SHENZHEN’S human resources and social security bureau has agreed to grant Shenzhen hukou, or permanent residency, to a restaurant owner who was once put in a drug rehabilitation center, after Shenzhen Intermediate People’s Court issued the case’s final judgment, Shenzhen Economic Daily reported.

    In April 2011, Shenzhen relaxed its hukou policy, allowing migrant workers who have accumulated at least 100 credit points to apply for permanent residency.

    After living in the city for 20 years, the restaurant owner, surnamed Chen, has accumulated 126 credit points through tax and insurance payments, donations and other legal methods, making him eligible to apply.

    However, in October 2011, the human resources and social security bureau rejected Chen’s application, saying that an applicant should have no criminal record and no record of being subjected to reeducation through labor. The city’s public security bureau found that Chen was once put under administrative detention for 15 days for taking drugs (the report did not specify which type) and treated in a drug rehabilitation center for half a year.

    Chen filed a lawsuit against the decision and submitted a certificate of noncriminal record, which was issued by Fushun’s public security bureau in Liaoning Province, where Chen’s permanent residency was registered.

    In the first trial, Futian District People’s Court ruled that certificates provided by authorities from Fushun and Shenzhen were the “complete opposite” of each other and asked Shenzhen’s human resources and social security bureau to verify the facts with the local public security authority. The court held that the bureau should withdraw its decision against Chen due to a lack of evidence.

    The bureau didn’t appeal. After the rule took effect, the bureau again denied Chen’s application request.

    Chen again took the bureau to the Futian court, this time accusing the bureau of violating the country’s anti-drug law, which states that drug addicts will not be discriminated against regarding schooling, employment and social security.

    The Futian court ruled that the decision by the city’s human resources and social security bureau pertained to whether Chen could transfer his permanent residency to Shenzhen, rather than to legal rights to education, employment and social security, and that the social security bureau therefore did not violate China’s anti-drug law.

    Chen then appealed to Shenzhen Intermediate People’s Court, which revoked the bureau’s decision, saying it had wrongfully applied the law.

    (Luo Songsong)