In what situations can my passport be legally confiscated in China?




In China – especially on the mainland – your passport is your identity. You’ll need it to set up or change bank accounts; you’ll need it to renew your residency permit; you might even need it to get into museums. Without a passport, your freedom is heavily restricted.

It is therefore a very good idea to be aware that the following situations can result in your passport being confiscated:

  1. If your passport is fake;
  2. If your visa to China is forged;
  3. If you enter the country illegally;
  4. If you are suspected of being a terrorist or deemed to comprise major threat to the country, or plan to undermine national security, or cause major damage to the country’s interests;
  5. If you are a defendant in a criminal case, or a suspected criminal;
  6. If you are involved in an unsolved civil case;
  7. If you use someone else’s people’s passport as your own;
  8. If, for some other reason, you are ordered not to leave the country;
  9. If you try to sell your passport or buy another person’s passport;
  10. If you are serving terms in jail in China.

 

Who can take your passport?

In China only the courts, the Supreme People’s Procuratorate, public security organs such as the police, national security organs and administrative supervisory authorities (the authorities that oversee the police, courts and government) have the power to confiscate passports. No other people, companies or organizations are not allowed to seize your passport. If your boss or your company has seized or attempted to seize your passport, see this page.

 

What should you do if your passport is taken by the authorities?

It is rare for the authorities to take away someone’s passport. As you can see in the information above, it is only confiscated if someone has broken the law or is suspected of breaking the law, and if they are being subjected to punishments such as fines, detention or even jail time.

In such a situation your passport – provided it is real – will be returned once your punishment has been concluded. If your passport is fake, it will be destroyed and you will be deported.

 

What happens if you refuse to give up your passport?

In the situations listed above, it is legal to confiscate your passport, and you should comply with the authorities’ demands to hand over your passport. If you refuse, the authorities have the power seize it by force, and give a heavier punishment.

 

Useful Chinese words and phrases 

没收 mòshōu Confiscate
伪造 wěi zào Forge/forfeit
涂改 tú gǎi Tamper
偷渡 tōu dù Enter illegally
人民法院 rénmín fǎyuàn People’s courts
人民检察院 rénmín jiǎncháyuàn Supreme People’s Procuratorate
公安机关 gōngān jīguān Public security organs
国家安全机关 guójiā ānquán jīguān National security organs
 

source:onestop


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