Q: Could you talk about the general situation of consular protection in 2005?

A: First, I'd like to thank you for your interest in consular protection of our ministry. With the deepening of reforms and opening up, the cooperation and exchanges between China and other countries are getting increasingly frequent and Chinese nationals going abroad also keep on the rise. The Chinese citizens and enterprises are very active in participating in overseas economic activities and the number of overseas project contracts and the labor export volume are increasing. The State Council has approved over 100 countries as overseas tourist destinations for Chinese citizens. China has become the largest tourist exporter in Asia. However, the international security situation is very complex and the law enforcement officers in some countries treat Chinese citizens unfairly. Moreover, the lack of adequate law awareness, the insufficient knowledge of foreign countries and frequent violation of local laws and regulations have increased the possibility of encountering unexpected mishaps by overseas Chinese citizens and agencies. Therefore, consular protection is getting more and more important and formidable.

In comparison with the consular protection in 2004, we may say that the general situation is relatively stable in 2005. The warning and response mechanism of consular protection has seen initial results. The number of vicious incidents incurring heavy casualties dropped, but the total number of incidents increased. The consular protection in Africa is faced with a very challenging task. The total number of labor disputes and fishery cases stays high. Our ministry and diplomatic missions abroad handled a total of over 20,000 consular protection cases this year. The cases that aroused wider attention include attacks against Chinese businessmen in the soccer fans riot in Madrid, the conflict between the Russian police and Chinese laborers in Irkutsk, explosions in London, Hurricane Katrina, detention of Taiwan's fishing boat in Somalia, attacks against Chinese fishing boats by Indonesian warships, the offense against a Chinese woman in Malaysia and the aftermaths of the tsunami in the Indian Ocean.

Q: Could you talk about the guiding principles for consular protection of China?

A: Consular protection has its own peculiarities. Administration by law is the prerequisite and foundation of consular protection. I'll talk more about this later. Here I'd like to stress the importance of the concept of "putting people first" and "governing for the people". The Chinese government has been upholding the philosophy of "putting people first" and "governing for the people". In the diplomatic work, consular protection is directly linked with the people and has a direct bearing on their interests. The primary and ultimate goal of China's consular protection is to protect the fundamental interests of the Chinese people. We shall always show concern for the people and seek benefit for the people In our daily work so as to ensure that the legitimate rights of overseas Chinese citizens are respected and protected. In case of severe incidents, we shall do our best to protect the personal safety of every Chinese citizen in danger. Our motto is putting people first (there is no such a thing as insignificant incident in consular protection) and governing for the people (people's interest overrides everything).

Q: Could you share with us the growth trend of Chinese citizens going abroad and give us some statistics?

Since reform and opening up, China's comprehensive national power and China's influence on the international stage have been growing. China has achieved rapid development in its diplomacy in every area and at all levels. We have gradually relaxed the restrictions on passport application and simplified application procedures. There is a huge upsurge of Chinese nationals going abroad to visit friends, live, study, travel, do business and work. As of the end of 2004, China has established over 8,000 overseas enterprises and over 1,900 Chinese agencies and implemented 130 overseas assistance projects on an accumulative basis. The total number of Chinese nationals, who go abroad to participate in construction assistance project, make investment, contract projects, participate in labor cooperation, provide medical assistance, amounted to over 600,000. There were more than 40,000 deep-sea fishermen and managerial staffs distributed in over 200 countries and regions. From the founding of the People's Republic of China in 1949 to the adoption of reform and opening up policy in 1979, the total Chinese citizens going abroad amounted to only 280,000 person times. While in 2004 alone, the figure rose to 28,500,000 person times. In the first 3 quarters of 2005, it reached 22,800,000 person times, a year-on-year grow of 10%. It is predicted that the total number of Chinese citizens going abroad will keep growing.

Q: Could you elaborate with specific incidents in recent years how China's Ministry of Foreign Affairs and diplomatic missions handle consular protection cases?

A: I'd like to give you some concrete examples to better illustrate consular protection in China. Protecting the legitimate rights of overseas Chinese nationals and legal persons is an important task of our ministry and diplomatic missions abroad and a good reflection of the philosophy of "governing for the people" and "putting people first" in our diplomatic work. At present there are a few hundred staffs devoted to consular work both at home and abroad. They are committed to consular work behind the scene to safeguard the rights of Chinese nationals. In recent years, our ministry and diplomatic missions abroad have worked closely with related ministries in coordination to handle a large number of major consular protection cases. The major cases are as follows:

This first case is the kidnapping of Chinese citizens in Iraq. In April 2004, 7 Chinese nationals were kidnapped in Iraq. After the incident took place, the leaders of the CPC Central Committee and the government were greatly concerned. President Hu Jintao himself instructed our ministry and the related diplomatic missions abroad to do the best to carry out the rescue operation. Foreign Minister Li Zhaoxing made an emergency call to the foreign minister of the Iraqi interim government, demanding the Iraqi party to do its best to rescue Chinese citizens. Our ministry launched the emergency response mechanism in a timely manner and dispatched a governmental working group to Iraq. Our teams in China and Iraq worked closely to provide assistance in the rescue operation. We carried out the rescue operation through multiple channels and forced the kidnappers to release the hostages. The Chinese citizens returned safe and sound. This is a successful case of consular protection.

The second case is the consular protection of Chinese citizens during the tsunami in the Indian Ocean. On December 26, 2004, strong earthquakes took place in the sea near Indonesia, which triggered the tsunami unprecedented in the Indian Ocean in a century. The tsunami brought about tremendous calamities to the Indian Ocean rim countries as well as heavy casualties to Chinese tourists in this region. There were all together 13 Chinese nationals (3 from the mainland of China, 7 from Hong Kong, and 3 from Taiwan) dead and 21 (3 from the mainland of China and 18 from Hong Kong) missing in the tsunami.

After the disaster took place, the leaders of the CPC Central Committee and the State Council were greatly concerned of the safety of Chinese nationals and agencies in the tsunami-hit regions. President Hu Jintao and Premier Wen Jiabao repeatedly instructed our ministry and diplomatic missions abroad to do the best to help the affected Chinese nationals from the mainland, Hong Kong, Macao, and Taiwan. Our ministry adopted immediate actions and convened a number of emergency meetings to discuss how to respond. Under the unified arrangement of the CPC Central Committee and with the direct leadership of the leaders of our ministry, the Department of Consular Affairs and the Chinese embassies in the affected countries initiated the emergency response mechanism in a timely manner, and adopted all possible measures to search and rescue Chinese citizens, including those from Hong Kong, Macao and Taiwan. Immediately after the tsunami took place, the Chinese Embassy in Thailand and the Chinese Consulate General in Songkhla dispatched a team to go all out to arrive at the spot despite all hardships and difficulties and they were the first foreign embassy and consulate general to arrive at the tsunami-stricken region to carry out search and rescue operation and assist the bereaved families in identifying the bodies and dealing with the aftermaths of the tsunami. The consulate general opened the round-the-clock rescue hotline the next day after the tsunami, which helped over a hundred persons establish contacts with their facilities. The Chinese embassy and consulate general timely released the casualty data of the Chinese citizens on their websites. The work of our embassy and consulate general was highly recognized by all sectors. The Chinese citizen from the mainland and Hong Kong sent their letters and telegraphs to express their appreciations. The Chinese Embassy in Thailand and the Chinese Consulate General in Songkhla received over a hundred letters of thanks.

The third case is the rescue of the Chinese nationals in the Kirghiz riot. In March 2005, sudden changes took place in the political scene of Kirghizia. Large-scale riots broke out in Bishkek, capital of Kirghizia. The whole city was in a state of anarchy. The rioters broke, smashed, robbed, and set fires on the markets and shops. 5 were dead and nearly 400 were injured in the riot. The economic losses amounted to nearly USD 100 million. There were more than 10 Chinese nationals injured and over 200 businessmen robbed. Chinese nationals suffered an economic loss of nearly USD 8 million. A few thousand Chinese nationals living in Bishkek were living in great danger and were forced to request the Chinese Embassy in Kirghizia to help them get back to China. Our ministry and the Chinese Embassy in Kirghizia adopted immediate actions and organized related agencies to make proper arrangements for the return of the Chinese citizens in a bid to avoid new casualties and economic losses.

The fourth case was the unfair treatment to Chinese tourists in Malaysia. On the morning of July 26, 2005, the Consular Affairs Section of the Chinese Embassy in Malaysia received a phone call from a Chinese tourist in First World Hotel Genting, explaining that the staffs at the hotel drew unpleasant patterns on some of the tourists' meal cards and unreasonably demanded them to dine in the underground restaurant, which enraged the Chinese tourists. They demanded the hotel to apologize and the hotel organized a number of security policemen to maintain order and treated Chinese tourists brutally. Three of the Chinese tourists were forced to wear handcuffs, which triggered a large-scale demonstration of 317 Chinese tourists.

The Chinese Embassy in Malaysia immediately launched the emergency response mechanism. Ambassador Wang Chungui himself acted as a commander-in-chief and the staffs at the Consular Affairs Section started to contact the different parties related including the Malaysian Ministry of Tourism, police stations and the local authority of Genting to explain concerns over the issue and conducted representation on just grounds, to our advantage and with restraint, demanding Malaysia to release the Chinese detainees immediately, to explain and apologize for the humiliation to the Chinese tourists and to investigate and find out the offenders. They also demanded the Malaysian government to involve and to meticulously look into the case so as to avoid the occurrence of similar incidents in the future. The embassy also sent out chief officials for consular affairs to the site to comfort the Chinese tourists and require them not to act on impulse as to do something against the local laws and regulations. Meanwhile the embassy called on both sides for emergency consultations and a final solution.

After strong representation of the embassy, the Malaysian side realized the severity of the incident. In a very short period of time, the senior management of the hotel apologized and promised that the offenders would be severely punished and that similar cases would not happen in the future. In addition, the hotel agreed to pay each Chinese tourist a certain amount of compensation for mental damage. Most of the tourists expressed satisfactions with the act.

The fifth case was the hurricane in the United States. In the latter half in August 2005, central and southern America was devastatingly hit by the hurricane. The situation of Chinese citizens was very dangerous and difficult. The Consulate General in Houston immediately launched the emergency response mechanism and went to the forefront in the first instance at the risk of their own lives to conduct rescue work in the disaster-hit areas and search for the missing Chinese citizens. Altogether 257 Chinese citizens including Hong Kong and Taiwan compatriots were found. The consulate helped them contact their family and relatives and go through the difficult time. The Department of Consular Affairs of the Ministry of Foreign Affairs also opened around-the-clock hotline to help people in China to find their loved ones in the United States.

Q: Could you please explain what major elements are needed to handle consular protection cases well?

A: This is an insightful question. We can see from the above-mentioned cases that to do a good job in consular protection we mainly need three elements: first, the comprehensive power of a nation; second, the attitude and capability of a government in addressing emergencies; third, the all-round competences of the diplomatic team. With China's growing comprehensive national power and rising international status, China's influence in the international community is continuously enhanced. This serves as a solid foundation for our consular protection efforts. The past few years have witnessed frequent occurrences of severe consular protection cases. Under the leadership of the central government, the Ministry of Foreign Affairs successfully handled a number of cases with calm and rapid response as well as resolute and effective measures, demonstrating the Chinese government's concept of "putting people first" and "governing for the people" and proving the Chinese government's increasing capability in consular protection. As the practitioner of consular protection, Ministry of Foreign Affairs and diplomatic missions abroad, with a high degree of responsibility and a strong sense of mission, have tried to enhance their capability in dealing with consular protection and gone all out to protect the life and property safety of overseas Chinese nationals, bearing in heart the firm belief that national and people's interests should be put in the first place. Many Chinese diplomats at the forefront work day and night and even risk their own lives to this end. I can say behind every successful consular protection case is a touching story of courage, hardship and dedication.

I would like to note here that consular protection has its own peculiarities and limitations. First, it is to protect the legitimate rights of the client only. In line with the general norms of international law, consular protection can be exercised only when the legitimate rights of a citizen from the sending state are undermined in the receiving state. In other words, the requirements of the person to be protected must be reasonable and legitimate. In the event that a citizen from the sending state violates local laws and regulations, embassies and consulates general cannot harbor and exculpate him from his illegal act and can only demand just and human treatment. Second, international law and local laws of the receiving state must be observed in the process of consular protection. To provide consular protection to their fellow compatriots overseas by the consular officials is to perform the duty empowered by law and thus should not go beyond the point of legitimacy. Consular protection should be conducted in accordance with applicable laws and procedures and should not be performed through illegal means. Third, consular protection of the sending state does not exert mandatory effect over the government of the receiving state. The embassies and consulates general of the sending state are to perform duties of consular protection and do not enjoy administrative or judicial rights in the receiving state. Thus they should not go beyond the purview of performing consular duties. The exercise of consular protection should be based on the norms and common practices of international law or bilateral consular treaties or agreements. The embassies and consulates general of the sending state can only, through friendly consultation, require or urge the administrative and law enforcement bodies in the receiving state to handle the cases related to consular protection of the sending state by law and in a just and fair manner. As a result, consular protection is limited. China pursues an independent foreign policy of peace, address relations between different nations on the basis of the five principles of peaceful co-existence, spurn hegemonic acts and power politics such as disrespect for the sovereignty of other nations, the big oppressing the small and the strong bullying the weak. In the field of consular protection, China always upholds the concept of putting national and people's fundamental interests in the first place and the principles of governing by law, non-interference of internal affairs and respect for the laws and regulations of the receiving state to appropriately and efficiently handle cases related to the legitimate rights of Chinese citizens and enthusiastically serve overseas Chinese citizens and legal persons.

Finally I would like note that there are many illegal intermediary activities related to labor export going on at present. Even some legal labor export intermediaries are doing illegal business to maximize profit. We are witnessing a growing number labor export disputes involving deceived Chinese citizens. It is hoped that the citizens wishing to work overseas can be more cautious and can verify the information with domestic labor authorities and Chinese diplomatic missions abroad when necessary. Our ministry and other ministries will also release alarming information on countries with large number of labor export disputes.

Q: What measures does the Ministry of Foreign Affairs have taken in recent years to protect overseas Chinese citizens?

A: After a few years of practice, China has accumulated some experience and best practices in consular protection. Currently our mission is to enhance institutional building of consular protection in line with the spirit of the central government and the principle of "focus on prevention and equal priority for prevention and handling". It is mainly demonstrated in the following areas:

First, to enhance institutional coordination. We have established an "inter-ministry joint meeting mechanism for the safety protection of overseas Chinese citizens and institutions" led by the Ministry of Foreign Affairs to guide and coordinate the handling of major consular protection cases involving overseas Chinese citizens and businesses.

Second, to enhance the early warning mechanism. We have published security, tourism, business and labor information of different countries in a timely manner via websites and other media, followed and analyzed information related to the safety of overseas Chinese citizens and businesses, dynamically evaluated the security situation of different countries and regions, and released early warnings on the websites of our ministry and Chinese diplomatic missions abroad. The information has facilitated overseas Chinese citizens and aroused wide attention of the public and the media.

Third, to enhance emergency response mechanism. Consular protection emergency response mechanism has been established and improved in related departments of the country and the ministry as well as Chinese diplomatic missions abroad. The main content includes establishing emergency response teams, formulating work plans, identifying contact schemes, ensuring unobstructed information flow, opening hotlines, collecting various information and coordinating related departments at home and abroad for joint operations. Our department is actively preparing for the creation of a Division of Consular Protection for the early warning of consular affairs and the handling of consular protection cases.

Fourth, to enhance service mechanism. We have released China Overseas Consular Protection and Service Guide to publicize the basics that overseas Chinese citizens need to know to seek consular protection. At the same time, we have tried to understand the situation of overseas Chinese citizens and establish direct contacts with them so as to provide them with timely consular protection and service.

Fifth, to enhance consultation mechanism. We have conducted a number of on-site visits and urge related countries to adopt necessary measures to safeguard the legitimate rights of overseas Chinese citizens through bilateral regular consultation, emergent representation, sending special envoys of the foreign minister or government working groups.

In a word, consular protection is becoming increasingly complicated and formidable and the needs of the society and the public for consular protection are constantly growing. However, the consular protection mechanism is yet to be improved and there is still a gap between the personnel allocation and the actual needs. We will continue to sum up experience in consular protection and learn from the successful practices of other countries to further enhance institutional building of consular protection, increase our capacity in preventing and addressing crisis in a bid to protect the legitimate rights of overseas Chinese citizens and legal persons and provide better services for Chinese citizens. We are looking forward to all valuable suggestions.