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:
(1) Are ordered to exit China within a prescribed time limit but fail to do so;
(2) Are involved in circumstances in which they are not allowed to enter China;
(3) Illegally reside or work in China; or
