Foreigners in China may be ordered to leave the country if they
violate a new set of public security regulations coming into force
today. Compared with the version which has been in place for 19
years the new regulations identify a total of 238 illegal
practices—adding 165 offences--and raises the maximum fine from 200
yuan (US$25) to 5,000 yuan (US$617).
The Law on Public Security Administrative Penalties, which takes
effect today, applies to all Chinese citizens and foreigners in the
country, including those with Diplomatic Immunity, the Ministry of
Public Security told a press conference yesterday in Beijing.
Cases involving Diplomatic Immunity would be handled through
diplomatic channels and the rest dealt with directly by Chinese
police, said Ke Liangdong, director of the ministry's legislative
bureau. Ke said the law targets new illegal practices in society.
"Protecting civil rights is our basic consideration," he said.
Instances of new illegal practices include:
Punishment ranges from warnings, fines and detention of up to 15
days. For foreign violators the law adds a 'deportation' clause. Ke
would not say what kind of illegal behavior would result in the
deportation penalty being used.
"It depends on the circumstances," he said. "But no matter what
law foreigners violate there'll be a risk of being deported."
He said local police stations would require to seek approval
from the Ministry or authorized provincial police authorities for
deporting foreigners. But if the penalty was detention county-level
police authorities would take responsibility.
Wu Mingshan, deputy director of the ministry's public security
management bureau, said a large number of violations involving
foreigners related to prostitution, theft and assault. He added
that the ministry would be issuing an English copy of the laws.
The Law on Penalties for Offenses against Public Order, which
will come into effect on March 1, includes provisions forbidding
police to extract confessions through torture or collecting
evidence by illegal means.
Ke Liangdong, director of the legal affairs bureau under the
Ministry of Public Security said on Tuesday at press conference
that the law nailed down the 'illegal evidence exclusion
principle', saying that the evidence obtained by torture,
threatening or cheating could not be used.
The law outlines detailed procedures including investigation and
enforcement in dealing with public order offenses. The law
indicated that police authorities should notify the public order
offenders in advance of the facts, reasons and legal basis for the
penalties and explain their rights.
(China Daily, Xinhua News Agency March 1,
2006)