Situation of those returning to the People's Republic of China after leaving illegally
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1989 |
| Citation / Document Symbol | CHN0579 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Situation of those returning to the People's Republic of China after leaving illegally, 1 April 1989, CHN0579, available at: https://www.refworld.org/docid/3ae6ab7e74.html [accessed 21 May 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. |
According to The Right to Leave and Return in International Law and Practice (see attached extract), there is an absence of strong constitutional protection for the right to leave and return, while the restrictions permitted under national statutes or administrative regulations are based on very vague grounds.1
Since the late 1970's, tens of thousands of Chinese have gone overseas every year, to study, conduct business or visit relatives; in 1985, the government passed the "Citizens Exit and Entry Control Law", which went into effect on February 1, 1986.2
No additional information on this law is available at present in the IRBDC, Ottawa.
Article 176 of the Criminal Code of the People's Republic of China published in English in 1982 provides:
"A person who, in violation of immigration control regulations, illegally crossed the national boundary shall, if the crime is of a serious nature, be sentenced to either fixed-term imprisonment for not more than one year, detention or public surveillance."3
Le Droit Chinois (see attached extract), also published in 1982, refers to illegal trespassing of borders as a penal offence.4
In 1986, an article published in The New York Times stated:
"The punishment that illegal migrants face on their return depends on their home province. Typically, they are fined about $90, a substantial sum in China, but recently there have been reports of three-month prison sentences in some cases, to deter skilled urban workers from leaving for Hong Kong."5
See also the recent article concerning a refugee claimant who was returned to China with identity documents issued in Canada after failing to obtain refugee status in Canada. He was refused entry by Chinese authorities, who claimed that only they have the prerogative of issuing travel documents to those who leave China illegally and later attempt to return to China.6
1. The Right to Leave and Return in International Law and Practice, (Boston/Lancaster: Martinus Nijhoff Publishers, 1987), p. 82.
2. U.S. Department of State, Country Reports on Human Rights Practices for 1988: China, (Government Printing Office, 1989), p. 776.
3. The Criminal Code of the People's Republic of China, (London: Sweet & Maxwell Limited/ Colorado: Fred B. Rothman & Co., 1982), p. 70, article 176.
4. Tsien Tche-Hao, Le Droit Chinois, (Paris: Presses Universitaires de France, 1982, pp. 112-117.
5. Nicholas D. Dristof, "Ensnared and Returned: China's Migrant Young", in The New York Times, 8 December 1986.
6. "Personne ne voulait de l'immigrant chinois, sauf la prison de Vancouver", in Le Devoir, 18 March 1989.
The attached documents include:
- U.S. Department of State, Country Reports on Human Rights Practices for 1988: China, (Government Printing Office, 1989), pp. 776-777.
- The Criminal Code of the People's Republic of China, (London: Sweet & Maxwell Limited/ Colorado: Fred B. Rothman & Co., 1982), p. 70.
- Tsien Tche-Hao, Le Droit Chinois, (Paris: Presses Universitaires de France, 1982, pp. 112-117.
- "Personne ne voulait de l'immigrant chinois, sauf la prison de Vancouver", in Le Devoir, 18 March 1989.
- The Right to Leave and Return in International Law and Practice, (Boston/Lancaster: Martinus Nijhoff Publishers, 1987), p. 82.
