By Ryan Ulrich
The recent execution of Akmal Shaikh, a British citizen arrested while entering the Xinjiang Uyghur Autonomous Region with four kilograms of heroin, is, in my opinion, a rare exception.
It's more usual for foreigners to get soft sentences, or no sentence at all, for offences they commit here.
This case highlights the perceptions of the law in China by foreigners. Many think they are above the law and sometimes the treatment they receive seems to confirm this.
That's why when foreigners are prosecuted for crimes it can seem even more shocking. The myth of invincibility is destroyed.
Part of the reason for this belief, however, also stems from the system and the way foreigners have been treated.
This includes being generally ignored by the police for the use of drugs, working illegally, running illegal businesses or being deported for political crimes for which Chinese citizens might face long prison sentences.
In fact, some foreigners in China seem to come here explicitly because they feel that the law does not apply to them.
Whether it's pedophiles in Chinese schools, drug dealers in clubs, businessmen wanting to make a quick buck, or political activists who scoff at Chinese laws, it seems some people feel that China is the lawless "Wild East."
And this attitude seems to be even more prevalent in other Southeast Asian countries.
I know several expats who buy and use drugs here in China.
They usually do not seem worried about getting caught and either don't care or don't think that any kind of harsh sentence would be applied to them.
Drugs are available in clubs with the tacit agreement of the management and security.
I've even seen a sign written in code at a local sandwich shop to buy marijuana with a phone number attached.
Many foreigners here are working illegally, some knowingly and others unintentionally. I have frequently encountered this in English teaching.
Teachers may have the wrong visa to work, such as a tourist visa, and be engaged in full-time employment.
However, often the English teaching company is complicit in this arrangement, such as by providing an agency to find the visa for the worker, or doesn't pay for the required taxes on the salary for the instructor. Several of my friends at schools in Nanjing have had this happen.
Much of the English teaching that does go on, especially for private tutoring, is under the table cash business.
Indeed, that is part of the appeal of this type of work, which is seldom declared on income taxes.
Another aspect is illegal or unregistered businesses.
There are many instances of foreigners seeking legal counsel after a profitable but unregistered business that they have set up in China is shut down by the local authorities.
It seems that many of these instances of tax evasion were done so to make the companies "more competitive."
Part of the rationale has also been that a bribe would solve the problem, or that the Chinese system was so corrupt that no one paid taxes anyway.
It's important that information about the law is available to foreigners so that they are more aware of their rights as well as their infractions.
Better knowledge of the law may function as a deterrent to some who wish to overtly engage in illegal activities, as well as guarantee law-abiding expats protection.
As China continues its legal reforms and the practice of law becomes more systematic, everyone in China, both foreign guests and Chinese citizens, will benefit.
Foreigners used to have the right of extraterritoriality in China, meaning they couldn't be judged by local courts. Some need to learn this is no longer their right.
