Recently, the most fire news than Wang Lijun entered the America consulate events; a time of news, legends and interpretation of people not knowing why it is so. The lawyers think from a legal point of view, is one of popular online "General Office of the CPC Central Committee on the Wang Lijun privately into the Consulate General in Chengdu and retention America Investigation Agency" to view. I can't make a judgement on the bulletin true, only one sentence as a legal technology analysis. This sentence is "Wang Lijun into the America Consulate General in Chengdu Museum, first with the staff about cooperation matters, then request for asylum, and according to the request of the US side written request for political asylum."

  My conclusion is, this sentence to describe the incident does not comply with the law is not in conformity with the statutory USA American embassies working procedure, but do not meet the consulate staff daily habits, so it does not accord with the facts. My analysis is as follows:

   The protection of human rights of foreigners sheltered 1. American immigration law basically (Asylum), refugees (Refugee) and temporary protected status (TPS) in three ways. According to the law the provisions of INA208, sheltered under the jurisdiction of the Department of Homeland Security and the Ministry of justice immigration immigration court America within the territory of China, must submit an application in USA territory, fill out immigration form I-589, control of the State Council shall be unauthorized to accept even consulates had no right to pass this form, only these two institutions have the right to accept the I-589 table. So the king said "according to the request of the US side wrote political asylum" that's not true, because the United States this requirement in violation of the law of their own, do not ask it.      

   2 "do" said Wang Lijun wrote "political asylum", my reasoning which is not only shelter but also includes "refugees" (Refugee). In accordance with the provisions of the 1525 and 1157 American code, chapter three national embassies to consider only the host of the refugee, the king is Chinese citizens in Chengdu, USA consulate proposed let him do the "refugee" application, is also a violation of their laws, and American processing refugee affairs in Asia's consulate in Hongkong, Manila and New Delhi no one China,.

    3. temporary protection (TPS) identity only to have foreigners in America, is due to the major military conflict, the nationality of their earthquake, flood and drought and other natural disasters, the former Salvatore and more recently in America can apply for the identity of the Syria national. Since 1949 America did not give Chinese citizens of this qualification, Wang Lijun was not in America territory.      

   USA foreign affairs manual (equivalent to the administrative department of work regulations) regulations, for foreigners in danger, her life is in danger, such as the thugs chase, American embassies and consulates can provide "emergency protection", but this is temporary, when the situation is improved, should immediately let the foreigners to leave the Embassy or consulate.      

   USA foreign affairs manual (equivalent to the administrative department of work) 9FAM APP.O 307 stipulates, for foreigners into the embassy or consulate to apply for asylum, the implementation of the provisions of FAM227, 228 and 229, will be on a case by case according to the actual situation of processing, unified policy, not allowed to give any foreigner asylum and refugee status, because this is not in the law of the State Council authorized scope. A special case to quickly inform the Department under the State Council to consider the operation center, headquarters American national interests American foreign policy, comprehensive significant humanitarian assistance and special "tightness"; the third country nationals to apply for refugee status are to notify the local government or the UN refugee agency offices, seek help and information consultation. In general by the UNHCR processing; if they handle appropriately, by the local processing.      

   According to a retired professionals said, America law prohibits foreigners asylum and refugee status, otherwise the embassies and consulates to bursting. The entry of foreigners to apply for, meet the matter must consult to the headquarters and report immediately, first look at the long-term value of the person for America diplomatic interests and the existence of "humanitarian causes extreme" and "special".      

   Looking back, claiming to be "office" notification issued, said the asylum claims Wang Lijun, this is possible, he proposed his freedom, but he may not understand America the law; but the bulletin said: "according to the request of the US side written request for political asylum", this is totally inconsistent with the America laws and administrative regulations, error. But it can be concluded that the report is false, beyond the scope of this analysis, and history to validate.      

   On another note, according to the "Vienna Convention" diplomatic relations, Embassy premises have not violated the power, and the consulate only by "Vienna Convention" constraint consular relations, the building protection judicial immunity below the Embassy , the director agreed, China government staff can access, including the police can enter the. - this is a retired professionals told me, I still need time to further verification.      

   Based on the above analysis, the six four many people across Hongkong to American, Hongkong was still in the UK under the "refugee", according to the basic treatment of these cases, these people to America, they apply for asylum status in the America. Even if the embassy or consulate "in violation of USA law" to the asylum and refugee status in China territory, but due to the government Chinese guarded checkpoints, America consulate is difficult to send six four people go, so that "with action" - that basically is "smuggling".      

   Then take the matter on its merits to talk about Fang Lizhi's trip to the embassy. My analysis from the legal point of view, the U.S. embassy after he belongs to help him "emergency", and not a political asylum, because he really in danger, and he is of great value for American diplomatic benefits. He was later to Britain, where the "refugee" (REFUGEE) into the USA identity. If it is "asylum seekers" (ASYLEE), why not directly from the Beijing to America?      

   Wang Lijun entered the U. S. consulate, he may put forward "asylum seekers" or "refugees", but the Americans may be in the "value" and "emergency" to consider the legal terms, they rejected him. This is my guess, but the law is there and put it down in black and white.  

   (I only from the legal point of view, has nothing to do with politics.)  

Authors: Huang Xiaosheng lawyer  

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