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In what situations would a foreigner be deported from China for committing a crime?

In what situations would a foreigner be deported from China for committing a crime?

May 17, 2024

I. Behaviors by Foreigners in China That May Lead to Deportation

(1)Criminal Offenses
 
According to the “Criminal Law of the People’s Republic of China,” foreigners who commit crimes in China, such as rape, smuggling, theft, etc., may be sentenced to criminal penalties and additionally subjected to deportation. Deportation is a special type of punishment that can be applied independently or as an additional penalty. For foreigners with less severe criminal conduct, deportation may be imposed solely; whereas for those with more serious criminal nature, deportation may be applied additionally. This implies that all foreigners who commit crimes may face deportation.
(2)Violation of Public Security Administration
As stipulated by the “Public Security Administration Punishment Law of the People’s Republic of China,” foreigners who violate public security administration regulations and whose circumstances are severe may be subject to administrative penalties such as being ordered to leave the country within a specified time limit or deportation.
(3)Violation of Exit and Entry Administration
The “Exit and Entry Administration Law of the People’s Republic of China” clarifies the regulations for the residence and exit and entry of foreigners within China. If foreigners violate these regulations, such as illegal residence or illegal employment, they may be subject to deportation.
(4)Violation of Management of Activities by Overseas Non-Governmental Organizations
The “Law on the Activities of Overseas Non-Governmental Organizations within the Territory of the People’s Republic of China” stipulates that overseas non-governmental organizations must comply with Chinese laws and must not endanger national security or harm public interests when operating within China. Foreigners who violate this law may face legal sanctions, including deportation.
(5)Espionage Activities
The “Anti-Espionage Law of the People ‘s Republic of China” provides regulations against espionage activities. Foreigners engaging in espionage in China will face severe legal sanctions, including deportation.
(6)Illegal Surveying and Mapping Activities
The “Surveying and Mapping Law of the People’s Republic of China” stipulates that foreigners who engage in unauthorized surveying and mapping activities within China, if the circumstances are severe, may be deported.
(7)Illegal Seismic Monitoring Activities
The “Earthquake Prevention and Disaster Reduction Law of the People’s Republic of China” stipulates that foreigners who engage in unauthorized seismic monitoring activities within China, if the circumstances are severe, may be deported.

Foreigners in China That May Lead to Deportation 

II. Consequences of Deportation

Currently, in all judgments against foreigners for crimes in our country, there is no mention of the duration of deportation. That is to say, the time frame within which foreigners deported for committing crimes can re-enter our country is not specified. However, according to Article 81 of the “Exit and Entry Administration Law of the People’s Republic of China,” a foreigner who has been deported is not allowed to enter China within ten years from the date of deportation. This means that foreigners deported for illegal acts will be unable to obtain permission to enter China for ten years.

 

III. Who Bears the Cost of Deportation

The cost of the tickets (air, train, or ship) for a foreigner who is deported shall be borne by the individual. If the individual is unable to bear the cost or resolve the issue, the responsibility falls to their home country’s embassy or consulate. If the embassy or consulate does not assume the cost or if there is no embassy or consulate, the Chinese government will cover the expenses.