Once a foreign national is detained in a Guangzhou detention centre, the family's most urgent priority is to arrange a meeting between the detainee and a qualified Chinese criminal lawyer. This is because — during the criminal investigation stage — only a lawyer may visit the detainee. This article explains the legal framework and practical mechanics of arranging that meeting.
No Special Approval Required for Foreign Nationals
A common misconception is that meeting a foreign detainee requires special approval beyond what is required for a Chinese citizen. It does not. Under Article 39 of the Criminal Procedure Law, a lawyer may meet with a detained suspect upon presentation of three documents: the lawyer's practising certificate, a letter of introduction from the law firm, and a power of attorney (or legal aid letter). The detention centre must arrange the meeting promptly and in any event within 48 hours. There is no additional approval process specific to foreign nationals.
Power of Attorney: Three Routes
The principal practical challenge is obtaining a valid power of attorney. Three routes are available:
- Direct signature by the detainee: if counsel can access the detention centre with the other required documents, the detention centre may transmit the power of attorney to the detainee for personal signature. Once signed, the lawyer-client relationship is established without the need for family authentication documents. This is often the most efficient route.
- Signature by a close relative: a spouse, parent, child, or sibling may sign the power of attorney. Where the relative is overseas, the relationship must be proved — typically through a marriage certificate or birth certificate. In practice, some Guangzhou detention centres may accept these documents accompanied by a lawyer's undertaking of authenticity, without requiring full consular authentication. The standard applied by detention centres is not identical to that applied by courts in civil matters, and a degree of practical flexibility exists.
- Consular assistance: the embassy or consulate may assist by providing a letter of authorisation or by facilitating a consular visit at which the detainee can personally sign a power of attorney.
Interpreter Arrangements
If the foreign national does not speak Chinese or English, an interpreter must accompany counsel to the meeting. Detention centres have specific requirements for interpreters. In Guangzhou, for example, the Huangpu District Detention Centre requires the interpreter to be approved by the case-handling authority and prohibits one interpreter from serving co-defendants in the same case. Counsel should confirm the specific requirements of the relevant detention centre in advance of the visit.
Primary legislation: Criminal Procedure Law, Article 39
Related: Lawyer Visitation Rights → | Power of Attorney in Criminal Cases → | Hiring from Overseas →