Foreigners in China Must Abide by Chinese Law: Common Legal Violations and Consequences
As China continues to open up to the world, nearly 100 million foreign nationals visit China each year for tourism, work, study, or business. The vast majority of foreign visitors respect Chinese laws, regulations, and customs. However, a small minority have engaged in uncivilized conduct or even flagrant violations of Chinese law.
This article examines several recent incidents to underscore a fundamental principle: all foreigners within Chinese territory must abide by Chinese law, and analyzes the relevant legal framework.
Case Review
Case 1: Fuzhou — Foreign National Assaults Traffic Police After Traffic Violation
On July 9, 2023, in Fuzhou, Fujian Province, a foreign man riding an electric scooter was stopped by traffic police for carrying a passenger in violation of traffic regulations. After the officer informed him of the violation and temporarily retained the scooter key pending issuance of a penalty, the man suddenly became aggressive, violently shoved the officer on duty, and shouted demands for the return of his key. Throughout the encounter, the traffic officer maintained restraint and refrained from any excessive response. Bystanders gathered to support the officer and surrounded the man. Reinforcements arrived shortly thereafter and subdued the individual. The following day, Fuzhou police issued a public notice confirming that the man had been penalized in accordance with the law.
Case 2: Chengdu — Foreign National Assaults Taxi Driver
In the early hours of July 8, 2023, near Baicao Road in Pidu District, Chengdu, Sichuan Province, a foreign man assaulted a taxi driver following a dispute. Police promptly launched an investigation after the incident was reported. A forensic medical examination determined that the victim, Mr. Yang, had sustained minor injuries (a classification constituting criminal liability under Chinese law). On July 15, police lawfully detained the suspect, MARKO (male, 30 years old, Serbian national), on suspicion of intentional assault causing bodily harm, and the case proceeded to further investigation and prosecution.
Case 3: Shanghai — NBA Star Commits Traffic Violations
On June 29, 2023, NBA Houston Rockets star James Harden, while attending commercial events in Shanghai, was found to have committed multiple traffic violations in Jing'an District, including driving against the flow of traffic and riding an electric scooter on a restricted roadway. Shanghai police lawfully issued penalty notices to Harden's authorized staff representative. That evening, Harden issued a public apology via his official social media account for the traffic violations and confirmed that he had authorized his staff to accept the penalties on his behalf.
Case 4: Shanghai — Japanese National Jaywalks and Refuses to Cooperate with Police
On April 7, 2023, a Japanese man was stopped by traffic police in Shanghai for jaywalking. When the officer processed the violation in accordance with laws and regulations, the man verbally confronted the officer. When asked to apologize, the man adopted a dismissive and flippant attitude, repeatedly refusing to comply by citing language barriers and threatening to contact his embassy. The enforcing officer firmly stated: "Apologize! Apologize to Chinese law! Do not treat this with a smirking face. Let me say this again — this is not the Shanghai of 100 years ago! Apologize to Chinese law!"
Legal Basis
The above cases demonstrate that China consistently adheres to a fundamental principle when dealing with illegal acts committed by foreigners — the principle of equal application of the law.
Article 6 of China's Criminal Law provides: "This law shall apply to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This law shall also apply to crimes committed on board a ship or aircraft of the People's Republic of China. A crime shall be deemed to have been committed within the territory of the People's Republic of China if either the act or the result of the crime occurs within Chinese territory."
Article 17 of China's Criminal Procedure Law provides: "Where a foreign national who enjoys diplomatic privileges and immunities commits a crime and criminal liability should be pursued, the matter shall be resolved through diplomatic channels."
These provisions establish the following framework: with the sole exception of foreign nationals who enjoy diplomatic privileges and immunities — whose cases must be resolved through diplomatic channels — all foreign nationals who violate Chinese law within Chinese territory shall be held accountable under Chinese law and shall enjoy no extra-legal privileges whatsoever.
Conclusion
China is a warm and hospitable nation, and it is also a country firmly committed to the rule of law. While China protects the personal freedom and lawful property of foreign nationals within its territory from infringement, it equally requires that all foreign nationals within Chinese territory abide by Chinese law, refrain from endangering China's national security, harming public interests, or disrupting public order.
When adjudicating foreign-related cases, Chinese courts both safeguard national sovereignty and the dignity of the law, and ensure equal protection of the lawful rights and interests of both Chinese and foreign parties, upholding judicial openness, fairness, and impartiality. Civility knows no nationality, and character bears no relation to skin color. Abiding by the laws and regulations of one's host country and respecting its traditions and customs are fundamental qualities expected of every global citizen.
This article is general information only, not legal advice for your matter. For professional assistance, consult a PRC-licensed lawyer at Zhang&Partners.