聲明:強烈抗議上海當局拒絕簽發護照及港澳通行証予維權律師鄭恩寵
上海公安部門今天(8月22日)拒絕簽發護照及港澳通行証予維權律師鄭恩寵,理由是鄭律師是“犯罪嫌疑人”,中國維權律師關注組對此表示強烈抗議,並要求上海當局清楚解釋拒絕簽發的法律理據。
上海當局不給鄭律師簽發護照和港澳通行証沒有法律理據,根據《中華人民共和國護照法》第六條規定:“公安機關出入境管理機構應當自收到申請材料之日起十五日內簽發普通護照;對不符合規定不予簽發的,應當書面說明理由,並告知申請人享有依法申請行政復議或者提起行政訴訟的權利。”由於這條法律的規定,本會要求上海當局對拒絕簽發一事給鄭律師一個詳細的書面解釋,並要依法確保鄭律師提出申請行政復議或者提起行政訴訟的權利。
另外,根據《中華人民共和國護照法》的條例裡只有第十三條和第十四條規定的情況,有關部門才可以不予簽發護照。
第十三條規定,不予簽發護照的情況包括:
“(一)不具有中華人民共和國國籍的;
(二)無法證明身份的;
(三)在申請過程中弄虛作假的;
(四)被判處刑罰正在服刑的;
(五)人民法院通知有未了結的民事案件不能出境的;
(六)屬於刑事案件被告人或者犯罪嫌疑人的;
(七)國務院有關主管部門認為出境後將對國家安全造成危害或者對國家利益造成重大損失的。”
而《中華人民共和國護照法》第十四條規定:“申請人有下列情形之一的,護照簽發機關自其刑罰執行完畢或者被遣返回國之日起六個月至三年以內不予簽發護照:
(一)因妨害國(邊)境管理受到刑事處罰的;
(二)因非法出境、非法居留、非法就業被遣返回國的。”
鄭律師已於2006年6月5日刑滿出獄,並於今年6月5日恢復政治公民權利,他是絕對有權利申請護照和簽証,因此,本會要求上海當局明確說明是根據這兩條法律哪一條細項拒絕鄭律師的護照和簽証申請。
2003年,約五百名上海靜安區東八塊被強遷居民委託律師鄭恩寵,控告「上海首富」周正毅和靜安區政府勾結,非法取得土地。同年6月6日,鄭律師被上海警察從家中帶走予以刑事拘留,6月18日上海警方以「非法獲取國家秘密罪」正式將他逮捕,8月28日審判。10月28日,上海第二中級法院以「為境外非法提供秘密罪」對鄭恩寵判刑3年。鄭律師於2006年6月5日刑滿出獄後,一直被嚴密監視。
中國維權律師關注組
2007年8月22日
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Strong protest against Shanghai authorities’refusal to issue passport and visa to human rights lawyer Zheng Enchong
The Shanghai public security authorities today (August 22) refuses to issue a passport and a visa for visiting Hong Kong SAR and Macau SAR to human rights lawyer Zheng Enchong. The reason given is that he is a “criminal suspect”. China Human Rights Lawyers Concern Group (CHRLCG) strongly protests against the Shanghai authorities’ decision and demands that the authorities should give Lawyer Zheng a clear explanation.
The Shanghai authorities have no legal ground to refuse Lawyer Zheng’s passport and visa application. According to Article 6 of the Passport Law of the People’s Republic of China, “The entry and exit administration department of the public security organ shall issue an ordinary passport within 15 days after receiving the application materials. If it disapproves the issuance of a passport since the application does not meet relevant provisions, it shall give the applicant a written explanation and inform him of his right to apply for an administrative review or to lodge an administrative lawsuit.” In accordance with the provisions of this article, we call on the Shanghai authorities to give Lawyer Zheng a detailed written explanation about the refusal to issue a passport and visa to him. We also call on the authorities to ensure that Lawyer Zheng has the right to apply for an administrative review or lodge an administrative lawsuit.
The authorities can only refuse to issue a passport according to the conditions stipulated in Article 13 and 14 of the Passport Law of the People’s Republic of China. Article 13 says that the passport issuance departments shall not issue any passport to the applicant under any of the following circumstances:
“(1) He does not have the nationality of the People’s Republic of China;
(2) He is unable to prove his identity;
(3) He cheats during the process of application;
(4) He has been sentenced to any criminal punishment and is serving the sentence at present;
(5) according to the people’s courts notice, he is not permitted to leave China because he is involved in a pending civil case;
(6) He is a defendant or criminal suspect of a criminal case; or
(7) The competent organs of the State Council believe that his leaving China will do harm to the state security or result in serious losses to the benefits of the state.”
Article 14 of the Passport Law says: “In case an applicant is under any of the following circumstances, the passport issuance departments shall not issue to him any passport within six months to three years as of the day when he completes the criminal punishment or is repatriated to China:
(1) He is sentenced to any criminal punishment due to his hindering the administration of national border (frontier); or
(2) He is repatriated to China due to his illegal exiting China, illegal dwelling or illegal employment overseas.”
Lawyer Zheng was released from prison on 5 June 2006 and resumed to exercise his political and civil rights on 5 June this year. He is fully entitled to the right to apply for a passport and visa. Therefore, China Human Rights Lawyers Concern Group demands that the Shanghai authorities explain why they rejected Lawyer Zheng’s passport and visa application.
In 2003, about 500 residents of Dongbakuai of Jing’an District in Shanghai instructed Lawyer Zheng to sue Zhou Zhenyi, the richest man in Shanghai, and the government of Jiangan District for conspiracy to obtain land by unlawful means. On 6th June 2003, Lawyer Zheng was taken from his home by the Shanghai police and kept under criminal detention. He was formally arrested by the Shanghai police for having obtained state secrets by unlawful means on 18 June 2003 and tried on 28 August 2003. On 28 October 2003, Lawyer Zheng was sentenced to three years imprisonment by the Shanghai No. 2 Intermediate People’s Court for the offence of “illegally providing state secrets to an entity or individual outside China”. He was released on 5 June 2006, but was kept under tight surveillance by the authorities.
China Human Rights Lawyers Concern Group
August 22, 2007 |