When someone dies in China

The process when a British national dies in China, including registering the death, funerals and cremations, and bringing the person’s body to the UK.

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office(FCDO), which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

Contacting the insurance company

If the person who died had insurance, contact their insurance company as soon as possible. Read the general guidance on what to do when someone dies abroad if you’re not sure if they had insurance.

The insurance company should appoint a funeral director in China and the UK. They may also cover the cost of bringing the person’s body to the UK (repatriation) and help with any medical, legal, interpretation and translation fees.

What to do if the person who died didn’t have insurance

If the person who died did not have insurance, the next of kin will usually be asked to appoint a funeral director and would therefore be responsible for all costs.

The Foreign, Commonwealth & Development Office cannot help with these costs.

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

In China, in general, next of kin is considered to mean a spouse, child, parent, sibling, grandparent and grandchild. Chinese legislation does not recognise same-sex marriage or unmarried opposite-sex partners, and there is no legal equivalent of a civil partnership.

If the next of kin is in China, they may make decisions on issues such as whether to repatriate or cremate the person who died; and collect documents such as the death certificate themselves.  

If the next of kin is not in China, and does not intend to travel to China, a letter of authorisation should be written explicitly stating their wishes regarding how their loved one should be treated, and who they wish to act as proxy. This letter of authorisation (see Appendix for sample letters) should be written and signed by the next of kin themselves. The letter should be provided to the relevant embassy’s or consulate’s consular officers, and should be accompanied by a photocopy of the bio page of their passport and a photocopy of the proof of relationship. Typically, the proxy could be another family member, friend, or representative of the employer, insurance company or funeral director.

Registering the death

The death must be registered with the local authorities in the country where the person died. Your funeral director can normally do this for you.

You will usually need information and documents about you and the person who has died, including:

• full names
• dates of birth
• passport numbers
• proof of relationship

Getting a death certificate

After registering the death, you will get a death certificate (‘Siwangzheng’).  If a British national dies in a hospital in China, the hospital will issue a Chinese language death certificate. It is important that the death certificate specifies the cause of death, and that the death was not caused by infectious diseases. If the person suffered from an infectious condition such as hepatitis or HIV the local authorities will need to be told, so that they can take precautions. If death was caused by injuries of unknown specification, it may be necessary to obtain clearance from the local Public Security Bureau.

If a British national dies somewhere other than a hospital, the local Public Security Bureau must be notified to establish the cause of death. Forensic staff may be called on-site to investigate. If the cause of death cannot be quickly identified, but police are satisfied the death is not the result of violence, they may issue a police death certificate giving “sudden death” as the cause of death. 

If a post-mortem is requested, the next of kin will need to give approval either directly or via their proxy before a death certificate will be issued by the local Public Security Bureau.

Hospitals may withhold death certificates before medical bills are settled. Without a death certificate, you may not be able to arrange the cremation or repatriation of remains.

In Shanghai, a police death certificate is required in all circumstances prior to any funeral arrangements being made.

The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation. This can be done by a local public notary or translator. Some may request proof of relationship such as a marriage or birth certificate.

You do not have to register the death of a British national that occurs overseas with the UK authorities. However, if you wish to do this, you can find more information on registering a death and apply online.

Post-mortems in China

A post-mortem is a medical examination of the body. There might be one in China if the cause of death is unknown, unnatural, sudden or violent.

Post-mortems are not carried out as a matter of course in China. If the next of kin would like further information related to the death of the person or have reason to believe the circumstances of death are suspicious, they may request a post-mortem to be conducted. If a post-mortem is requested, the next of kin will need to give approval. If the next of kin is in China, they can provide authorisation directly. Otherwise, they may make a request via the embassy or relevant consulate.

Police in China reserve the right to request a post-mortem without the family’s permission, if a death occurs under suspicious circumstances.

Cultural or religious sensitivities may not be taken into account. Small tissue samples and organs may be removed for testing without the family’s permission. You may not automatically be told if this happens.

If organs are removed, they will normally be returned before the person’s body is released for cremation or repatriation. In exceptional circumstances body parts organs may be kept without permission. This might happen if further investigation is needed. The next of kin might not be told if this happens. Please note that in some cases the process of conducting a post-mortem in China has been known to go on for a significant period of time, in some instances for longer than one month. During this time, the body might not be released for repatriation or other purposes.

There is usually a charge for conducting post-mortems, prices for which vary widely between provinces. Additionally, post-mortem reports are issued in Chinese. If it is necessary to obtain a translation, the insurance company may be able to do this. In the absence of insurance, the next of kin should pay for this personally. You may find our list of translators helpful.

If a post-mortem is conducted, the cost for repatriation may increase.

Cremating the body in China

The next of kin should decide on whether the person should be cremated or repatriated for burial. Burials cannot be performed in China. The options available are as follows:

• cremation with the ashes remaining in China
• repatriation of the full remains for burial or cremation in the UK (or another country)
• repatriation of the ashes, following cremation in China

Your funeral director will be able to explain the options available, the costs, and help you make arrangements.

You can find a local funeral director to arrange a cremation in China. The exact rules on cremations are different depending on where you are in China. Your funeral director can give you advice.

If the religious beliefs of the person include a need for the remains to be handled in a specific manner, please inform the funeral director as soon as possible.

You should not have the person cremated abroad if you want a coroner in England and Wales to conduct an inquest into their death. In Scotland, a further investigation may still be possible.

Bringing the body to the UK

Ask your funeral director about options for bringing the person’s body to the UK from China.

If you decide to bring the person’s body to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

Funeral directors will be able to arrange repatriation of the person’s remains once necessary documents such as the death certificate have been provided. You may select a funeral director yourself, or the insurance company may assign one. Please check with the insurer first, as they may have a list of preferred service providers. Please note, repatriations are subject to flight availability. During events such as Chinese New Year and Golden Week, repatriation may be delayed.

Embalming is required if the person’s body is to be repatriated. This will be arranged by the funeral director, who will produce an embalming certificate for immigration purposes.

If the religious beliefs of the person include a need for the embalming to be conducted in a specific manner, please inform the funeral director as soon as possible.

In the absence of insurance, repatriation can be an expensive and lengthy procedure.

When taking the person’s body to the UK from China your funeral director will usually need to:

• show the death certificate and the notarised translation
• get permission to remove the person’s body, issued by the local authorities in China
• show the passport of the person who died

Bringing the ashes to the UK

Ask your funeral director about the rules for bringing ashes to the UK. There are different rules depending on where you are in China.

Bringing the ashes to the UK yourself

If you are taking the ashes with you when you leave China, please check with the airline in advance. You will usually need to:

• show the death certificate and official translation
• show the cremation certificate and official translation
• follow local China regulations about leaving China with ashes - your funeral director can give you more information
• tell the airline in advance

It may be possible to obtain a certificate from certain airlines allowing the ashes to be carried onboard. It is advisable to receive confirmation from the airline in advance, if deciding to choose this option.

Arranging for the ashes to be taken to the UK

Ask your funeral director for advice if you cannot take the ashes yourself. You may not be able to send them by post or courier. Ashes can be shipped by air freight, although this can be expensive.

Funeral directors will be able to arrange repatriation of the person’s ashes once necessary documents have been provided.

Getting the person’s belongings back

Belongings the person had with them when they died are normally given to you or the proxy.

If the person who died had insurance, check with the insurance company if this covers the return of their personal belongings.

In general, the funeral director assigned responsibility for repatriation of the person will not deal with personal belongings, though there may be exceptions.

Alternatively, the next of kin may provide a letter of authorisation for a third party to handle belongings.

Please note that there are certain items which couriers are unable to transport, including but not limited to cash, credit cards, mechanical watches, items containing strong magnets or batteries, explosive or dangerous items.

Please note, the embassy or consulates in China cannot take responsibility for the personal belongings of the person.

Belongings may be kept as evidence if there is an investigation into the death. This will only be returned when the court case is over.

Finding a Chinese translator

You may need a translator to help you understand Chinese rules or get documents translated. Check translators in China. The embassy or consulates in China cannot provide translation services or pay for translation costs.

Finding a China lawyer

You may need a lawyer to help you understand the China legal system when someone has died. Check English-speaking lawyers in China. The embassy or consulates in China cannot give you legal advice or pay for legal costs.

Telling the UK authorities

Although you do not have to register the death in the UK, when someone dies abroad you still need to tell the UK authorities. Read general guidance on what to do when someone dies abroad to find out what to do.

Chinese visa cancellation

The valid Chinese visa of the person should be cancelled with the Exit & Entry Division of the local Public Security Bureau (PSB), the department responsible for immigration. Doing so will ensure the remains can be released for repatriation to the UK. The next of kin or authorised representative can cancel the visa via the relevant PSB office. Dial the National Immigration Hotline +86 (area code) 12367 to find out more about how to do this and whether an appointment is required. 

British passport cancellation

To avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form and instructions on where to send the passport are available online:

What to do with a passport when the passport holder has died - GOV.UK

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated. 

Visa to travel to China

If the next of kin or other immediate family members wish to travel to China, a Chinese visa will be required. If needed, consular officers may provide an official letter requesting that the application be fast-tracked.

However, please be aware that we are limited to being able to submit a request on compassionate grounds, and we cannot make guarantees related to visa issuance or timeframes.

Contacting the Foreign, Commonwealth & Development Office  (FCDO)

You can contact the FCDO if you still need advice:

• in the UK call +44 (0)20 7008 5000
• see how to get help from the UK government abroad

Appendix: Letter of Authorisation

The following is an example of a letter of authorisation, to be used for granting permission to a third party for duties such as collection of the deceased’s death certificate. This is for reference only. Final version may vary according to the requirements of the local authorities.

For local cremation

Letter of Authorisation 授权书

To whom it concerns 敬启者

Undersigned/签署人
Full name/全名:
Date of birth/出生日期:
Passport number/护照号码:
In the capacity of Next-of-kin/与死者血缘关系
Relationship/关系:
Of the deceased/死者
Full name/全名:
Date of birth/出生日期:
Passport number/护照号码:

Hereby appoints and authorises/本文签署人，兹委托及授权以下人等:

(Full name) (British/英国公民，Passport no/护照号码：XXXXXXXXX)

Or

(Chinese name in Pinyin)/(Name in Chinese characters) (Chinese/中国公民，ID no/身份证号码：XXXXXXXXXXXXXXXXXXXX) (delete if not applicable)

Or

Funeral Home: xxx (delete if not applicable)

to, on my behalf, deal with all formalities in China related to the cremation and repatriation to the UK of deceased’s cremated remains in urn, as well as the personal effects. (delete or change if not applicable) 代表我本人，在中国境内，办理有关死者遗体火化，以骨灰盒遣回英国之手续，以及个人物品收集事宜。（请按需修改或删除）

Those formalities will include amongst others, obtaining and notarising the death certificate, obtaining all related reports (including the death reports) and certificates, body identification, instructing/authorising for cremation, arranging inland and international transportation, collecting and shipping deceased’s personal effects if any, etc. (delete or change if not applicable)
这些手续将包括：获得死亡证明，并对其进行公证；获取所有相关报告和证明(包括死亡鉴定书)；遗体辨认; 指示/授权殡仪馆安排遗体火化；安排国内和国际运输；收集和运送死者的个人物品(如有的话)等 。（请按需修改或删除）

If not a legal requirement in China, I do not wish any autopsy to be done, implying I do accept and agree with the cause of death as reported by the relevant Chinese authorities
除非中国法律强制要求，本人不希望对死者进行任何尸检，也就是说，本人接受并同意中国有关当局调查的死因结论。

Or

If not a legal requirement in China, I do not wish any autopsy to be done, implying I do accept and agree with the cause of death as reported by the relevant Chinese authorities
除非中国法律强制要求，本人不希望对死者进行任何尸检，也就是说，本人接受并同意中国有关当局调查的死因结论。

Signature/签名:

Date/日期:

For repatriation

Letter of Authorisation 授权书

To whom it concerns 敬启者

Undersigned/签署人
Full name/全名:
Date of birth/出生日期:
Passport number/护照号码:
In the capacity of Next-of-kin/ 与死者血缘关系
Relationship关系:
Of the deceased死者
Full name/全名:
Date of birth/出生日期:
Passport number/护照号码:

Hereby appoints and authorises either/本文签署人，兹委托及授权以下人等:

(Chinese name in Pinyin)/(Name in Chinese characters) (Chinese/中国公民，ID no/身份证号码：XXXXXXXXXXXXXXXXXXXX)

Or

(Chinese name in Pinyin)/(Name in Chinese characters) (Chinese/中国公民，ID no/身份证号码：XXXXXXXXXXXXXXXXXXXX) (delete if not applicable)

Or

Funeral Home: xxx (delete if not applicable)

to, on my behalf, deal with all formalities in China related to the repatriation to the UK of deceased’s embalmed remains in coffin, as well as the personal effects. (delete or change if not applicable) 代表我本人，在中国境内，办理有关死者遗体以防腐灵柩遣回英国之手续，以及个人物品收集事宜（请按需修改或删除）。

Those formalities will include amongst others, obtaining and notarising the death certificate, obtaining all related reports (including the death reports) and certificates, body identification, instructing/authorising the funeral company to arrange inland and international transportation, collecting and shipping deceased’s personal effects if any, etc. (delete or change if not applicable)
这些手续将包括：获得死亡证明，并对其进行公证；获取所有相关报告和证明(包括死亡鉴定书)；遗体辨认；指示/授权殡仪公司安排国内和国际运输；收集和运送死者的个人物品(如有的话)等。（请按需修改或删除）。

If not a legal requirement in China, I do not wish any autopsy to be done, implying I do accept and agree with the cause of death as reported by the relevant Chinese authorities
除非中国法律强制要求，本人不希望对死者进行任何尸检，也就是说，本人接受并同意中国有关当局调查的死因结论。

Or

I request an autopsy in China to be done before the rest action to be taken. 本人要求在其他手续办理之前在中国进行尸检。

Signature/签名: 

Date/日期: