China | travel-law

Traveling to China

Article 40 of Beijing’s traffic laws stipulates that drivers of power-driven vehicles are forbidden to stop at pedestrian crossings, and risk a fine of five RMB or a warning if they do.

In the Chinese city of Chongqing, phone addicts get their own sidewalk lane. The sidewalk was most likely painted on for everyone’s safety, because, hey, if there’s distracted driving, there’s also distracted walking.
A man in Zhengzhou was forbidden from naming his newborn son “@” because of the rule stating that all given names must be translatable into Mandarin.
Up until the founding of the People’s Republic, it was customary for little girls to have their feet bound in order to secure a husband. Years of pain and deformity followed, so this law is definitely a good one.
You may only have one child, or you will have to pay a fine. China is the most populated nation in the world, and the government there has taken measures to stem any sort of growth in the population and, hopefully, decrease it. Despite many westerners' beliefs, China does not kill second borns. Rather, a large tax is placed on any family which chooses to have more than one offspring

China is the world's most populous country, with a population of over 1.35 billion. Its also one of the earliest places in which mad-kind existed. Not only do they have the highest population, but they are also the largest nationality in the world. There government has been through terrible times, but now they are well on their way to becoming one of the main economic forces in the world. It is also one of the most beautiful and interesting, cultural places on Earth. If you have a great travel agency, then this can be a trip to remember.

Wacky Laws

How does this Compare to Canadian Laws?

The wacky laws above, are all non-existent in Canada. Our traffic laws are all very strict, and almost always give pedestrians the right of way. This is probably because the population of Canada and China are very different, so watch out for cars fellow Canadians. Population and geography is also a reason why the cellphone lane exists in China and not Canada. The high population forces many people to walk in Canada, and the fact that most cities have more walkers and better technology also play a factor. Canada gives you the freedom of naming your children whatever, because it is diverse, and the immigrant country, while China is very cultural and traditional, explaining the need to be able to translate. China originated with a belief that all a woman has is her honor and should do everything they can from birth to protect that honor and find a good husband and have many kids. This obsession lead to many fathers and families to tying their daughters legs together to secure their virtue for their husbands. China is overpopulated and this is having a bad effect on the economy and the country. To try and control the population, China created the “one child” law to limit the repopulation. If you have a second child you have to pay a very large fee which usually results in the family giving the child up for adoption.

China’s judicial system is set up according to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect in 1980, the Chinese courts are divided into a four-level court system:

At the highest level is the Supreme People's Court (SPC) in Beijing, the premier appellate forum of the land, which supervises the administration of justice by all subordinate "local" and "special" people's courts. It is the court of last resort for the whole People's Republic of China except for Macao and Hong Kong.
Local people's courts—the courts of the first instance—handle criminal and civil cases. At the level of autonomous counties, towns, and municipal districts.
Courts of Special Jurisdiction (special courts) comprises the Military Court of China (military), Railway Transport Court of China (railroad transportation) and Maritime Court of China (water transportation), and forestry.

Local Customs You Should Know

The concept of 'face' roughly translates as 'honour', 'good reputation' or 'respect'.

Confucianism is a system of behaviours and ethics that stress the obligations of people towards one another based upon their relationship. The basic tenets are based upon five different relationships:

Ruler and subject
Husband and wife
Parents and children
Brothers and sisters
Friend and friend

Chinese non-verbal communication speaks volumes.

Since the Chinese strive for harmony and are group dependent, they rely on facial expression, tone of voice and posture to tell them what someone feels.

Greetings are formal and the oldest person is always greeted first.
Handshakes are the most common form of greeting with foreigners.
Many Chinese will look towards the ground when greeting someone.
Address the person by an honorific title and their surname. If they want to move to a first-name basis, they will advise you which name to use.
The Chinese have a terrific sense of humour. They can laugh at themselves most readily if they have a comfortable relationship with the other person. Be ready to laugh at yourself given the proper circumstances.

In general, gifts are given at Chinese New Year, weddings, births and more recently birthdays.

The Chinese like food and a nice food basket will make a great gift.
Do not give scissors, knives or other cutting utensils as they indicate the severing of the relationship.
Do not give clocks, handkerchiefs or straw sandals as they are associated with funerals and death.
Do not give flowers, as many Chinese associate these with funerals.
Do not wrap gifts in white, blue or black paper.
Four is an unlucky number so do not give four of anything. Eight is the luckiest number, so giving eight of something brings luck to the recipient.
Always present gifts with two hands.
Gifts are not opened when received.
Gifts may be refused three times before they are accepted.

Eating etiquette

The Chinese prefer to entertain in public places rather than in their homes, especially when entertaining foreigners.
If you are invited to their house, consider it a great honour. If you must turn down such an honour, it is considered polite to explain the conflict in your schedule so that your actions are not taken as a slight.
Arrive on time.
Remove your shoes before entering the house.
Bring a small gift to the hostess.
Eat well to demonstrate that you are enjoying the food!

Table manners:

Learn to use chopsticks.
Wait to be told where to sit.
The host begins eating first.
You should try everything that is offered to you.
Never eat the last piece from the serving tray.
Be observant to other peoples' needs.
Chopsticks should be returned to the chopstick rest after every few bites and when you drink or stop to speak.
Hold the rice bowl close to your mouth while eating.
Do not be offended if a Chinese person makes slurping or belching sounds; it merely indicates that they are enjoying their food.

Attitude Towards Women

The lives of women in China have significantly changed throughout reforms in the late Dynasty, the Chinese Civil War, and rise of the People's Republic of China, which publicly committed itself to gender equality. Efforts the new Communist government made toward gender equality are met with resistance in a historically male-dominated Chinese society, and obstacles continue to stand in the way of women seeking equality in China.Traditional marriage in China was a contract between families rather than between two individuals. The parents of the soon-to-be groom and bride arranged the marriage with an emphasis on the alliance between the two families. Spouse selection was based on family needs and the socioeconomic status of the potential mate, rather than love or attraction. Although the woman’s role varied slightly depending on the social status of the husband, typically her main duty was to provide a son in order to continue the family name. In 2004, the All-China Women’s Federation compiled survey results to show that thirty percent of the women in China experienced domestic violence within their homes. Domestic violence was criminalized with the 2005 amendment of the Law of Protection of Rights and Interests of Women. In traditional Chinese culture, women did not possess priority in healthcare. Males were viewed as superior, and as a result, health care was tailored to focus on them. Chinese health care has since undergone much reform and has tried to provide Chinese women equal health care as men. In current-day China, women enjoy legal rights to property almost identical to those of men. Female labor force participation in China increased dramatically after the founding of the People's Republic and almost reached the universal level. Women who married between 1966 and 1976, 92 percent had jobs. In traditional China, land was passed down from father to son and in the case of no son, the land was then given to a close male relative. Although in the past women in China were not granted ownership of land, today in rural areas of the People’s Republic of China, women possess pivotal roles in farming, which allows them control over the area’s central sources of production. Women in China have low participation rates as political leaders. Women’s disadvantage is most evident in their severe underrepresentation in the more powerful, political, positions. Footbinding, trafficking, and prostitution are the main crimes against women.

You're unlikely to get into trouble in China if you behave decently and use your common sense. Let your own sense of personal and moral responsibility be your guide. Provided you don't upset anyone, you're very unlikely to get into trouble. However, be on your best behavior at all times. If you do upset someone, it's almost certain you're breaking some law or another, even if it has nothing to do with the upset you've caused. That's one of the secrets of the Chinese law from the point of view of social control. If you become an object of irritation for the authorities, they'll almost certainly find something to charge you with. It's best, therefore, to stay out of trouble.

Chinese authorities are known to single out foreigners in bars around Beijing, harassing them for allegedly breaking the country’s narcotics laws, conducting spot inspections of their bodily fluids and reportedly busting them without due process. This has made foreign boozers, especially those who have not dabbled in drugs, question the fairness and transparency of law enforcement in the country.

The jails in China are very strict and boring, but not abusive or torturing. You are in a small room with about 15 other people. You have a set schedule every day and it is never to be broken. You have jobs and responsibilities, and you don’t get much free time.

Penalties for serious drug offences in China are severe and include the death penalty. In 2014, a number of foreigners have been arrested for allegedly trafficking commercial quantities of drugs, mainly when attempting to exit China at the airport in Guangzhou and also in Hong Kong. Foreigners have been executed for drug offences in China in recent months.

Getting in Trouble In China

Restrictions of bringing goods back to Canada

Cash: You can only carry $10,000 CAN on you when entering Canada.
Firearms and weapons: You must declare all weapons and firearms as soon as you are when you enter Canada.
Food, plants, animals and related products: All food, plants, animals, and related products must be declared. Food can carry disease. While plants and plant products can carry invasive alien species, such as the Asian Long-Horned Beetle. Animals and animal products can also carry diseases which threaten our society.
Explosives, fireworks and ammunition: You are required to have written evidence of authorization and permits to bring explosives, fireworks and certain types of ammunition into Canada.
Vehicles: Vehicles include passenger cars, pickup trucks, snowmobiles and motor homes, etc, as long as you use them for non-commercial purposes. There are many requirements that apply to the importation of vehicles such as being second hand, and its model year.
Consumer products: The importation of certain consumer products that could pose a danger to the public such as, baby walkers, jequirity beans (that are often found in art or bead work) is prohibited. Canadian residents should be aware of consumer products that have safety requirements in Canada.

Penalties and limitations regarding purchases abroad

There are a few penalties and limitations regarding purchases abroad. For the purpose of this tariff item, goods may include either wine not exceeding 1.5 litres or any alcoholic beverages not exceeding 1.14 litres, and tobacco not exceeding fifty cigars, two hundred cigarettes, two hundred tobacco sticks and two hundred grams of manufactured tobacco. No more than two hundred dollars in goods included in the baggage accompanying the person returning from abroad can be legally brought back without duty after an absence from Canada of less than twenty-four hours. Other than that, you are free to shop to your hearts content.

Antiquities: Given the number of fakes around for tourists, it's unlikely the ancient relic you picked up for RMB100 is real. That may be fortunate. China is strict in its enforcement of laws prohibiting the exportation of antiques. If it's old, it stays.
Unfavorable reading matter: Any material deemed less than favorable towards China or the Chinese government is liable to be confiscated.

Methods of seeking legal assistance in China and The procedure for replacing lost or stolen documents when traveling

For emergency legal assistance after hours, call the nearest Canadian government office and follow the instructions. You may also make a collect call to the Emergency Watch and Response Centre in Ottawa at 613-996-8885. China also has a Canadian Embassy in Beijing and several Consultant Generals of Canada. These places and numbers can also help you get replaced documents. An English-language legal service hotline is available for foreigners in the Chinese capital. According to sources with the Beijing Bureau of Justice, English-speakers should dial 1600148 and then follow the instruction for legal consultations provided in English. Follow-up legal services can also be arranged for foreigners if they find the consultation satisfactory.

Canada's Relationship With China

Canada and China have signed a reciprocal currency deal that's expected to dramatically boost exports. The hub will foster far easier trade between the Canadian dollar and the Chinese yuan, also known as the renminbi. It makes Canada the first country in the Americas to have a deal to trade in the renminbi.

China’s economic potential is considerable. With the world’s largest population, a fast-growing economy, continued market-based reforms, and a rapidly expanding middle class, China is a virtually irresistible market. In response to this fact, Canada has set strengthening economic ties with China as one of its main foreign policy objectives. Canada has four main policy goals in China:

to work with China towards China’s greater adherence to internationally accepted standards on human rights and the rule of law.
to ensure that China’s economic rise benefits Canada by increasing two-way trade and investment in goods and services.
to work with China to advance shared interests such as health, the environment, and regional peace and security.
to position Canada as a preferred destination for Chinese immigrants, students and visitors.

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