Tag: law

China’s Border Control: Exit Ban or Bian Kong

China is well known for its ability to detain foreigners from exiting the country. It is often used to settle business conflict between foreigners and Chinese companies. The Chinese company contacts the police to say that a foreigner has not paid or lived up to some business dealing and Chinese border control puts a ban on the foreigner’s exit. These are called “exit bans“.

Bian kong, “边控“, short for bianjing kongzhi, “边境控制” is a system that can bar a foreigner from leaving China. We normally call it an “exit ban”

边控

边控即边境控制,它是为防止涉案的外国人或者中国公民因其借出境之机逃避司法机关追究法律责任,给境内的国家、集体或个人财产等带来重大损失,而通过法定程序在国边境口岸对之采取限制出境的一种保全措施

适用法律
编辑
目前国内关于边控的相关法律规定,主要是外国人出入境管理法、 《中华人民共和国公民出入境管理法》 (以下简称“两法”)和最高法院、最高检察院、公安部、国家安全部印发的《关于依法限制外国人和中国公民出境问题的若干规定》 (以下简称《若干规定》)以及公安部发布的一些部门规章等。总体上讲,这些规定比较原则,在适用中还需要不断地加以完善

Huawei and US National Security: Thoughts

It is rare for me to comment about national security, and much less about the national security of a foreign country, in this case, the US. The US has not only banned Huawei from selling equipment in the US, but has also put Huawei and related companies on a list of national security bans, where US companies cannot sell of their technology to these banned companies. Foreign companies using US technology must also comply. I’ll try to talk about Huawei’s means, motive, opportunity.

Xi Jinping Thought: Implications for Chinese Trade and Relations

Astounded I am. I would have never thought that I would be studying Xi Jinping Thought 习近平思想 but here we are. This document was released on 2017 Oct 18 at the 19th Communist Party Congress (CPC), and is the roadmap China will use going forward. I usually do not read much Chinese propaganda, but this one seems to be repeatedly referenced, forcing me to come back and review this in greater detail, from the Chinese source through to translation. The implication of the first point, “Ensuring Party leadership over all work”, has strong implications for international trade, espionage and foreign relations.

US Anti-Scalper Bot Bill may soon come to Canada?

Want you do, to go to a concert, but just after the supposed start time for ticket sales, all the tickets are gone. You, again, have lucked out. Minutes later these tickets are all available on reseller sites for double the price. It really does sound like a scam. While the US just enacted a federal law, here in Ontario we are just starting the investigation phase. I hope that we can adopt something as strong as the US in order to keep an even keel with bot technology and online shopping safe.

Why Chinese Profits Love Canada

Love Canada, I do. The people are generally very nice, though there are exceptions. In general we treat everyone equally. The air is generally very clean and the streets similarly. We have lots of green space and the kids love playing in our parks. Crime is low and we generally do not have a violence or gun problem. Our political system is very stable. Our legal system is fair and impartial.

Understanding the Chinese Justice System, 2013

Driven by a sense of futility with the Chinese justice system and willing to kill himself and others, motorcycle taxi driver Ji Zhongxing went to the Beijing Airport from his home town of Heze, Shandong Province and tried to blow himself up with a home made bomb. Seemingly a rare occurrence of such cases in China, was this guy just a crackpot that blew his lid, or does this point to a deeper and troubling issue in Chinese society? Let us consider the Chinese perspective.

Toronto 2010 G20 Summit: Three Years Later

For me, Toronto’s loss of democracy at the G20 Summit in 2010 has not faded one bit. I have commented on this debacle of an event in 2010 and have kept current with the news and have updated my blog accordingly. So critical is this issue that I will remember it for the upcoming provincial and federal elections. I know Canadians have a very short term memory and that politicians would rather us all forget the past and vote for them in the future, but the complete breakdown of democracy and the brutal beatings by the hands of our once trusted police cannot go unpunished. Justice must be served.

Canada Deports Lai Changxing Back to China: Ruling

Federal Court of Canada Logo

Federal Court of Canada Logo

It has been a long time coming, but Chinese fugitive Lai Changxing has finally been deported from Canada. His case took 12 years and went right to the Supreme Court of Canada, the highest court of the land. The twists and turns in this case are numerous. The conclusion of this case is also interesting. The Canadian Consulate in Beijing posted the court results in English on Sina Weibo, a Twitter equivalent in China, but was deleted two days later, presumably not by the original posters. A link was posted to direct readers to the court ruling, and this was also deleted. Here is the court ruling, in full. This court ruling was somewhat difficult to find for me, being inconveniently not indexed by Google. Still I was able to find this Federal Court decision online and in full. The contrast between the Chinese and Canadian legal systems has never been more striking.

Toronto Star Reporter Detained in China: Comment

Foreign reporters in China have it tough. While they try to stay out of trouble, their very profession puts them in harm’s way. It could be worse: They could be local reporters. The Toronto Star’s Asia Bureau reporter Bill Schiller was detained and interrogated by undercover police in Beijing. He was eventually released. At least they did not beat the crap out of him. They could have, and there would be nothing he could do about it before, during or after. From a Canadian standpoint, being detained by Beijing police was quite illegal, by Chinese law, and should not have occurred. Such incidents with foreign reporters are quite common. The message to Mr. Schiller, from a Chinese government perspective is as follows: You are in China and you play by our rules. You were covering an event that you should not have. We can detain you, search through your things and confiscate whatever we wish. Being a reporter offers you absolutely no protection from the police. You were committing an illegal act and you signed a document admitting this. You admitted guilt, so now we have the legal right to not only detain you but to deport you from China for your crime. We own you.

Public Inquiry Needed for Toronto 2010 G20

Blatant as blatant can be at the Toronto G20 Summit in June 2010. Police abuse and brutality, much caught on video or photos. Police use of the crowd control technique called “kettling”, which is not approved nor part of the training of the Royal Canadian Mounted Police (RCMP). Abuse of the legal system to create a law that was not disclosed to the public and then abused by the police. Numerous cases of abuse of our rights to free speech, as documented by the Canadian Civil Liberties Association. Frivolous spending of over $1 billion Canadian taxpayer dollars. Yet at Canada’s federal and Ontario provincial governments, refusal to call a public inquiry. We Canadians deserve much better. These politicians should be removed from office immediately. What more is physical abuse, political manipulation and financial bungling is needed to prompt a public inquiry here in Canada?