TNAG-2861-FCO40-4115-Expulsion-of-Han-Dongfang--Chinese-dissident--from-China-to--1993 — Page 71

GOVERMENT HOUSE HONG KONG

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18 AUG 93 12:22

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993

NOTE

SPEAKING NOTE

EGISTRY

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INDLA

on Taken

Han was

On 14 August, Mr. Han Dongfang, a Chinese national, was expelled against his will from China to Hong Kong. carrying a valid Chinese passport, with which he had entered

He had no visa for Hong Kong. Han has made China legally. clear in public statements that he wishes to return to China.

He

The expulsion took place during the night and without warning. No request was made to the Hong Kong Government to grant Han a visa, or to permit his entry into Hong Kong. was allowed to enter on humanitarian grounds, since he would otherwise have remained stranded in the middle of Lo Wu Bridge. Actions of the kind taken by China in expelling Han are not in the spirit of the normally excellent cooperation between Hong Kong and China on cross border matters. they conducive to the improved bilateral atmosphere which is in the joint interest of Britain and China.

Under international law, all States have a

Now are

Han's expulsion

responsibility to grant their own nationals the right to reside on their own territory. It is a breach of international law for a State to expel one of its own nationals into another territory which he has no permit to enter. from China as therefore legally unjustifiable. kind also contravenes Article 13 of the Universal Declaration of Human Rights, which forms part of the declared principles of the United Nations.

Action of this

This could

For these reasons, we believe that Han's expulsion was

We are also concerned about China's an unjustifiable action. continued refusal to allow Han to return to China. create problems for Hong Kong, particularly in view of the considerable attention to which Han's case has given rise in the international media. We urge China to reconsider its position, and to allow Han to return before the expiry on 21 August of the Hong Kong transit visa which he now holds.

Political Adviser's Office

18 August 1993

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