NEW RULES, SAME WELCOME?
For the vast majority of travellers, the experience at the border may feel much the same.
One notable difference for foreigners entering China is a specified penalty for providing false information.
Under the new regulations, they can be barred from entering the country for one to five years. Existing laws already allowed offenders to be refused entry, but did not set a ban period.
The new regulations also require the stated purpose of any entry or exit to be “true and lawful”, and explicitly allow immigration and visa authorities to question travellers and request supporting materials and electronic data.
Much of what the regulations spell out is already happening in practice, said Wang Xin, a lawyer specialising in nationality and immigration law at Guangdong Tiansuo Law Firm in Shenzhen.
CNA put to him the case of a visitor entering China visa-free for a three-day business conference who stays five more days to travel. Would declaring tourism as the purpose of the trip amount to providing false information?
“That doesn’t count as a false statement,” Wang said. “You’re just saying you’re coming for tourism, but you happen to attend a conference in between – no problem.”
“As long as you’re not working here. Once you’re working long-term and receiving income, that’s different.”
Nor would an honest mistake on a form necessarily fall foul of the rules, Wang said, distinguishing between error and intent.
“If it’s not subjective intent, then it’s not a crime.”
