrations.  In addition, heaters may not always be well vented, allowing excess carbon monoxide to build up in living spaces.  Fatal accidents involving U.S. citizens have occurred.  If you plan to live in China, you should ensure all gas appliances are properly vented or install gas and carbon monoxide detectors in your residence.  These devices are not widely available in China, and if possible, you should purchase them prior to your arrival.

Cell phones

In China, most people use cell phones for calls and SMS messaging.  Telephones and SIM cards are widely available, and minutes can be purchased at many convenience stores.  Vendors require identification from anyone purchasing a SIM card, and the purchaser’s identity is registered with the government. 

Internet access

The Internet is used widely throughout China.  Most hotels, even in remote areas, offer Internet access, often for a fee.  Low-cost cyber cafes or Internet bars are widely available and are often open 24 hours a day.  You may have to show your passport and have your photo taken before you can log on.  Many websites are blocked, including social networking sites such as Facebook, and you can expect that your Internet activity may be monitored.

Contracts

Anyone entering into a commercial or employment contract in China should first have it reviewed by legal counsel, both in the United States and in China.  The U.S. Foreign Commercial Service can assist you in identifying and vetting business contacts and opportunities.  Many U.S. citizens have reported difficulty getting their contracts enforced by Chinese courts, and others have reported being forced out of profitable joint ventures and being unable to secure legal recourse in China.  If you or your company are the subject of a court order requiring you to pay a settlement in a legal case, failure to make this payment may result in an exit ban which will prohibit your departure from China until payment is made.

English/Secondary School Teachers

English teachers in China frequently report being recruited through misrepresentations or having contract disputes which can result in termination, lost wages, having school authorities confiscate their passports, forced eviction from housing, and even threats of violence.  It is important to research the school at which you will be teaching and also to make sure that you have the proper visa to legally teach English in China.  Do not accept a one-way airline ticket from a school to teach English in China, as some U.S. citizens have reported that the school never provided their airfare home.  If you do have a dispute with your school, you may wish to consult with or hire a local attorney; seek assistance from the police if your safety is threatened.  Prospective teachers are encouraged to read the Teaching in China Guide on the U.S. Embassy's American Citizen Services website. 

Social Insurance

China has a social insurance system to which foreigners who work in China must contribute.  When you sign an employment contract, you must apply for a social insurance number, and it is important that your employer work with you to comply with the regulations.  Please check the official website for updated information.

Air Quality in China

Air pollution is a significant problem in many cities and regions in China.  Pollutants such as particle pollution and ozone are linked to a number of significant health effects, and those effects are likely to be more severe for sensitive populations, including people with heart or lung disease, children, and older adults.  While the quality of air can differ greatly between cities or between urban and rural areas, U.S. citizens living in or traveling to China may wish to consult their doctor when living in or prior to traveling to areas with significant air pollution.

The Chinese Ministry of Environmental Protection provides its own air quality data for cities throughout China.  You can view the information at http://english.mep.gov.cn.  

The U.S. Embassy in Beijing and the U.S. Consulates in Chengdu, Guangzhou, and Shanghai make air quality data available to the U.S. citizen community.  View these data from the following links:

*U.S. Embassy Beijing air quality data: http://beijing.usembassy-china.org.cn/070109air.html
*U.S. Consulate in Chengdu air quality data:http://chengdu.usembassy-china.org.cn/air-quality-monitor4.html 
*U.S. Consulate in Guangzhou air quality data:http://guangzhou.usembassy-china.org.cn/guangzhou-air-quality-monitor.html 
*U.S. Consulate in Shanghai air quality data:http://shanghai.usembassy-china.org.cn/airmonitor.html

*U.S. Consulate in Shenyang air quality data:www.twitter.com/shenyang_air

Typhoons

The southeast coast of China is subject to strong typhoons and tropical storms, usually from July through September.  For current information about typhoons and tropical storms, please consult the Joint Typhoon Warning Center in Honolulu and theNational Weather Service's Central Pacific Hurricane Center.

Earthquakes

China is a seismically active country, and earthquakes occur throughout the country. Notable earthquakes include one in Qinghai in 2010 in which 3,000 people were killed and a major quake in Sichuan in 2008 when more than 87,000 people perished.  U.S. citizens should make contingency plans and leave emergency contact information with family members outside of China.  Check here for information about earthquake preparedness, and general information about natural disaster preparedness is available from the U.S. Federal Emergency Management Agency.

LGBT RIGHTS

Homosexuality and lesbian, gay, bisexual, and transgender (LGBT) rights are not generally addressed under current Chinese laws.  Homosexuality was decriminalized in China in 1997, but there are no civil rights laws that prohibit discrimination or harassment on the basis of sexual orientation or gender identity.  Prejudices and discrimination still exist in many parts of the country.  Same sex marriages are not legally recognized in China and local authorities will not provide marriage certificates to same sex couples.  There are growing LGBT communities in some of China’s largest cities and violence against LGBT individuals in China is relatively rare. For further information on Lesbian, Gay, Bisexual and Transgender travel, please read our Information for LGBT Travelerspage.

ACCESSIBILITY

While in China, individuals with disabilities may find accessibility and accommodation very different from what they find in the United States.  Standards adopted for making roads and buildings accessible to persons with disabilities are subject to the Law on the Handicapped, which calls for their "gradual" implementation; however, compliance with the law is lax.  Even in newer areas of large cities, sidewalks often do not have curb cuts, making wheelchair or stroller use difficult.  Many large streets can be crossed only via overhead pedestrian bridges not accessible except by staircase.  Although some sidewalks have special raised “buttons” or strips to help those who are blind or have restricted sight to follow the pavement, they are unreliable.  While most public buildings have elevators, they are often locked, and the responsible official with the key must be located before they can be used. 

In major cities, public restrooms in places visited by tourists usually have a least one handicap-accessible toilet.  International signage is used to identify handicap-accessible facilities.  Free or reduced-entry fares on public transportation are sometimes provided for a handicapped person and a companion, although this is usually stated only in Chinese and is often restricted to residents with special identification cards.

Australia: Department of Foreign Affairs and Trade Travel Advice

When you are in China, be aware that local laws and penalties, including ones that appear harsh by Australian standards, do apply to you. If you are arrested or jailed, the Australian Government will do what it can to help you but we can't get you out of trouble or out of jail.

Information on what Australian consular officers can and cannot do to help Australians in trouble overseas is available from the Consular Services Charter.

In China, a person aged 14 years and above is considered to be responsible for their actions, and treated as an adult under the law. If detained, a person of this age will be held with adults and be subject to the same conditions and legal processes as adults.

There are strictly enforced laws which prohibit demonstrations without prior approval from the government. If arrested, you could be jailed or deported.

Penalties for drug offences are severe and include the death penalty.

Other serious crimes may also attract the death penalty.

Gambling and prostitution are illegal in mainland China.

Photography of military or government buildings may result in a penalty. You should seek permission from local authorities before taking photographs.

Homosexual acts are not illegal in China, but you should be aware of local sensitivities. See our LGBTI travellers page.

All foreigners including long-term residents are required to register their place of residence with the local Public Security Bureau (PSB) within 24 hours of arrival, and at each change of residential location. This can be done by visiting the nearest police station and presenting your passport and valid Chinese visa. Foreigners staying with family or friends in a private home are required to register with the PSB. Failure to do so could result in fines and detention. If you are staying at a hotel, this is done as part of the normal check-in process, after the hotel verifies your passport and valid visa. Foreigners with residence permits are now required to register after each re-entry.

You should carry evidence of your identity at all times and present it upon demand of police authorities. Your passport or a Chinese residence card is an acceptable form of identity. Failure to carry ID or comply with the registration requirement could result in fines and detention.

Restrictions apply to certain religious activities, including preaching, distributing literature and associating with unapproved religious groups. Falun Gong activities are banned in China. Falun Gong related demonstrations and activities contravene Chinese laws. If you participate, you could be arrested, imprisoned and/or deported.

Some Australian criminal laws, such as those relating to money laundering, bribery of foreign public officials, terrorism, forced marriage, female genital mutilation, child pornography, and child sex tourism, apply to Australians overseas. Australians who commit these offences while overseas may be prosecuted in Australia.

Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism and child pornography laws. These laws provide severe penalties of up to 25 years imprisonment for Australians who engage in child sexual exploitation while outside of Australia.

Doing business in China

Increased Australian business activity in China has resulted in higher numbers of commercial disputes in recent years. If you are considering entering into a contract of any sort in China, for example a business contract or residential lease, you are advised to seek professional legal advice before entering into the contract.

If Australian nationals carrying out business in China become involved in a business or civil dispute, they may be prevented from leaving the country until the matter is resolved. This has recently resulted in Australians being restricted from leaving China for extended periods of time, sometimes many years.

Business issues that may be classified as civil or commercial disputes in Australia, may be classified as criminal matters in China, particularly business dealings where state enterprises or state assets are involved. Penalties for commercial or economic crimes can be severe.

There has been an increase in the number of incidents in which Australians and other foreigners have been held against their will at their work place. These incidents may involve other companies or disgruntled employees attempting to resolve business and employment disputes through protests which are often accompanied with threats of violence.

Employment in China

Disputes over alleged misrepresentation of working and living conditions for Australians working in China, particularly those teaching English, occur frequently. If you are considering travelling to China for work, you should verify the true nature of the work being offered and make sure you have the correct visa before arrival. You are advised to seek professional legal advice before signing any contract, whether in Australia or after arrival in China.

Points to check carefully include:

• Employment contracts: Contracts may contain unacceptable conditions. For example, conditions for early termination may state that the employee surrenders the right to a return air ticket, and pay may be withheld.
• Passports: Reputable businesses will not request you to surrender your passport for "safe-keeping". You should not surrender your passport in these circumstances.
• Failure to maintain a valid visa could result in a fine of 500 RMB per day and detention. Employment in China usually requires a 'Z-class' visa and a Chinese residence permit.

Other information for business

Australians doing business in China should see our business travel advice for general information on the potential for legal and other risks. The Australian Trade Commission (Austrade) provides specific advice on doing business in China. In addition, our Living and Working Overseas page provides further information for Australians considering working or living overseas.

Information for dual nationals

The Chinese government does not recognise dual nationality and will not allow consular access by the Australian Embassy or Consulate to Australians detained by Chinese authorities if they have entered China on a Chinese passport, a Hong Kong or Macau identity card, an identity card issued by Taiwan or any non-Australian foreign passport. If you are an Australian/Chinese dual national, you should travel on your Australian passport, obtain a visa for China and present yourself as Australian at all times.

If you are a former Chinese citizen and have not renounced your citizenship according to Chinese law, it is possible that Chinese authorities will continue to treat you as a Chinese citizen and not allow you Australian consular services, even if you entered China on an Australian or other foreign passport. If you do not advise the Chinese authorities formally that you have become an Australian citizen, or if you continue to maintain a Chinese passport or household registration, it is possible that Chinese authorities will treat you as a Chinese citizen. Similarly, it is possible that certain types of Chinese citizens, such as state functionaries, will not be permitted to renounce their Chinese nationality under Chinese law. You are advised to seek professional legal advice if you are uncertain about your citizenship status under Chinese law.

Our Dual Nationals page provides further information for dual nationals.

United Kingdom: Foreign and Commonwealth Office Foreign Travel Advice

The Chinese criminal justice system differs greatly from the UK’s. Police have the power to arrest, detain or withhold your passport if you are suspected of a crime. Suspects may be detained for weeks or months before charges are laid or given a travel ban preventing them from leaving China. Courts don’t generally grant foreigners bail. Travel bans can also be imposed on people involved in private or business disputes.

Some lawyers may be reluctant to accept cases involving foreigners. Contact the British Embassy or Consulate if you experience such difficulties.

There are severe penalties in China for drugs offences including the death penalty. A British national was executed in China for a drugs offence in December 2009. Other foreign nationals have been sentenced to death in China for drugs offences since then.

China doesn’t recognise dual nationality. If you enter China on a Chinese passport or identity card, the British Embassy may not be able to offer consular assistance. Any person born in China to a Chinese national parent will be considered by the Chinese authorities to have Chinese nationality. Travellers holding British passports who also hold Chinese citizenship may be regarded by the Chinese authorities as a Chinese citizen, even if you travel to China on a British passport. If you have formally renounced Chinese citizenship, you should carry clear evidence that you have done so.

Foreign nationals over 16 years of age must carry their passport with them at all times. Police carry out random checks, especially during periods of heightened security and major sporting or political events. Failure to produce your ID can lead to a fine or detention. If you renew your passport while you’re in China, you must register your new passport with the authorities promptly or face a fine.

The Chinese authorities maintain controls on internet access. Websites like Facebook, Youtube and Twitter are blocked. Other websites or e-mail services (especially Google and Gmail) are blocked from time to time.  

Gambling is illegal in mainland China.

There are restrictions on certain religious activities, including preaching and distributing religious materials. The Falun Gong movement is banned in China.

Homosexuality is not illegal although there are no specific laws in place to protect the rights of LGBT people. You can find information on LGBT life in China on the British Embassy website.

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