Arrested on a Business Trip to China: What Executives and Companies Should Do

What Happens in the First 48 Hours After an Arrest on a Business Trip

A business trip to China can turn into a crisis if the traveller is detained by police. Foreign executives and employees arrested in China face language barriers, unfamiliar procedures, and limited access to their usual support networks. This article outlines what companies and families should do in the first hours and days following an arrest on a business trip.

A foreign national arrested while on a short-term business visa in China enters a legal system that may be unfamiliar and intimidating. Under the PRC Criminal Procedure Law, the detaining authority must notify the suspect's family within 24 hours of criminal detention — though where communication is impracticable or the case involves state secrets or terrorism-related offences, notification may be delayed. For foreign nationals, consular notification is additionally required under Article 36 of the Vienna Convention on Consular Relations.

What Employers and Families Should Do Immediately

Business travellers face particular vulnerabilities: they typically lack local support networks, their travel documents may be with hotel registration or company HR, and their employer's China office may have conflicting institutional interests. The employer should immediately engage China-based legal counsel — not merely rely on headquarters' general counsel — and coordinate with the traveller's home country consulate. Simultaneously, the traveller's company should locate and secure all relevant documents, including passport copies, visa records, and any business correspondence that may be relevant to the investigation.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: SPC Interpretation of the Criminal Procedure Law | MPS Regulations on Criminal Procedure
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
Related: Hiring a Lawyer From Overseas →  |  Detention Timeline →  |  Bail Guide →