

Article 10173 of soc.culture.china:
Path: bsu-cs!xiong
>From: [email-masked] (Bo Xiong)
Newsgroups: soc.culture.china
Subject: Re: Passport problem
Keywords: The key point to Passport problem is ...
Message-ID: <[email-masked]>
Date: 22 Dec 88 20:04:52 GMT
References: <[email-masked]>
Reply-To: [email-masked] (Bo Xiong)
Organization: CS Dept, Ball St U, Muncie, Indiana
Lines: 45

Unfortunately, the answers to following questions are YES. The key point
is whether the law and policy are reasonable instead of whether Chinese
consulates have the rights.

In article <[email-masked]> [email-masked] (Qun Feng) writes:
>ask two questions.
>
>1. Does the Embassy or consulate have a right or responsbility to refuse a 
>citizen's request of passport extension just because his/her original
>unit does not agree?

Yes, they do. As per "The Act of Citizen Exit/Entry Control of PRC" effective
Jan. 1,1987, the issuance of passports to the persons who are involved in
public affairs (government-sponsored students, labor exports, business
delegates and visitors' groups, etc) is handled by the Ministry of Foreign
Affairs, provincial offices of foriegn affairs and other authorized units,
and the relevant regulations are made jointly by the Ministry of Foreign
Affairs and Ministry of Public Security, not by the National People's Congress.
The Regulation (do not confuse it with the Act) stipulates that the renwal and
re-issuance of the passports (for public affairs) must be agreeed by origional
issuance unit or bearers' unit.
As many netters discussed, the interpretation of the Act and the Regulation may
differ from one Chinese Consulate to another, but they are based on the same
thing. By this point,if one's original unit denies the renewal of his passport,
the Chinese Consulate is basically not able to renew or re-issue his passport.

>
>2. If someone is denied a passport by his/her country, does it mean he/she
>will not be bound to the country's law, and furture, he/she is not a citizen
>of the country anymore?

He/She is still bound to the country's law and still a citizen of PRC. As per
preceding Act and Regulation, if Chinese Consulates can not issue a person a
passport, they can still issue a Travel Certificate of PRC as the replacement
of passport, but the period of validation is very short (seems only one year)
and usually it is used to return to China, which proves that he/she is still
Chinese citisen, the immediate consequence of the denial is the government
revokes the person's right to travel and stay abroad.

We can take the president of Chinese Alliance for Democracy, Mr. Hu Ping's case
as an example. In Jan. of this year, his passport for public affair was 
invalidated by PRC government, but as reported by the "World Journal", he is 
issued a private affair passport (although he is not allowed to return to China
now, in other word, he is given full right to stay in the US).