8
Moreover, the basic principle of both circulars is the same, the control of transients engaged in petty crime.
Shelter
the detention
of
transients, for
activities. The
and Investigation is therefore used for suspected petty offenders, particularly the purpose of investigating their 1985 Public Security Ministry circular (full text not available) provides that a person may be detained for investigation for one month in normal circumstances and up to three months in difficult cases. As this process is regarded as a method of investigation rather than a legal sanction, there do not appear to be any required procedures for taking an individual into detention right of appeal of the administrative decision to China has no legal process similar to habeas
Consequently persons subject to Shelter and Investigation have no method to secure their release other than the termination of the period of investigation or a personal appeal to public security or Communist Party
or
any
detain.
corpus.
authorities.
problems
Chinese critics have identified
in
administration of
Investigation:
a)
the
several major
Shelter
and
Shelter
has
and
In practice the scope of possible detention increased in many areas to include ordinary transients unsuspected of law breaking. Investigation is often used as a substitute for detention under the Administrative Penalty Regulations or arrest for suspected criminal activities. In one province, out of 1412 individuals detained under this power only one in the ten was properly within the permitted scope of Shelter and Investigation.