Update to CHN7477 of 21 December 1990 on the need to cancel household registration (hukou) when going abroad and penalties for failing to do so [CHN36607.E]

The following information on cancellation of household registration for persons travelling abroad is provided in section 7 of the 1993 Department of Foreign Affairs (DFAT) Report of the Second Australian Human Rights Delegation to China, which took place between 8 and 20 November 1992:

Since the original purpose of household registration was to monitor and control the whereabouts of residents, the cancellation of household registration was not envisaged by the 1958 regulations. As the household registration became interlinked with social welfare and other social aspects, cancellation of household registration developed through practice, administrative regulations and policy directives. The following are the principal reasons for cancellation of household registration:
(i) Persons travelling overseas. Residents who travel overseas for settlement will have their household registration cancelled by the local police station before an exit permit will be issued. Household registration must be restored upon return from overseas.

Information on the restoration or denial of restoration of the household registration is provided in section 8 of the Report:

Generally, citizens returning to the PRC appear to have no great difficulties in having their household registrations restored. However, if they departed China illegally, the situation is different. First, these people often have no valid identity cards or passport and delay or even denial of household registration occurs from time to time. Most recently, a Chinese national was returned to China after his application for refugee status was rejected in Australia. Several months after the repatriation, he wrote to Chinese student organisations in Australia claiming that he had been unable to have his household registration restored. He was therefore unable to obtain an identity card or to obtain employment.

No additional and/or corroborating information on cancellation of household registration could be found among the sources consulted by the Research Directorate.

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 to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References


Department of Foreign Affairs (DFAT), Canberra, Australia. 1993. "Report of the Second Australian Human Rights Delegation to China, 8-20 November 1992."

Additional Sources Consulted


IRB Databases

LEXIS/NEXIS

Regulations on Household Registration in the People's Republic of China. 1958 (Translated by Michael Dutton, Fall 1988)

World News Connection (WNC)

One oral source contacted

Internet Sites, including:

Amnesty International

Chinalaw Web

China Law Net (CLNet)

Human Rights in China

Human Rights Watch

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