An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveillance or deportation by a public security organ at or above the county level.

Article 28

While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.

Chapter VII Penalties

Article 29

If a person, in violation of the provisions of this Law, enters or leaves China illegally, establishes illegal residence or makes an illegal stopover in China, travels to places closed to aliens without a valid travel document, forges or alters an entry or exit certificate, uses another person's certificate as his own or transfers his certificate, he may be penalized by a public security organ at or above the county level with a warning, a fine or detention for not more than ten days. If the circumstances of the case are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.If an alien subject to a fine or detention by a public security organ refuses to accept the penalty, he may, within 15 days of receiving notification, appeal to the public security organ at the next higher level, which shall make the final decision; he may also directly file suit in the local people's court.

Article 30

In cases where a person commits any of the acts stated in Article 29 of this Law, if the circumstances are serious, the Ministry of Public Security may impose a penalty by ordering him to leave the country within a certain time or may expel him from the country.

Chapter VIII Supplementary Provisions

Article 31

For the purposes of this Law the term "alien" means any person not holding Chinese nationality according to the Nationality Law of the People's Republic of China.

Article 32

Transistory entry into and exit from China by aliens who are nationals of a country adjacent to China and who reside in areas bordering on China shall be handled according to any relevant agreements between the two countries or, in the absence of such agreements, according to the relevant provisions of the Chinese Government.

Article 33

The Ministry of Public Security and the Ministry of Foreign Affairs shall, pursuant to this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.

Article 34

Affairs concerning members of foreign diplomatic missions and consular offices in the People's Republic of China and other aliens who enjoy diplomatic privileges and immunities, after their entry into China, shall be administered in accordance with the relevant provisions of the State Council and its competent departments.

Article 35

This Law shall go into effect on February 1, 1986.

(End)