Information on the above subject could not be found among the sources available to the DIRB in Ottawa. Attached please find articles reporting on incidents of desertion from the Chinese army. However, the penalties faced by these deserters are not mentioned.

Also attached please find several documents containing information on the penalties for military service evasion, which may be of interest to you.

A 1991 Amnesty International report entitled Conscientious Objection to Military Service quotes article 61 of the 1985 Chinese law on military service:
Those who avoid or refuse registration ... conscription... [or] military training education shall undergo education, and if this is unsuccessful, be forced by the local People's Government to carry out their military service (Jan. 1991, 7).
According to the same source, the penalties applicable to draft evaders are imposed by local governments, since the national legislation does not provide penalties for military service evasion (Jan. 1991, 7).

Agence France Presse (AFP) reports that in September 1993 the National People's Congress (NPC) of Guangzhou (Guangdong) submitted to the provincial NPC a draft law cracking down on people who try to avoid military service (8 Sept. 1993). Under the new law, military service evaders would "face fines ranging from 300 to 1,000 yuan and undergo 're-education', which could mean being sent to labour camps" (ibid.).

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find attached the list of sources consulted in researching this information request.

References

Agence France Presse (AFP). 8 September 1993. "China's Guangdong Sees Laws Punishing Military Service Evaders." (NEXIS)

Amnesty International. January 1991. Conscientious Objection to Military Service. (AI Index: Pol 31/01/91). London: Amnesty International Publications.

Attachments

Agence France Presse (AFP). 8 September 1993. "China's Guangdong Sees Laws Punishing Military Service Evaders." (NEXIS)

Amnesty International. January 1991. Conscientious Objection to Military Service. (AI Index: Pol 31/01/91). London: Amnesty International Publications, pp. 7 , A and B.

Central News Agency. 1 March 1985. "Mainland Soldiers Deserting Incidents on the Rise." (NEXIS)

Japan Economic Newswire. 28 December 1989. "Asian News: Chinese Army Refused to Crush Beijing Demos, Paper Says." (NEXIS)

Los Angeles Times. 12 September 1988. Home Edition. "The World." (NEXIS)

Reuters. 20 October 1993. BC Cycle. "China Orders Military Draft Registration." (NEXIS)

Additional Sources Consulted

Asian Survey [Berkeley, Ca]. Monthly.

Australian Journal of Chinese Affairs [Canberra]. Quarterly.

Country Reports on Human Rights Practices. Yearly.

Critique: Review of the Department of State's Country Reports on Human Rights Practices. Yearly.

Current History [Philadelphia]. Monthly.

Human Rights Watch. Yearly. Human Rights Watch World Report.

Material from the Indexed Media Review (IMR) or country files.

News From Asia Watch [New York]. Monthly.

Pacific Affairs [Vancouver]. Quarterly.

Oral Sources.