Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Freedom of Exit for Chinese Citizens

The Exit and Entry Administration Law of China, which came into force on 1 July 2013, states the following:

[translation]

Article 11. Chinese citizens who exit or enter China shall submit their exit/entry documents such as passports or other travel documents to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may exit or enter upon examination and approval.

For ports that meet relevant conditions, exit/entry border inspection authorities shall provide convenience such as special lanes for the exit and entry of Chinese citizens.

Article 12. Under any of the following circumstances, Chinese citizens are not allowed to exit China:

1. Hold no valid exit/entry documents, or refuse or evade border inspection;
2. Are sentenced to criminal punishments, the execution of which have not been completed, or are suspects or defendants in criminal cases;
3. Are involved in unsettled civil cases and not allowed to exit China upon decision of the people's courts;
4. Are subject to criminal punishment for impairing border administration, or are repatriated by other countries or regions due to illegal exit from China, illegal residence or illegal employment, and the No-Exit-from-China period has not expired;
5. May endanger national security or interests, and are not allowed to exit China upon decision by competent departments under the State Council; or
6. Other circumstances in which exit from China is not allowed in accordance with laws or administrative regulations. (China 2013)

The Interpretation of the Supreme People's Court Concerning the Implementation of the Criminal Procedure Law, published in December 2012 and unofficially translated into English by the US-Asia Law Institute at the New York University School of Law, provides the following guidelines for the adjudication of criminal cases involving foreign jurisdictional issues:

[translation]

If a foreigner or a Chinese citizen must be prevented from leaving China at a border control station, the people's court accepting the case shall report up the hierarchy to the High People's Court, and a written notification of preventing person from departing through entry-exit port shall be issued by the Highest People's Court, and work with the public security organ of the corresponding level for handle control formalities. If the control port is not within the same province, autonomous region, or municipality directly under the central government, the public security organ in the relevant province, autonomous region, or municipality directly under the central government shall be contacted for the handle control formalities. Under emergency situations, if necessary, may first have the border control prevent departure and complete control formalities later. (China 20 Dec. 2012, Art. 404)

In its 2014 report on human rights in China, Freedom House writes that "[p]olitical and religious dissidents, human rights defenders, and certain scholars were [in 2013] ... prevented from traveling abroad or to Hong Kong, and some were placed under house arrest during politically sensitive times" (Freedom House 2014). Similarly, the US Department of State's Country Reports on Human Rights Conditions for 2013 states that

[t]he government exercised exit control for departing passengers at airports and other border crossings and utilized this exit control to deny foreign travel to dissidents and persons employed in sensitive government posts. Throughout the year lawyers, artists, authors, and other activists were at times prevented from freely exiting the country. Border officials and police cited threats to "national security" as the reason for refusing permission to leave the country. Authorities stopped most persons at the airport at the time of the attempted travel. (US 27 Feb. 2014, 40)

In correspondence with the Research Directorate, a representative of the Laogai Research Foundation, a Washington, DC, based organization that researches and raises awareness of forced labour prison camps, internet surveillance and censorship, and other human rights violations in China (n.d.), stated that "authorities appear more likely to impose travel restrictions on particularly vocal or high profile dissidents after the expiration of their [criminal or residential surveillance] sentences" (26 Feb. 2014). The representative identified "dissidents, human-rights lawyers, civil-society activists and Tibetan and Uighur separatists" as categories of people likely to be charged with "'endangering state security'" (Laogai Research Foundation 26 Feb. 2014). Similarly, Freedom House writes that "[a]s with censorship, [state] surveillance disproportionately targets individuals and groups perceived as antigovernment" (2013, 41). In a 2011 statement before the US Committee on Foreign Affairs of the House of Representatives, the Executive Director of Dui Hua Foundation, an organization based in San Francisco and Hong Kong that works to "bring clemency and better treatment to at-risk detainees through mutually respectful dialogue with China" (Dui Hua Foundation n.d.), stated that citizens convicted of endangering state security are designated "'important prisoners'" and are "subject to closer monitoring and reporting than 'ordinary prisoners'" (ibid. 3 Nov. 2011).

The Laogai Research Foundation representative noted that, in addition to monitoring and restricting the movements of political dissidents, the authorities also "often monitor and harass" their family members, including by denying them permission to travel abroad (26 Feb. 2014). The representative noted that his organization has "no evidence that the Chinese authorities routinely target the families of individuals charged with committing non-political crimes" (Laogai Research Foundation 26 Feb. 2014). He also stated that

[i]t should be noted that Chinese secrecy laws make it extraordinarily difficult to obtain accurate information on politically sensitive subjects, such as restrictions on the freedom of travel .... As such, it is often impossible to obtain official records regarding surveillance techniques and capabilities, criminal investigations in politically sensitive cases, the treatment of certain ethnic minority groups, and procedures involved in restricting the ability of an individual to travel. Moreover, despite recently announced intent to clarify the content of state secrets laws, such regulations remain vague and subject to the discretion of Communist Party officials. (ibid.)

2. Arrests of Chinese Citizens at Airports

Various sources report incidents involving Chinese citizens being detained at airports by the authorities or prevented from boarding an international flight, including the following:

• On 14 September 2013, several human rights activists travelling to Switzerland from Beijing International Airport were reportedly stopped by the authorities, interrogated, and threatened, before being denied permission to travel (Human Rights Watch 24 Sept. 2013). Sources indicate that one of the activists, Cao Shunli, who was to attend a training session on UN human rights mechanisms in Geneva, was "disappeared" from the airport (ibid.; Front Line Defenders 1 Oct. 2013; CHRD 24 Oct. 2013). Her whereabouts remained unknown until authorities at Chaoyang District Detention Center confirmed on 21 October 2013 that she was in criminal detention for the crime of "'unlawful assembly'" (ibid.).
• In July 2013, a Chinese student of Uyghur ethnicity who worked for the website Uyghur Online [described by Radio Free Asia (RFA) as a website that is hosted overseas and that "discusses Uyghur social issues" (21 Nov. 2013)], was apprehended at the Beijing International Airport where he was planning to fly to Turkey to resume his university studies (ibid.; PEN International 31 Jan. 2014). The student was reportedly held without charge for 79 days and his passport was confiscated upon his release (ibid.; RFA 21 Nov. 2013).
• The New York Times reports that, in February 2013, an academic and Uyghur rights advocate, Ilham Tohti, was interrogated without explanation for almost 12 hours at Beijing International Airport and prevented from leaving the country (22 Feb. 2013). According to the Laogai Research Foundation, passport confiscation is an "increasingly common measure taken against members of the Tibetan and Uighur minority groups" (23 Feb. 2013).
• The New York Times also reports that, in February 2013, activist Wang Zhongxia was prevented from boarding a flight from Guangzhou to Myanmar, where he was to meet with the leader of the Burmese opposition (22 Feb. 2013).

According to the representative of the Laogai Research Foundation, in 2011, a dissident and former Laogai Research Foundation employee, Liao Yiwu, was "allowed to leave China, likely due to a clerical error" (23 Feb. 2014). The New York Times reports that Liao had been denied permission to exit the country 17 times, before unidentified friends helped him escape the country (12 July 2011).

3. Information Sharing by Public Security Officials

In 10 February 2014 correspondence with the Research Directorate, the Executive Director of the Dui Hua Foundation affirmed that airport security officials have access to the Public Security Bureau of China's online database of citizens who have been convicted of crimes or are wanted by the authorities [also known as Policenet or the Golden Shield]. Similarly, the representative of the Laogai Research Foundation stated that reports on "experiences of activists who have been detained while trying to board an international flight provide clear evidence that airport officials are connected to Policenet" (26 Feb. 2014). A colleague of Cao Shunli, who was also prevented from travelling to Geneva for the human rights training in September 2013, later publicized her own experience at the airport in Guangdong (HRIC 11 Oct. 2013). According to the Laogai Research Foundation, the colleague indicates that when her passport was swiped by airport authorities,

scanning equipment immediately made noises alerting airport officials that she was wanted by police. She was subsequently detained in the Guangdong Baiyun Airport and told that Shanghai police would not let her leave. She was then transported from Guangdong to Shanghai for detention and questioning. This woman's experience provides concrete evidence of airport officials coordinating with police departments in tracking and detaining a political dissident. (26 Feb. 2014)

For additional information on Policenet, the Golden Shield Project, and the sharing of security information by government authorities, please consult Response to Information Request CHN104762.

4. Security and Exit Control Procedures

The representative of the Laogai Research Foundation wrote that the

Chinese government checks the passports of citizens attempting to leave the country in order to ensure that they are suitable for foreign travel. Customs officials stamp the passports of citizens approved for foreign travel. Public security officials often confiscate passports held by individuals deemed unsuitable for foreign travel. (23 Feb. 2014)

For additional information on the confiscation of citizens' passports by the authorities, please consult Response to Information Request CHN104783.

CNN reports that, in August 2011, the Civil Aviation Administration of China (CAAC) raised the security level at airports in Shanghai and Beijing to level two (CNN 29 Aug. 2011). Sources indicate that the CAAC did not publicly announce the security upgrade and gave no reason for the decision, which required passengers to remove their shoes and belts during security checks (ibid.; Shanghai Daily 29 Aug. 2011).

According to the Xinhua News Agency, the regional airport operator in Xinjiang Uyghur Autonomous Region, the Xinjiang Airport Group Co. Ltd., tightened security checks at all 16 of Xinjiang's airports in July 2012 (Xinhua News Agency 5 July 2012). The change took place after six passengers on a flight from Hotan Airport reportedly attempted to hijack the plane using parts of a disassembled metal crutch as weapons (ibid.; The New York Times 5 July 2012). Xinhua indicates that the new security measures required passengers with disabilities to present a hospital-issued certificate in order to bring crutches or other mobility aids onto the plane (Xinhua News Agency 5 July 2012). Passengers would also reportedly have had most carry-on baggage and all bottles opened for inspection (ibid. 5 July 2012).

Sources report that security measures at some airports were increased in July 2013 after a man set off a homemade bomb at Beijing Capital International Airport (SCMP 24 July 2013; China Daily 23 July 2013). The Hong Kong newspaper South China Morning Post states that the "intensity of the checks varies, but air travellers generally had their shoes and belts inspected and were also screened by multiple explosives detectors" (24 July 2013). Beijing police also reportedly deployed SWAT officers and police dogs in the airport as anti-explosive measures (China Daily 23 July 2013). China Daily reported enhanced security controls at Shanghai's Pudong and Hongqiao International Airports, Sanya Phoenix International Airport in Hainan Province, and in Shenzhen (ibid.). Citing various Chinese media sources, South China Morning Post reports on new bomb detectors at Shenzhen Baoan International Airport, SWAT teams deployed at Guiyang Longdongbao International Airport in Guizhou, and an explosives detection machine introduced at Nanchang Changbei International Airport (24 July 2013).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Cable News Network (CNN). 29 August 2011. "'Shoes Off, Please': China Tightens Airport Security." [Accessed 22 Jan. 2014]

China. 2013. Exit and Entry Administration Law of the People's Republic of China. Translation from the website of the Bureau of Exit and Entry Administration of the Ministry of Public Security of the People's Republic of China. [Accessed 7 Feb. 2014]

_____. 20 December 2012. Supreme People's Court. Interpretation of the Supreme People's Court Concerning the Implementation of the Criminal Procedure Law of People's Republic of China. Translated into English by the US-Asia Law Institute at the New York University (NYU) School of Law in collaboration with the Danish Institute for Human Rights. [Accessed 18 Feb. 2014]

China Daily. 23 July 2013. An Baijie and Shi Yingying. "Airports Step Up Security Checks." [Accessed 22 Jan. 2014]

Chinese Human Rights Defenders (CHRD). October 24, 2013. "Cao Shunli's Detention Confirmed, Crackdown Expands as China Touts 'Achievements' at UN Review (10-17-23, 2013)." [Accessed 24 Feb. 2014]

Dui Hua Foundation. 10 February 2014. Correspondence from the Executive Director.

_____. 3 November 2011. "Separate and Unequal: State Security Detainees in China." Testimony by Executive Director, John Kamm, to the Committee on Foreign Affairs of the United Sates House of Representatives. [Accessed 28 Feb. 2014]

_____. N.d. "Who We Are." [Accessed 18 Feb. 2014]

Freedom House. 2014. "China." Freedom in the World 2014. [Accessed 13 Feb. 2014]

Front Line Defenders. 1 October 2013. "China: Reported Detention of Human Rights Defender, Ms. Cao Shunli." [Accessed 25 Feb. 2014]

Human Rights in China (HRIC). 11 October 2013. "Chujìng shòuzu jì (fù bàojing huízhí cúngen, deng ji pái jí xíngzhèng chufá juédìng shu deng." [Accessed 28 Feb. 2014]

Human Rights Watch. 24 September 2013. "China: Activist 'Disappeared' Ahead of UN Rights Review." [Accessed 3 Feb. 2014]

Laogai Research Foundation. 26 February 2014. Correspondence to the Research Directorate from a representative.

_____. 23 February 2014. Correspondence to the Research Directorate from a representative.

_____. N.d. "About Us." [Accessed 24 Feb. 2014]

The New York Times. 22 February 2013. Andrew Jacobs. "No Exit: China Uses Passports as Political Cudgel." [Accessed 10 Feb. 2014]

_____. 5 July 2012. Edward Wong. "After Reports of Hijacking Attempt, China Tightens Airport Security." [Accessed 22 Jan. 2014]

_____. 12 July 2011. Andrew Jacobs. "Dissident Chinese Writer Flees to Germany." [Accessed 28 Feb. 2014]

PEN International. 31 January 2014. "CHINA: Uyghur PEN Member, Writer and Academic Ilham Tohti Detained; Fears for Safety." [Accessed 18 Feb. 2014]

Radio Free Asia (RFA). 21 November 2013. "Uyghur Student Slapped with Travel Ban After Nearly Three-Month Detention." [Accessed 18 Feb. 2014]

Shanghai Daily. 29 August 2011. Zha Minjie. "Airport Security Tighter." [Accessed 24 Feb. 2014]

South China Morning Post (SCMP). 24 July 2013. Stephen Chen. "Security Tighter at China's Airports After Bomb Set Off." [Accessed 22 Jan. 2014]

United States (US). 27 February 2014. Department of State. "China (Includes Tibet, Hong Kong, and Macao)." Country Reports on Human Rights Practices for 2013. [Accessed 28 Feb. 2014]

Xinhua News Agency. 5 July 2012. "Xinjiang Boosts Airport Checks After Foiled Hijacking." [Accessed 22 Jan. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact a professor specializing in Chinese policing at Xavier University, a professor specializing in Chinese state surveillance the University of Pennsylvania, and representatives of the following organizations were unsuccessful: Embassy of Canada in Beijing, Embassy of China in Ottawa, Beijing Capital International Airport. The NGO Human Rights in China and a professor specializing in Chinese state surveillance at Hong Kong University were unable to provide information for this Response.

Internet sites, including: Amnesty International; Asia Catalyst; Beijing Capital International Airport; British Broadcasting Corporation; Center for Strategic and International Studies; China – Beijing General Station of Exit and Entry Frontier Inspection, Embassy of China in the United States, Guangdong Airport Authority, Ministry of Public Security, Shanghai Airport Authority; China Civil Aviation Report; China Perspectives; ecoi.net; Epoch Times; Factiva; Hong Kong Human Rights Monitor; Open Net Initiative; Norway – Country of Origin Information Centre; People's Daily; Reporters sans frontières; United States – Congressional-Executive Commission on China, Congressional Research Service, Library of Congress; US-Asia Law Institute; Want China Times.