Specific information on the law governing traffic accident deaths could not be found among the sources currently available to the DIRB in Ottawa. Inquiries have been made to the Embassy of the People's Republic of China in Ottawa and any information received will be immediately forwarded to you.

Under article 133 of the 1980 Criminal Law of the People's Republic of China,

Whoever negligently kills another is to be sentenced to not more than five years of

fixed-term imprisonment; when the circumstances are especially odious, the sentence to be not less than five years of fixed term of imprisonment. Where this law has other stipulations, matters are handled in accordance with such stipulations. (The Criminal Law and the Criminal Procedure Law of the People's Republic of China 1984)

According to a Chinese student knowledgeable about China who is currently residing in Ottawa, a negligent car driver found responsible for causing a death would have to pay only compensation to the victim's family (17 August 1994). If the circumstances surrounding the accident indicate a high degree of negligence, he or she would also have his or her driver's licence suspended (ibid.). The driver responsible for the traffic accident death would face imprisonment only if he or she was found to be driving while impaired or without a driver's licence (ibid.).

The student stated that the amount of compensation is left to the discretion of the driver and the victim's family (ibid.). If the parties fail to reach a decision through their negotiations, a policeman will be called in to arbitrate the matter (ibid.). A negligent driver who caused a motor vehicle death would be asked to pay 10,000 yuan in 1990, an amount equivalent to two years of salary for a working person (ibid.). Further or corroborative information could not be found.

For general information on the traffic safety in China, please refer to the attached documents. As well, the 11 October 1991 Renmin Ribao report on the promulgation of the 1991 Rules for Handling Road Traffic Accidents may be of interest().

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.

Chinese student with special knowledge on China, Ottawa. 17 August 1994. Telephone interview.

The Criminal Law and the Criminal Procedure Law of the People's Republic of China. 1984. Beijing: Foreign Languages Press.

Agence France Presse (AFP). 18 January 1994. "China Has Few Cars but High Road Fatalities." (NEXIS)

China Focus [Princeton, NJ]. 1 May 1994. Vol. 2, No. 5. "Newsbriefs: The Car Craze," p. 6.

. 1 May 1994. Vol. 2, No. 5. "Newsbriefs: An Expensive Trip," p. 7.

. 1 February 1994. Vol. 2, No. 2. Han Dagong. "In China, Cars Could Be Bombshells," pp. 1-2.

The Criminal Law and the Criminal Procedure Law of the People's Republic of China. 1984. Beijing: Foreign Languages Press.

Guangdong People's Radio Network [Guangzhou, in Mandarin]. 27 June 1992. "Military Units to Help Improve Traffic Order." (FBIS-CHI-92-132 9 July 1992, p. 30)

Hunan People's Radio Network [Changsha, in Mandarin]. 15 September 1991. "National Traffic Law Conference Held in Changsha." (FBIS-CHI-91-185 24 Sept. 1991, p. 40)

Renmin Ribao [Beijing, in Chinese]. 11 October 1991. "Li Peng Signs Order on Traffic Accidents Rules." (FBIS-CHI-91-208 28 Oct. 1991, p. 41)

The United Press International (UPI). 13 April 1994. BC Cycle. "Chinese on Way to Road Death Record." (NEXIS)

Zhongguo Xinwen She [Beijing, in English]. 3 July 1992. "Security Ministry to Remove Highway Checkpoints." (FBIS-CHI-92-132 9 July 1992, p. 23)

The Xinhua General Overseas News Service. 26 February 1993. "Beijing Starts Traffic Campaign in Olympics Bid." (FBIS-CHN-93-037 26 Feb. 1993, pp. 62-63)

. 20 July 1990. "Beijing Crack Down on Traffic Violations." (FBIS-CHI-90-141 23 July 1990, pp. 54-55)

. 15 March 1990. "Public Asks Wan Li to Redress Wrongs." (FBIS-CHI-90-053 19 Mar. 1990, p. 32)