TNAG-1865-FCO40-2646-Legal-system-in-China-1989 — Page 21

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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.