Provisions Regarding the Implementation of Compulsory Expulsion of Foreigners

A complete translation of this document was provided by the Dui Hua Foundation, as part of an important article on deportation of foreigners. Some changes in terminology may occur through normal use of this site, and to match the style of other CLT translations.

Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Foreign Affairs Ministry of Justice Ministry of Finance
Provisions Regarding the Implementation of Compulsory Expulsion of Foreigners
(Jointly issued by SPC et. al. on July 31, 1992. Public Notice [1992] No. 18)

To the High People’s Courts, High People’s Procuratorates, Public Security Departments (Bureaus), Foreign Affairs Offices of the People’s Governments, Justice Departments (Bureaus), Finance Departments (Bureaus) of all provinces, autonomous regions and directly-governed municipalities:

The following provisions are now made concerning the implementation of compulsory deportation of foreigners who have violated the law:

I. Scope of Application

In any of the following circumstances requiring the deportation of foreigners, these Provisions are to be applied:

1. Where a people's court has sentenced a foreigner to deportation as either as a stand-alone or supplemental penalty;
2. Where, in accordance with the "Exit and Entry Administration Law of the People's Republic of China" [1985], the Ministry of Public Security has expelled or ordered a foreign offender to depart before the expiry of his/her limit of stay;
3. Where a foreigner for whom the public security organ has made a repatriation decision or a decision to shorten the duration of stay, or has revoked the residence permit, and the foreigner has failed to depart voluntarily in the designated period and needs to be compulsory expelled;
4. Where, in accordance with the provisions of international treaties or the "Regulations of the People's Republic of China Concerning Consular Privileges and Immunities; a foreigner with diplomatic or consular privileges and immunities has been declared by China as persona non grata, or whose diplomatic or consular status is not recognized by the China, has been ordered to depart within a set time and, without justification, has not departed within that time.

II. Enforcement Organs

The enforcement and monitoring of compulsory expulsion of foreigners' is to be carried out by the public security organs in accordance with relevant legal instruments or official documents:

1. Where foreigners are sentenced to deportation as a stand-alone penalty, the people’s courts shall deliver the criminal judgment and a copy of the enforcement order to the provincial public security organ within fifteen days of the judgment taking effect.
2. Where foreigners are sentenced to imprisonment, deportation as a supplemental penalty will be carried out after the completion of the prison term; one month before the sentence expires, the prison administration departments are to deliver copies or duplicates of the original judgment and enforcement order to the provincial public security organ, and the public security organ designated by the provincial public security organ will enforce the expulsion.
3. Where a foreigner is deported or ordered to exit within a certain time period, the local public security organ is to enforce the order in accordance with the Entry and Exit Administration Decision of the Ministry of Public Security.
4. Where public security organs have decided foreigners are to be repatriated, have a shortened duration of stay, or have residence permits revoked; enforcement is by the local public security organ in reliance on the decision.

Where foreigners' duration of stay is shortened or residence permits are revoked, the host organization may also arrange their departure, and the public security organs are responsible for supervision in accordance with the decision.

1. Where, in accordance with the provisions of international treaties or the "Regulations of the People's Republic of China Concerning Consular Privileges and Immunities; a foreigner with diplomatic or consular privileges and immunities has been declared by China as persona non grata, or whose diplomatic or consular status is not recognized by the China, has been ordered to depart within a set time and, without justification, has not departed within that time, enforcement or supervision of enforcement is the responsibility of the public security organ designated by the Ministry of Public Security in accordance with the official documents from the Ministry of Foreign affairs

III. Preparation Work Before Enforcement

1. Documents allowing residence in China that are in the possession of foreigners subject to compulsory expulsion are to all be confiscated. For visas in passports, the validity period shall be shortened with a seal prohibiting extension affixed, or they shall be cancelled.

2. Any foreigners who are deported must be included in the list of persons to be denied entry, with the specific measures enforced in accordance with "The Specific Measures Regarding the Reporting of Foreigners to be Denied Entry" ([1989] Public Security Border Control No. 87). Where other foreigners subject to compulsory expulsion need to be entered into the list of persons denied entry, it is to be submitted for approval in accordance with provisions.

Where a foreigner is listed as a person to be denied entry, the enforcing public security organ shall announce to the person the period during which they will be denied entry.

3. The enforcement organs must must examine the valid passport, or other identification documents used in place of a passport, and any valid visas for transiting through a third country or region, of persons subject to compulsory expulsion.

Where foreigners do not possess the visas or documents described above, contact should be made with the embassy or consulate for that country, and the embassy or consulate is responsible for handling it. Where they have a host organization in China, the host organization is to contact the embassy or consulate. Where they do not have a host organization, the Exit and Entry Administration Bureau of the Ministry of Public Security or local public security organ for the consulate is to contact the embassy or consulate. Where there is no embassy or consulate in China, or the embassy or consulate does not cooperate, this shall be reported up to the Ministry of Foreign Affairs or the Ministry of Public Security, and the matter may be resolved by diplomatic means.

Where citizens of a neighboring country sharing borders with China exit at a border crossing or port, it may be done without processing documents or visa.

4. Foreigners subject to compulsory expulsion shall arrange their own air travel, ground transportation, or travel by ship, and bear the expenses themselves. Where the foreigner cannot afford the expenses, and is also not to be provided travel expenses by a relevant unit in accordance with an agreement, it is necessary for their embassy or consulate pay (following the same means of communicating for resolution with the embassy or consulate as described in the previous clause). Foreigners subject to compulsory expulsion shall arrange for air travel, ground transportation, or travel by ship out of the country, and bear the expenses.

5. In deciding whether it is necessary to notify the embassy or consulate of the reasons for and date of the expulsion of a foreigner that it has been decided is subject to compulsory expulsion, the local foreign affairs office may request instructions from the Ministry of Foreign Affairs.

6. In cases that might cause diplomatic interventions or disputes, the competent organs should promptly notify the local foreign affairs office of the case situation and agreed upon external lines of response, and so forth. Where it is necessary to make external reports, this must be approved by the Ministry of Public Security and Ministry of Foreign Affairs.

IV. Enforcement Period

The public security organ responsible for specific enforcement shall follow the period designated by the transferring organ to immediately enforce. If there are special circumstances that require an extension for enforcement, this is to be reported for review and approval to the public security department (bureau) of the province, autonomous region or directly-governed municipality.

V. Port of Departure

1. For foreigners subject to compulsory expulsion, the departure port should be designated in advance and arranged to be nearby.
2. If foreigners subject to compulsory expulsion are bound for a neighboring country sharing borders with China, exit may also be arranged at a border crossing or port.
3. The enforcement organ shall contact the public security organ at the port of departure or border inspection station, to report details about the person being deported, arrival time at the port, ground transportation number, departing flight number, train number, and times, as well as other matters related assisting in enforcement of the relevant matters. The public security organ at the departure port or border inspection station shall assist in arranging with matters related to the departure.
4. 4. Whenever possible, the departure time shall be arranged on the same day as arrival at the port of departure. Where they cannot depart on that day, the local public security organ for the port shall assist in employing necessary custodial measures.

VI. Enforcement Methods and Related Matters

1. Foreigners sentenced to deportation by people’s courts as a stand-alone penalty or subject to deportation by the Ministry of Public Security, are to be escorted by both armed police of the public security detention center and foreign affairs police; foreigners having deportation enforced after the completion of a prison term, are to be escorted by both prison officers, guarding armed police and foreign affairs police of the public security organs. When necessary, handcuffs may be used when escorting the two types of person described above. Where an escort is necessary for other foreigners whose departure has been ordered, the enforcement organ is to assign foreign affairs police escorts; where escort is not necessary, they may appoint foreign affairs police to monitor on-site at the time of departure.
2. The number of enforcement personnel is determined by the specific circumstances, but in principle, the should not be less than two.
3. Escorting personnel should increase their vigilance, ensure safety, and prevent incidents of escape, violence, suicide, or self-inflicted harm.
4. Border checkpoints are to arrange passage for foreigners in accordance with the compulsory expulsion notice, decision or ruling, as well as said person’s passport and documents.
5. Enforcement personnel should monitor the foreigner subject to compulsory expulsion as they board the vehicle and not leave the premises until they have departed. Where departure is through a border crossing, they should monitor their departure from China before leaving.
6. Specific circumstances such as the deported foreigner entering the vehicle to depart, should be photographed, and also video recorded and stored where there is capacity.

VII. Expenses

The expenses incurred in removing a foreigner (including meals, lodging, and transportation for the escorts; as well as , lodging, transportation, and rental of temporary detention locations, and international travel expenses that cannot be borne by the foreigners themselves, and which the embassy or consulate in China refuses to pay or there is no embassy or consulate for the foreigner's home country in China) shall be handled in accordance with the existing finance system and the finance department where the case is handled responsible for resolution.

VIII. People's police and personnel enforcing compulsory expulsion should have solemn demeanor, adhere strictly to their duties, be civil, and obey foreign affairs discipline..

Compulsory expulsion of foreigners, from now on, is to uniformly comply with these provisions.