Many families of foreign nationals detained in Guangzhou and across China do not realise that they can write letters to their loved ones in detention. While family visits are not permitted during criminal detention, written correspondence is generally allowed — and it can make an enormous difference to the detainee's mental wellbeing during a difficult and isolating time. This article explains the legal framework, practical steps, and important restrictions.
The Legal Basis: Detainees Have the Right to Correspondence
Under Article 28 of China's Detention Centre Regulations (Kanshousuo Tiaoli, 看守所条例): "During detention, with the consent of the case-handling authority and approval of the public security organ, a detainee may correspond with and meet with close relatives."
Article 31 further provides: "The detention centre, entrusted by the case-handling authority, may inspect letters sent and received by detainees. If any content is found to hinder the investigation, prosecution, or trial, the letter may be detained and transferred to the case-handling authority for processing."
Article 32 adds: "In cases where the People's Procuratorate has decided to initiate prosecution, the detained person may, after receiving a copy of the indictment, meet and correspond with their retained defence lawyer or a defender appointed by the People's Court."
Cross-Border Correspondence: Special Rules for Foreign Families
Under Article 34 of the Implementation Measures for the Detention Centre Regulations (Kanshousuo Tiaoli Shishi Banfa):
- Correspondence between a detainee and close relatives residing in Hong Kong, Macau, or Taiwan, or with foreign close relatives, requires approval from the provincial-level public security department
- Correspondence involving foreign national detainees and their relatives, guardians, or consular officials is also subject to provincial-level approval — in Guangzhou, this means the Guangdong Provincial Public Security Department
This is an important procedural requirement for families writing from outside China. While the approval process adds a layer of bureaucracy, it does not mean letters are prohibited — it means you should plan for additional processing time and, ideally, coordinate through your lawyer.
Why Writing Letters Matters
Being detained in a foreign country is an isolating and frightening experience. Regular letters from family can:
- Provide emotional comfort and reduce anxiety during a highly stressful period
- Remind the detainee that their family has not abandoned them despite the distance
- Encourage good behaviour and cooperation with facility rules, which can be mitigating factors
- Give the detainee hope and motivation to endure the legal process
From a legal perspective, maintaining family communication can also demonstrate to authorities that the detainee has strong community and family ties — a factor that can be relevant in certain procedural decisions, including bail applications.
How to Address the Letter
The address format for a detention centre in China:
[Name of Detention Centre]
[District/City], [Province]
China
For a detainee held in Guangzhou, for example:
Guangzhou No. [X] Detention Centre
Guangzhou, Guangdong Province
China
To avoid confusion with similar names: Include the detainee's nationality and passport number after their name. For foreign detainees in Guangzhou, this helps ensure the letter reaches the correct person, as multiple foreign nationals may share similar transliterated names.
Sending the Letter: Practical Tips
- Use registered mail (guahao xin) — this allows you to track delivery and confirm receipt. Standard international mail to China can take 2–4 weeks.
- Buy stamps at the post office — counterfeit stamps are unfortunately common when purchased online in China, and a letter with a fake stamp will not be delivered. This applies both to domestic Chinese stamps and international postage.
- Check with the specific detention centre first — some facilities in Guangzhou accept only postcards; others accept full letters. Policies may also change temporarily due to health or security concerns. Your lawyer can confirm the current policy.
- Photos may be included — many detention centres allow family photos to be enclosed with letters, but check the facility's specific policy first. Photos provide enormous comfort to a detainee.
What You CAN Write About
- Family news and updates — how everyone is doing, children's progress in school, family events
- Words of encouragement and emotional support — "We love you, we are thinking of you every day, we will get through this together"
- Questions about their physical health and wellbeing — "Are you eating well? Are you sleeping? Are you being treated fairly?"
- Reminders to follow facility rules and cooperate with authorities
- Updates about daily life at home — maintaining a sense of normalcy and connection
What You MUST Avoid
All letters are inspected by detention centre staff before delivery. This is not optional — it is statutory. Letters containing any of the following will likely be withheld:
- Discussion of case details — never discuss evidence, witnesses, or anything related to the alleged crime. This is the single most common reason letters are withheld.
- References to "connections" or "fixers" — do not mention trying to find guanxi or anyone who can "help get them out." Such references may be interpreted as attempting to interfere with the investigation.
- Criticism of Chinese authorities, laws, or the legal system
- Coded language or any attempt to communicate secretly
- Anything that could be interpreted as interfering with, hindering, or obstructing the investigation, prosecution, or trial
The golden rule: Write every letter as if a police officer is reading every word — because, under Article 31 of the Detention Centre Regulations, they are.
A Practical Tip: Positive Comments About the Facility
Many experienced families and defence lawyers suggest including respectful, positive remarks about the detention centre and its staff. For example:
- "We have heard that the facility is professionally managed and we are grateful."
- "Please listen carefully to the officers and follow all the rules — they are doing their job."
- "We appreciate the staff who help maintain order and safety."
The officers who inspect letters are human — respectful language is always well received. While there is no guarantee this affects how letters are handled, it is a small gesture that costs nothing. Put yourself in the position of the officer reviewing the letter: what kind of content would you respond to positively?
What If Your Letter Does Not Arrive?
If the detainee reports not receiving your letters, possible reasons include:
- The letter contained prohibited content and was withheld under Article 31
- The address was incorrect or incomplete
- The facility has temporarily suspended mail (e.g., during public health emergencies)
- Postal service delays or lost mail — international mail to China can be unreliable
- The provincial-level approval for cross-border correspondence has not been processed
If letters consistently fail to arrive, your lawyer can inquire with the detention centre about the mail policy and whether any letters have been received or withheld. This is one of the valuable services a Guangzhou-based criminal defence lawyer can provide.
For Foreign Families: Language Considerations
If you write in English or another foreign language, the letter will likely need to be translated by the authorities before delivery. This may cause significant delays. Consider:
- Writing in simple, clear language — whether in Chinese or English. Avoid idioms, slang, and complex sentence structures
- If writing in Chinese, keep the language straightforward; machine translation may be used to verify content
- Your lawyer may be able to help facilitate communication or advise on the best approach for the specific detention centre in Guangzhou
- Some families choose to write short, simple messages in both English and Chinese to ensure clarity
Primary legislation: Detention Centre Regulations (Kanshousuo Tiaoli), Articles 28–32; Implementation Measures for the Detention Centre Regulations, Articles 34, 38–39
Related: Detention Centre vs. Jail: Visit Rules → | Criminal Detention Timeline → | What to Do When Arrested → | Consular Rights →