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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: 

• Repeatedly sending pornographic mobile-phone messages 
• Disturbing public order at sports or cultural events
• Pets which harass neighbors
• Causing disturbances by making too much noise 

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)