The China Immigration News keeps you on top of business, economic and political events in the China.
Blawg | Newsletter Archive

______________________________________________________________________

China Immigration Headlines

 

Immigration: New Zealand simplifies visa process for Chinese nationals

New Zealand has taken the first step in making entry for Chinese nationals easier with the opening of a joint immigration andtourism office in Shanghai, New Zealand Immigration Minister and Associate Tourism Minister Jonathan Coleman said Tuesday.

The joint Immigration New Zealand (INZ) and Tourism New Zealand office in Shanghai signaled the New Zealand government's response to demand from one of the country's fastest growing tourist markets, which was worth around 365 million NZ dollars (318.49 million U.S. dollars) a year, said Coleman.

About 131,000 Chinese visitors came to New Zealand in the year to June, an increase of 25 percent year on year, while business visitors increased by 10 percent, and Chinese students accounted for a quarter of the 90,000 international students studying in New Zealand each year.

"It's important that INZ is able to keep up with demand for visa services. INZ has also taken steps to remove as much bureaucracy as it can from visa processing in China," said Coleman.

"The Shanghai office reflects our increasing commitment to meet growth in the China market."

INZ was issuing multiple entry visas for Chinese citizens as standard practice, allowing holders to enter New Zealand as many times as they like for a maximum stay of six months in total, he said.

"This will remove a real source of frustration for Chinese who wish to visit New Zealand regularly at short notice," Coleman said.

The visa application form had been reduced in length and was in both Chinese and English.

INZ was also establishing visa application centers in Beijing, Guangzhou and Hong Kong to make the application process easier and quicker.

"What this also highlights is the important link between immigration and tourism and how better collaboration between both sectors can help boost New Zealand's tourism industry," Coleman said.

Source: xinhua

Immigration: British Embassy in China establishes countdown clock for London Olympics

BEIJING, July 27 (Xinhua) -- British Embassy in China established a countdown clock at the ambassador's residence here on Wednesday to mark the one-year countdown to the 2012 London Olympic Games.

"The final countdown will begin. An exciting year of outstanding sporting and cultural events in Britain will set the stage for the greatest (sport) show on earth next summer," said ambassador Sebastian Wood.

Zuo Zhiyong, deputy secretary of the Chinese Olympic committee and Beijing Olympic women's 78kg judo champion Yang Xiuli were invited to the ceremony.

To echo with London's festivities ahead of 2012 Olympic Games, British Embassy in China is set to organize some events in Beijing and around China as a program called "UK NOW" which will bring the best British culture, music, performances and arts to China in a series of events over six months.

"With one year to go we are on track to deliver on everyone of these commitments. Britain stands ready to welcome the world to London," Wood added.

As the 2012 London Olympic Games are drawing near, the London Olympic Games ticket sales under the Chinese Olympic Committee(COC) have also been underway, with tickets available online at the official website of Caissa Touristic, the exclusive official ticket sales agent under the COC.

Caissa is planning to unveil a series of travel products and services, such as a package of match-watching services, visa applications for the Olympic Games, and the "Olympic Tour of the United Kingdom".

Wood reminded Chinese citizens who want to go to London to watch the Olympic Games that they have to "think ahead and make sure their visa application is in good time", which will normally need a 15-day procedure.

"The number of Chinese people to travel to UK is increasing. The British Embassy issued 14,200 visas in a single week for Chinese people to go to UK recently, which is a new record and shows the demand is increasing," Wood said.

"For Chinese athletes and officials to the London Olympic Games, we will have special procedure for visa application, but for the public, we will adopt the normal visa system."

Sources from Xinhua

Immigration: World Citizen: Little Girl has a right to visit Canada

Q: My son is a Canadian citizen, has been working as a CFO in a multimillion-dollar international company in Beijing, China. He has been living with a Chinese woman in Beijing, China, continuously for more than one year. They have a daughter who is10 months old with a Canadian citizenship and passport, issued by the Canadian Embassy in Beijing.


Since I would like to see my lovely granddaughter, my daughter-in-law is applying for a visitor visa to visit Canada for six weeks under my son’s sponsorship. We know that by Canadian law, my son could apply for sponsorship for his common-law partner. But he currently has a good job in China and he does not want to give up his job opportunities to stay in Canada.


The Canadian Embassy in Beijing rejected her application for a visitor visa and said they believe she intends to stay in Canada and does not have enough travel history. They stated that if we provide more evidence and/or information, they will reassess the application. We feel very confused about this rejection. First, if she intended to stay in Canada after the visit, my son would have applied to sponsor her, which is his right.


A: You raise a very important question. The immigration system is supposed to recognize the concept of “dual intent” for visitors to Canada who are also entitled to apply to stay permanently. Your son’s partner should make the case that she does not intend to stay in Canada and that if she did, her husband would sponsor her, as is his right. In the renewed application, she should make very clear that she simply wants her granddaughter to have the chance to visit her grandmother. As a Canadian citizen, your granddaughter has the right to enter Canada.


Q: My wife and I, together with our elder son, landed in Toronto as a family in 1966, and adopted Canadian citizenship in 1976. Our Canadian family now consists of my wife and I, two married children with their spouses, and a grandson.


My wife came from a country which does not accept dual citizenship and she is now being asked to renounce either her original citizenship or her Canadian citizenship. She is considering renouncing her Canadian citizenship but is uncertain whether that would affect her continued residence in Canada.
She knows she would lose her official landed immigrant status with the renunciation, and would become an alien in Canada, but can she still remain in Canada as the wife of a Canadian? Does she have to reapply to become a landed immigrant? What are her chances?


A: There is a procedure for applying to renounce Canadian citizenship but it is anything but automatic. And in your wife’s case, there could be some complications as the regulations make clear that those who apply to renounce their Canadian citizenship cannot reside in Canada at the time and must provide proof as to where they reside.


Those who are applying to renounce their citizenship must also provide proof that they are indeed Canadian in the first place, that they possess or will obtain the citizenship of another country and that they are aware of the implications of renunciation. But the rules are very clear about the fact that citizens who successfully renounce citizenship have no status in Canada and cannot travel on a Canadian passport or come and go the way a Canadian citizen or permanent resident can do.


A person who renounces their Canadian citizenship and then decides to return to Canada must go through the immigration process again by applying for permanent resident status. In your wife’s case, if she is successful in renouncing her citizenship, you could seek to sponsor her through the family class from within Canada, which would allow her to reside here. But because of the wrinkles in this case caused by your wife’s current residence in Canada, you would be well advised to seek some professional advice before proceeding with the application to renounce Canadian citizenship.


Q: I’m so mad at the visa officer at Canada’s Buffalo visa office. I was wondering if there is any way to file a complaint?


A: It is notable that the immigration department website gives no indication how to file a complaint about the conduct of an immigration official or visa officer. (The site does provide information about how to file a complaint with the relevant authorities about a lawyer, immigration consultant or representative.) Any decision made by an immigration officer or visa officer can be challenged by seeking judicial review of the decision in federal court. But of course, not every complaint would revolve around a legal point or the actual decision.


If you want to raise a serious matter with the immigration department about the conduct of a visa officer, you should probably try to get the attention of Jason Kenney, the minister of citizenship and immigration. The minister’s public email address is minister@cic.gc.ca.
You could also contact the minister’s office by phone at 613-954-1064 and then ask how best to proceed, depending on the nature of the complaint. In any event, you will have to be very specific and document the complaint by providing details about the identity of the visa officer and the circumstances.

Sources from The Star
Published by Allan Thompson on Fri Aug 12 2011

______________________________________________________________

China Law News

______________________________________________________________________

CONTENTS

_______________________________________________________________________

Arbitration - Hong Kong Court upholds an Arbitration Agreement for ICC Rules Arbitration in Shanghai

By a judgment of 14 July, a Hong Kong Justice upheld the validity of an agreement to refer disputes to ICC Rules arbitration in Shanghai.

The “Governing law and Jurisdiction” clause in the contract, having stipulated that the contract was subject to German law, provided that disputes“… shall be submitted to an arbitral tribunal comprising of three arbitrators and the arbitration venue shall be in Shanghai, China… The arbitration procedure shall be held in accordance with the arbitration rules of the International Chamber of Commerce ('ICC') …”.

Nonetheless, the unpaid supplier of goods initiated court proceedings in Hong Kong. The purchaser reacted by seeking to have the court proceedings stayed in favor of arbitration.

Continue reading at http://www.mallesons.com/MarketInsights/marketAlerts/2011/Pages/Hong-Kong-court-upholds-an-agreement-for-ICC-arbitration-in-the-PRC.aspx

 

Intellectual Property - Hebei cracked down upon crimes on the manufacture and sales of counterfeits

As of the end of June this year, Hebei procuratorate has approved to arrest 228 suspects in 116 cases for infringing intellectual property rights (IPR) as well as producing and selling counterfeit and shoddy commodities since the launch of a special campaign on combating IPR infringements and counterfeits; while 195 criminals in 91 cases have been sent to court.

 

During the special campaign, the procuratorate has attached great importance to the crackdown on illegal activities violating intellectual property rights and civil rights. It has vowed to handle all those cases, especially major cases that had been transferred from public security organs, effectively and efficiently.
The procuratorate always participates in the investigation process of major and serious cases in due time and guides relevant departments to get access to the required evidences.

Continue reading at http://www.chinaipr.gov.cn/newsarticle/news/local/201108/1244319_1.html

 

China Banks - China's ICBC to take over Standard Bank Argentina

Industrial and Commercial Bank of China (1398.HK) is to pay $600 million to take control of the Argentina operations of South Africa's Standard Bank (SBKJ.J), it said on Friday, becoming the first Chinese lender to enter Latin America's third-largest economy.

ICBC, the world's biggest bank by market value, will take 80 percent of commercial lender Standard Bank Argentina and its two affiliates, asset manager Standard Investments and Inversora Diagnol, a commercial service provider.

The deal highlights the booming growth of Chinese finance in emerging markets beyond Asia. ICBC has been the top shareholder in Standard Bank since 2008, and is looking to benefit more as Chinese corporates extend their reach into Africa and other frontier markets.

"Chinese government policy probably had some influence on ICBC's decision. When you look at the other Chinese banks, none of them are doing acquisitions like ICBC is," said Ivan Li, an analyst at Kim Eng Securities in Hong Kong.

"China is probably treating ICBC like its flagship and wants it to expand everywhere."

Continue reading at http://www.reuters.com/article/2011/08/05/us-icbc-idUSTRE7742FR20110805

 

 

Litigation law - Chinese people may soon be able to challenge unreasonable administrative legislation

Wang Xixin, a law professor at Peking University and contributing researcher of China's top legislature, told China Daily that related departments have started to draft the amendment to the Administrative Litigation Law, which will very likely add government regulations such as urban planning to the scope of judicial hearings.

"It is a big deficiency in the current litigation regulation which doesn't allow the public to sue regulatory documents, government decisions and other regulations, since such government decisions usually exert a constant and wide-ranging impact on the people and will seriously infringe on civic rights, if ill-drafted," Wang said.

Continue reading at http://www.chinadaily.com.cn/cndy/2011-08/10/content_13081886.htm

 

 

_______________________________________________________________________

Lehman, Lee & Xu is a top-tier Chinese law firm specializing in corporate, commercial, intellectual property, and labor and employment matters. For further information on any issue discussed in this edition of China Law News or for all other enquiries, please e-mail us at mail@lehmanlaw.com or visit our website at www.lehmanlaw.com.

________________________________________________________________________

Lehman, Lee & Xu 2011.

You may share this document with your friends or colleagues, either by forwarding the e-mail edition to them (provided that the contents of the e-mail edition, including all notices, are preserved in their entirety), or by directing them to the online edition at here. You may use short excerpts from this document in your own work (provided that each such excerpt shall not exceed three sentences in length; no more than twenty percent of this document, by word length, may be excerpted; no more than twenty percent of your work, by word length, may consist of such excerpts; each such excerpt shall be attributed to Lehman, Lee & Xu, with such attribution to include the Internet address of the online edition of this document; and your work shall not disparage Lehman, Lee & Xu). All other rights reserved.
_______________________________________________________________________

This document has been created for educational purposes for clients, potential clients and referrers of services to Lehman, Lee & Xu, and to alert readers to the services provided by Lehman, Lee & Xu. It is not intended to serve as definitive professional or legal advice, and should not be relied upon as such. Lehman, Lee & Xu does not endorse any personal opinions which may be contained herein.
_______________________________________________________________________
We hope that you enjoy China Patent News . If you would like us to send you new issues by e-mail each month, please click here to subscribe. There is no charge for this service. If not, please click here to unsubscribe.