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December 18, 1959


MEMORANDUM OF AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF CHINA CONCERNING DEPORTEES

Note: The Agreement entered into force, December 18, 1959.

Reference; This Agreement is also published in IV DFA TS No. 1, p. 42.

1. (a) The Chinese Government agrees in principle to accept Chinese nationals who may henceforth be ordered deported by the Philippine Government in accordance with the laws of the Philippines applicable to all aliens and after due process of law has been afforded them. With respect to any case in which the Embassy of the Republic of China deems appropriate or necessary to make representations for reconsideration, the Department of Foreign Affairs of the Republic of the Philippines will use its good offices in appropriate cases to the end such representations will be favorably considered by the Philippine authorities concerned.

(b) When an order of deportation becomes final, the departure of the deportees will be effected within a period of six (6) months.

2. The Chinese Government will remove from the Philippines the thirty-one (31) Chinese nationals due for deportation as covered by the Scrrano-Tuan Memorandum of Understanding of October 20, 1959. The departure of said deportees will be effected within ten (10) days after the date of this Agreement.

3. (a) The Chinese Government will accept deportees in the deferment status referred to in said Memorandum of Understanding within seven (7) days after receipt by the Chinese Embassy from the Philippine Government of notice of rejection of their motions for reconsideration or executive clemency by the appropriate authorities of the Philippine Government. A brief summary of each case will accompany the notice or will be furnished the Chinese Embassy within three (3) days from the date of said notice.

(b) The eight (8) specific cases referred to in point one of the aforesaid Serrano-Tuan Memorandum of Understanding will be the subject of further consultations between the two Governments.

4. It is understood that the question of the so-called overstaying Chinese visitors will be the subject of separate negotiations in accordance with the Understanding previously reached between Secretary of Foreign Affairs Felixberto M. Serrano and former Chinese Ambassador Chen Chih Mai.

5. Upon receipt of notice from the Chinese Embassy of the departure of the thirty-one (31) deportees from the Philippines, the Philippine Government will lift the ban it imposed on November 9, 1959 on the issuance of visas of Chinese nationals proceeding to the Philippines. The Department of Foreign Affairs will also request the Bureau of Immigration to lift the complementary measures it had taken with respect to the cancellation of deportees bail bond, and to normalize consideration of petitions for extension of stay of tourists of Chinese nationality.

Signed at Manila, Philippines, in duplicate this eighteenth day of December, nineteen hundred and fifty-nine.

FOR AND ON BEHALF OF THE FOR AND ON BEHALF OF THE
GOVERNMENT OF THE GOVERNMENT OF THE REPUBLIC
REPUBLIC OF CHINA: OF THE PHILIPPINES:
   
   
(Sgd.) MAO-LAN TUAN (Sgd.) FELIXBERTO M. SERRANO
Ambassador Extraordinary Secretary of Foreign Affairs
and Plenipotentiary of the Republic of China of the Republic of the Philippines


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