Jiangsu Couple with Foreign Green Card Fined 250,000 RMB for Second Birth

• Author: Xu Zhengcheng et al

In April and November 2008, a couple surnamed Yin and Gong of Jiangsu Province Changzhou City Wujin District obtained certificates of permanent residence from the Republic of Niger. In March 2009, the wife gave birth to another son in Hong Kong. Upon returning to their homeland with the newborn, the family planning office required them to pay a social maintenance fee of 250,000 RMB.

Yin and Gong have initiated administrative litigation in court, requesting the court to annul the family planning office’s decision on the social maintenance fee. They claimed that since they had already obtained overseas Chinese status, the second birth was not in violation of the Law on Population and Family Planning.

The court determined that Yin and Gong could not be regarded as overseas Chinese. The term “overseas Chinese” refers to Chinese citizens residing in other countries. A “resident in another country” is defined as a Chinese...