The ongoing case of a Canadian tourist who accidentally knocked over an elderly Chinese woman on the Great Wall, resulting in her death, has prompted widespread media interest and discussion about lawsuits involving foreigners in China.

　　Beijing's Huairou district court has initiated procedures to prevent Canadian Julie Fortin from leaving China while awaiting the result of a civil lawsuit filed by the family of the deceased for the death of 73-year-old Cui Hongfang on April 8, the Beijing News reported.

　　Cui hit her head on the corner of a stone wall after colliding with Fortin, and died as a result of her injuries before the arrival of emergency services. Police declined to press criminal charges as she is not criminal liable.

　　Fortin originally had plane tickets to leave China on April 11, according to the report.

　　Zhang Weibo, a partner at Yingke Law firm with experience in cases involving foreigners in China, said the case was a reminder for tourists and expats working and living in China to be aware of what they can do if they find themselves in a situation involving the law.

　　"Due to different legal systems, foreigners might find themselves facing unexpected legal issues," said Zhang.

　　Facing a lawsuit

　　According to the Law of the People's Republic of China on the Control of the Entry and Exit of Foreign Nationals, foreigners who are involved in a civil lawsuit can be prevented from leaving the country if a court with jurisdiction so determines.

　　Zhang said that Fortin's departure from the country would make it considerably more difficult for the family of the deceased to obtain compensation for Cui's death, since it would substantially affect the ability of the court to enforce its rulings.

　　According to Zhang, in China, cases are divided into public security cases and criminal cases.

　　Public security cases involve acts that are ajudged to break the public security administration punishment law, but are not criminal offenses.

　　Criminal cases, under the Chinese law, are reserved for serious crimes such as murder or jeopardizing national security.

　　Police have the right to detain suspects in both public security cases and criminal cases.

　　Zhang's advice to foreigners who find themselves facing criminal or civil proceedings was to contact their embassy and to get in touch with a Chinese lawyer.

　　"Under general circumstances, if a foreigner is detained, the police will contact the corresponding embassy, and the embassy will send people to give advice," said Zhang.

　　Common disputes

　　Zhang said the most common issues that foreigners faced regarding the law in China were "being scammed, stolen from, or being involved in traffic accidents."

　　Zhang's advice for foreigners who find themselves in such situations was to go to police, but Arti Xia, a Beijinger who has hosted hundreds of foreign tourists at his two courtyard properties in Beijing, said that guests of his who encountered such situations rarely took such measures.

　　Xia said that in crowded tourist areas in Beijing such as those near the Forbidden City and Tiananmen Square, tourist scams including being overcharged at restaurants or by taxi drivers were common.

　　"Most of the annoying situations that foreigners encounter are quite petty," said Xia. "But most tourists just accept [being ripped off] because they don't want any trouble."

　　Xia gave the example of a mother and daughter he hosted from Argentina who were charged 500 yuan ($80.7) for two cups of coffee at a café.

　　"They were worried about their safety and paid anyway," said Xia.

　　Zhang said that in cases where foreigners did seek recourse in the law, they would be fairly treated.

　　Last summer, Zhang represented the family of a Mongolian woman who was killed in a hit-and-run near Sanlitun in Chaoyang district.

　　The driver involved in the incident later turned himself in. After establishing the facts and proving familial relations between the claimants and the deceased in accordance with Chinese law, the woman's family eventually received 820,000 yuan in compensation, said Zhang.

　　The driver was sentenced to one year in prison.

　　Know the system

　　Zhang said that it was important for foreigners to know that there might also be differences between the law in China and in their home countries.

　　Zhang is now involved in a case with a Ukrainian student who got on his motorcycle after drinking beer and ended up driving it into a tree by the roadside.

　　The student was detained by police on suspicion of drunk driving.

　　"After meeting with [the student], I learned that it was not a criminal offence to drive after drinking a small amount of beer in Ukraine," said Zhang. "[He] broke China's Criminal Law unknowingly."

　　Another potential issue foreigners should be aware of, said Zhang, is that to sell or possess marijuana is not legal in China.

　　Zhang said he was aware that in some countries, possession or sale of marijuana is not a criminal offence, and so some foreigners in China might be mistaken.

　　For public security cases, police have the power to punish a suspect, including issuing fines if they have absolute proof. They can also detain a suspect for up to 15 days without trial, and up to 20 days for more than one charge.

　　For criminal proceedings, police must submit an application to the procuratorate formally arrest the suspect within three days. Under some specific circumstances, the period of detention can be extended.

　　In most cases, said Zhang, if the alleged crime was committed while in China, foreigners are subject to China's laws.

　　If a foreigner is found guilty of committing a crime in China, said Zhang, there are several possible outcomes.

　　"Foreigners can only be repatriated back to their home countries, or 'deported' after the case has been dealt with, sometimes after they've served a sentence," said Zhang. "Foreigners who are deported can not return to China within five years."

　　The rule of law

　　With over 26 million inbound tourists to the mainland last year, according to the China National Tourism Administration, and about 600,000 foreigners living on the Chinese Mainland, according to the sixth national census in 2010, the relationship of foreigners to the law is an important issue in China.

　　In response to the growth of foreign enterprises and investment in China, new laws and clauses had been introduced to govern over trade and foreign interests in the country, according to Xinhua News Agency report last October.

　　Zhang Li, a criminal prosecutor at the Chaoyang district procuratorate, told news portal qianlong.com that until March 17, the procuratorate has dealt with 83 criminal cases involving foreigners.

　　Criminal cases, including drug trafficking and theft accounted for 30 percent of the cases, said Zhang Li, and cases involving the endangering of public security and illegal migration were on the rise.

　　As for Fortin's case, Chen Yan, an international lawyer in Beijing, said that she would be able to leave the country after her civil case had been resolved.

　　"Based on our experience in dealing with international cases, our advice to foreigners involved in any kind of [legal] crisis is to immediately report to their embassies in China and seek help or counsel from a Chinese lawyer," said Chen. "When it's a criminal case, the Chinese police will always be involved and judicial procedures will be strictly carried out according to regulations."

　　Chen reminded foreigners in China who are not staying at hotels that it is crucial to register at a local police station within 24 hours of their arrival.

　　For more detailed information regarding what your rights are as a foreigner in China and the legal protocol that will be followed if you are arrested, consult: http://onestop.globaltimes.cn/what-are-my-rights-if-i-am-arrested-in-china/