OCT
19
On October 19, 2012,Wu submitted an Application for the Administrative Reconsideration to the Jieyang Public Security Bureau of Guangdong Province according to the Article 6(8) of the Administrative Reconsideration Law of the People‘s Republic of China. The documentation for this is below.
Legal Steps Wu Has Taken
On October 19 2012, Wu submitted an Application for Administrative Reconsideration to the Jieyang Public Security Bureau of Guangdong Province according to the Article 6(8) of the Administrative Reconsideration Law of the People's Republic of China.
Documents Wu Sent on October 19, 2012
Notification Letter for Application of Administrative Reconsideration
October 8, 2012
Guangdong Public Security Bureau,
My name is Wu Zeheng, my registered residence is: ****** My residential address is: *****
On July 12, 2010, I applied to the Hui-lai Public Safety Bureau of Guangdong Province for a Chinese regular passport and pass for HK/Macao. Over two years have passed, during which I made several attempts to reach the Entry–Exit Administration of Guangdong Public Security Bureau via letter, phone, and in person. However, in all instances, I was told my passport and pass were still being processed.
On September 17, 2012, I went to Guangdong Public Security Bureau (PSB) to inquire about this matter. The PSB assured me that the Hui-lai Public Security Bureau, the local passport acceptance authority, would give me a formal reply within two weeks. On October 8, I called the Hui-lai Public Security Bureau. However, instead of giving me a clear answer, the Hui-lai local Bureau told me it had already submitted the application to the Guangdong Public Safety Bureau.
Given this, and in order to safeguard my legitimate rights and interests, I am submitting to Jie-yang Public Security Bureau Authority this Application for Administrative Reconsideration in accordance with Article 6(8) of the Administrative Reconsideration Law of the People’s Republic of China. You are hereby put on notice.
Yours sincerely
Wu Zeheng
Original Chinese Letter Below
Application for Administrative Reconsideration (to the Jieyang Public Security Bureau)
Applicant: Wu Zeheng, male
Date of birth: July 18, 1967 Ethnicity: Han
Residence Address: ****** Telephone: ******
Defending Party to the application: Hui-lai County Public Security Bureau of Jie-yang City, Guangdong Province
Address: 1 Nan-huan Road., Hui-lai County, Guangdong
Person in charge: Fang yi-zhen
Telephone: 0663-6680536
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.
On September 17, 2012, the Applicant went to Guangdong Public Security Bureau (PSB) to inquire about his Application for Administrative for reconsideration, however, the PSB refused to accept it, promising instead that Hui-lai Public Safety Bureau would give a clear answer on the matter within two weeks. On October 8, 2012, the Applicant called the Hui-lai Public Security Bureau; however, it did not offer an answer, instead it said it had already submitted the application to the Guangdong Public Safety Bureau.
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 Jie-yang Public Security Bureau Authority this Application for Administrative Reconsideration according to Article 6(8) of 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
October 8, 2012
Enclosures:
1. A copy of the receipt for the passport and pass
2. A copy of the Applicant ID
Originial Chinese Document Below
Response From Chinese Government
Wu is still waiting for a reponse from the Jie-yang Public Security Bureau. Thus far he has not heard anything from the Bureau.
