On December 26, 2011, the NPC Standing Committee reviewed the "Immigration Control Act (Bill)" for the first time. Compared to the Foreigners Immigration Act Rules implemented in 1986, penalties and liability are more refined in the Bill.

The Bill provides warnings, fines, detention and other punitive measures but no judicial remedies. Where the Bill is silent, the general provisions of Administrative Penalty Law shall apply.

The Bill provides “continued interrogation, detention review, limiting the scope of activities" and other coercive means, and it clarifies that the foreigners can apply for administrative review if they do not agree to the above measures imposed on him. The decision of administrative review is final, which means, the foreigners cannot seek judicial remedies.

The Bill stipulates where a foreigner violate the provisions and the circumstance is serious, even he does not commit crime, the Ministry of Public Security may expel him. It means that the decision made by Ministry of Public Security is final and no judicial relief is provided by law.

The Bill is being scrutinized by the public and has not come into force.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)