South African woman jailed in China after going to teach English

Source: https://ewn.co.za;news24.com; iol.co.za

EnglishTeacher;JobTubeDaily;TheWaijiao

A 19-year-old East London woman, Tristan-Lee Niemand, has been held in a Chinese prison for almost a month, Dispatch Live has reported.

Stacey-Lee Bridger says that her 19-year-old daughter Tristan-Lee Niemand has been detained since 16 November.

She was arrested for not having a work permit after her recruitment agency had promised to arrange this for her once she arrives in China. However, this never materialised.

Bridger says she's been pleading with the Chinese consulate and the South African officials.

“She’s a South African citizen. When she’s there she has a consulate or embassy that’s supposed to look after her when she faces trouble, but they have totally blindsided her. They haven’t even visited her.”

According to a Back-a-Buddy page ‘Bring Tristan Lee home’ set up by her father Richard Bridger, a high-ranking Chinese official had been involved with the agency in defrauding the Chinese government. 

“Our darling child Tristan Lee was detained in China on the 16 of November. There has been a number of cases like this but Tristan’s case has a terrible twist as the agency had a high ranking Chinese government official involved with the agency defrauding the government and because of this, it is a case of national security.” an extract from the Bring Tristan Lee statement reads. 

More details as to the case

Niemand, who was planning to teach English in the country, was reportedly arrested on November 16 for having the incorrect visa to teach English in the city of Nanjing.

According to EWN, her mother, Stacey-Lee, is begging authorities to help secure her daughter's release.

According to her mother, Tristan-Lee was arrested for not having a work permit to teach in China. This after a recruitment agency had reportedly promised to get her the necessary documents to work legally in the country.

Netwerk24 reports that Tristan-Lee is being kept in dire conditions and has not had contact with her parents in East London.

Department of International Relations and Cooperation (Dirco) spokesperson Ndivhuwo Mabaya confirmed to Die Burger that Tristan-Lee was being held in a Nanjing jail. "She does not have the correct visa to work there," Mabaya reportedly said.

News24 attempted to contact Mabaya, but the call went unanswered.

Scammed

Tristan-Lee's mother told EWN that she had been pleading with the Chinese consulate and South African officials.

"She's a South African citizen. When she's there she has a consulate or embassy that's supposed to look after her when she faces trouble, but they have totally blindsided her. They haven't even visited her," she is quoted as saying.

In June, the Chinese government released 51 aspiring South African teachers who were stranded in the country after being scammed.

Some of the teachers had been in the country since June 2017 and others since April this year.

The group had been held in China to testify against their agent, who had brought them from SA to teach in Asia.

It is alleged that Owen Wang, who claimed to represent Sanda Youth International, enticed the group to fly to China on study visas, on the understanding that they would get work visas once there.

They were detained because they had broken immigration laws, but the Chinese government acknowledged that they had been scammed.

Similarly, Netwerk24 reports that Tristan-Lee is being held to testify against recruitment agencies that promise applicants work visas after a training period.

More than 100 South Africans detained in China in 2018

A fellow teacher who had also been arrested but who had managed to leave 8 days later had gotten word to Richard that his daughter was alright but that the conditions at the detention centre were terrible. The distraught parent was advised to prepare for a traumatised child, should she return home.

The Department of International Relations and Cooperation (Dirco) says that 48 South Africans are currently detained in China.

Dirco’s Ndivhuwo Mabaya says over 100 South Africans have been arrested for visa violations this year.

Chinese authorities have informed Dirco that Niemand will be appearing in court next week.

“The consulate says the young lady is well. She is in prison, so you can’t be well when you’re in prison. We’re engaging with authorities, so that at least when she appears in court she will be given bail. It looks like the agent misled them.”

At the same time, Dirco has expressed concern about South Africans detained abroad.

Mabaya says the 48 South Africans who are currently detained in China are part of more than 800 who are incarcerated in prisons across the world for visa-related violations, drug-related charges and various other offences.

JOHANNESBURG - At least 800 South Africans are detained in foreign countries, with 98 of them nabbed in China for visa-related offences, the department of international relations and cooperation said on Wednesday.

Around 21% of them are detained in South America for drug trafficking, said spokesman Ndivhuwo Mabaya. The 98 arrested in China were nabbed in the past six months.

"As we approach the festive season, International Relations and Cooperation Minister Lindiwe Sisulu expressed serious concern about South Africans being arrested or detained across the world as a result of these offences."

"The minister calls on travelling South Africans to register with Dirco or with the South African diplomatic missions abroad and ensure that they have the right travelling documents."

Additionally, more than 100 young South Africans who travelled earlier this year to teach English in China where detained, cautioned or questioned regarding visa violations. Sisulu said she would engage her Chinese counterparts on the young South Africans detained in China. 

“Young people who seek to teach in China must make sure that they consult the Chinese Embassy and verify the agents who are arranging their travel. 

The responsibility to ensure they have the correct visa for working abroad still rests with the individual," said Sisulu.

What the Law Says

The Law for Illegal Employment

According to the Exit and Entry Administration Law of the People’s Republic of China. Foreign employees who fail to obtain work permit and residence permit as required may be deemed to reside or work in China illegally, in such case, both employer and employee will be punished accordingly by relevant authorities.

Punishments on foreigners illegal employment

Employee

Warning, with a fine of RMB5,000 but not more than RMB20,000;

Where the consequences are serious, they shall be detained for not less than five days and not more than fifteen days and shall be fined with cash penalty not less than RMB5,000 but not more than RMB20,000.

Illegal Employment in China

Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit.

Middle person(Entity/Agent)

Persons who introduce jobs ineligible foreign employees shall be fined ranging from RMB5,000 to RMB50,000 for each illegal job introduction.

Entities that introduce jobs to ineligible foreign employees hall be fined ranging from RMB5,000 to RMB100,000 for each illegal job introduction; and any illegal gains shall be confiscated.

Employer

Entities that illegally employ foreign employees shall be fined ranging fromRMB10,000 to RMB100,000 for each illegally employed foreign employee; and any illegal gains shall be confiscated.

If the consequences above are serious, the foreign employee may be expelled and not allowed to enter China for one to five years, calculating from the date of the banishment.

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