Once again, some signs that China is ‘softening’ on contovertial cases. Question is: is it a general policy or only for this year, the year of leadership change?
07/08/2012
* In China’s Power Nexus, a Tale of Redemption
WSJ: “Liu Minghui’s battle to clear his name and save his business, a fight that pitted him against some of the most powerful forces in China, began the day of his company’s Christmas party in 2010.
Mr. Liu was set to leave his 18th-floor office in Shenzhen to cross the nearby border to Hong Kong for the party when plainclothes Public Security Bureau officers arrested him on suspicion of stealing money from the company he ran and co-founded, China Gas Holdings Ltd.
The former managing director spent nearly the next year in a Chinese jail, during which time he was forced to leave his executive and board roles at the company while remaining a substantial shareholder. He emerged from detention in time to see one of the country’s biggest companies launch a hostile offer for China Gas, the first by a state-owned business against a privately controlled company.
Now Mr. Liu’s comeback is nearly complete. He has been exonerated in the embezzlement case and is poised to win his fight with state-owned energy giant China Petroleum & Chemical Corp., or Sinopec, and its partner, ENN Energy Holdings Ltd. The bidding consortium on Monday extended the deadline for the US$2.15 billion offer until early September, saying the bid is still waiting regulatory approval. But with the stock trading at a 22% premium to the offer price of 3.50 Hong Kong dollars a share, the group seems unlikely to attract the shareholder support needed to take control.
…
The case highlights the harsh nature of business in China, where the legal system is opaque and the fate of companies can be decided in Beijing. It remains unclear why Mr. Liu was arrested and then cleared, why Sinopec bid for his company and why a surprising group of white knights came to Mr. Liu’s rescue.”
via In China’s Power Nexus, a Tale of Redemption; Sinpec, China Gas, Liu Menghui – WSJ.com.
In the same issue of WSJ.com, this article shows the positive (though still opaque) side of Chinese criminal justice and another the opposite: https://chindia-alert.org/2012/08/07/chinese-criminal-procedure-at-its-worst/
Related articles
- Beijing Enterprises Raises Stake in China Gas to 20.30% (blogs.wsj.com)
- China Gas Doesn’t Think ENN-Sinopec Takeover Bid Will Succeed (blogs.wsj.com)
07/08/2012
* Chinese Criminal Procedure at its Worst
WSJ: “On July 23rd in Guizhou province, lawyers obtained a partial victory for some of the defendants accused of involvement in organized crime. Not all the accused were as fortunate, and the limited results came with the support of an intense Internet campaign to publicize gross violations of China’s Criminal Procedure Law by police and judges.
This case shows Chinese criminal procedure at its worst. It exposes extensive cooperation between police and court officials in violating Chinese procedural law to obtain convictions in a case brought during a nation-wide campaign with strong political overtones. At the same time, it also provides a glimpse of the work of dedicated lawyers defending their clients and how they have begun to use the Internet to publicize the problems they encounter. The case is reported in great detail in a blog post on Tea Leaf Nation that is well worth reading and is the source of the following account of the events in this case to date.
In March 2010, Li Qinghong, a real-estate businessman, was sentenced to 19 years in prison for alleged involvement in organized crime The case against Li and 16 others had begun in 2008 with a charge of gambling, but escalated in 2010 when a nation-wide “crackdown” campaign against organized crime was launched. In this case, the Guizhou Provincial Coordination Office to Fight Organized Crime organized a meeting to mobilize police, prosecutors and courts to cooperate closely.
The case was remanded by the Guizhou Provincial Court for “lack of factual clarity,” and the Guiyang City District Court reprosecuted the case this year and increased the number of defendants to 57. The defendants’ lawyers took to the Internet to appeal for additional legal assistance, and were ultimately joined by lawyers from outside Guiyang Province. According to the CCP-led Global Times, a total of 88 lawyers formed a panel for the defense.
The defense lawyers say they regarded the case as a test of the entire criminal defense system, because it involved illegally obtained evidence, false testimony and the complicity of police and the courts in these procedural violations. At the trial more than 10 defendants testified to having been tortured, the police were not allowed to testify, and the court refused to exclude evidence that allegedly had been obtained illegally, according to the Tea Leaf Nation account. In addition, during the proceedings the court expelled four lawyers for their aggressive arguments on procedural violations.
The account goes on to say that court officers promised the defendants who were represented by lawyers from outside of Guizhou that they would receive lenient sentences if they fired those lawyers, which some did — only to reveal three weeks later that they had released their lawyers solely because of great pressure on them. Some of those defendants then rehired their lawyers. After these events, one lawyer was quoted as saying “The criminal defense system in China is near its doomsday.”
The defense lawyers took their efforts to the public via the Internet in addition to vigorous arguments in court. They say that at issue was “the last defense, a life-or-death moment for the rule of law and for criminal defense.” They obtained only a partial victory: Although some defendants were found innocent, defendant Li Qinghong was sentenced to 15 years in prison. Li has appealed.
The defense lawyers ascribed their (partial) success to a massive use of microblogs, having posted more than 1,000 tweets, including extensive daily updates via Sina Weibo, during the 47-day trial. They emphasized that their use of social media filled a vacuum created by traditional media’s lack of attention to the case. They are quoted in the blog post as saying that these efforts, in addition to raising netizens’ awareness of the issues at stake in their case, “balanced the voice of the official media,” and helped to protect the lawyers’ personal safety.”
via Chinese Criminal Procedure at its Worst – China Real Time Report – WSJ.
In the same issue of WSJ.com, this article shows the ‘worst of’ Chinese criminal justice and another more ‘positive’ case: https://chindia-alert.org/2012/08/07/wsj-in-chinas-power-nexus-a-tale-of-redemption/
See also: http://unintend-conseq.blogspot.co.uk/2012/08/social-media-triggers-revolutions.html
29/07/2012
* China Court Dismisses Ni Yulan’s Fraud Conviction
NY Times: “A Chinese appeals court on Friday threw out a fraud conviction against a human rights activist who has fought on behalf of people evicted from their homes, but it upheld a separate conviction against her for causing a disturbance, her lawyers said.
A lower court had ruled that the activist, Ni Yulan, and her husband, Dong Jiqin, acted in an unruly way when they failed to pay for their stay at a hotel — where they had been detained by the police — and mistreated staff members. It also ruled that Ms. Ni had received money through deceit.
One of her lawyers, Cheng Hai, said the higher court, the Beijing First Intermediate Court, had rescinded the fraud conviction and reduced Ms. Ni’s prison sentence by two months to two years and six months after the person who gave Ms. Ni the money told the court it was a donation.
“We consider it a success,” said Dong Qianyong, another lawyer for Ms. Ni.
Public disturbance convictions against the couple remain, and Dong Jiqin’s two-year sentence handed down by the lower court stands, Mr. Cheng said.
Mr. Cheng said he planned to appeal again for Ms. Ni’s release.”
via China Court Dismisses Ni Yulan’s Fraud Conviction – NYTimes.com.
Yet another indication that China is softening its approach towards dissidents.
See also: https://chindia-alert.org/2012/05/20/china-dissident-chen-guangcheng-arrives-in-the-us/
20/07/2012
* China artist Ai Weiwei’s tax evasion appeal rejected
BBC News: “A court in China has rejected an appeal by Chinese artist and dissident Ai Weiwei against a tax evasion fine, his lawyer says.
Police barred Mr Ai from attending court in Beijing’s Chaoyang district to hear the verdict delivered.
Tax authorities imposed a 15m yuan ($2.4m, £1.5m) fine on Mr Ai’s firm for tax evasion in 2011. Supporters say the fine is politically motivated and Mr Ai wanted the court to overrule the penalty.
”We will keep appealing, until the day comes when we have nothing to lose,” Mr Ai said via Twitter. His lawyer Pu Zhiqiang, who was in court for the verdict, told reporters that the ruling was ”totally without reason”.
The artist, a outspoken critic of the government, was detained for almost three months without charge last year. “This country has once again proved to the world that law and justice don’t exist here” said Ai Weiwei on Twitter.
Outside his door witnesses counted up to 32 police cars.
His lawyers told the court the police were acting illegally preventing a free man from hearing the verdict in his own case. The entire case they say is illegal, from the secret detention of Mr Ai to the fact there’s no real evidence of tax evasion.
Ai Weiwei’s fame, his adept use of social media, his refusal to stay silent, and his persistent, sometimes impudent, criticisms of the Communist Party’s rule have all made this a litmus test for the way the party deals with dissent.
But, with the transfer of power to a new generation of leaders looming, China’s huge security apparatus appears determined to put ”stability” and ”harmony” first, and, critics will say, due process second.
After he was released, he was accused of tax evasion and the fine imposed.”
via BBC News – China artist Ai Weiwei’s tax evasion appeal rejected.
14/07/2012
* China top leaders vow to better handle people’s petitions
Xinhua: “China’s top leaders on Friday met representatives for a nationwide conference on the work of handling the people’s petitions, vowing to safeguard the people’s rights and interests and strengthen ties between the authorities and the people.
President Hu Jintao, Premier Wen Jiabao, Vice President Xi Jinping and Vice Premier Li Keqiang met the representatives before the conference, extending their greetings to all the government staff handling the people’s letters and calls.
Zhou Yongkang, a member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee, and secretary of the Committee of Political and Legislative Affairs of the CPC Central Committee, also met representatives and delivered a speech at the conference.
The petitioning, also known as letters and calls, is the administrative system for hearing complaints and grievances from Chinese citizens.
The bureaus of letters and calls at all levels are commissioned to receive letters, calls, and visits from individuals or groups, and then channel the issues to respective departments, and monitor the progress of settlement.”
via China top leaders vow to better handle people’s petitions – Xinhua | English.news.cn.
Petitioning has been a historic means for members of the public, however lowly to put forward their grievances to someone high enough to deal with it. Sometimes, a petition would go all the way to the Emperor or, at least, to his chief minister.
The Chinese government is merely reaffirming this historic practice.
16/06/2012
* China to Investigate Death of Labor Activist
NY Times: “Chinese officials, bending to public pressure, have announced an investigation into the death of a veteran labor activist whose body was found hanging from a hospital window this month, days after he gave a series of interviews in which he vowed to continue fighting to end the Communist Party’s monopoly on power.
The dissident, Li Wangyang, who was convicted of organizing protests during the pro-democracy movement of 1989, had only recently emerged from prison. Friends and relatives have questioned how Mr. Li could have taken his own life because he was disabled from the beatings and other mistreatment he suffered during his 21 years behind bars.
Mr. Li, 62, was blind, nearly deaf and had difficulty walking unassisted.
According to the state-run Hong Kong China News Agency, public security officials in Hunan Province, where Mr. Li died, promised an investigation by a “team of experienced criminal investigation experts.” According to the agency, a police spokesman acknowledged that public pressure had prompted the announcement on Thursday.
Earlier this week, local officials in Shaoyang, the city where Mr. Li died, changed the cause of death to “accidental” from “suicide.”
Human rights advocates raised doubts after his death became public, but the suspicions began to spread more widely in the past week after family members and friends of Mr. Li disappeared or were warned by the police not to speak to the news media.”
via China to Investigate Death of Labor Activist – NYTimes.com.
Yet another case of the Chinese authorities bending to public opinion. See also:
- https://chindia-alert.org/2012/06/15/chinese-officials-apologise-to-woman-in-forced-abortion/
- https://chindia-alert.org/2012/05/20/china-dissident-chen-guangcheng-arrives-in-the-us/
- https://chindia-alert.org/2012/03/05/wukan-village-elects-own-committee-hint-of-jasmin-spring/
- https://chindia-alert.org/2012/05/31/new-punishments-for-police-abusing-prisoners/
31/05/2012
* New punishments for police abusing prisoners
China Daily: “Chinese police will face punishment ranging from demotion to dismissal if they are found to have abused inmates or connived in the maltreatment of prisoners, according to a provision published by the Ministry of Supervision on Wednesday.
Police will be fired if prisoners die as a result of their beating, corporal punishment or maltreatment, as well as their manipulation or connivance in similar misconduct, reads the provision. Dismissal also applies in cases of police found to have harbored criminal activities committed by inmates, or to have helped prisoners escape.
The provision, which will take effect on July 1, serves as a discipline guidance for police in prisons and labor camps, meaning police will face criminal charges simultaneously if their misconduct breaks the law.
In China, those who commit misdemeanors are normally placed in reeducation-through-labor centers instead of prisons. China promulgated a six-article ban governing the conduct of prison and labor camp police in 2006. It prohibits police from abusing prisoners, collecting money and belongings from prisoners families, gambling and drinking in working hours.”
via New punishments for police abusing prisoners |Society |chinadaily.com.cn.
Another sign of the Chinese government trying to establish the rule of law; part of the reform urged by Premier Wen.
Related post:
24/05/2012
* Public feedback invited on disabled laws implementation
Xinhua: “China’s top legislature has invited the public to give feedback on the enforcement of the Law on Protection of the Disabled, in a bid to check the laws implementation.
Till June 30, the public can log on http://www.npc.gov.cn, the website of the National Peoples Congress NPC, to record existing problems in the laws implementation and their suggestions, according to a statement issued on Wednesday by the NPC. The public are also encouraged to write letters to the congress reflecting problems and advice concerning the law. Additionally, field inspections on the laws implementation have been ordered across the nation, according to the statement. It cited inviting public feedback as an example of how the NPC is innovating on ensuring laws are implemented, adding that opinions collected will be made public. The amended Law on the Protection of the Disabled took effect on July 1, 2008, giving disabled people access to better medical care, financial support, fair job opportunities and favorable tax policies.”
via Public feedback invited on disabled laws implementation – Xinhua | English.news.cn.
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