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On September 17, 2012, Wu Submitted an Application for Administrative Reconsideration to the Guangdong Public Security Bureau, and a letter to the Minister of the Guangdong Public Security Bureau, regarding the immediate issuance of his passport. The documentation for this is below.
Legal Steps Wu Has Taken
On September 10, 2012, Wu submitted summons letters to the Public Security Bureau of Jie-yang and Guangdong Province, and a letter to the Minister of the Guangdong Public Security Bureau. He did not recieve any response from neither party. On September 17, 2012, Wu decided to proceed to the next legal step according to law to enforce his rights.
Documents Wu Sent on September 17, 2012
Application for Administrative Reconsideration (to the Guangdong Public Security Bureau)
Applicant: Wu Zeheng, male
Date of birth: July 18, 1967 Ethnicity: Han
Residence Address: ****** Telephone: ******
Defending Party to the application: Jie-yang Public Security Bureau
Address: Middle part of Xiao-cui Road, Dong-shan district, Jie-yang
Person in charge: Xie Yao-qi
Telephone: 0663-8234314
Application Matters:
Order Defending Party to issue the Applicant the ordinary passport & pass for HK/Macau within 15 days in accordance with law.
Facts & Reasons:
On July 12, 2010, the Applicant submitted his passport application to the Defending Party with all required documents and fees in accordance with Article 6 of The Passport Law of People’s Republic of China. The Defending Party reviewed the Applicant’s submitted application, and as a result, the Applicant was given receipts indicating the date on which the passport and pass for were to be picked up, 15 days after the application was submitted.
In August 2010, the Applicant called the Defending Party to enquire about the time to pick up his passport and pass for HK/Macau. The Defending Party replied to the Applicant saying his passport and pass were still being processed.
On December 12, 2010 and March 2, 2011, the Applicant wrote to the Defending Party to inquire about his passport and pass for HK/Macau, but he received no reply.
On March 9, 2011 and September 7, 2012, the Applicant went to the Defending Party to inquire about his passport and pass for HK/Macau; he was told they were still being processed.
According to the rules stipulated in Article 6 of The Passport Law of People’s Republic of China, the Exit-Entry Management Department of the Public Security Authority shall issue a passport within 15 days after the date it receives an application. For those applications that have not met the requirements, the applicants shall be notified with the reasons in writing and shall be informed that applicant has rights for an Administrative Reconsideration or Administrative Lawsuit. Here, it has been more than two years since the Applicant submitted his application. The Defending Party has neither issued the passport and pass to the Applicant nor given him any explanation in writing for why the passport and pass have not been issued.
Clearly, the Defending Party’s administrative process has gone beyond the time required by law, as the passport and pass has not be issued nor have the reasons for such behavior been given. The administrative process has been improper and violated the law.
In order to safeguard his legitimate rights and interests, the Applicant is submitting to your Authority this Application for Administrative Reconsideration according to Administrative Reconsideration Law of the People’s Republic of China. The Applicant is requesting your Authority to order the Defending Party to issue the ordinary passport and pass for HK/Macau to him within 15 days, or for your Authority to issue a passport and pass for HK/Macau directly to Applicant.
Regards
Applicant:Wu Zeheng
September 17, 2012
Enclosures:
1. A copy of the receipt for the passport and pass
2. A copy of delivery receipt
3. A copy of the Applicant ID
Original Chinese Document Below
Second letter to the Minister of Guangdong Public Security Bureau
Sepetember 17, 2012
Dear Honorable Director Mr Liang Wei-fa,
My name is Wu Ze-heng, my registered residence is: ****** My present residence address: ******
On September 10, 2012, I sent a summon letter to the Guangdong Public Security Bureau and Entry–Exit Administration Department of Jie-yang Public Security Bureau in regard to the issuance of my ordinary passport and pass for Hong Kong/Macau. At the same time, I sent you, Mr. Director, a letter to request for help. Because I did not receive any response from the Entry–Exit Administration Department or Bureau, I hereby am sending a request for an Application for Administrative Reconsideration. I would be greatly appreciative if, Mr. Director, you could take this issue into favorable consideration and process my application on time in order to support my overseas visits.
As a Chinese Buddhist, I will certainly carry the voice of peace to our international friends and religious groups; and as such, it will be an honor to be called a Chinese descendant.
Pray for Peace
Yours sincerely
Wu Zeheng
Attachments:
- Application for Administrative Reconsideration
- Invitations from overseas religious groups
Original Chinese Letter Below
Response From Chinese Government
On September 17, by the time when Wu had submitted his documents, the Guangdong Public Security Bureau assured Wu that the Hui-lai local Public Security Bureau would give him a formal reply within two weeks. However, Wu did not receive a response from either governmental office.