On March 22, when the Yuexiu District Center for Disease Control in Guangzhou was transferring a foreign man to a hotel for centralized quarantine medical observation, the man took advantage of the staff's inattention to leave the centralized quarantine observation point without authorization, refusing to comply with the decisions and orders issued by the Guangzhou municipal government.
 

At the epidemic prevention and control press conference held this morning (April 7) by the Guangzhou Municipal Government Information Office, Cai Wei, a second-level inspector of the Guangzhou Intermediate Court, announced the penalty decision for the foreign man.
 

Cai Wei, second-level inspector of the Guangzhou Municipal Court:The Yuexiu District Public Security Bureau issued a warning penalty to him on March 30 and ordered him to leave the country within a time limit.
 

　　A lawyer from Guangdong Zhiming Law Firm stated,Leaving the country within a time limit is an administrative penalty, which is an additional penalty that can be applied alongside warnings, fines, or detention. It means setting a clear deadline for the punished person to leave the country before the specified deadline, without taking coercive measures against the violator. For foreigners ordered to leave within a time limit, the period to depart from China shall not exceed 15 days; if deported, it should be executed within 24 hours.

　1. What is leaving the country within a time limit and deportation

Leaving the country within a time limit refers to a foreigner or stateless person being ordered to leave the country within a set period. Usually, it requires a court judgment as a legal measure; sometimes it is declared by security authorities as an administrative measure; for diplomatic personnel, it is typically declared by the host country's foreign affairs department as a diplomatic act.

Deportation, also known as expulsion from the country. In China, it refers to a penalty or public security measure that forces a foreigner or stateless person who has committed a crime within China to leave the country. It is adjudicated and executed by the People's Court. The application of deportation has strict regulations.

　　2. Differences between Restricted Exit and Deportation

3. For Chinese citizens who commit crimes within the territory of the People's Republic of China, the penalty of deportation, whether imposed independently or as a supplementary punishment, shall not apply.

4. Thus, deportation applies only to foreign citizens and stateless persons who do not hold Chinese nationality but commit crimes within the territory of the People's Republic of China.

5. China's Criminal Law stipulates that anyone who commits a crime within the territory of the People's Republic of China shall be subject to this Law, unless otherwise specifically provided by law.

6. Foreigners and stateless persons who commit crimes within the territory of the People's Republic of China shall be convicted and sentenced according to the provisions of the Criminal Law, and based on the outcome of their crimes, may be subject to principal punishments or supplementary punishments, or both. In this regard, the Criminal Law specifically provides: "For foreigners who commit crimes, deportation may be imposed independently or as a supplementary punishment."

7. "Supplementary application" defines that deportation is not a principal punishment under China's Criminal Law but belongs to the category of supplementary punishments. For example, if a foreign citizen commits robbery within China's territory and is sentenced to ten years of fixed-term imprisonment along with deportation, after serving the sentence, the individual shall be escorted for deportation or handed over to the embassy or consulate of the foreign citizen's home country in the People's Republic of China for repatriation.

The application of deportation is subject to very strict regulations, which must consider not only the nature and severity of the crime but also the broader international situation and the diplomatic relations between the offender's country of nationality and China. If considered solely from a criminal punishment perspective, it may increase the difficulty of China's diplomatic work.

Deportation applies to foreign citizens and stateless individuals who do not hold Chinese nationality but commit crimes within the territory of the People's Republic of China. That is, for Chinese citizens, including those from Hong Kong, Macao, and Taiwan, who commit crimes within the territory of the People's Republic of China, the criminal law does not impose deportation as a standalone or supplementary punishment.

1. The scope of application is limited to foreigners and does not apply to Chinese citizens (including overseas Chinese). Here, foreigners include natural persons with foreign nationality and stateless natural persons. Since China does not recognize dual citizenship, Chinese citizens who have acquired foreign nationality no longer hold Chinese nationality and are also subject to the provisions of this article.

2. Restricted exit or deportation is a supplementary penalty that can be imposed alongside warnings, fines, or detention. Whether this supplementary penalty can be applied independently is not specified in this law. Article 35 of the Criminal Law clearly states that deportation can be applied independently or as a supplementary penalty. This article does not explicitly provide for independent application, only stating that it can be applied as a supplementary penalty. We believe this provision excludes independent application.

3. The difference between restricted exit and deportation. Restricted exit refers to setting a clear deadline for the punished individual to leave the country, requiring them to depart before the specified deadline without taking coercive measures against the offender. Deportation, on the other hand, allows for coercive measures such as forced removal of the individual.

　　Legal link:

　　Article 10, Paragraph 2 of the Public Security Administration Punishments Law stipulates: "For foreigners who violate public security administration, restricted exit or deportation may be imposed as a supplementary penalty."

Regulations of the People's Republic of China on Administration of Entry and Exit of Foreigners

Article 29: Public security organs may set up repatriation sites based on actual needs.

When conducting custodial interrogation of a foreigner in accordance with Article 60 of the Exit and Entry Administration Law, the foreigner under custodial interrogation shall be sent to a detention center or repatriation site within 24 hours.

If immediate execution of deportation or expulsion is not possible due to weather conditions, the health status of the individual, or other reasons, the foreigner shall be detained in a detention center or repatriation site based on relevant legal documents.

Article 33: If a foreigner is ordered to leave the country within a specified period, the issuing authority shall, after canceling or confiscating their original entry and exit documents, arrange for their stay procedures and set a deadline for departure. The maximum deadline for departure shall not exceed 15 days.

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