Laws of the People's Republic of China

    In order to severely punish the criminal who organizes and transports
the other persons to secretly cross the national boundary(borderline)
(herein after referred to as secretly cross the national boundary
(borderline)), prevent the criminal activities of secretly cross the national
boundary(borderline), maintain the order of exit and entry administration, the
following supplementary provisions to the criminal law are made:

    1. Whoever organizes the other persons to secretly cross the national
boundary(borderline) shall be sentenced to fixed-term imprisonment of more
than two years and less than seven years, and may concurrently be sentenced to
a fine; whoever in one of the following circumstances shall be sentenced to
fixed-term imprisonment of more than seven years or life imprisonment, and may
concurrently be sentenced to a fine or confiscation of property:

    (1) the principal criminal of the group which organizing the other persons
to secretly cross the national boundary(borderline);

    (2) whoever organizes the other persons to secretly cross the national
boundary(borderline) for many times or organizes many persons to secretly
cross the national boundary(borderline);

    (3) whoever causes severe bodily injury or death to the organized persons;

    (4) whoever deprives or limits the organized person's personal freedom;

    (5) whoever resists the inspection by means of force or threat;

    (6) whoever gets a huge amount of illegal income;

    (7) whoever is in any other especially severe circumstances.

    Whoever kills, injures, rapes or sells the organized persons, or kills or
injures the inspectors may be sentenced to death in accordance with the
provisions of the law.

    2. Whoever, in the name of labor export, foreign trade or others,
deceptively gets passport, visa and other exit certificate for the use of
organizing the other persons to secretly cross the national boundary
(borderline), shall be punished in accordance with Article 1 of these
Provisions.

    If any organization commits the crime mentioned in the preceding
paragraph, it shall be sentenced to a fine. The chief person-in-direct-charge
and other direct offender shall be punished in accordance with Article 1 of
these Provisions.

    3. Whoever provides the other persons with the forged or altered passport,
visa and any other exit and entry certificate, or sells passport, visa and any
other exit and entry certificate, shall be sentenced to fixed-term
imprisonment of less than 5 years and shall concurrently be sentenced to a
fine; where in severe circumstances, the offender shall be sentenced to
fixed-term imprisonment of more than five years and shall concurrently be
sentenced to a fine.

    4. Whoever transports the other persons to secretly cross the national
boundary(borderline) shall be sentenced to fixed-term imprisonment of less
than five years, criminal detention or public surveillance; whoever in one of
the following circumstances shall be sentenced to fixed-term imprisonment of
more than five years and less than ten years, and may concurrently be
sentenced to a fine:

    (1) whoever transports the other persons to secretly cross the national
boundary(borderline) for many times or transports many persons to secretly
cross the national boundary(borderline);

    (2) the relevant vessel, vehicle and other traffic tool for use is lack of
necessary safe conditions, and it is sufficient to cause severe consequences;

    (3) whoever gets a huge amount of illegal income;

    (4) whoever is in any other especially severe circumstances.

    Whoever causes severe bodily injury or death to the transported person
during the transportation, or resists the inspection by means of force or
threat, shall be sentenced to fixed-term imprisonment of more than seven years
and may concurrently be sentenced to a fine.

    Whoever kills, injures, rapes or sells the transported persons or kills or
injures the inspector may be sentenced to death in accordance  with the
provision of the law.

    Whoever transports the other persons to secretly cross the national
boundary(borderline) in a minor circumstance and is not severe enough to be
sentenced, shall be placed in detention for not more than 15 days by a public
security organ and may concurrently be fined more than 5 thousand yuan and
less than 50 thousand yuan.

    5. Whoever secretly crosses the national boundary( borderline) may be
placed in detention for not more than 15 days by a public security organ, and
may be separately or concurrently fined more 1 thousand yuan and less than
5 thousand yuan; whoever in severe circumstances shall be sentenced to
fixed-term imprisonment of less than two years or criminal detention, and
shall be concurrently sentenced to a fine.

    6. Where a state functionary charged with handling passport, visa and
other exit and entry certificate knows somebody wants to secretly cross the
national boundary(borderline) and still handles the exit and entry certificate
for him; where a state functionary charged with frontier defence, customs and
so on knows somebody is secretly crossing the national boundary(borderline)
and still permits him to exit, he shall be sentenced to fixed-term
imprisonment of less than three years, criminal detention or public
surveillance; in severe circumstances, he shall be sentenced to more than
three years and less than ten years.

    Conspiring with the criminal who organizes and transports the other
persons to secretly cross the national boundary(borderline), in committing
the activities mentioned in the preceding paragraph, shall be punished in
accordance with the provisions of Article 1 and Article 4 of these Provisions.

    7. All of the illegal income derived from violating these Provisions,
the traffic and communication tools, devices and other goods or properties
which are used, owned by the criminal or which are owned by somebody but are
provided with the criminal, shall be confiscated.