China: Information on the likely penalty upon return to China for individuals who illegally leave China for Hong Kong
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 March 1993 |
| Citation / Document Symbol | CHN13440 |
| Cite as | Canada: Immigration and Refugee Board of Canada, China: Information on the likely penalty upon return to China for individuals who illegally leave China for Hong Kong, 1 March 1993, CHN13440, available at: https://www.refworld.org/docid/3ae6ab7ac.html [accessed 19 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. |
A professor at Simon Fraser University in Vancouver provided the following information on the above subject during a telephone interview on 10 March 1990.
There is an increasing number of unemployed persons in China because of the economic reform. Consequently, a lot of people are no longer members of work units. Work units are in charge of providing economic and social services for their members in addition to providing employment. Persons who are no longer attached to work units are deprived of a variety of basic needs such as income and housing; they are an economic burden on the government of China. Hence the government is not likely to be concerned about persons who illegally leave China for Hong Kong for economic reasons. Individuals who illegally leave China for Hong Kong for economic purposes only are not likely to be ill-treated upon return to China.
In certain areas, such as Guangdong Province, there are many "repeated offenders." They are persons who have been repeatedly arrested and sent back to China by the Hong Kong authorities for their illegal entry into Hong Kong. There is no known report of their ill-treatment by the government of China.
The Public Security Bureau is not likely to be concerned about individuals who leave China for Hong Kong for economic purposes, provided these people are not criminals or "subversive elements" (i.e., political activists).
While there is no known penalty upon return to China for persons who are attached to work units and illegally leave the country for Hong Kong, there is a possibility that their work units may deny them promotion in the future.
A representative of the Chinese Community Centre in Ottawa provided the following information on the above subject during a telephone interview on 10 March 1993.
China has no written law on illegal entry into Hong Kong, but there may be administrative regulations on this issue; administrative regulations are more developed in China than are laws (10 Mar. 1993). The likely penalty for those who enter Hong Kong illegally and are returned to China depends on whether these people have left the country for economic or political reasons. If individuals have left China for economic or personal reasons and have not been involved in anti-government activities in China or abroad, they might face either no penalty or a light one. However, if individuals have been involved in anti-government political activities in China or abroad, they will face ill-treatment. The representative was unable to specify the likely type of treatment because it varies with the circumstances of each case.
A professor at the University of British Colombia in Vancouver provided the following information on the above subject during a telephone interview on 10 March 1993.
Individuals who illegally enter Hong Kong for economic reasons might face a few days of administrative detention or a fine upon return to China. Their illegal departure from China might also affect their future career in China. However, the source pointed out that lack of or dissatisfaction with employment is usually the reason for their illegal entry into Hong Kong.
Political activists who illegally enter Hong Kong might face a harsher penalty upon return to China. The source did not specify the likely penalty as it varies according to the circumstances of each case.
Additional and/or corroborating information on the above subject is currently unavailable to the DIRB.
References
Chinese Community Centre, Ottawa. 10 March 1993. Telephone Interview with Representative.
Simon Fraser University, Vancouver. 10 March 1993. Telephone Interview with Professor.
University of British Colombia, Vancouver. 10 March 1993. Telephone Interview with Professor.
