China Coast Guard CCG Order #3 issued 15 May 2024 entitled Provisions on Administrative Enforcement Procedures for Coast Guard Agencies 2024 entered into force on 15 June 2024. The order sets the conditions for exercising detention and review powers to Coast Guard commanders (see below unofficial machine-generated translation from the original in Chinese) [emphasis added]:
Chapter 14
Handling of Foreign-Related Administrative Cases
Article 257
Foreigners suspected of violating entry and exit control who meet any of the following circumstances and whose suspicion cannot be ruled out after on-the-spot questioning or continued questioning and who need further investigation may be detained for investigation upon approval by the head of the maritime police agency:
(1) Those suspected of illegally entering or leaving the country;
(2) Suspected of assisting others to illegally enter or exit the country;
(3) Those suspected of illegal residence or illegal employment;
(4) Suspected of endangering national security and interests, disrupting social public order, or engaging in other illegal or criminal activities.
When implementing detention and review, the detention and review decision letter shall be produced and questioning shall be conducted within twenty-four hours.
The detention and review period shall not exceed 30 days. If the case is complicated, it may be extended to 60 days with the approval of the higher-level maritime police agency. For those whose nationality and identity are unknown, the detention and review period shall be calculated from the date when their nationality and identity are clarified. If the provincial maritime police bureau makes a detention and review decision and needs to extend the detention and review period, it can be approved by the maritime police agency that made the decision.
In accordance with the Coast Guard Law of the People’s Republic of China, this order is to apply in “sea areas under the jurisdiction of the People’s Republic of China” (Article 3) and may be oriented towards “major maritime rights protection” (Article 15); more specifically, Article 17 provides the legal basis for the exercise of detention powers being now defined in CCG Order #3. Further to that, Article 22 provides the legal basis for use of force by coast guard vessels for acts that infringe on China’s national sovereignty or jurisdiction.
An English translation of the 2021 Coast Guard Law of the People’s Republic of China may be found here; the original version can be retrieved from FAOLEX; CCG Order # 3 may be found here (in Chinese).
De Maribus 