TNAG-2909-FCO40-4183-Detention-of-Hong-Kong-residents-in-China-1993 — Page 20

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HUD 015

RECEIVE

18 OCT 1993

OFFICEF

CONFIDENTIALINGE.

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1540

OF 29103OZ SEPTEMBER 93

CONFIDENTIAL

M. мо поба

to he made

Thi

RECEIVE

111400 MDHIAN 7172

РЕССИ 18 ОСТ1993-

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG, WASHINGTONFICE

INDEA

OUR TENO 1519: HAN DONGFANG

1. We understand from Asiawatch that Han has decided not (not) to go ahead for the time being with the public protest he had planned for last week. He intends instead to pursue his case through legal action in China. He has appointed Zhou Guogiang, a sympathetic Peking Lawyer, to petition the Chinese courts for a judicial review of the decisions by the Ministry of Public Security to eject him from China and cancel his passport.

2. At a press conference today (29 September) Han confirmed this plan and delivered a long and detailed statement rebutting point by point the arguments which the Ministry of Public Security have used to justify their actions against him (copy follows by fax to HKD, FCO and Peking). He argued that there was no basis under Chinese Law for the Government to expel a citizen from the country, and that the decision to revoke his passport explicitly violated the relevant State regulations. He also denied that his actions outside China had contravened State security laws or otherwise undermined

Chinese interests.

Comment

4. Han is apparently pessimistic that his application for judicial review will get very far. Seen from here, he is probably right. But this course of action may pose a more difficult challenge to the Chinese than a hunger strike outside the NCNA. It should also cause fewer problems for us.

PATTEN

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