THE attempt by exiled labour activist Han Dongfang to sue the Chinese Public Security Ministry (PSM) for wrongfully withdrawing his passport is both testimony to his courage and a test of the rule of law in Deng Xiaoping's China. Although Xinhua (the New China News Agency) reported last month he might be allowed to return home if he ''repented'', his approaches to Xinhua here have been rebuffed. Officials have told him there is nothing to discuss unless he changes his attitude. Suing the PSM is unlikely to alter their position.
Since he steadfastly refuses to request asylum elsewhere, Mr Han must now languish, without his passport, in Hong Kong, unless the Chinese courts rule in his favour.
Hong Kong will be watching the case with more than passing interest. If the court rejects his right to sue, it will sow further distrust of China's attachment to the rule of law. Mr Han says he has been advised the PSM has no legal authority to revoke the passport of a Chinese citizen. If the case is thrown out, Hong Kong will infer that China's judiciary has once again bowed to political pressure.
China's Supreme Court Chief Justice Ren Jianxin has said cases should not be judged on whether they are politically left or right. The courts should therefore be allowed to decide, without interference. Whatever the outcome, the judiciary will be criticised - either by Mr Han, who will suspect political motives if he loses - or by the authorities, if he wins. But it must be ready to assert its authority impartially or risk losing all remaining credibility.
