A Guide for Overseas Chinese Clients
If you are an overseas Chinese national โ living in Hong Kong, Macau, the United States, Canada, Australia, or Europe โ and you or a family member is under investigation or facing criminal charges in mainland China related to securities, this guide explains what you need to know and how to act.
1. What Are Securities Crimes in China?
2. Who Enforces Securities Law in China?
๐๏ธ CSRC (China Securities Regulatory Commission)
Primary market regulator. Conducts administrative investigations, imposes fines and market bans, and can refer suspected crimes to police (็งป้ๅ ฌๅฎๆบๅ ณ).
๐ฎ Public Security Bureau (Police)
Investigates suspected crimes. Can impose criminal detention (ๆ็) and request arrest. This is where the case escalates from regulatory to criminal.
โ๏ธ People's Procuratorate
Reviews the police investigation and decides whether to prosecute. A decision not to prosecute (ไธ่ตท่ฏ) is a real defense victory.
๐๏ธ People's Court
Conducts the trial and imposes the final sentence. Defense strategy shapes the legal characterization that fixes the sentencing range.
3. The Defense Process Step by Step
Step 1 โ Regulatory Stage
If the CSRC is investigating, respond carefully and strategically. Hire counsel before submitting any written response. Never destroy evidence.
Step 2 โ Criminal Investigation
If detained, you have the right to a lawyer within 48 hours of first interrogation. Counsel can meet you, review the file, and apply for bail pending trial (ๅไฟๅๅฎก).
Step 3 โ Procuratorate Review
Counsel submits written defense opinions and pursues non-prosecution. Weak-evidence cases are often won at this stage.
Step 4 โ Trial
Challenge evidence, legal characterization, and sentence proportionality. The precise charge determines the sentencing range.
4. Special Considerations for Overseas Chinese
๐ฃ๏ธ Language
Legal documents are in Chinese. Our firm communicates in Mandarin, Cantonese, and English.
๐ Power of Attorney
If you are abroad, you can execute a power of attorney remotely; family members in China can also engage counsel on your behalf.
๐ Cross-Border Risk
If the U.S. SEC or Hong Kong SFC is also investigating, you face dual enforcement. Statements to one regulator can be shared with the other.
๐ Immigration Impact
A conviction in China may affect travel and visa status โ an additional reason to pursue non-prosecution or acquittal aggressively.
5. How to Choose a Securities Crime Defense Lawyer
6. Read More
Cross-Border Enforcement: SEC & CSRC
How dual-regulator investigations work and how to coordinate a defense across jurisdictions.
Read in English โInsider Trading Defense in China
Legal framework, penalties, proven defense strategies, and FAQs.
Read in English โ