Should You Fly to China? Three Cases Where the Trip Pays Off

The embassy calls, or the family gets word from a colleague, and the first question is not legal at all: do I buy a ticket and fly over? Sometimes the flight is worth it. Sometimes you fly twenty hours and spend the days in a hotel, because the one thing you came for — seeing him — is the one thing the law does not permit at this stage.

What the Trip Cannot Do

During the investigation stage, the family cannot see the detainee, and the police will not discuss the case with them. That is not a matter of discretion or of how convincingly you ask. It is the structure of the pre-trial process: the only person permitted through the door is the defence lawyer.

So the honest arithmetic of a flight booked in week one is this — you arrive, you are told the case is under investigation, you are told nothing further, and you wait. The most common expensive mistake in a foreign-related case is a long-haul trip taken to be close to someone you will not be allowed to see.

Three Situations Where the Flight Is Worth It

Note what all three have in common: they happen at or after the trial stage. None of them is available in the first thirty-seven days, which is precisely when families most want to fly.

The Stage Decides, Not Your Anxiety

What to Do Instead

While the case is under investigation, the urgency is real even though your presence is not required. Four things can be done from where you are, and all of them are time-critical:

• Appoint a lawyer today. The detention house must arrange the first meeting within 48 hours of the request. That meeting is where the client learns what he is suspected of, what to expect in questioning, and that someone outside knows he is there.
• Sign and scan the power of attorney. Same day, before anything else — see what a family abroad can actually do.
• Open the deposit account. Most detention houses will not accept items from outside; money on the internal account is how food, toiletries and clothing are bought. The lawyer usually handles it — see where detainees are held.
• Gather identity and relationship documents. Passport, birth or marriage certificate. They are needed later, and gathering them takes days you will not have when they are needed.

Before You Book, Answer One Question

Not "should I go" but "what is this trip for". Sign the agreement in person, watch the trial, see him at the trial stage — or just to wait. If the answer is the last one, the trip can be deferred and the money spent on the defence instead. And if you are not sure which stage the case has reached, ask a lawyer before you decide about the ticket: it is a two-minute answer that can save a twenty-hour flight.

On how the stages run and how long each takes, see how long a foreign-related case takes and what happens once charges are filed.

Full Transcript (Edited for Readability)

"Breaking news from the embassy: your family member has been detained in China. The first question is — do I buy a ticket and fly over? Sometimes the flight is worth it. Sometimes you fly all that way just to wait in a hotel.

Three situations where flying is worth it. First, you can't sit still — you want to fly over with a lawyer and sign a power of attorney in person. Yes, you can talk on the phone or over video. And some people who can make the trip need to look someone in the eye before they hand over a loved one's case.

Second, you can sit in on the trial. If the trial is open to the public, family can attend. You see for yourself what happens in court.

Third, you can apply to see him. Once the case reaches trial, close family can apply for a visit. Whether it's approved is up to the court. If you get to see him, good. If not, don't bet the whole trip on it.

While there is no urgency for you to fly over, the matter itself is pressing. He has just been taken into custody and the case is still under investigation. This is when a lawyer can get in to see him, prepare him for questioning, and try to get him released while the case continues. This is when the lawyer can find out what he's suspected of, what questions they asked of him, and build a defence strategy. Family, you will not see him at this stage, and the police won't discuss the case with you. Fly over and you will likely spend your days waiting in a hotel.

The next stage, the case has gone to the prosecutor. This is when the prosecutor decides whether to prosecute, and when your lawyer reviews the file and talks to the prosecutor. You still can't see him, and flying over won't help.

So before you book a flight, decide what this trip is for: to sign the agreement, to watch the trial, to see him — or just to wait. If you are not sure, send a notice to a lawyer. A lawyer can tell you what stage the case is at before you decide about the ticket."

Questions We Hear From Families