Of particular concern for foreign workers is the right of the People's Courts to issue injunctions prohibiting individuals for exiting the country during a pending criminal or civil action. Foreigners are barred from leaving the country in the following situations:
(1) When the foreigner is either a suspect or defendant in a criminal action;
(2) When the foreigner is involved in an unresolved civil action; and,
(3) When the foreigner has committed any other breach of Chinese law that has not been addressed fully, and further investigations are required by the government.
Although the courts have focused primarily on the actions of overseas Chinese persons, foreigners of other ethnic groups are detained or barred from exit in matters involving civil disputes and specifically collection actions. The Chinese courts have also held that the Entry/Exit Rules for Foreigners are not limited to the parties to the action and may be applied to the legal representatives of a party to a civil action.
