The short answer

  • Taking off your clothes and washing with soap in a scenic-area pool breaches public security administration first: intentionally exposing private parts in a public place (故意裸露身体隐私部位) is punishable by a warning or a fine of up to RMB 500, and in flagrant circumstances by detention of five to ten days.
  • The fine is only administrative liability. Having polluted the water source, the scenic area can also claim restoration costs as a civil tort — in the reported case that bill exceeded RMB 150,000, two orders of magnitude more than the fine.
  • For a foreign national the heaviest consequence is not the fine but the exit-entry one: an order to leave China within a time limit (限期出境) may be made, with the deadline for departure set at no more than 15 days; if the person does not leave on time, deportation (遣送出境) follows, with inadmissibility for one to five years.
  • An order to leave within a time limit, deportation and expulsion (驱逐出境) are three tiers: an order to leave asks you to go on time by yourself; deportation escorts you out and adds one to five years of inadmissibility; expulsion is decided by the Ministry of Public Security and carries ten years of inadmissibility.
  • An order to leave leaves a record, and any later application for a Chinese visa will require an interview; anyone entered in the national record of uncivilised tourist behaviour (旅游不文明行为记录) can be refused service by A-level scenic areas anywhere in the country for the duration of the record.

What happened

According to public reports, several male Indian tourists took off their shirts and washed themselves with soap in a decorative pool at the Shimenjian scenic area on Mount Lu, Jiangxi, beside bilingual “no swimming” warning signs, and did not come ashore when other visitors tried to stop them. The Jiujiang exit-entry administration and the culture and tourism authorities later handled the matter jointly: each was fined RMB 2,000, three were entered in the national record of uncivilised tourist behaviour, and decisions ordering them to leave within a time limit were made; to clean the pool polluted by soapy water the scenic area drained the whole pool and carried out ecological purification for dozens of days, at a restoration cost of more than RMB 150,000.

One caveat: media accounts differ on when the incident occurred. This article does not repeat the details; it discusses only the legal framework behind this handling, and the authoritative account of any individual case is the adjudicating authority’s published documents.

What law does bathing in a scenic-area pool break?

Not one provision — three layers of rules stacked together.

The first layer is public security punishment. Article 52(2) of the Public Security Administration Punishments Law provides that anyone who intentionally exposes private parts in a public place shall be given a warning or a fine of up to RMB 500; where the circumstances are flagrant, detention of five to ten days. A scenic-area pool is a place open to the public, and undressing, entering the water and washing in front of others falls squarely within that wording. Article 26(1)(2) of the same law also provides that disturbing order in a public place such as a park or an exhibition hall shall be punished by a warning or a fine of up to RMB 500; where the circumstances are relatively serious, detention of five to ten days, and a fine may also be imposed.

The second layer is the duty under the Tourism Law. Article 13 of the Tourism Law of the PRC provides that tourists shall observe public order and public morality, respect local customs, cultural traditions and religious beliefs, cherish tourism resources, protect the ecological environment and comply with the code of civilised tourist behaviour. The article itself imposes no fine, but it is the normative basis for the later finding that the person is “not suitable to continue staying or residing” in China.

The third layer is the scenic area’s own management order. Rules against entering the water and against washing are set out in the area’s management rules and on its warning signs; once they are breached, the area may order the conduct to stop, require restoration to the original state and claim damages. Foreign nationality is no defence: foreigners in China must obey Chinese law in the same way.

The RMB 2,000 fine, the RMB 150,000 restoration bill and the tourism blacklist are three different things

Many people see “RMB 2,000 each” and assume that is the end of the matter. In fact these are three different lines of liability, handled through three different procedures, and the money goes to different places.

  • Administrative fine: a penalty imposed according to law by the public security organ or the scenic-area management body. The money is paid into the state treasury and is not compensation to the scenic area; paying the fine does not discharge civil liability.
  • Civil compensation: polluting a public water source is an interference with another person’s property. Article 1165 of the Civil Code of the PRC provides that a person who through fault infringes another’s civil rights and interests and causes damage shall bear tort liability; Article 1184 provides that property loss is calculated at the market price at the time the loss occurred or by another reasonable method. The cost of draining the whole pool and of ecological purification is exactly that kind of calculable loss, and the scenic area may settle it by agreement or bring proceedings.
  • The record of uncivilised tourist behaviour: this is not an administrative penalty but a recording system. Under the Interim Measures for the Administration of the Record of Uncivilised Tourist Behaviour, records are kept for one to five years and are graded — three to five years where criminal liability is pursued, two to four years where an administrative penalty is imposed, and one to three years where no penalty is imposed but serious social impact is caused. During the record period the scenic area may refuse to provide services to the person.

Put another way: the fine deals with “you broke the order”, compensation deals with “you damaged something”, and the record deals with “whether you are welcome back”. None of the three replaces another.

An order to leave within a time limit, deportation and expulsion: what is the difference?

The three terms are often used interchangeably, but their legal consequences are very different, and for a foreign national this is the most important part of the whole affair.

  • An order to leave within a time limit (限期出境): the basis is Article 81(1) of the Exit and Entry Administration Law of the PRC — where a foreigner engages in activities inconsistent with the purpose of his stay or residence, or there are other circumstances in which, in violation of Chinese laws or regulations, he is not suitable to continue staying or residing in China, an order to leave within a time limit may be made. Under Article 33 of the Regulations on the Administration of the Entry and Exit of Foreigners, the authority making the decision must first cancel or confiscate the person’s exit-entry documents and complete the stay formalities, and then set the deadline for departure, which may not exceed 15 days. The person may still buy a ticket and leave on his own.
  • Deportation (遣送出境): the basis is Article 62 of the same law, which lists four situations — the person was ordered to leave within a time limit and did not leave within the prescribed period; there are circumstances of denial of entry; the person is staying or working in China illegally; or the person has violated this Law or other laws or administrative regulations in a way that requires deportation. The consequence is set out at the end of that article: a person deported may not enter China for one to five years from the date of deportation. The specific number of years is determined according to law by the authority making the decision, and the cost of deportation is in principle borne by the person concerned.
  • Expulsion (驱逐出境): the basis is Article 81(2) and (3) — where a foreigner violates this Law, the circumstances are serious and the conduct does not yet constitute a crime, the Ministry of Public Security may order expulsion, and that decision is final; a foreigner expelled may not enter China for ten years from the date of expulsion. If the conduct already constitutes a crime, a court may also apply expulsion independently or in addition under Article 35 of the Criminal Law of the PRC.

The three tiers form an escalating chain: first 15 days to leave on your own; if you do not go, removal under escort plus one to five years of inadmissibility; if it is serious enough for the Ministry of Public Security to act, ten years. So “an order to leave” sounds the lightest, but it is already the first link in the chain, not the last.

After being ordered to leave, can you come back to China?

You can apply, but it becomes markedly harder. Article 8(3) of the Regulations on the Administration of the Entry and Exit of Foreigners states expressly that a person who has previously been denied entry or ordered to leave within a time limit shall, as required by the visa authority stationed abroad, be interviewed. In other words, this handling enters the visa review file and must be explained in person at the next application. A person already deported falls within the denial-of-entry situations in Article 25 of the Exit and Entry Administration Law of the PRC until the inadmissibility period expires; border inspection may refuse entry directly, and may under the law decline to give reasons.

One more point: a deportation measure may be challenged by applying for administrative reconsideration, but that reconsideration decision is final (Article 64 of the Exit and Entry Administration Law of the PRC). The procedural window for relief is narrow; keeping to the rules beforehand is more useful than seeking relief afterwards.

A checklist for foreign tourists and their hosts

  • The purpose stated in your visa or residence permit is what you may do in China. A tourist visa does not permit work, a work residence permit does not permit long-term activity unrelated to work, and “activities inconsistent with the purpose of stay or residence” is the statutory gateway to an order to leave within a time limit.
  • A scenic area’s warning signs are the rules. If you cannot read Chinese, read the English panel; if you can read neither, do not do what nobody else is doing.
  • When officers check you, cooperate by producing your passport, visa or residence permit. Do not run and do not push. Obstructing official duties is itself punishable in a separate case, and it will also make the words “serious circumstances” stick.
  • Guesthouses and hotels are under a statutory duty to register foreign guests’ accommodation as required; hosts should also remind guests to observe the scenic area’s rules, and should not read “foreign affairs are never trivial” as “foreign affairs are never handled”.
  • If a dispute arises, preserve evidence first: photographs of the warning signs, on-site video, payment and communication records. If it really comes to reconsideration or to defending a claim, these are useful.

A few caveats

First, the facts in this article come from public reports, and the reports are not consistent about when the incident occurred or about the basis for the fine; some say only “under the Public Security Administration Punishments Law and the scenic area’s management regulations” without identifying the specific provisions. The articles listed above are therefore provisions that may apply, not the text cited by the adjudicating authorities. Second, the exact duration of a record of uncivilised tourist behaviour is subject to the published documents of the culture and tourism authorities, and practice varies from place to place. Third, discretion in like cases varies widely: one person who enters the water and gets out when asked, and three who keep going after being asked to stop, will not end the same way.

Foreign nationality is neither a talisman nor an aggravating factor; it simply adds one more line of consequence under exit-entry law to the same conduct. Guests who keep to the rules are welcome in China; those who do not are fined where a fine is due and asked to leave where departure is due. If you face questions about a foreign national’s residence in China, visa extension, an order to leave within a time limit or deportation, you are welcome to contact Wang Xin: phone 186-0113-9509, WeChat wang223040.

Quick answers

What law did the foreign tourists break by bathing in a scenic-area pool?
Mainly the Public Security Administration Punishments Law: Article 52(2) punishes intentionally exposing private parts in a public place with a warning or a fine of up to RMB 500, or detention of five to ten days where the circumstances are flagrant; Article 26(1)(2) covers disturbing order in a public park. Article 13 of the Tourism Law adds a duty to observe public order and civilised-tourist rules, and the scenic area may also require restoration and claim damages.
What is the difference between an order to leave within a time limit, deportation and expulsion?
An order to leave within a time limit asks the foreigner to go by a set date, at most 15 days. Deportation is removal under escort, with inadmissibility for one to five years. Expulsion is decided by the Ministry of Public Security, is final, and carries ten years of inadmissibility.
After being ordered to leave China, can the person still apply for a Chinese visa?
Yes, but a previous denial of entry or order to leave within a time limit means an interview at the visa authority abroad. Someone already deported remains inadmissible under Article 25 of the Exit and Entry Administration Law until the ban expires, and border inspection may refuse entry without giving reasons.

This is an English edition of Wang Xin’s original Chinese article, 外国游客在庐山景区水池里打肥皂洗澡：罚2000、拉黑、限期离境，这套处罚是怎么来的？. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.