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China Briefing: criminal background checks to be required
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shenyanggerry



Joined: 02 Nov 2003
Posts: 619
Location: Canada

PostPosted: Thu Mar 05, 2009 7:12 pm    Post subject: Reply with quote

I've had at least three 'Z' visas from two different universities in China. I've never had to provide a police check. I did however, have to provide one so I could be a volunteer in Canada.
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Fri Mar 06, 2009 4:16 am    Post subject: Reply with quote

rmcdougall wrote:
This whole business about criminal background checks is undemocratic and preposterous!!

What about people who have served their debt to society long ago and made new starts? How dare they not understand this.


You must still be in Kansas. The rest of us are in China.
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Fri Mar 06, 2009 6:07 am    Post subject: Re: China Briefing: criminal background checks to be require Reply with quote

eddy-cool wrote:
xiao51 wrote:

China Briefing is published by Dezshira and Associates which presents itself as a "boutique firm" involved in investment in China for foreigners as well as various other countries. See their website if you have any questions...http://www.dezshira.com/

It is hardly an officla journal of the People's Republic of China.


We most definitely do NOT need your clarification on CHINA BRIEFING; what you seem to know is known to all of us.

But for laowais a publication such as CHINA BRIEFING is still by far the most exhaustive source of relevant news and information.

This is especially true in this case. Go and ask a PSB person and tell us whether that PSB source can reliably inform you on the latest nation-wide regulations!

Most PSB's apply national law arbitrarily. CHINA BRIEFING has direct access to the laws while it also relies on feedback from grassroots who live with these new laws.

For a change you were right in saying that Mr Chris Cheshire-Ellis landed himself in hot water; what's the relevancy of this news to police investigating your background?


I will refrain from commenting upon your usage of the royal "we".

Prefer a trade journal over the dictate of the PSB? Hardly good, sound or even reasonable advice.

And that this trade magazine has "direct access" to the laws., etc.,..How long have you been in China? A laowai trade journal would hardly have such unfettered access, particularly even more so in the People's Republic. This is simply, if you excuse me, preposterous logic at best.

It is rule of man here, not rule of law.

Forgive me, of course, if I cannot answer you with the same royal "we" that you used with me.

Sincerely,


Xiao Lin
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rmcdougall



Joined: 28 Feb 2009
Posts: 71

PostPosted: Fri Mar 06, 2009 6:25 am    Post subject: Reply with quote

This whole check can be delayed indefinately until the end of your contract.

I think......
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Fri Mar 06, 2009 8:41 am    Post subject: Reply with quote

Quote:
And that this trade magazine has "direct access" to the laws., etc.,..How long have you been in China? A laowai trade journal would hardly have such unfettered access, particularly even more so in the People's Republic. This is simply, if you excuse me, preposterous logic at best.



Again, Eddie is right and you should know these people you talk about before casting them in the same light as other magazines which you obviously have confused...China Briefing is not China Review...and the hot water you have reported is not the reality of the situation... he has resigned over the conflict coming out of an interview...anything else is old news...
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bearcanada



Joined: 04 Sep 2005
Posts: 312
Location: Calgary, Canada

PostPosted: Sat Mar 07, 2009 3:36 am    Post subject: Reply with quote

RMcDougall wrote: "I heard there was a clause that if the foreign expert is over 60 he can avoid the harassment charges and stuff to continue to get the visa. Right??"

Wrong. A foreigner who is 60 or over is normally denied a Work Permit, and therefore no Z visa and no residence permit either. It is sometimes possible to effectively obtain an appeal by completing a form that is called something like "Extending one's working career", in which one states the reasons for working beyond normal retirement and where the prospective employer outlines the need for this foreign expert. If the Labor Office buys the arguments, you can get your letter of invitation and work permit. Without that, you're SOL.

And I think it would be appropriate to point out that the requirement for a criminal check is neither 'undemocratic' nor unreasonable, and sure as hell does not constitute 'charges and harrassment'.

Have you ever tried to get into your own country (the US of A)? You want troubles and intrusive checks? Shit. It's easier to get a work permit for China than to pass through US customs as a tourist, much less to want to work there.

Sounds to me like you have something rather strong in your (recent) past that you want to hide. Is that why you came to China? Wouldn't be the first time.

.
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Sat Mar 07, 2009 6:40 am    Post subject: Reply with quote

Quote:
Have you ever tried to get into your own country (the US of A)? You want troubles and intrusive checks? Shit. It's easier to get a work permit for China than to pass through US customs as a tourist,


Most just "shine on" the entry and exit office of the United Snakes...instead opting for the fast track, Rio Grande Mud....

Quote:
A foreigner who is 60 or over is normally denied a Work Permit, and therefore no Z visa and no residence permit either.


Perhaps in the teaching field there is a reason to 86 the foreign aged, but there are a heck of a lot of over 60 workers in other industries.
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sojourner



Joined: 28 Jan 2003
Posts: 738
Location: nice, friendly, easy-going (ALL) Peoples' Republic of China

PostPosted: Sat Mar 07, 2009 7:16 am    Post subject: Reply with quote

Quotation from Bearcanada's posting : ' RMcDougall wrote: "I heard there was a clause that if the foreign expert is over 60 he can avoid the harassment charges and stuff to continue to get the visa. Right??"

' Wrong. A foreigner who is 60 or over is normally denied a Work Permit, and therefore no Z visa and no residence permit either. It is sometimes possible to effectively obtain an appeal by completing a form that is called something like "Extending one's working career", in which one states the reasons for working beyond normal retirement and where the prospective employer outlines the need for this foreign expert. If the Labor Office buys the arguments, you can get your letter of invitation and work permit. Without that, you're SOL. '

- ----------------------------------------------------------

Bearcanada,

I have been in China for 6 years and am aged 63 years. Since I turned 60, I have worked at two universities - in Sichuan and Zhejiang. Just before I turned 63,my current (Zhejiang) uni invited me to to stay on for another year - they were so keen to "keep me" that I was able to negotiate from an advantageous position; and, thus, got them to provide me with some extra goodies in the way of a salary increase (but less hours !) , 12 monthly salary payments p.a. and an increase in my airticket allowance.So much for being "disadvantaged" because of my age ! There is another FT of about the same age - who, incidently, first arrived in China aged 61 - and he was also invited to extend his contract. In both our cases, we were not asked to complete an "Extending One's Working Career" form. The paper work involved for both of us appeared to be exactly the same as for our younger colleagues. I have a friend of the same age as me who after an 18 month break recently returned to China to take up a uni job somewhere in the NE.

Where exactly did you hear about people 60+ being "normally" denied "work permits" ? From another EFL forum (which happens to thrive on rumour-mongering to a far greater extent than is the case with Dave's ESLCafe ! ), some drunken loser in an expat bar, or what ? Admitedly, over the past few months I have come across a number of rumours - rather than substantial evidence - regarding (supposed) age limits - sometimes 60, sometimes 65. Sometimes the rumours give one the impression that the (supposed) age limits apply only to certain areas of the country, eg Shanghai and Guandong. Maybe there ARE references to age limits in the regulations, but it doesn't mean that these rules are always applied. I suppose that such rules are analogous to the "5-year Rule" - eg, something that can be evoked should an employer find it necessary not to re-engage someone that the leaders deem to be a troublemaker or incompetent. Regarding the aforementioned official form, maybe it DOES exist - but I have never been asked to complete one. (Possibly, it is something that is meant to be completed only by the FAO ). The point that I'm trying to make is that since turning 60 I have never experienced any problems whatsover in getting work, extending my contract, or with the official paper work re visas, FECs, etc). Possibly, one of the other "oldies" to these fora (eg, "BRSmith") might want to comment re the matter of 60+ FTs having trouble in getting "work permits".

Regarding your other point, I agree that there is considerable merit in the Chinese authorities insisting on a criminal background check. News about there being "plenty of work", slack administrative procedures re the checking of one's academic qualifications, along with reports of cheap beer and the (supposed) availability of unattached/friendly/attractive young females might be a little too much for unsavoury loser-types with dodgy backgrounds to ignore ! Of particular concern is the possibility of people in the West who have convictions for paedaphilic (sp?) offences who are contemplating applying for teaching jobs in China's primary/middle school sectors - thus, China needs to get it's act together re the checking of the backgrounds of all prospective FTs.

Peter
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Sat Mar 07, 2009 7:46 am    Post subject: Reply with quote

Quote:
Of particular concern is the possibility of people in the West who have convictions for paedaphilic (sp?) offences who are contemplating applying for teaching jobs in China's primary/middle school sectors - thus, China needs to get it's act together re the checking of the backgrounds of all prospective FTs.


While I agree that pedophilic FTs would be the nightmare of any parent, the availability of opportunity may be a better deterrent than background checks which would not differ in the type of sex crimes, it is likely it is the possibility of fraudsters that they new regs would seek to contain; as well as those picked up during protest and involvement with groups that may have connections to internal problems in China. Recently there have been some high profile cases in which foreigners were accused of duping Chinese in to scams....

Just think, they could refuse entry because an individual had been arrested during a protest..any kind of protest....or maybe in the future, they will also consult credit reports so as to weed out those with large debt as a they may have a tendency to enter into corrupt practices to maintain their ability to pay off the debts...the checking of backgrounds .. Once started is a slope of possible injustice...

There is the tradition of paying of the crime with the time .. but due to the mobile ability of the foreigner.. and the attitude that many could break laws if they think the cause is just will only encourage this kind of overt control...are they checking of ages..who knows.. what are they planning in the future..who knows..as authority in china is compartmentalized and many agencies cn offer regulations as to the same offense or procedure and then it depends on who u are dealing with...

Remember this, like the fiasco with the singer yelling out support of a rogue province, the can leave and dont have to pay the penalty for their actions, whither morally right or not, so it goes to the next guy ..like the current cancelation of shows based on a performers history of where and who they played for.. Whither we like it or not .. Every foreigner is tied to the other..


Last edited by evaforsure on Sat Mar 07, 2009 12:03 pm; edited 1 time in total
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sojourner



Joined: 28 Jan 2003
Posts: 738
Location: nice, friendly, easy-going (ALL) Peoples' Republic of China

PostPosted: Sat Mar 07, 2009 8:06 am    Post subject: Reply with quote

Quotation from "rmcdougall" : "I heard there was a clause that if the foreign expert is over 60 he can avoid the harassment charges and stuff to continue to get the visa. Right??"

Why should FTs aged 60+ be exempt from any criminal background check ? It's not just younger people who not only have a criminal background - but, who may STILL pose a threat to society.

I believe that in some Western countries, some offences become "spent" (I'm not sure of the exact term) after a certain period of time - thus, if one had committed a relatively minor offence during his/her youth, one's record would appear "clean" by the time such a person reached middle age;provided, that the person had lived a law abiding life since that one offence dating back 20-30 years. Fair enough.

But certain offences will always remain "on one's record", in particular those of a sexual nature involving young children. Shouldn't the Chinese authorities be in a position to take the necessary steps to protect its most vulnerable citizens ? In many Western countries, the authorities put all applicants for jobs involving having access to young people through a stringent screening process - why not China ?

Peter
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Peter Wales



Joined: 02 Feb 2009
Posts: 63

PostPosted: Sat Mar 07, 2009 8:18 am    Post subject: Reply with quote

rmcdougall wrote:
This whole check can be delayed indefinately until the end of your contract.


So what's the point of it then?
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bearcanada



Joined: 04 Sep 2005
Posts: 312
Location: Calgary, Canada

PostPosted: Sat Mar 07, 2009 9:03 am    Post subject: Reply with quote

Sojourner, the insults aren't necessary; I no more accept advice from drunks in bars than you do. It is true that the regulations are applied unevenly in China and I believe that would account for your experience of a hassle-free work permit.

But in some areas - for sure Shanghai is one - the facts are indeed facts and are precisely as I have stated them above. If you are 60 or over, you will have to complete that extra form and both you and your employer will have to do a bit of a selling job on the Labor Offcie. And there are no guarantees that you'll succeed.

Some areas of the country have a surplus of foreign labor and some have a dearth. In a small town in Ningxia you could probably be 73 years old with no degree or certificate and still get a work permit. But you won't do it in the large centers.

.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Sat Mar 07, 2009 10:23 am    Post subject: Reply with quote

Quote:
But you won't do it in the large centers.


You shouldn't be so definitive with your statements.

I'm in Beijing, and three of my colleagues are 62, 65, and 70 respectively - they have no visa / RP / medical insurance problems.
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