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The North Korean delegation’s first visit to Holland Village
As soon as Yang Bin got back to Shenyang, he invited four experts to join him: Li Ying-Zhou, the lawyer who helped list the Euro-Asia Group on the Hong Kong Stock Market; He Jun-Di and Li Su, Director and General Manager of a famous China consultancy, respectively; and Professor Luo Wei-Jian, a professor at Macau University Law School who had participated in drafting the Basic Law for the Hong Kong and Macau Special Administrative Regions (SARs).
On the evening of March 6, Yang Bin held a banquet in the Tropical Rain Forest Restaurant, next to Swan Lake in Holland Village, and he was there to personally greet MGM Asia’s Vice-president and his staff. Also at the banquet were Li Gang, Vice-president of the Euro-Asia Group, Shi Jun, Ma Ning (1), and a young expert from Beijing Airport. The guests from MGM Asia had come to study the feasibility of cooperating with Yang Bin on a tourist project.
As a writer visiting Yang Bin for the first time, I was invited to sit to his right. This was also my initial meeting with Ma Ning and Wang Nuo. (2)
At 3 a.m. the next morning, Yang Bin headed off for Dandong. With him were Shi Jun, Ma Ning, Wang Nuo and the expert from Beijing Capital Airport. They took a special train to Dandong and arrived there at 7 a.m.
High-level Dandong officials welcomed them at the train station and invited them to take breakfast and talk about future cooperation in setting up the Special Economic Zone (SEZ). The Mayor of Dandong, Jiang Zuo-Yong, pointed out that in the early 1980s when 19 port cities in China were opened up to the world, Dandong’s GDP was equivalent to Suzhou’s. But thereafter, Suzhou sped forward while Dandong lagged behind. The people of Dandong had spent two decades waiting for today, and Yang Bin’s Sinuiju would at last open Dandong up to the world.
Jiang Zuo-Yong believed that Dandong could catch up with more advanced cities in less than 20 years. A successful Sinuiju project would drive the light industrial base centered on Dandong, and create an economic sphere around the Yellow Sea, linking the Liaodong Peninsula, Shenyang, Dandong, Pyongyang, Kaesong, Seoul, Fushan, Japan and the Jiaodong Peninsula.
Two hours later, Yang Bin and his delegation crossed Yalu River and were welcomed at customs by North Korea’s Chief Representative, Kim Dongkyu, followed by officials from the ministries of Foreign Affairs and Commerce. Yang Bin put up at the Yalu River Hotel in Sinuiju, the only hotel open to foreign guests.
Ma Ning told me details of the first meeting. “On the afternoon of March 9, Kim Dongkyu, Director of the Pyongyang General Horticulture Bureau, and Kim Yong-Shu, Chairman of the Economic Cooperation and Promotion Committee of North Korea met with Yang Bin and me for a small get-together. Director Kim Dongkyu took out a map and told Yang Bin that according to the instructions of Comrade Kim Jong II, the original area of the special region had been increased from 27 to 82 square kilometers. Marshal Kim had marked the boarders of the special region and written instructions on the map in his own hand. The development mode had also been changed from an “Economic Development Zone” to a “Special Economic Zone” similar to the Shenzhen and Zhuhai SEZs in China. He hoped that the committee and Yang Bin could begin negotiating this project as soon as possible.”
Wang Nuo, who was responsible for planning, added details about the infrastructure. “Our Korean partners showed us the map which covered an area of 82 square kilometers, including northern Sinuiju, several islands in the Yalu River and some areas near the ocean. We took a car to visit these places according to the red line marked on the map, and observed the terrain, airport and harbor there.
“The airport was originally a Japanese military airport. The North Korean government planned to reserve it as a civil airport for the special zone. The harbor could only accommodate 3,000-ton cargo ships, which wasn’t sufficient. According to international standards, a harbor should be able to accommodate ships of 15,000 tons or greater. Besides, it wasn’t a deepwater harbor, so large ships couldn’t enter. There was no future for this harbor, so we had to find another site.” (3)
That night, the Korean delegation hosted a banquet to welcome Yang Bin and his delegation. The Korean delegation was composed of Kim Dongkyu in his role as President of the Pyongyang General Horticulture Company, high officials from the Ministries of Foreign Affairs and Commerce, and specialists on economic issues from the Academy of Science. This delegation was responsible for all subsequent negotiations over Sinuiju issues, although more negotiators later beefed up the North Korean side.
During the banquet, artists from Pyongyang performed the “Song of Kim Jong II” and other Korean songs. Ma Ning sang the “Song of Kim II Sung” too, an act that was warmly welcomed by all, and rewarded by a female performer who presented him a bouquet of flowers.
Both parties decided that the North Korean delegation would proceed to Holland Village at the end of March for initial negotiations regarding the Sinuiju Special Economic Zone. (4)
On March 8, 2002, Yang Bin and his delegation returned to Shenyang, and he set up the Sinuiju SEZ Development and Construction Workgroup: Yang Bin, Director; Li Gang, Deputy Director and Chief of Staff; and Ma Ning, Deputy Director.
Yang Bin rushed to invite legal specialists to work on the legal documents for the zone, and instructed Holland Village staff to fabricate a scale model of the future Sinuiju SEZ according to the map. It took just two weeks to complete and was ready in time for the North Korean delegation.
I saw this sand table for the first time in April, and it was so big that it was divided into two parts. One part was 16 meters long and four meters wide, comprising northern Sinuiju next to Dandong City down to the point where the Yalu joined the Yellow Sea. The other part stretched from northern Sinuiju to the seacoast in southern Sinuiju. Putting these two models together, we had a scale model of the Sinuiju SEZ, covering 82 square kilometers. Visitors could get a sense of this town’s modern, European flavor at first sight. A wide road would divide the zone with skyscrapers and a “green belt” along the Yalu River in the west, while the east would house an airport, factories and an agricultural production base.
A Buddhist temple and a church were also represented in the scale model, showing that care that believers from both the East and West were being taken into consideration. One has to say that Yang Bin had been quite thoughtful.
Ma Ning told me that the workgroup immediately invited Chinese experts from economic, legal and business circles to prepare for the project. “We did research into some of China’s SEZs, and we also compared Yangpu Development Zone in Hainan Province with the Rajin-Sonbong Free Trade Zone in North Korea, and drew lessons from those experiences.
“We also researched the current laws of North Korea and concluded that these laws could not provide sufficient protection to foreign investors. That was the reason behind the failure of the Rajin-Sonbong zone. In the case of the Shenzhen and Zhuhai SEZs, initial investments flowed in from the central government, provincial governments, overseas Chinese firms, and businesses in Hong Kong and Macau. But for a North Korean SEZ, similar resources could not be tapped.
“As soon as the Sinuiju SEZ was set up, it had to attract foreign investment at full speed. Therefore, it needed a complete legal framework that was consistent with the demands of a market economy, and could provide sufficient protection to ensure the safety of foreign capital. But it would have been impractical to wait for North Korea’s Supreme People’s Assembly (SPA) to amend its national laws, or enact new laws—one by one—specifically for the SEZ.
“So the sole option seemed to be to establish a SAR which would be ‘shielded’ by a ‘Basic Law’ from the existing laws of North Korea. With this Basic Law, we could define the relationship between the central government and the SAR, and establish a new legal system in line with international norms. There have been similar successful examples in Cambodia, Afghanistan and East Timor. All we had to do was to borrow from these examples and make adjustments to suit the features and requirements of Sinuiju.”
In March 2002, Yang Bin invited Tong Lian-Fa, Deputy Dean of Liaoning University’s School of Law and an expert on international law, to join the team. Yang Bin hoped that he could work with Hong Kong’s Li Ying-Zhou and Luo Wei-Jian from Macau to jointly draft legal documents, and especially to provide advice on international law. Tong Lian-Fa accepted Yang Bin’s invitation. (5)
On March 29, Tong Lian-Fa requested that two lawyers from his law firm, Cui Yang and Yang Da-Yong, drop their current briefs in favor of working on the SAR legal documents. And they must keep this task extremely confidential.
“It was the last Friday of March,” recalled Yang Da-Yong. “Shenyang was covered in clouds, and a sandstorm was blowing. Professor Tong asked me to drop what I was doing and join a new project to draft legal documents for the Sinuiju SAR. He asked me to examine five types of documents for reference’s sake, including ‘foreign investment,’ ‘central bank policies toward foreign investments’ and so on.
“Just then Cui Yang came in, and Professor Tong said to her, ‘Cui, you come with us, too. Tomorrow we’ll go to Holland Village to join in drafting legal documents. Senior lawyers from Hong Kong and Macau will also be there, so you have to pay attention to your clothes. Don’t be too casual—no jeans like the ones you’re wearing now. And Da-Yong, you have to wear a suit and tie tomorrow.’ The next day we put up in a villa in Holland Village and started our work.” (6)
When Yang Bin invited Tong Lian-Fa, Yang Da-Yong and Cui Yang to his office, Ma Ning and Li, a Hong Kong lawyer, were already present.
Yang Bin briefed them. “The senior lawyers from Hong Kong and Macau have finished drafting the guidelines for foreign investment in Sinuiju. Tong Lian-Fa, you’re our international law specialist. Please review these documents from the perspective of international law.”
Ma Ning asked Tong Lian-Fa and his staff, “Do you know North Korean law?”
Tong Lian-Fa smiled. “What we are drafting now are the laws of an SAR, which are definitely different from the laws of North Korea. If the laws in the SAR are to be drafted based on the laws of North Korea, then we are of no use to you. You just need to ask North Korea to give you a copy of their framework.”
Tong Lian-Fa looked at Hong Kong’s Li. “Let’s work together, and draft something that integrates Hong Kong’s commercial law.”
With his two disciples, Yang Da-Yong and Cui Yang, Tong Lian-Fa went back to their villa and worked almost day and night to draft a Basic Law for the SAR. Two days later, it was completed. (7)
On March 31, 2002, the North Korea delegation, 12 members in total, arrived in Shenyang.
Accompanied by Ma Ning, Li Gang, Shi Jun, Zhou Xiang and others, Yang Bin welcomed the North Korean delegation in the lobby of Shenyang’s Taoxian Airport. Female staff from the Reception Office presented each guest with fresh flowers. The Euro-Asia Group dispatched two extra-long Mercedes-Benz limousines, four standard Mercedes-Benz, one Rolls-Royce and one BMW as well as several vans.
When they arrived at the Holland Village, over 100 Euro-Asia Group employees welcomed them with flowers, applause and fireworks. That night, Yang Bin held a welcome banquet for his North Korean guests in the Tropical Rain Forest Restaurant near Swan Lake. (8)
On April 2, Professor Luo Wei-Jian, the Macau University Law School jurist who had participated in drafting the Basic Law for both the Hong Kong and Macau SARs, arrived in Shenyang. The same day, Li Su, Zhou Fang-Sheng also made their appearance.
By now, all the experts invited by Yang Bin were present in Holland Village. Besides Yang Bin, there were also Ma Ning, Wang Hui-Dong, Li Su, Zhou Fang-Sheng, Li Ying-Zhou, Luo Wei-Jian, Wang Nuo, Tong Lian-Fa, Yang Da-Yong and Cui Yang.
Yang Bin opened a discussion on the first draft of the Basic Law that quickly heated up. Just what was the actual function of the Basic Law?
This question annoyed Hong Kong’s Li Ying-Zhou. He and Deputy Dean Tong Lian-Fa had worked hard on this, the second draft now under discussion, as well as the earlier one. He was peeved to see that his work being casually criticized by those less versed in the law.
Li Su turned to his friend Luo Wei-Jian. “Luo, you are the specialist in this field. What do you think about it?”
“I have read it,” replied Professor Luo. “It’s quite something!”
“Would you please tell us the difference between the role of a Chief Executive of an SEZ versus that of an SAR?” Yang Bin requested Luo Wei-Jian.
“The Chief Executive of a Special Economic Zone is actually the Chief Administrator who is responsible for the economic development and administration of the SEZ, but he possesses neither legislative power nor judicial power,” answered Professor Luo. “If Sinuiju is an SEZ, then the government of North Korea is in charge of legislation for, and administration of justice within Sinuiju. ‘Legislative power’ includes defining the scope of laws to be enacted, the legislative body and legislative procedures. As the holder of legislative power, the North Korean government would be responsible for drafting, finalizing and passing all legal documents of the prospective SEZ through by what is commonly called an assembly.
“By ‘judicial power” is meant the body which enforces the law, and significantly, the final judgment authority, which in Hong Kong rests in the hands of the Lord Chancellor. So whether this zone has its own three powers makes a huge difference!”
Tong Lian-Fa discovered that except for Li Ying-Zhou and Luo Wei-Jian, no-one there, including Yang Bin, was familiar with the law and its legal consequences. So he explained more directly: “If you don’t have legislative power, then you are unable to draft, pass or implement general-use international laws. In that case, how can you attract investors? Yang Bin, as you know, foreign investors pay close attention to whether there is a fair, open, and transparent legal system in place when they make investment decisions.”
“Alright. Assisted by Professor Luo and Li Ying-Zhou, Deputy Dean Tong will be in charge of writing the relevant commercial clauses into the Basic Law. Work out the details tonight. Tomorrow, we’ll translate it into Korean and pass it to the North Korea delegation. Then we’ll negotiate on the details of the Basic Law with the Korean side the day after tomorrow,” concluded Yang Bin. (9)
The first round: Two conflicting concepts
On April 4, 2002, the first round of formal negotiations was held in Holland Village, Shenyang.
The North Korean delegation was composed of 12 officials, including 10 negotiators. Kim Dongkyu, President of Pyongyang General Horticulture Company, was the Chief Delegate. His assistant and an interpreter aside, the rest of the delegation were North Korean officials from the Ministries of Trade, Foreign Affairs and National Security, the Standing Legal Committee of the Supreme People’s Assembly, the National Planning General Bureau, the Institute of Science, and Pyongyang General Horticulture.
But they presented themselves as representatives of the Economic Cooperation and Promotion Committee of North Korea, rather than as government officials. Why? Perhaps because Yang Bin’s side was there in the name of the Holland Euro-Asia Group, i.e., Yang Bin himself.
Could the Economic Cooperation and Promotion Committee of North Korea rightfully represent the government of North Korea? The experts invited by Yang Bin harbored doubts about this, especially at the first meeting when the Korean negotiators introduced themselves as representatives of the committee, or as executives in Pyongyang General Horticulture Company, without disclosing their official capacities. Only after subsequent meetings did these experts become familiar with one another and learn their counterparts’ full names and positions.
Recommended by Yang Bin’s associates, the Chinese delegates came from all over China. Although some possessed foreign citizenship (Yang Bin and Ma Ning held Dutch passports), all were ethnically Chinese. Therefore, the Koreans and everyone in Holland Village dubbed them “the Chinese delegation”, too. In fact, they were simply “Yang Bin’s delegation”.
There were 11 members in Yang Bin’s delegation including two legal assistants and one full-time translator, Jin Hu. The Chief Delegate was Yang Bin, and Ma Ning his Deputy (10). I was allowed to attend their meetings as a writer and media advisor.
Yang Bin’s delegation presented the “Basic Law of the Sinuiju Special Administrative Region in the Democratic People’s Republic of Korea (discussion draft).” Drawn up by Deputy Dean Tong, it was mainly a draft Basic Law, but also integrated content put forth by Professor Luo Wei-Jian and Hong Kong lawyer Li Ying-Zhou in an “Agreement”.
As to this “Agreement,” an explanation is in order.
Several “Chinese delegates” recalled that during their first visit to Holland Village, the North Korean side had offered a Korean-language text of an “Agreement” regarding the Sinuiju zone. Yang Bin had it translated into Chinese and sent it to the Hong Kong lawyer, Li Ying-Zhou, for his reference. Li Ying-Zhou drafted a legal text, drawing on the Korean “Agreement,” but primarily reflecting Yang Bin’s vision for the SAR, economic rights, certain concrete arrangements, etc. In fact, this modified legal text still focused on commercial issues.
Later, the Basic Law penned by Tong Lian-Fa and the “Agreement” written by Li were combined into the draft of the Basic Law (11), mentioned above.
Yang Bin had the discussion draft translated into Korean on April 3. At 10 a.m. on April 4, the two parties began their negotiations on the fourth floor of the Euro-Asia Group office building, also known as the “Dutch Queen’s Palace”.
After his welcome speech, Yang Bin briefly outlined the purpose and the status of the draft Basic Law. He said that the Basic Law was the fundamental law of the future Sinuiju SAR, like the Basic Law of the Hong Kong and Macau SARs, and would be announced to the outside world and executed accordingly.
Therefore, the Basic Law should comply with, and be a part of the constitutional law of the DPRK, in order to guarantee that the central government could carry out basic policies regarding Sinuiju. The central government should provide the Sinuiju SAR with all necessary support and assistance.
At this time, the Korean version of the draft Basic Law was distributed to the North Korean delegates.
The North Korean negotiators browsed the discussion document. Since they had just received the text and were not familiar with the details, Yang Bin suggested the meeting adjourn and continue in the afternoon after the delegates had read the document in full. President Kim agreed.
In the afternoon, the meeting started again, but this time, the North Koreans were looking very serious indeed.
“The Sinuiju Special Zone is different from that of your Hong Kong or Macau,” announced Chief Delegate Kim, “where capitalism is guaranteed for 50 years. Hong Kong and Macau were occupied and leased by force from China by Great Britain and Portugal, respectively, for centuries, after which they reverted to China. Sinuiju, on the other hand, belongs to a sovereign state, and we are simply allowing for a portion of it to be managed by a third party. Sinuiju is a unique case, and different from Hong Kong and Macau. You must keep this unique factor in mind.
“I would like you to think about this: Firstly, the modality of the Sinuiju Zone. There are various kinds of special zones in the world and we have to identify the most appropriate. It cannot be the same as Hong Kong or Macau, both of which have certain post-colonial characteristics,” continued Chief Delegate Kim. “And it must also differ from Shenzhen. It must become the best economic zone in the world; secondly, the modality must be one that can obtain the support of the government of China. I believe that the Chinese government will be supportive because friendship between China and North Korea has already passed the test of the blood and fire.”
A further statement was made by a legal counselor in the North Korean delegation. “We believe the name of the zone should reflect its features. So we suggest the term ‘Special Economic Zone,’ which has been explained in our constitutional law. The Rajin-Sonbong Free Trade Zone is managed by the government, and its laws are applicable to North Korea.
“For the Sinuiju SEZ, President Yang Bin is to be the person in charge, and he will be responsible for the management of this area. The management models of these two special economic zones are different. Commercial activities will be President Yang Bin’s responsibility, and we shall not interfere with those matters. Security will be handled by the North Korean government.”
The attitude of the North Korean delegates was clear. They did not agree with the concept of Sinuiju as a “Special Administrative Region;” they preferred a “Special Economic Zone.” Yang Bin would be responsible only for commercial activities, while the government of North Korea would be responsible for the zone’s political aspects, i.e., the state structure, and the legislation and implementation of laws. In other words, North Korea would be responsible for the police, the procuratorate (investigation and prosecution), and the courts. All activities in the zone would be under the constitutional law of North Korea. There would be no independent authority possessing administrative, legislative, or judicial power.
In fact, it would be just a clone of the Rajin-Sonbong Free Trade Zone. Only this time the Chief Executive would not be a North Korean, but a Dutch Chinese—Yang Bin.
Yang Bin would be in charge of attracting foreign capital, economic construction and commercial activities, but without any legal guarantees to do so. Since there would be no Basic Law for the zone, he would not possess independent legislative, judicial or administrative power in it. At most, he would have a limited amount of administrative authority.
But Yang Bin’s delegates agreed unanimously that Sinuiju wouldn’t be much different from the Rajin-Sonbong zone if Yang Bin were only responsible for commercial activity. “In reality, besides the zone’s location and the fact that it was administered by a North Korean official, the key factor behind the failure of Rajin-Sonbong was the lack of international capital and multinational players. If we want to attract foreign investment,” argued Yang Bin, “we need to provide investors with legal safeguards. Foreigners place their faith in the law, not in people. We hope the North Korean side will take this into serious consideration.”
Located in the area bordering on China and Russia, Rajin-Sonbong was the first-ever free trade zone in North Korea. But technically speaking, it did not classify as a “Special Economic Zone.” Given, the North Korean government did wish to transform the area into a bustling center of business and foreign trade, but it was located inconveniently in the far northeast, several dozens of kilometers away from Huichun City in Jilin Province. Managed as an extension of North Korea’s “planned economy”—and administered by a North Korean official—few successes had been recorded over the past three years.
Although the Korean delegates identified themselves as the vice-presidents, directors or advisers of the Economic Cooperation and Promotion Committee of North Korea, they were believed to be high officials from various departments of the North Korean government, and thus familiar with the experiences and lessons of the Rajin-Sonbong Free Trade Zone.
Yang Bin continued. “As President Kim pointed out, the Sinuiju zone must be unique, and therefore we should not follow in the steps of Rajin-Sonbong. I suggest that we devise a better model together.
“A ‘Special Economic Zone’, or a ‘Special Administrative Region’—which modality would best serve the interests of attracting investment? No matter what your answer, Sinuiju should be the most beautiful and most attractive special zone worldwide, one where international investors are happy to invest. That’s our shared goal. Let’s compare Sinuiju to a restaurant, for one moment. If we want to attract global investment in our restaurant, we must have an excellent menu. And the Basic Law is our menu.
“What do you think about this, my North Korean friends? You have just received the draft of the Basic Law and haven’t enough time to go over the details. So I suggest you go back, study it carefully and prepare to discuss it tomorrow.”
Thus ended the first day of negotiations.
The North Korean delegation took dinner in Hague Hotel, while Yang Bin’s delegation gathered at his personal villa. Lounging on sofas, the delegates debated the differences between a Special Administrative Region and a Special Economic Zone. If the zone were established merely to facilitate business and trade, which foreign entities would be willing to invest billions of dollars to build a harbor there?
Later, Ma Ning told me that the initial reaction of the North Korean delegation was to refuse Yang Bin’s proposal. To report back to Pyongyang and get instructions, the Deputy Director of the Economic Cooperation and Promotion Committee was dispatched to the capital. He returned the same day with good news: The government in Pyongyang agreed to consider Yang Bin’s proposal, and authorized the Korean delegation to continue their negotiations.
On April 5, the negotiations took up again in earnest.
Xu Ming-Kui, the legal expert in the Korean delegation, spoke first. “We have studied your ‘Basic Law.’ We consider that legislative power and judicial power belong to our country, and therefore to the central government. Of course, to empower President Yang Bin with more authority in order to attract foreign capital, our central government could grant him partial powers of legislation and jurisdiction.
“Marshal Kim believes in President Yang and invites him to administer the Sinuiju Special Economic Zone, for a period of 50 years. Our government will do its utmost not to interfere, in order to create the best possible investment environment.”
For his part, Yang Bin focused on what the future ‘Sinuiju Special Economic Zone should be. “Our North Korean friends have seen the scale model of the Sinuiju Special Economic Zone in Holland Village. These 82 square kilometers of land will house the most beautiful special zone in the world; I will hire the best architects in the world to design it for us. There will be buildings in the English and French styles, as well as the most modern skyscrapers in the world. It will be as beautiful as Geneva, full of trees and green grass, and it will also be an eco-friendly zone. It will take five years to lay the groundwork, and perhaps 10 to 15 years to complete.
“And how much capital will all of this require? At least US$50 billion to US$ 100 billion, and to complete the entire project, US$400 billion. Now, I don’t possess that much money. Even if I invited all the enterprisers I know to invest, I couldn’t raise US$50 billion.
“So where will the funding come from? We must solicit entrepreneurs and capital from all over the world, including loans from the World Bank and the Asian Development Bank. Will they provide us with loans or make investments in return for nothing? No, absolutely not. They expect a profitable return on their investments. So we must have preferential policies, the lowest tax rates and the best investment environment in the world.
“And what shall we use to safeguard their investments? The law. Laws that they recognize. We have researched and compared various legal systems and the laws of various economic zones worldwide to set down in writing the ‘Basic Law of the Sinuiju Special Administrative Region,’ and we believe it will pleasantly surprise capitalists worldwide, and win their praise.”
Yang Bin continued his passionate speech. “Marshal Kim believes in me and entrusts me with the responsibilities of the design, planning and construction of the 82 square kilometers of Sinuiju within the territory of North Korea. I will not let him down. And I will not let down the people of North Korea. We are all one family. We have to make Sinuiju a success. I hope that you can all understand me…”
President Kim, chief of the Korean delegates, took the lead in applauding, followed by the other Korean delegates. A consensus had been reached: Identify the best model for the Sinuiju zone, and continue to discuss the Basic Law in the spirit of seeking common ground while minimizing differences.
The negotiations continued fairly smoothly thereafter.
On April 12, detailed discussions were held regarding 17 points of contention. Opinions continued to diverge somewhat, but it was seen as a good start and progress continued. (12)
On Sep 12, 2002, the Standing Committee of the Supreme People’s Assembly issued Decree 3203, promulgating “The Basic Law of the Sinuiju Special Administrative Region in the Democratic People's Republic of Korea.”
It should be evident to the reader that the Basic Law was in full accordance with standard international practices. North Korea had finally taken its first step toward opening up, a step that thrilled the international community and was welcomed by it.
Behind this outcome were the tremendous wisdom, time and effort devoted by Yang Bin’s delegation to peace and development in northeast Asia. From the beginning of March 2002 to October 4 of that year—when “Yang Bin was placed under formal house arrest for investigation as per the law, due to allegedly illegal activities by him and firms associated with him”—Yang Bin and his team had devoted seven months to reach this milestone.
I want to point out that, as of today and the completion of this book, none of Yang Bin’s delegation had been paid one cent for their services. More than a dozen of these experts and scholars from various fields had all made their contribution free of charge. This is why I have revealed their full names in this book. I hope that readers and contemporary historians will remember their names.
Equally impressive was the contribution of the North Korean delegation. The delegates carried a heavy responsibility, entrusted as they were by their country to move towards instituting standard international practices, and each step forward was an arduous one. They did eventually complete “The Basic Law of the Sinuiju Special Administrative Region in the Democratic People's Republic of Korea.” No matter what your viewpoint, the contribution of these delegates should not be ignored. Let them be remembered forever in the history of Korea!
Footnotes:
1. Ma Ning’s biography: 1957: Born in Nanjing; 1974: Began his career at Nanjing Red Flag Pastures; 1978: Studies in the Chemistry Department of Nanjing University; 1982: Assistant Engineer in Number 9449 Factory, under the Ministry of Weaponry; 1984: Earned M.S. in Agronomics from the China Academy of Agricultural Sciences; 1987: Joined the Chinese Communist Party, and went on to become Project Manager at China Hua Yang Technology and Commerce General Company, as well as Project Official for the International Cooperation Bureau of the China Academy of Agricultural Sciences; 1989: Visiting scholar in Holland studying the EU’s agricultural development, and subsequently obtained Dutch citizenship; 1991: Doctoral candidate at the Economics Department of Wageningen University (Holland). 1994: Senior manager in a Dutch company, handling China business; 1999: Joined Pioneer Seed Industrial Company, an American company, as Chief Representative in China; 2002: Joined Euro-Asia Group as a Vice-President, and also served as the first Deputy Director of the Workgroup for the Sinuiju SAR.
2. Born in Dalian in 1954, Wang Nuo is a harbor design expert with a doctorate in systems engineering. His works include “Re-birth of Systematic Thinking,” “Network Planning Techniques and Related Research,” and the soon-to-be-published “Trends in the Reconstruction and Development of the World Ports.” On Oct 9, 2002, he joined the Global City Planning Forum in the U.S. as a Chinese urban planning expert.
3-4. From my July 2002 conversation with Wang Nuo.
5. A native of Shenyang, Tong Lian-Fa graduated from China University of Political Science and Law, and then taught at Liaoning University Law School. Beginning April 21, 2002, when we first met in Pyongyang, together with other members of Yang Bin’s delegation we attended the meetings where documents were drafted in preparation for the first round of negotiations. As to how Tong Lian-Fa came to be part of the group drafting legal documents, he put this down in writing for me.
6. From my May 22, 2002, conversation with Yang Da-Yong.
7. From my Aug 2, 2002, conversation with Tong Lian-Fa.
8. Zhou Xiang, Director of the Reception Office of the Euro-Asia Group, told me about this in Dandong City.
9. Details about how the Sinuiju Basic Law was drafted were provided by Tong Lian-Fa, Luo Wei-Jian, Wang Nuo and Yang Da-Yong, among others.
10. The list of the delegates in the first round of negotiations was provided to me by Wang Nuo, Tong Lian-Fa, and Yang Da-Yong, among others.
11. Lawyer Yang Da-Yong offered me details about the initial drafting of the Basic Law and its later integration with the “Agreement” to become “The Basic Law of the Sinuiju Special Administrative Region in the DPRK (discussion draft).”
12. From Professor Luo Wei-Jian’s original notes, I copied the 17 points of contention between the two delegations concerning the Basic Law.
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