Defying controls confirmed as crime

Anyone who violates or impairs inspection and quarantine measures at Chinese ports or after they enter the country－whether Chinese nationals or foreign citizens－will be held liable in accordance with Chinese laws, top judicial authorities said on Tuesday.

The Supreme People's Court and the Supreme People's Procuratorate issued the clarification as the country sees a rising risk of imported infections of the novel coronavirus.

Authorities have listed six behaviors that could constitute the crime of impairing frontier quarantine measures in a guideline targeting individuals who spread or risk spreading an infectious disease identified by the Chinese State Council, including plague, cholera, yellow fever and COVID-19.

People infected with infectious diseases that are grounds for a quarantine or suspected epidemic victims who refuse to undergo observation in isolation－or who fail to truthfully fill out health declaration forms at border checkpoints, such as international airports in China－could face criminal penalties, according to the guideline made public on March 16.

The two judicial authorities said the clarification on Tuesday is to safeguard people's health and maintain social stability, and it also applies to stateless people.

"The clarification that came after the guideline was issued last week is timely and necessary," said Ruan Chuansheng, a criminal law professor at the Shanghai Administration Institute.

"It means no one should take any chance by not complying with laws and regulations in China, including foreigners," Ruan said, adding that everyone is equal before the law.

He explained that the specific charge for violators would depend on where the offense takes place and how serious it is, and that requires judicial agencies to make further assessments in accordance with Chinese laws.

For example, people may be charged with disturbing border health inspection and quarantine regulations if they refuse to follow quarantine measures at Chinese ports and cause serious consequences, he said.

If someone fails to obey epidemic control rules after entering the country and causes serious problems, he or she may be accused of impairing the prevention of infectious diseases, according to Ruan.

"In simple terms, no matter what nationality travelers are, they should abide by Chinese laws and rules when arriving in the country," he added.

The clarification of the two top judicial authorities came after some recent cases in which inbound passengers failed to implement Chinese epidemic control rules.

A Chinese national employed by a biotech company in the United States is now under criminal investigation by Beijing police for concealing her symptoms during a flight to China. The 37-year-old woman has also been dismissed by her employer.