25 June 2006
This week I came up against the might and mercurial instincts of Chinese administration, whose ‘promulgation’ of Ordinance 14 places a road block firmly in the path of my Company registration, and encountered the canine features of the Immigration service; both authorities impenetrable behind the walls of the Party. promulgate v 1: state or announce; "`I am not a Communist,' " he exclaimed; "The King will proclaim an amnesty" 2: put a law into effect by formal declaration.
The authors at Merriam Webster could not have known that an Englishman seeking to set up an inconspicuous agency in China would search for a definition of ‘promulgation,’and find a Commununist party official being used as an example for making such a declaration, and find it apt. On the morning of June 19th the Administration of Industry and Commerce (AIC) ‘Promulgated’ Ordinance No. 14 which prohibits all companies, including local companies and foreign invested companies, to register their office address in a building for both office and residence purpose. Ordinance No. 14 was announced on the day that it came into effect, no transition period or signalling of intent via newpaper articles, nor even a public announcement it seemed, as Jessie from Lee & Lee called me with the news. In effect No. 14 means that EASTWEST can’t be registered as a company in the office that we have leased precisely for the purpose, which creates some serious questions for me and the other 2,800 residents in SOHO, and countless other SOHO tenants in Beijing. Upon hearing the news I marched to the Jian Wai SOHO offices with a slighly anxious Judy, where we were told that Pan Shi Yi, the developer, and his wife, were aware of No. 14 and were both of out town. In my indignation I wrote to the British Chamber of Commerce, who told me politely that they would forward it to the relevant committee members. “We have to do something about this high handed attitude,” I implored, realising as soon as the word ‘handed’ had left my mouth that my foot was already in it. I turned to sending press releases to the BBC, China Daily, CCTV, South China Morning, and Asia Venture Capital Journal and was met unreassuringly with “We are right behind you,” and, “Pan Shi Yi’s wife is rumoured to have left the country.” Apparently there are so many skeletons in the cupboards of developers that no-one wants to raise their voice lest they receive the same fate as the chairman of a Beijing developer who was cast in gaol the weekend on charges of bribery. I am now considering how much of a siren voice I want to be, wary of being implicated in any anti-government activities. I think it was the implication that one of the other clerks at the Immigration Bureau had said I could pay a fee and express my visa, which upset the duty officer. I had just returned back from Phuket on Monday and my L visa expired on Friday. “Three days is not enough, and you know it. Your mistake is not my responsibility,” barked the fierce twenty something bulldog of a woman at a young Indian lad clutching a hospital receipt, “hospitalization is not an excuse to stay in China” she promulgated. Indians are normally used to dealing with intractable administrators, but the capped canine on reception tossed this invalid aside and glared at me from her kennel. In my best mandarin I apologized for the express nature of my need and mentioned that her colleague had said that I should return at 1.00 to ask for this speedy service, for which of course I would pay a fee. “Leave town or break the law and take the consequences, or you can ring the police.” Woof. Judy had another idea, and placed a call to a visa agent. For RMB3000 (US$375) an agent would take my passport and return it stamped with the holy grail of immigration passes, the coveted F business visa, within 2 days. In Beijing a one month extension was impossible at any price in less than one week, but away from the prying eyes of the bulldogs at the Dongzhimen Immigration office the chops fly fast and furious in true entrepreneurial style. And so within three days of the start of the week, my business plan and legal entitlement to stay in China were being promulgated into non-existence. I attended the China Entrepreneurs event on Wednesday evening considering that we should perhaps change the name to China Survivors. We had two speakers discussing exit strategies. Old China hands marvelled at my naÏvety; thinking that the Government would take dissent into consideration and that I went to get my own Visa. Too many years in ultra ordered Singapore where being a foreigner earns one a welcoming smile has made me soft to the reality of being tolerated, but only for 30 days at a time. “Without looking, how many exits are there in this room,” asked the charismatic Glen Lu, Partner of Lu Hayes & Lee a venture capitalist. It was a fair question related to the ways in which entrepreneurs often enter a business without considering how they might leave it. After being on the wrong end of promulgations twice this week, it was with some relief that I boarded a Singapore Airlines flight, with 12 hours left on my visa.

