Revocation of visa-free privilege is another sword

This is a very difficult issue to understand for ordinary mortals like me. The matter of the cancellation by the Hong Kong government of the non-visa requirements for the Philippine diplomatic officers is just too profound. But, despite the density of the subject, or perhaps because of the difficulty to comprehend it, Filipinos should start looking at the issue with concern, involvement and fortitude. I believe that it is our duty to know what this is and possibly why it is happening if only to be able to stand by our flag with a sense of dignity and pride.

The move of the Hong Kong government of revoking of the visa-free privilege of Philippine diplomatic and official passport holders means that all such officers, effective February 5, need prior visas to enter Hong Kong. This is, without doubt, a form of sanction. The reason offered why our government is penalized is because it did not issue apology for the bungled hostage handling that took place in Manila three years ago. Hong Kong government was not satisfied with all the efforts taken by various government agencies and high-strung Philippine officials to mollify the sentiments of the relatives of the Chinese victims.

Let us start our concern by looking at an international law concept that is likely the anchor of the swagger of Hong Kong.  There is such a thing as the doctrine of state responsibility. When an act of violence occurs within a state, that state is indirectly responsible. Under this concept, a state, like the Philippines, maybe construed under the obligation to make reparation to another state, Hong Kong, for the failure to fulfill its (Philippine) primary obligation to afford protection to an alien (from Hong Kong) who sojourns within.

The actuations of the Hong Kong government, ever since that incident, seemed to point an accusing finger at our government for the deaths of its citizens at the hands of a disgruntled former police officer. Hong Kong blamed our state for the criminal act of one man in holding hostage its citizens and their deaths following a botched police rescue attempt.

Hong Kong knows the full range of the application of this doctrine. It knows, for instance, that the Philippines cannot be considered to be an absolute insurer of the morality and behavior of all persons within our jurisdiction. The book of Justice Isagani Cruz, on Public International Law, is very instructive when it says that "a state cannot be held responsible if an alien is x x hurt in an accident through the fault of another individual x x. One essential element for our responsibility is that the act should be imputable to the Philippines. And it was not. It seemed the Hong Kong government was the only party who did not know that the hostage-taking was not perpetrated by a private individual.

I cannot separate this late move of the Hong Kong government to a fairly recent drawing by China of a map purporting to cover all its territories. In that map, a large portion of Philippine territory is included. Can you imagine that that map skirts only a few miles off Zambales province? Neither can I sever this non-visa requirement imposed by Hong Kong on our diplomats from the declaration of a province of the People's Republic of China to the effect that anybody who plans to enter a part of West Philippine Sea should secure its clearance.

On the other hand, Sen. Salonga says that this doctrine of state responsibility points to  "abuses in the past x x against weak states. There is no question who is weak between the Philippines and China. Indeed, the history of this doctrine "shows that its driving force was the desire of governments for political influence". Certainly, the Philippines is not possessed with such desire.

I am particularly pleased with the decent, even if, subdued stance by our government. We need to rise and be heard in unison, to demonstrate our collective national support. I hope that the reliance by our government on postulates of accepted International Law gets propped up by the international theater because I am also certain that while we are unable to match China's immense power, its bullying is interminable.