This regulation is hereby established in accordance with《The Prison Law of the Republic of China》, 《The Regulations of Visitation and Communication for Foreign Inmates》, the regulations of the related international conventions that our nation has participated, and the regulations of the bilateral consulate treaties our nation has signed with external parties, to further regulate the management of the visitation and communication for foreign inmates
1. The application of visitation by the diplomats and consulate officials and the reply thereof
Rule 1 Diplomats, consulate officials requesting to visit citizens of their countries who are serving their sentence should apply to the Shanghai Prison Administration Bureau in writing. The application should state: name of the embassy, consulate office in China; the number of visitors, names, and the job titles of the visitors; names and numbers of the certificates of the visitors; names, length of sentence, place of sentence of the persons visited; date of visit applied for; language used during visit.
Rule 2 Upon receiving the visitation application of the embassy or consulate office, the Shanghai Prison Administration Bureau will decide whether to approve or reject the application within 5 working days, and provide answer in writing. If the application for visitation is approved, the Bureau will affirm in writing in its reply the followings: the time the application is received, name of the person visited, place where the sentence is served, number of visitors and their names, the time of visitation, arrangement of the meeting point, and inform them the certificate they have to bring along.
Rule 3 For foreign inmates who refuse to meet their diplomat or consulate officials, the Shanghai Prison Administration Bureau will inform the embassy or consulate office in China, and attach with a copy of the written statement from the inmates concern. Foreign inmates who refuse to meet their diplomat or consulate officials should submit a written statement to the prison for onward transmission to their diplomat or consulate officials, and for submission to the superior department for record purpose.
Rule 4 The diplomat or consulate officials who wish to change the time of visitation or to request an increase in the number of visitation or increase in the number of visitors because of some reasons, should submit their application in writing. The Shanghai Prison Administration Bureau will decide whether to approve or reject the application within 5 working days, and provide answer in writing.
2. The application of visitation by inmates’relatives and guardian and the reply thereof
Rule 5 the non-Chinese relatives or guardians of foreign inmates who request for visitation for the first time are to submit their applications to the Shanghai Prison Administration Bureau in writing through their embassy or consulate offices in China. The application letter should state: the names and identity numbers of the relatives or guardians, certificate numbers, the relationship with the person visited, names and crimes of the person visited, length of sentence, place where the sentence is served, the date of visitation, the language used during the visit, and submit the material of proof of the relationship with the person visited.
Rule 6 The Chinese relatives or guardians of foreign inmates who request for visitation for the first time are to submit their applications to the Shanghai Prison Administration Bureau in writing and submit the material of proof of the relationship with the person visited.
Rule 7 Upon receiving the visitation application of the relatives or guardians of foreign inmates for the first time, the Shanghai Prison Administration Bureau will decide whether to approve or reject the application within 5 working days, and provide an answer in writing. If the visitation application is approved, the Bureau will affirm the application in its reply the followings: the names of the visitors and the person visited, the time of visitation, place of arrangement, and inform the certificates required to bring along.
Rule 8 The relatives or guardians who wish to change the time of visitation or the request for another visitation because of some reasons, can submit their application directly to the prison, and the prison will reply within 2 working days upon receiving the application.
3. Visitation Arrangement
Rule 9 Diplomat, consulate officials and the relatives or guardians of foreign inmates can visit them 1 to 2 times a month, the number of visitors generally do not exceed 3 people, and the time of visitation not exceeding 1 hour. The place of visitation is at the visitation room of the prison. Visitation time can be suitably extended in required upon approval by the warden.
Rule 10 The Shanghai Prison Administration Bureau or the Prison can suspend the visitation temporarily, or arrange the visitation through video screen for foreign inmates who are diagnosed and confirmed to have contracted the infectious diseases and are being isolated for treatment.
For foreign inmates who are still within the period of investigation, or who are being sent to confinement, the application for visitation by their relatives of guardians will not be arrange generally, and approval of the prison is required if there is a special situation.
4. Rules for Visitation
Rule 11 During visitations, the following rules shall be adhered to:
(1) During visitation, the visitors must provide their personal identifications, any accompanying person shall also be registered, obey and cooperate with the police officers’arrangement.
(2) Visitors shall not carry any weapons, cutting tools and flammable substances and other dangerous items; mobile phones, video cameras, cameras, video recording devices and other similar equipment shall not be brought into the visitation rooms and shall be placed outside in designated spots by prison for safekeeping.
(3) During visitation, Chinese language or the national language shall be used for communications, hidden languages or speaking in codes shall not be allowed.
(4) If visitors want to remit money, this can be done through the Post Office or the bank.
(5) Should visitors and inmates exchange any documents, items, this shall be applied through the prison according to the rules and for the purpose of checking and they will be allowed upon approval.
(6) Should visitors want to send medical prescriptions, the usage shall be clearly labeled in English or Chinese language and only allowed upon approval.
Rule 12 If any rules are violated during visitations by the visitors, warning shall be given and if the violations continued, then the prison will stop the visitation.
5. Communications
Rule 13 The prison will check all the documents which are sent from the consulate or the consular officers or the family members of the inmate to the inmates. If there are any documents containing any items which contravene the rules, then they will be returned to the sender and at the same time this will be recorded with reasons given for the rejection.
Rule 14 The appeals of foreign inmates, charges and complaints and letters directed to prison authorities and legal enforcement departments will not be checked by prison. Prison should not delay such letters.
Rule 15 Foreign inmates can communicate and correspond with their consulate’s office and or consular officers and family members, allowing inmate to make 1 phone call and the call will not exceed 15 minutes and the call charges to be borne by the inmate. If there is a request for more calls, then the inmate must submit for approval. If他和consulate or the consular officers wants to communicate with the inmate, then request must be submitted officially and the prison will respond after 2 working days.
6. Attachments
Rule 16 Shanghai Prison Administration Bureau shall explain these rules.
Rule 17 The effective period of this rules is 5 years, from 2011 March 1st to 2016 March 1st. The original 《Notice of Communications During Visitation for Foreign Inmates 》(Shanghai Prison Department 〔2003〕No.11) is hereby repealed.
Attachment 1:《Foreign Affairs, Consular Visits of Foreign Inmates Application Form》
Attachment 2:《Non-Chinese Family Visits of Foreign Inmates Application Form》
Attachment 3:《Chinese Family Members Visiting Foreign Inmates Application Form》