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Exit and Entry Administration Law of the People's Republic of China
The Exit and Entry Administration Law of the People's Republic of China，adopted at the 27th meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on June 30, 2012, and is hereby promulgated and shall come into force as of July 1, 2013.
Article 60 Where foreigners involved in any of the circumstances specified in the first paragraph of Article 59 of this Law cannot be cleared of suspicion after on-the-spot interrogation or continued interrogation and therefore need to be further investigated, he may be detained for investigation.
When detaining a foreigner for investigation, the authority concerned shall present a written decision on detention for investigation and shall interrogate the detained foreigner within 24 hours. Where the aforesaid organ finds that a foreigner should not be detained for investigation, it shall immediately release him from detention for investigation.
The period of detention for investigation shall not exceed 30 days; for complicated cases, the period may be extended to 60 days upon approval by the public security organs under the local people’s governments at the next higher level or by the exit/entry border inspection authorities at the next higher level. For foreigners whose nationalities and identities are unknown, the period of detention for investigation shall be calculated from the date when their nationalities and identities are found out.
Article 61 Under any of the following circumstances, detention for investigation is not applicable to foreigners, however, their movements may be restricted:
(1) Suffer from serious diseases;
(2) Are pregnant or breast-feeding their own infants under one year of age;
(3) Are under 16 years of age or have reached the age of 70; or
(4) Other circumstances in which detention for investigation should not be applied.
Foreigners whose movements are restricted shall subject themselves to investigation as required, and shall not leave the restricted zones without approval of public security organs. The period of movement restriction shall not exceed 60 days. For foreigners whose nationalities and identities are unknown, the period of movement restriction shall be calculated from the date when their nationalities and identities are found out.
Article 62 Under any of the following circumstances, foreigners may be repatriated:
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