POLITICAL ADVISER'S OFF.
852 804 6732
04
29/09
93
13:23
852 372 8910
Asia Watch. H.K.
0004
above points may be summarized as follows:
* The issuing office, or its higher level, has the authority to revoke or declare invalid a passport in accordance with due legal process.
* The revocation or declaring invalid of a citizen's passport may only be carried out while the citizen is currently inside China
* The objective of such a measure is to prevent citizens from leaving China; it is not to prevent them from entering the country.
Thus, while the authorities' declaration to annul my passport may have borne a passing resemblance to due process, it is nonetheless clear that it was entirely unlawful.
Conclusions: 1) My expulsion from China on August 14 was an unequivocally unlawful act. 2) The declaration to annul my passport conformed to the authorities' empowerment under Article 13 of the Law on Administration of Border Exit and Entry by Citizens of the PRC, but it violated the strict limitations on such action as laid down in the Implementing Regulations for the Law on Administration of Border Exit and Entry by Citizens of the PRC. As such, it amounted to a serious instance of unlawful administrative behaviour.
Some people talk a lot about "taking facts as the basis and using law as the yardstick." Well, these are the facts in my case and the laws in question speak for themselves. In full view of all, the law has been topped, tailed and trampled upon, becoming a plaything in the hands of the authorities.
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2. Concerning various accusations against me
According to Article 4 of the State Security Law of the PRC, "Legal action shall be taken against any organization or individual engaging in activities which endanger the state security of the People's Republic of China." Article 4 continues:
"Activities endangering state security as referred to in this Law mean: activities carried out either by bodies, organizations or individuals outside China, or by individuals instructed or given material aid by them so to do, and also activities carried out by organizations or individuals within China in collusion with foreign bodies, organizations or individuals, which endanger the state security of the PRC, namely:
1) conspiring to subvert the government, split the country or overthrow the socialist system;
2) participation in espionage organizations or accepting assignments from espionage organizations or their agents;
3) theft, obtaining by stealth, or purchasing or illegal supplying of state secrets;
4) inciting, inducing or bribing state functionaries to engage in rebellion;
5), engaging in other destructive activities which endanger state security".