|
Legal Matters
While in China, a U.S. citizen is subject to Chinese laws and
regulations. Laws in China sometimes differ significantly from
those in the United States and do not afford the protections available
to the individual under U.S. law. Exercise caution and carefully
obey local laws. Penalties for breaking the law can be more severe
than in the United States for similar offenses. Persons violating
the law, even unknowingly, may be expelled, arrested or imprisoned.
Chinese laws prohibit public demonstrations without a valid permit
obtained from the Chinese Public Security Bureau in the city where
the demonstration is planned.
Chinese authorities have seized documents, literature, and letters
which they deem to be pornographic or political in nature or those
which are intended for religious proselytizing. If you seek to
enter China with religious materials in a quantity greater than
what is considered needed for personal use, you could be detained
and fined. Religious proselytizing or passing out of religious
materials is strictly forbidden. Americans suspected of engaging
in such activities have been fined, arrested or deported. Magazines
with photographs considered commonplace in Western countries,
including some advertisements, may be regarded as sexually explicit
pornography. Books, films, records, tapes, etc., which are "detrimental
to China's politics, economy, culture, and ethics" will be seized
by Chinese Customs to determine that they do not violate these
prohibitions.
American citizens should be aware that foreign visitors and
residents in China have sometimes been detained and heavily fined
for having improper sexual relations with Chinese citizens. In
most of these cases, the foreigners involved had invited Chinese
citizens to their hotel rooms. Any U.S. citizen who is detained
by Chinese authorities for questioning regarding this or any other
violation of Chinese law or regulations should notify the U.S.
Embassy or nearest U.S. consulate as soon as possible.
Under the U.S. -P.R.C. Consular Convention of 1980, U.S. consular
officers shall be notified if a U.S. citizen is arrested or detained
no later than four days after the arrest or detention. Under the
Convention, U.S. consular officers must be informed upon request
of the reasons for the arrest or detention and have a right to
visit the citizen after a formal request is made by the consular
officer. U.S. consular officers cannot serve as attorneys or give
legal advice. They can, however, provide a list of local English
speaking attorneys you may retain and help you find legal representation.
U.S. citizens are encouraged to carry photocopies of their passport
data and photo pages with them at all times so that, if questioned
by P.R.C. officials, proof of U.S. citizenship is readily available.
(Do not carry your original passport with you. Your passport and
other valuables should be placed in a hotel safety deposit box.)
U.S. citizens have rights to consular access under the U.S. -
P.R.C. Consular Convention and should insist upon contact with
the U.S. Embassy or one of the U.S. consulates general. If you
are denied this right, continue to protest.
Criminal penalties for possession, use, or trafficking of illegal
drugs in China are strict. Convicted offenders may receive severe
jail sentences and fines.
Dual Nationality
China does not recognize dual nationality. U.S. citizens who
are also Chinese nationals have experienced difficulty entering
and departing China on U.S. passports, and some U.S. passports
have been seized by Chinese authorities. Dual nationals may be
subject to Chinese laws which impose special obligations. Such
persons are often required to use Chinese documentation to enter
China.
The United States requires that all U.S. citizens enter and depart
the United States on U.S. passports. Dual nationals who enter
and depart China using a U.S. passport and a valid P.R.C. visa
retain the right of U.S. consular access and protection under
the U.S.-P.R.C. Consular Convention. The ability of the U.S. Embassy
or consulates general to provide normal consular services would
be extremely limited should a dual national enter China on a Chinese
or other passport. China does not recognize the U.S. citizenship
of children born in China, when one of the parents is a P.R.C.
national. Such children are required to depart China on P.R.C.
travel documents.
Children born in the United States to P.R.C. national parents,
who are neither lawful permanent residents nor U.S. citizens,
are not recognized as U.S. citizens under Chinese nationality
law. Although Chinese consulates have frequently issued visas
to such individuals in error, they are treated solely as P.R.C.
nationals by Chinese authorities when in China. Before traveling
to China, dual nationals should contact the Office of Overseas
Citizens Services at (202) 647-6769 or the U.S. Embassy in Beijing
(see address at end of this booklet) for additional information.
Passport Confiscation and Business Disputes
U.S. citizens conducting business in China are advised to be
vigilant in investigating the companies they plan to work with
to ensure they are reputable or to learn whether a prior history
of disputes exists.
The confiscation of foreign passports of persons involved in
business disputes has increased in China in recent years frequently
resulting in individuals being placed under house arrest or unable
to leave China until the dispute is satisfactorily resolved. As
a valid Chinese visa is required in order to depart China, obtaining
a replacement for a confiscated U.S. passport will not facilitate
exiting the P.R.C. and the Chinese government will block your
departure.
Adoptions
After completing lengthy pre-adoption procedures in the United
States, Americans wishing to adopt a child in China can expect
to spend at least two weeks there to complete the adoption. Current
adoption information can be obtained by calling the U.S. Department
of State's Office of Children's Issues at (202) 736-7000, or writing
to that office in Room 4800, U.S. Department of State, Washington,
D.C. 20520. Once in China, and after the adoption has been completed
the U.S. Consulate General in Guangzhou will process the immigrant
visa to enable you to bring your newly adopted child back to the
United States. Consult the Consulate for further details to arrange
an interview appointment.
Health
Information on health precautions for travelers can be obtained
in the United States from local health departments, private doctors,
travel clinics, and the Centers for Disease Control & Prevention's
international travelers hotline at (404) 332-4559. For China,
immunizations are recommended for hepatitis B and Japanese B encephalitis.
(Immunization for Japanese B encephalitis is only recommended
during the epidemic summer months for visitors planning to stay
longer than two or three weeks in rural areas.) An immune globulin
shot may offer protection against hepatitis A. Malaria occurs
in China, particularly in rural areas and in southern China. Depending
on the season and your destination, you may need to take antimalarial
drugs, use insect repellant, and take other measures to reduce
contact with mosquitoes.
There are no Western-style pharmacies stocked with drugs common
in the United States. Therefore, carry medications in hand luggage
packed in their original and labelled containers to avoid emergencies
should checked luggage go astray.
Foreign visitors who become ill in China are usually provided
with the best medical care available in the country. Generally
speaking, the doctors and nurses are qualified and competent,
although hospital accommodations are spartan, medical technology
is not up-to-date, and sanitary conditions problematic.
Hospital costs for non-Chinese visitors are similar to those
charged for similar services in the United States. Prospective
travelers should review their health insurance policies. If your
policy does not provide coverage overseas, consider buying coverage
that does. In addition, insurance covering medical evacuation
is highly recommended. There are two internationally-recognized
emergency medical assistance firms with representatives in Beijing:
Asia Emergency Assistance Ltd. (AEA)
14 Liangmahe South Road, 1/F
Beijing 100600
Tel: 462-9112
Fax: 462-9100
International SOS Assistance (SOS)
Kunlun Hotel, Office Suite 433
2 Xin Yuan Nan Lu, Beijing
Tel: 500-3419
Fax: 501-6048.
Such insurance is inexpensive (less than $100 for a 30 day visit).
Without insurance, the cost of evacuation can be extremely high.
For example, the estimated cost of evacuation, using a stretcher
and a medical escort, from Beijing to San Francisco is over $20,000.
Tourist travel in China can be extremely strenuous and may be
especially debilitating to someone in poor health. Tours often
involve walking long distances and up steep hills. All visitors,
especially those with a history of coronary/pulmonary problems,
should have a complete medical checkup before making final travel
plans. Plans should include rest time. Travelers should avoid
overly full schedules which could lead to exhaustion or illness.
China discourages travel by persons who are ill, pregnant, or
of advanced age. Visa applicants over 60 are sometimes required
to complete a health questionnaire. If medical problems exist,
a letter from your physician in the United States explaining treatment
and, if relevant, copies of your most recent electrocardiograms,
would be helpful in case a medical emergency occurs in China.
Air pollution in the large cities is severe, particularly in
winter. Respiratory ailments are common.
Visitors are advised not to drink tapwater in China. Hotels
almost always supply boiled water that is safe to drink. Bottled
water and carbonated drinks are readily available. Travelers should
carry water purification tablets to use when neither boiled water
nor bottled drinks are available.
|
