Foreign nationals in Guangzhou and across China who face criminal prosecution often ask the same question: if convicted, will I be deported? The short answer is that deportation is a discretionary additional penalty — not automatic — and with skilled legal representation, it may be avoided entirely.

The Legal Basis: Article 35 of the Criminal Law

Article 35 of the Criminal Law of the PRC provides: "Deportation may be imposed independently or as a supplementary punishment on a foreign national who commits a crime." The operative word is "may" — it is not mandatory.

Whether deportation is imposed depends on an assessment of several factors, including the nature and gravity of the offence, the defendant's ties to China, and whether continued presence in China is assessed as contrary to the public interest.

Factors Courts Consider

  • Nature of the offence: violent crimes, drug trafficking, and offences against national security are far more likely to attract deportation than economic or regulatory offences.
  • Sentence length: longer custodial sentences correlate with a higher probability of deportation.
  • Ties to China: whether the defendant has family in China, stable employment, a long history of lawful residence, and community connections — all weigh against deportation.
  • Purpose of stay: legitimate business, investment, or family reasons for being in China support an argument against deportation.
  • Expression of remorse: genuine acceptance of responsibility and demonstrated rehabilitation can influence the court's assessment of whether the individual remains a risk to public order.

Procedural Strategy: Arguing Against Deportation

In practice, defence counsel in Guangzhou may argue against deportation by presenting evidence of the defendant's positive contributions to China, family and community ties, length of lawful residence, and prospects for rehabilitation. A suspended sentence — where the court imposes a custodial term but suspends its execution — may further support the argument that deportation is unnecessary, as the defendant will serve the sentence under community supervision. Each case turns on its facts, and early engagement of counsel is essential to build a comprehensive record in support of the argument against deportation.

Primary legislation: Criminal Law of the PRC, Article 35
Related: Criminal Record Consequences →  |  Deportation Grounds →  |  Sentencing Principles →