China: Two reports in state-owned media regarding the penalties for illegal immigration and treatment of illegal emigrants by the authorities

At this judgement rally, four cases involving 65 smuggling organizers, carriers and illegal migrants were judged in a proper legal process. Five smuggling organizers, 4 people providing transportation, and 56 illegal immigrants of particularly odious influence were punished severely and quickly. One person was sentenced to a term of over ten years, six were sentenced to a term of over five years and 58 were given sentences of less than five years. Fines of between 20 and 60 thousand yuan [CAN$3500‑$11,500] were also imposed on all the offenders.

Another article, appeared in the Internet edition of the state-owned China Daily on 3 February 2000:

'Snakeheads' Disrupting Borders

China will strengthen its strikes against illegal emigration, including the notorious "snakeheads" who smuggle people overseas, and work more with other countries to slow the rise of stowaway cases, a top frontier police officer told China Daily.

Guo Xiqin, deputy director of Frontier Administration Bureau of the Ministry of Public Security, said officers found more than 1,300 illegal migration cases inland last year and that more than 9,000 stowaways were captured.

Guo said this figure shows an increase over 1998 but did not name the 1998 figure.

The frontier police also arrested more than 800 stowaway agents, colloquially called "snakeheads," last year. One hundred five of them have been sentenced to prison.

The United States, Canada, Japan and Australia and other countries are among main destinations for stowaways.

This illegal emigration has seriously impeded China's economic development and social order, Guo said.

"Most stowaways are ordinary people and have never been wrongly treated in their hometowns," Guo said.

He noted that some apply for asylum when they reach other countries. But, he said, "the applications of some for political asylum are merely pretexts to stay there."

He added that Canada and Australia offer settlement rights to some immigrants, luring more to take the risk of emigrating.

The proliferation of snakeheads does not help matters, either.

Many snakeheads are foreigners or Chinese people with foreign passports who hire people in China to organize stowaways, Guo said, adding that these agents make huge profits. He said Chinese police cannot catch agents who operate in other countries.

"Without help from people smugglers in destination countries, it is impossible for the migrants to safely enter borders of these countries," Guo said.

Police reports indicate that snakeheads charge each stowaway from 60,000 yuan (US$1,200) to US$60,000. Sometimes the money is pre-paid; sometimes stowaways pay when they complete a passage.

Guo said going after snakeheads would be one of the best ways to stop illegal emigration.

China's laws allow two-year to seven-year prison sentences for these agents.

Busted stowaways can be fined 1,000 (US$120) to 5,000 yuan (US$602).

Guo pledged that the frontier police will take a harder look at people, boats and vehicles along borders or coastlines. Each boat is to be registered when it comes to or leaves port.

Guo appealed for international co-operation, including information sharing and co-ordinated strikes against snakeheads.

Most importantly, he said, destination countries should repatriate any stowaways they find. He said that In 1999 Canada caught more than 700 stowaways but repatriated very few.

"If most stowaways captured are allowed to stay, it is very difficult to cool down others' desire to sneak into another country illegally," Guo concluded.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

China Daily. [Internet edition, in English]. 3 February 2000. Jia Hepeng. "'Snakeheads' Disrupting Borders." [Accessed 8 Feb. 2000]

Fuzhou Ribao. [Internet edition, in Chinese]. 5 December 1999. Tang Ronghui and Lu Xianming. "Taking the Offensive Against Smuggling of Illegal Migrants." [Accessed 2 Feb. 2000] (Translated by the Translation Bureau, Multilingual Translation Directorate, Public Works and Government Services Canada, 7 Feb. 2000)

Fuzhou Ribao. [Internet edition, in Chinese]. 5 December 1999. Tang Ronghui and Lu Xianming. "Taking the Offensive Against Smuggling of Illegal Migrants." [Accessed 2 Feb. 2000]