Need legal help! Urgent

I got into trouble when I traveled to China, I exit through Taiwan and I was detained by the Chinese cops for “economic related matter”.
I went to court and I got sentenced for a fine
I want to return to Taiwan but I don’t know if there are any legal issues. The Chinese authorities told me they have informed Taiwan when I was arrested because I resided in Taiwan.
I did not commit any crime in Taiwan
Will I be blacklisted or summoned for investigation if I return to Taiwan?

What didya do?

I know an emoticon is not a valid response, but:

:popcorn:

Anyway, if the OP is sure he committed no crime under Taiwanese law, has a valid (P)ARC, and has not been notified of its cancellation, I don’t see what the problem is.

As my name suggested I am an air-soft and military items dealer. I’ve sold air-soft guns to China yet the Chinese government accuses me of “breaking their law”, this is a wrongful conviction and injustice treatment but it took me months to settle this legal issue.

A quick Google seems to state that airsoft is illegal in China.

Don’t sugar coat it. What did you do exactly and what was the penalty?

Where are you now? As for having any possible legal issues if you return to Taiwan: You could face an investigation into any illegal activities you have been involved in if the Taiwanese authorities take any Chinese police reports seriously. You would want to ensure that you haven’t been doing anything illegal during any of the times you’ve been in Taiwan. If you aren’t guilty of wrong doing of any type, you’ve got nothing to worry about.

What you actually mean to say is that you simply haven’t been caught, yet. Working and residing in Taiwan on a visitor visa without a work-permit or ARC is committing a crime. Just because you haven’t been caught yet, doesn’t mean you haven’t been breaking the law. Here’s a posting you made on 11-01-2013.

[quote=“Northcoast Surfer”][quote=“Militarygamer on November 1, 2012”]

I got hired, but I have to travel

I am working in a white collar job, [color=#FF0000]I do not have an ARC so I still do visa runs[/color]. I need to travel to US with my company for a business trip. Will I get into trouble at the airport? This time I am traveling with my colleagues I will exit and enter Taiwan with my US passport.[/quote]
If asked by Taiwan immigration…DON’T SAY ANY OF THE FOLLOWING… :no-no:

  1. I’m not really a tourist and I’m actually residing in Taiwan without an ARC.

  2. I’m employed illegally without a proper work-permit.

  3. I’m not paying taxes on the illegal income that I’m earning from my illegal job.

Just continue to lie about why you’re in Taiwan and your true intentions. If you tell the truth, it will come of no good. Integrity doesn’t exist in Taiwan anyway, so you should be good to go! :bow:[/quote]

Then there’s this posting you made on 6-8-2012. Kind of a harbinger of things to come perhaps?

[quote=“Militarygamer on June 8, 2012”]

Fake ARC, chances of getting caught?

People here tell me they use fake degrees to find teaching jobs. I do not need a fake degree, I want a non-teaching job but the law of the Republic of China is very restrictive, employers cannot hire me because of the 2 year and 48000 income rule, while more are unfamiliar with the law and do consider foreign candidates at all. Every time I go to an interview, they shall ask me do I have an ARC or some kind of ID that makes me qualify to work otherwise they can’t hire me. [color=#FF0000]I am fed up living like an illegal immigrant[/color], I have an impressive degree but prospective jobs are not open to me because I don’t have an ARC/ID. I’ve heard foreign workers using fake ARCs on the news, [color=#FF0000]what are the chances of getting caught and what will happen to me? Will I get deported, imprisoned or both?[/color][/quote]
What are the chances? Hmmmm. I’d say pretty good. :ponder:

It depends.

Are you still residing in Taiwan on a visitor visa? Do you still do visa runs? Are you still working illegally without a work-permit, without an ARC, without reporting your illegal income and without paying taxes on your illegal income? If the Taiwanese authorities open up an investigation into your activities in Taiwan, could you stand up to the scrutiny?

Yah:

[quote=“wikipedia”]In the People’s Republic of China, airsoft guns, and all forms of military fire arms, are not legal. People do, however, buy and store them illegally. Most of the games were hosted by unsanctioned and illegal means. Sales and storage of airsoft guns is also illegal in Mainland China.
http://en.wikipedia.org/wiki/Legal_issues_in_airsoft#China
[/quote]

You did everything illegal, and we’re not talking “teaching kindy” legal, but illegally selling firearms.

No idea if your treatment was fair nor not (its China, so I suppose it wasn’t) but you fully, totally and completely, broke the law BIG time.

Good luck, I hope everything works out.

Don’t sugar coat it. What did you do exactly and what was the penalty?

Where are you now? As for having any possible legal issues if you return to Taiwan: You could face an investigation into any illegal activities you have been involved in if the Taiwanese authorities take any Chinese police reports seriously. You would want to ensure that you haven’t been doing anything illegal during any of the times you’ve been in Taiwan. If you aren’t guilty of wrong doing of any type, you’ve got nothing to worry about.

What you actually mean to say is that you simply haven’t been caught, yet. Working and residing in Taiwan on a visitor visa without a work-permit or ARC is committing a crime. Just because you haven’t been caught yet, doesn’t mean you haven’t been breaking the law. Here’s a posting you made on 11-01-2013.

[quote=“Northcoast Surfer”][quote=“Militarygamer on November 1, 2012”]

I got hired, but I have to travel

I am working in a white collar job, [color=#FF0000]I do not have an ARC so I still do visa runs[/color]. I need to travel to US with my company for a business trip. Will I get into trouble at the airport? This time I am traveling with my colleagues I will exit and enter Taiwan with my US passport.[/quote]
If asked by Taiwan immigration…DON’T SAY ANY OF THE FOLLOWING… :no-no:

  1. I’m not really a tourist and I’m actually residing in Taiwan without an ARC.

  2. I’m employed illegally without a proper work-permit.

  3. I’m not paying taxes on the illegal income that I’m earning from my illegal job.

Just continue to lie about why you’re in Taiwan and your true intentions. If you tell the truth, it will come of no good. Integrity doesn’t exist in Taiwan anyway, so you should be good to go! :bow:[/quote]

Then there’s this posting you made on 6-8-2012. Kind of a harbinger of things to come perhaps?

[quote=“Militarygamer on June 8, 2012”]

Fake ARC, chances of getting caught?

People here tell me they use fake degrees to find teaching jobs. I do not need a fake degree, I want a non-teaching job but the law of the Republic of China is very restrictive, employers cannot hire me because of the 2 year and 48000 income rule, while more are unfamiliar with the law and do consider foreign candidates at all. Every time I go to an interview, they shall ask me do I have an ARC or some kind of ID that makes me qualify to work otherwise they can’t hire me. [color=#FF0000]I am fed up living like an illegal immigrant[/color], I have an impressive degree but prospective jobs are not open to me because I don’t have an ARC/ID. I’ve heard foreign workers using fake ARCs on the news, [color=#FF0000]what are the chances of getting caught and what will happen to me? Will I get deported, imprisoned or both?[/color][/quote]
What are the chances? Hmmmm. I’d say pretty good. :ponder:

It depends.

Are you still residing in Taiwan on a visitor visa? Do you still do visa runs? Are you still working illegally without a work-permit, without an ARC, without reporting your illegal income and without paying taxes on your illegal income? If the Taiwanese authorities open up an investigation into your activities in Taiwan, could you stand up to the scrutiny?[/quote]

This is a complicated case I do not wish to go into details, they charged me with “smuggling general goods” based on guns I’ve shipped. I was fined for 2 million yuan, I did not receive a prison sentence but I’ve spent millions on the case and I have already paid my price, I’ve got a record now. You have no idea what I went through…
I did not have chance to travel as I lost my job before all this occurred, they put me down in China.
I’m unemployed and not working now.
I’ve to start my life all over again.
I just hope I could return without getting into trouble, I’ve already been through a hard time in China I do want to be detained or perhaps go to jail in Taiwan.

Correct me if I’m wrong (I really mean that) but basically it sounds like you’re unclear on the division between China and Taiwan. They are administered by separate governments each with a unique set of laws, so what’s illegal in one place may not be in the other, and punishments will differ as well. If you committed a crime in China, Taiwan probably doesn’t care, and vice versa – UNLESS you commit the crime and flee, in which case both sides are more than happy to extradite you to the other. But that doesn’t sound like it applies in your case.

You got caught for doing something illegal in China, punished, and let go; Taiwan doesn’t have anything to do with this unless you’re committing a crime here, too. Your Chinese criminal record will not show up to Taiwanese authorities. For all intents and purposes, these are two different countries.

This seems highly unlikely. Airsoft is a popular pastime in Taiwan, and I very much doubt there is any police co-operation regarding anything other than high-profile crimes (murder, fraud, etc). It’s simply not worth their while.

Your visa/work permit violations OTOH … another story. If you come back here, do things by the book. It’s not difficult or expensive.

[quote=“Hokwongwei”]Correct me if I’m wrong (I really mean that) but basically it sounds like you’re unclear on the division between China and Taiwan. They are administered by separate governments each with a unique set of laws, so what’s illegal in one place may not be in the other, and punishments will differ as well. If you committed a crime in China, Taiwan probably doesn’t care, and vice versa – UNLESS you commit the crime and flee, in which case both sides are more than happy to extradite you to the other. But that doesn’t sound like it applies in your case.

You got caught for doing something illegal in China, punished, and let go; Taiwan doesn’t have anything to do with this unless you’re committing a crime here, too. Your Chinese criminal record will not show up to Taiwanese authorities. For all intents and purposes, these are two different countries.[/quote]

I know 2 countries have separate laws and no jurisdictions over each other. But as soon as I was detained at the airport, the Chinese cops told me they’ll inform Taiwan authorities the place I resided and exited from due to some kind of policy. Taiwan will or may now know I have been arrested and charged, I don’t know will it affects me if I re-enter the country. People may be refused entry, deported or investigated if they hold a criminal record and I have no idea what information the Chinese cops passed on to them.

The simplest option would be to hire a (Taiwanese) lawyer and ask him to find out for you. Not cheap (probably ~NT$50K) but 100% effective. The Chinese cops were most likely just winding you up. This is a third-world dictatorship we’re talking about here. Police professionalism is strictly optional.

If you want to try your luck, the worst that can happen to you is that you’ll be refused entry: remember, you’re not technically “in” Taiwan until you pass border control. You will not be arrested at the airport for a crime committed abroad which is not a crime in Taiwan, unless you are on the run from the law (which you are not) and the authorities are under some obligation to return you to foreign “justice” (which they are not). You’ve served your time. End of story.

Unless … your crime involved some sort of cross-border shenanigans …?

It is difficult in the OP’s case because he does not have the requisite two years of experience for getting a job in Taiwan. Stupidest rule ever.

Here’s a question, if you aren’t employed, why so eager to get back into Taiwan? If you get turned away at the airport just go somewhere else. :2cents:

[quote=“finley”]The simplest option would be to hire a (Taiwanese) lawyer and ask him to find out for you. Not cheap (probably ~NT$50K) but 100% effective. The Chinese cops were most likely just winding you up. This is a third-world dictatorship we’re talking about here. Police professionalism is strictly optional.

If you want to try your luck, the worst that can happen to you is that you’ll be refused entry: remember, you’re not technically “in” Taiwan until you pass border control. You will not be arrested at the airport for a crime committed abroad which is not a crime in Taiwan, unless you are on the run from the law (which you are not) and the authorities are under some obligation to return you to foreign “justice” (which they are not). You’ve served your time. End of story.

Unless … your crime involved some sort of cross-border shenanigans …?[/quote]

Thanks for your advice.
Haha, the bastards in China simply detained me at the airport when I passed through customs, no right to a phone call, no immigration records, refused to answer my questions until their superior arrives, sent officers to escort me when I go the to bathroom and later announced my “arrest”. My friends and family simply thought I was kidnapped when I did not return, even though of calling the cops in Taiwan. Just thinking about it now gives me the nerves, that’s why I ask this question, even if it’s a silly one, I need to make sure I am safe.

[quote=“Militarygamer”]
This is a complicated case I do not wish to go into details, they charged me with “smuggling general goods” based on guns I’ve shipped. I was fined for 2 million yuan, I did not receive a prison sentence but I’ve spent millions on the case and I have already paid my price, I’ve got a record now. You have no idea what I went through…
I did not have chance to travel as I lost my job before all this occurred, they put me down in China.
I’m unemployed and not working now.
I’ve to start my life all over again.
I just hope I could return without getting into trouble, I’ve already been through a hard time in China I do want to be detained or perhaps go to jail in Taiwan.[/quote]

I’m not sure what’s complicated about it. You tried to take illegal weapons into a foreign country and got caught. You’re probably very lucky that you only got a fine and no jail time. If you tried to take illegal weapons into the US or Australia or any other western country, you’d almost certainly be looking at a prison sentence.

While the Chinese authorities are often known to overstep the mark, based on what you’ve told us here, I can’t see anything they did differently to what any other police / customs authority anywhere in the world would have done.

Learn from it and in future don’t break the law.

Is this what people are so worried about? :ponder:

alibaba.com/product-gs/88536 … y_gun.html

[quote=“zender”]Is this what people are so worried about? :ponder:

alibaba.com/product-gs/88536 … y_gun.html[/quote]

That could easily take someone’s eye out. I say BAN!

[quote=“cfimages”][quote=“Militarygamer”]
This is a complicated case I do not wish to go into details, they charged me with “smuggling general goods” based on guns I’ve shipped. I was fined for 2 million yuan, I did not receive a prison sentence but I’ve spent millions on the case and I have already paid my price, I’ve got a record now. You have no idea what I went through…
I did not have chance to travel as I lost my job before all this occurred, they put me down in China.
I’m unemployed and not working now.
I’ve to start my life all over again.
I just hope I could return without getting into trouble, I’ve already been through a hard time in China I do want to be detained or perhaps go to jail in Taiwan.[/quote]

I’m not sure what’s complicated about it. You tried to take illegal weapons into a foreign country and got caught. You’re probably very lucky that you only got a fine and no jail time. If you tried to take illegal weapons into the US or Australia or any other western country, you’d almost certainly be looking at a prison sentence.

While the Chinese authorities are often known to overstep the mark, based on what you’ve told us here, I can’t see anything they did differently to what any other police / customs authority anywhere in the world would have done.

Learn from it and in future don’t break the law.[/quote]

First of all I did not take any weapon when I entered China. They first tried to charge me “selling arms” when they cannot gather sufficient evidence they changed the charge to “smuggling”, this was clearly judiciary persecution, if you still believe China has justice. All I did was mailing air-soft guns and there was only 2 based on what they have confiscated, in any country except China I would have committed no crime. I was told that in China, once you get arrested the police wouldn’t let you go easily as this would make them lose face. Presumption of innocence does not exist in China, my friend.

[quote=“Militarygamer”][quote=“cfimages”][quote=“Militarygamer”]
This is a complicated case I do not wish to go into details, they charged me with “smuggling general goods” based on guns I’ve shipped. I was fined for 2 million yuan, I did not receive a prison sentence but I’ve spent millions on the case and I have already paid my price, I’ve got a record now. You have no idea what I went through…
I did not have chance to travel as I lost my job before all this occurred, they put me down in China.
I’m unemployed and not working now.
I’ve to start my life all over again.
I just hope I could return without getting into trouble, I’ve already been through a hard time in China I do want to be detained or perhaps go to jail in Taiwan.[/quote]

I’m not sure what’s complicated about it. You tried to take illegal weapons into a foreign country and got caught. You’re probably very lucky that you only got a fine and no jail time. If you tried to take illegal weapons into the US or Australia or any other western country, you’d almost certainly be looking at a prison sentence.

While the Chinese authorities are often known to overstep the mark, based on what you’ve told us here, I can’t see anything they did differently to what any other police / customs authority anywhere in the world would have done.

Learn from it and in future don’t break the law.[/quote]

First of all I did not take any weapon when I entered China. They first tried to charge me “selling arms” when they cannot gather sufficient evidence they changed the charge to “smuggling”, this was clearly judiciary persecution, if you still believe China has justice. All I did was mailing air-soft guns and there was only 2 based on what they have confiscated, in any country except China I would have committed no crime.[/quote]

They are illegal. Doesn’t matter whether you mailed them, carried them, shipped them or teleported them. They are still illegal. Even in places such as Australia, Canada etc, where they are allowed, the importation of them is illegal without the proper firearms permits.

Australia - [quote]Importation of Airsoft guns - regardless of their legal status by State - requires an Australian Customs B709 Importation of Firearms – Police Confirmation and Certification Form.

Airsoft is regulated under the Firearms Act 1996 that classifies them as firearms which the New South Wales police do not allow any genuine reason for.
Airsoft articles are not permitted in Victoria under the Victorian Legislation and Victoria Police will not issue any authorisation for their importation on the basis that no genuine reason exists to own them, because there is no approved range in Victoria
Airsoft articles are not permitted in Western Australia and Western Australian Police will not issue any authorisation for their importation.
Airsoft firearms of any description are prohibited in the NT[/quote]

Canada - [quote]However, the Canada Border Services Agency generally seizes all airsoft guns imported by individuals,[9] only allowing importation to merchants with a Business Firearms Licence endorsed for replica firearms[/quote]

UK - [quote]According to Section 36 of the VCRA (Violent Crime Reduction Act 2006), which came into effect on 1 October 2007, RIF’s (Realistic Imitation Firearms) may not be sold, imported or manufactured.[/quote]

etc

OK, so “based on what they confiscated”, you only broke the law 2 times (ie, you have pretty much just admitted to sending more than 2).

By your logic, if one is to mail heroin to China…its not a big deal, so long as you do not physically bring it with you when you arrive? “Sorry judge, all I did was mail it…and though I mailed tons of heroin, they only found 2 packages, so I committed no crime.” :whistle: :liar: