TNAG-2861-FCO40-4115-Expulsion-of-Han-Dongfang--Chinese-dissident--from-China-to--1993 — Page 69

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Mr Burfen to fite.

RECEIVE

23 AUG 1993

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DESK C

FM HONG KONG

X

TO DESKBY 23080OZ FCO

TOP COPY Q DIST?

11

172025

MDHIAN 2519

TELNO 1361

OF 23023OZ AUGUST 93

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

INFO PRIORITY WASHINGTON

18

YOUR TELNO 764: HAN DONGFANG.

SUMMARY.

1.

CHINESE ANNOUNCE REVOCATION OF HAN'S PASSPORT. A FURTHER REASON FOR MR GOODLAD TO RAISE THIS CASE WITH THE CHINESE AMBASSADOR. WE ISSUE STATEMENT EXPRESSING CONCERN, AND WILL EXTEND HAN'S PERMISSION TO REMAIN IF HE OVERSTAYS.

DETAIL.

2.

•

NCNA TOLD US ON 21 AUGUST THAT THE CHINESE GOVERNMENT HAD DECIDED TO REVOKE HAN'S PASSPORT. THEY HAVE NOW CONFIRMED THIS PUBLICLY. WE EXPRESSED DOUBT AT THE INTERNATIONAL LEGALITY OF THIS MOVE, AND URGED ONCE AGAIN THAT HAN BE ALLOWED TO RETURN TO CHINA.

3.

THIS IS A DEPRESSING NEW DEVELOPMENT. OUR PRELIMINARY LEGAL ADVICE CON WHICH WE WOULD WELCOME YOUR VIEWS) IS THAT IT DOES NOT RENDER HAN STATELESS UNLESS, AS IS LIKELY, THAT IS THE CHINESE INTENTION. IF SO, IT APPEARS TO CONTRAVENE CUSTOMARY INTERNATIONAL LAW, AS REFLECTED IN ARTICLE 15 OF THE UNIVERSAL DECLARATION ON HUMAN RIGHTS.

4.

IN RESPONSE TO STRONG MEDIA PRESSURE, WE HAVE ISSUED A STATEMENT EXPRESSING CONCERN AND POINTING OUT THAT THE DECISION MAY INFRINGE INTERNATIONAL LAW. TO ALLOW HAN TO REMAIN LEGALLY IN HONG KONG, WE ARE ISSUING HIM WITH A PROVISIONAL IDENTITY DOCUMENT. AS DISCUSSED WITH HKD (TELECON ASHTON/RICKETTS), WE ALSO INTEND - IF, AS WE EXPECT, HAN OVERSTAYS TO GRANT HIM PERMISSION TO REMAIN IN HONG KONG FOR ANOTHER MONTH (SUBSEQUENTLY EXTENDABLE IF NECESSARY).

5.

WE AGREE THAT IT WOULD BE USEFUL IF MR GOODLAD COULD RAISE THIS CASE WITH AMBASSADOR MA ON 23 AUGUST, PARTICULARLY IN THE

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