Roundup - 31/12/2009

• A Chinese researcher has suggested that China acquire an overseas naval base to resupply its squadron in the Gulf of Aden. China has an avowed policy of not maintaining foreign military bases or forming military alliances however, the comments were made by Admiral Yin Zhuo, senior researcher at the navy's Equipment Research Centre. Yin Zhuo said that other countries were unlikely to object as the US, the EU and Japan all already have naval bases in the area. China's naval squadron in the area currently use a French base to resupply but concerns over how China's naval presence in the area would be viewed led to the squadron spending four continuous months at sea before resupplying for the first time.
  
  Concerns have been raised that the Chinese navy may be seeking to expand its presence abroad. The PLA has previously declared that China's energy security is a matter of national security and, as most of China's oil comes through the Gulf of Aden from Africa and the Middle East, many have wondered how long it will be before China seeks to maintain a naval presence in the area.
  
  Previous reports about China's desire to set up naval bases in Bangladesh, Myanmar, Cambodia and Thailand have lacked evidence. However, India has voiced concerns about China's funding of a deep water port in Gwadar, Pakistan. So far, no suggestion has been made as to where any naval base should be located.
  
  
  
• Four foreigner may face the death penalty over a drugs haul in Shenzhen according to a Hong Kong newspaper. Beijing backed Ta Kung Pao reported that four foreigners were among nine arrested over possession of 144.5kg of heroin in August. According to Chinese law possession of large quantities of illegal drugs can be punished by the death penalty. A Reuters report suggests that Chinese authorities may have approved the release of this information now to bolster China's position in relation to the execution of Akmal Shaikh which has caused a diplomatic row with the United Kingdom.
  
  
  
• Xinhua has announced ambitious plans to launch two new international channels. From January 1^st China Xinhua News Network Corp. will launch CNC and CNC Finance and Business. The channels will be available throughout Asia and in some European countries although it has not yet been announced which ones. CNC World News hopes to begin broadcasting in English by July. Earlier this year China Central Television launched an Arabic language channel which now broadcasts to a population of 300 million.
  
  
  
• The US International Trade Commission has voted unanimously to place tariffs on imports of Chinese steel tubing. The tubing, meant for use in the oil industry, will now face a tariff of 10.36-15.78%. Lawyers say this will be the largest countervailing duty imposed on Chinese imports by volume of trade. The US imported $2.74 billion of steel pipes from China last year. China's Ministry of Commerce has said it is strongly opposed to the new duty but has stopped short of taking any retaliatory action.
  
  
  
• The fouder and ex-editor of Caijing(财经) magazine has taken the position of executive editor at New Century News. Hu Shuli won acclaim at Caijing for pushing the boundaries of what could be reported. Caijing led the way in exposing government corruption, exposing the cover-up of the SARS epidemic and the role of poor construction in the Sichuan earthquake disaster. Hu Shuli left Caijing in a row with its owner, who wanted to limit the budget and soften the editorial line on sensitive stories. Many who worked under her at Caijing have also switched to the new publication and it is expected that New Century News will reprise the role that Caijing played in the Chinese media. Next months issue of Century Weekly will be the first with Hu Shuli in charge.
  
  
  
• People's Daily is reporting that world media is praising China's role in the Copenhagen talks on climate change. The report says that state media from different counties 'including India, Pakistan, Indonesia, Central African Republic and Malawi' have all praised China for its handling of the negotiations. Media from the UK, US and Europe has generally been critical of China's role.
  

Akmal Shaikh - A Victim of China's Unfinished Legal Reform

The execution of Akmal Shaikh today saw the conclusion of a case which provides a clear example of the transitional state of China's legal system. Chinese political reforms have progressed rapidly over the last two decades, from a system where cases were decided purely on political grounds with little written guidance on sentencing, China now has a written and ratified codex of laws which provide, in theory, for both the prosecution of crimes and the rights of the defendant. Why then has China's legal system failed to protect the rights of a vulnerable and confused man?

China insists that the case of Akmal Shaikh was conducted according to Chinese law and indeed it seems that it was. The law is very clear that anyone convicted of smuggling large quantities of drugs can be sentenced to death. Chinese law provided for a lesser sentence being given in cases involving mental illness. Article 18 of China's Criminal Law (中华人民共和国刑法第十八条) states that a mentally ill person who commits a crime when he has 'not yet completely lost his ability to recognize or control his own conduct shall bear criminal responsibility but he may be given a lesser or a mitigated punishment.' However, there is no compulsion to reduce the sentence.

Normally this would provide the defense with an opportunity to request medical evidence to be considered when passing sentence. However, in the case of Akmal Shaikh reports suggest that he denied that he was suffering from mental illness during his trial. It seems that this was enough for the judge to ignore any medical evidence submitted. 
 

It is this moment of the trial that shows the key problem with China's legal system. It is the judge's responsibility to ensure that the trial is fair and that both the prosecution and the defense have their chance to put forward whatever evidence is relevant to the case. At the crucial moment Akmal Shaikh, stressed, facing the death penalty, suffering from bipolar disorder and with dubious translation services at his disposal, and in a trial which lasted only 30 minutes denies his mental illness, almost certainly without understanding the consequences of his action. A rational judge whose responsibility was to the fairness of the trial must surely consider that a statement of that nature was not a sound basis on which to sentence a man to death. But where does the responsibility of Chinese judges lie? They are not independent, they are part of the state, they are also part of the Communist Party. Their roles are political as well as judicial. 
 

The message that can be taken from this case is that it does not matter how good China's laws are, there will always be cases of injustice as long as China's judiciary is not independent. It is the the creation of a judiciary whose sole responsibility is the administration of justice that will mark the real change in China's legal system.

Roundup - 29/12/2009

• China has executed a British man, Akmal Shaikh. Mr. Shaikh was executed by lethal injection at 10.30am local time according to Xinhua. Gordon Brown, the EU and a number of civil society groups have condemned the execution saying that his legal rights had not been granted. Mr. Shaikh was convicted of smuggling heroin into China in October 2008 after a trial that lasted just 30 minutes. Evidence of his mental illness was not considered.
  
  According to China's Criminal Law, if a mentally ill person is convicted of a crime, their condition should be taken into account when considering the sentence. However, according to the Chinese authorities there was not sufficient evidence presented to prove he suffered from Bipolar disorder. Some reports suggest that during his trial Mr. Shaikh claimed there was nothing wrong with him, it is unclear what legal representation or assistance with translation was provided to him.
  
  Last minutes attempts to save M. Shaikh's life were lead by the British Ambassador to Beijing and Mr. Shaikh's cousins. However, while international condemnations grows, China remains defiant saying that foreigners must obey its laws ad no country has the right to interfere in its legal process.
  
  
  
• An audit of China's government agencies and state-owned enterprises has uncovered 234.7 billion RMB(US$34.4 billion) disappeared from public funds in the first 11 months of the year. The report says that 16.3 billion RMB has been recovered so far. 231 people, including 67 officials, have had their cases passed on to disciplinary and judicial authorities.
  
  
  
• A Chinese ship and its 25 crew members are sailing home after being kidnapped by Somali pirates. The De XinHai was captured in October while transporting 76,000 tonnes of coal from South Africa to India. There is some confusion as to the nature of the operation. While Chinese media reports describe it as a rescue, a source claiming to be one of the pirates told Reuters that a $4 million ransom had been dropped on the deck of the ship by helicopter.
  
  The De Xin Hai was the first Chinese ship to be captured in the area since the arrival of three Chinese warships to bolster the international anti-piracy flotilla in the area.
  
  
  
• The Chinese author Mian Mian is to sue Google for scanning and publishing extracts from her work without permission. She is asking for 61,000RMB ($8,950) in compensations and a public apology from Google. According to the China Written Works Copyright Society more than 80,000 works by Chinese authors have been scanned into Google's digital library. Last year Google agreed to pay $125 million to settle similar disputes with US authors.
  
  
  
• Two separate gas explosions at Chinese coal mines have claimed at least 17 lives. According to Xinhua, 12 miners were killed in an explosion in Shanxi province. Another five were killed and six more trapped at in an explosion in Yunnan.
  

Roundup - 27/12/2009

• Two cousins of Akmal Shaikh, the british man awaiting execution in China, have arrived in Beijing to deliver a plea for mercy to President Hu Jintao. Akmal Shaikh was arrested in Urumqi, Xinjiang, in possession of 4kg of Heroin, his final attempt to appeal failed earlier this year. He was convinced by a Polish gang to carry a suitcase into China in return for achieving a hit single. His lawyers say that he is suffering from bipolar disorder but that evidence of this was not admitted prior to sentencing. According to Chinese criminal law, anybody suffering from a psychiatric condition should have this taken into account during sentencing. The Chinese authorities say that Akmal Shaikh insisted on his own sanity at his trial and therefore it was not necessary to admit the evidence. He is due to be executed on Tuesday.
  
  
  
• The National People's Congress has closed its final session of 2009, passing environmental and tort laws. The tort laws will take effect in July and are designed to cover liabilities for accidents and injuries involving such things as medical malpractice, pollution and work-related injuries. It will also provide legal recourse for those whose privacy has been infringed or reputation defamed.
  
  A new amendment to the renewable energy law is designed to increase China's use of renewable energy. Until now much of China's renewable energy production has been badly linked to the national grid and often priced out of the market by coal power stations. The amendment states that all energy from renewable sources must be bought before other sources can be used.
  
  
  
• Taiwan's President Ma Yingjiu has called on the People's Republic to 'tolerate those people who voice their opinions in a peaceful manner.' The call comes after China sentenced the dissident Liu Xiaobo to 11 years in jail for his part in Charter 08, a document which called on China to institute wide ranging reforms of its political system. President Ma has been accused of turning a blind eye to China's human rights record by the opposition Democratic Progressive Party. The DPP gained ground in recent local elections by rallying opposition to closer ties with the mainland.
  
  
  

Roundup - 25/12/2009

• Liu Xiaobo was sentenced to 11 years in jail today. He was convicted of inciting subversion of state power earlier this week. He has been detained since winter 2008 after the release of Charter 08, of which he was a founding signatory. Mr. Liu was the only signatory to be detained although several others have been intimidated. Other signatories have rallied to Mr Liu's cause, stating that they were equally guilty and willing to suffer punishment. International diplomats, as well as Mr Liu's wife, were denied access to the trial. Mr Liu is believed to have claimed he was not guilty as free speech is protected by China's constitution.

• Five more people have been sentenced to death for their role in riots in Xinjiang earlier this year. Another five were sentenced to death with a two year reprieve. This sentence is usually commuted to life imprisonment. Reports suggest that the five sentenced to death were all ethnic Uighurs. Riots broke out in July between Uighurs and Han Chinese after reports of the murder a Uighur man in the south of China. Ethnic tensions have long troubled the area.

• Chinese car maker, Geely, has agreed a $2 billion deal to buy Volvo from Ford. Ford is selling off a number of high end car brands in an effort to consolidate after the financial crisis. Ford bought Volvo for almost $6 billion in 1999. Geely hopes that it can benefit from Volvos high safety standards and expertise in high tech-low carbon cars. 

Roundup - 23/12/2009

• Liu Xiaobo has been tried in Beijing. According to information provided by his brother-in-law, Liu Hui, the trial lasted only two hours. Foreign diploma,ats and Liu Xia, Liu Xiaobo’s wife, were barred from entering the courtroom. Liu Xiaobo admitted exercising his right to free speech but denies attempting to subvert state power. Liu was arrested after the release of the Charter 08 document. Charter 08 called for wide ranging political reform including urging the authorities to ‘end the practise of viewing words as crime.’ Liu Xiaobo is the only signatory of the document to be arrested although others have been harassed. Liu Xiaobo previously spent 21 months in jail for his role in the Tiananmen Square demonstrations in 1989. He will likely be sentenced on Christmas day to a term which could be as long as 15 years.

• Beijing has refused to postpone the execution of a British citizen scheduled for Tuesday 29th December. Akmal Shaikh was convicted of carrying four kilograms of heroin into China. According to his defence he was conned by a gang in Poland who convinced him that they could get him a hit single in China. Chinese authorities say they have tried that case legally and that foreign countries have no right to interfere in China’s legal affairs. However, there are still questions over Mr Shaikh’s right to have his psychiatric state taken into account. He is believed to have bipolar disorder, Chinese law states that in cases where someone with psychiatric issues commits a crime, their psychiatric state should be taken into account in sentencing. However, reports say that Mr. Shaikh himself asserted that there was nothing wrong with his mental state. The British Foreign and Commonwealth Office has been stepping up efforts to intervene on Mr Shaikh’s behalf but so far with little effect.

• China’s National people’s Congress is considering proposals to set up a state social security fund. The fund will be there to contribute to social insurance payouts. The new law will aim to provide all Chinese citizens with the right to contribute to state health insurance and pension schemes. Until now these facilities have been available almost exclusively to urban residents. Currently 219 million people have pension schemes and 317 million have basic health insurance. China’s reform of its social services, and in particular its extension to rural citizens is hoped to help social stability by spreading the benefits of China’s economic growth more evenly, and to boost the economy by increasing consumer spending.

• The South Korean Yonhap news agency has reported that 6-nation talks on North Korea’s nuclear weapons programme will begin early next year. An unnamed government source said that the talks ‘must begin before February.’ US Special Nuclear Envoy Stephen Bosworth returned form Pyongyang earlier this month declaring that the US and the DPRK have reached common ground on which to re-launch the talks.

Breaking News - China will Execute British Man Before the End of the Year

Associated Press has announced that China is planning to execute a British citizen on Dec 29th. Akmal Shaikh, 53, was arrested with a suitcase containing nearly nine pounds of heroin in Urumqi two years ago.

According to his lawyers and family, Mr. Shaikh is a sufferer of bipolar disorder. It is claimed that he went to China dreaming of being a pop star and was given the suitcase in Kyrgyzstan by a man who he believed would make him famous.

According to Article 18 of China’s Criminal Law, somebody who is suffering from a mental disorder but who has not lost the ability to recognise his own actions still bears criminal responsibility but medical evidence should be considered during sentencing. Mr. Shaikh’s lawyers say that they have been denied the right to give medical evidence in his favour.

Roundup - 21/12/2009

• As the dust settles on the Copenhagen summit China has lauded the Copenhagen Accord as an important first step. No nation was satisfied with the deal and all leading nations have been criticised. But none more so than China who many see as having been the main culprit in stalling the talks. Foreign Minister Yang Jiechi said that Copenhagen was ‘not a destination but a new beginning.’
The next climate summit will be held in Mexico city in 2010. China has already indicated that it will not weaken its stance at the next summit. Foreign Ministry Official Yi Xianliang said that China saw the 2010 summit as a struggle over the ‘right to develop.’

• The President of the Association for Relations Across the Taiwan Straits, Chen Yunlin, has arrived in Taiwan for trade talks. Taiwanese President Ma Yingjiu hopes that Taiwan and the mainland can sign a free trade treaty early next year. However, opposition to closer ties with the mainland led to defeat in recent local elections. Tens of thousand of protesters are already gathering to oppose the negotiations.

• President Hu Jintao has concluded his tour of Macao amid celebrations of ten years of ‘One Country, Two Systems.’ Macao switch from Portuguese to Chinese rule in 1999 on condition that the mainland would allow a large degree of autonomy to the territory.
The last ten years has seen Macao prosper, largely due to gambling. In October Macao’s casinos took in 12.7 Macao Patacas or US$1.57 billion, almost twice as much as the state of Nevada.

• Liu Xiaobo will be tried on charges of inciting the subversion of state power on Wednesday according to his wife, Liu Xia. Liu Xiaobo, who also participated in the Tiananmen Square protests in 1989, was detained a year ago after his involvement in the Charter 08 document which called for political reform. Liu Xia has said that she will not be allowed to attend the trial and she has little hope for the outcome. Liu Xiaobo is facing a sentence of up to 15 years.

• A government funded gay bar in Yunnan opened its doors for the first time on Saturday. The bar was supposed to open on World Aids Day on the 1st of December was remained closed amid fears that the publicity would discourage homosexuals who feared discrimination. The bar will provide information and advice on sexual health issues in addition to cheap drinks. Officials hope that it will help to control the spread of sexually transmitted diseases. It is the first government funded project of its kind in China.

• An article in the China Daily, ‘Top 10 Darndest Things Officials Said in 2009,’ shows the continuing dismay at the attitude of officials towards housing demolition. 4 of the ten quotes are related to construction. These include a comment that ‘any action against the government is illegal,’ a comment made to Pan Rong who won wide spread praise on the internet after defending her home against demolition with Molotov cocktails. Number four on the list was a to a 66-year old who threatened to commit suicide if he did not receive compensation for his home being demolished. When he asked a local official, Shi Guozhong, for help Shi replied that he should go ‘straight to the fifth floor’ (to jump off).
Regulations over the demolition of housing have been a hot topic in China after the cases of Tang Fuzhen, who died after setting herself alight in protest at the demolition of her home, and Yue Xiyou who died trying to defend his fiancé’s apartment.

Roundup - 19/12/2009

• The summit at Copenhagen has ended with no satisfactory deal reached. A last minute agreement was achieved in last minute negotiations between the USA and BASIC(Brazil, South Africa, India and China), but he deal did not include specific national emissions targets or any means of independent verification for the cuts. However, the deal did include an acknowledgment that a limit should be placed at 2 degrees centigrade of climate change and provisions were made for a climate fund that could provide $100 billion a year from 2020 onward.
  
  China has said that it has not placed any conditions on its own announced cuts in carbon intensity and would therefore press on in any case. Many at the conference were disappointed that the USA did not take the lead by announcing bigger cuts but others believe that negotiations stalled because China was unwilling to accept international verification of its emissions cuts.
  
  
  
• Chinese billionaire Wang Wenxiang has been sentenced to death for arranging the murder of a business rival. The victim, Zhong Yishi, had brought lawsuits against Wang over defaulted payments relating to a construction project. Wang then contracted his personal secretary, Bai Peng, to kill Zhong. Bai was also sentenced to death. A migrant worker, Yu Yi, hired to help with the murder was sentenced to death with two years reprieve.
  
  
  
• Cambodia has agreed to expel 20 ethnic Uighurs wanted by China. The group fled China after ethnic tensions erupted into riot in Urumqi in July. Cambodia has said that it does not know where the Uighurs will go but that it expects them eventually to return to China. Cambodia is theoretically obliged by international law not to return refugees to a country where it is likely they will be tortured or executed.
  

Roundup - 18/12/2009

• The battle-lines between China and the USA have been redrawn by Hilary Clinton's announcement of a $100 million fund at the Copenhagen summit. The announcement yesterday was aimed at breaking a deadlock between developing and developed nations over who would pay for the fight against climate change. Clinton tied the $100 million to China agreeing to international monitoring of its cuts in carbon intensity.
  
  Premier Wen Jiabao said last night that China would not accept any deal which violated its sovereignty although he did make some concessions over information sharing.
  
  On the last day of the summit hopes are fading for any meaningful climate deal, though some hope remains for a deal next year. Some commentators suggest this is in part due to the impressive negotiating skills of the Chinese delegation. China has managed to use its relationship with the G77 and Basic(Brazil, South Africa, India and China) to defend its position throughout the summit, making few concessions to the developed world.
  
  
  
• China is seeking the return of 22 Uighurs from Cambodia. The Uighurs fled China after the riots in Xinjiang in July. They are believed to have been helped by Christian charities which normally help North Koreans to get to countries where they can seek asylum. China has stated that it does not believe that the refugee system should be a hiding place for criminals. However, considering the possibility of torture an possibly execution on their return, Cambodia can find firm legal ground for not sending the Uighurs back to China.
  
  
  
• An anti-corruption website has received over 13,800 allegations since its opening at the end of October. The website www.12388.gov.cn is designed to allow netizens to report allegations of corruption to the Central Commission for Discipline Inspection. State media claims that high ranking officials in Beijing, Heilongjiang, Guangdong and Henan have been punished as a result of being reported on the site although only one case is detailed. An official in Heilongjiang had accepted brides of up to 20 million RMB.