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The Schellenberg Affair: Chinese Lawyers and Law Professors Opposing Court’s Handling of Robert Schellenberg’s Case

China Change, January 16, 2019

On January 14, a court in Dalian, northeastern China, sentenced Canadian Robert Lloyd Schellenberg to death for drug smuggling at a one-day retrial. It appears that China, after detaining two Canadians recently, is escalating the diplomatic clash with Canada over the arrest  of Meng Wanzhou (孟晚舟), Huawei CFO, which the US requested pursuant to its extradition treaty with Canada, to the United States for suspected violation of Iran sanctions. The bizarre re-sentencing of Schellenberg seems to indicate how far China is willing to go to pressure Canada for the release of Meng, and how it is betting on Canada to give in by using the Schellenberg case as further leverage. To help clarify the legal controversy surrounding the retrial of Schellenberg, China Change gathered and translated the views of Schellenberg’s defense attorneys and several other Chinese lawyers and law professors who opposed the re-sentencing. As for opinions supporting the Chinese court’s decision, you can find them in China’s state media such as the Global Times and China Daily. — The Editors

Lawyer Ma Gangquan (马纲权) — A death sentence handed down with mysterious haste, January 16, Beijing Time, WeChat post:

1. It took about four years from Schellenberg’s detention  to his being sentenced to 15 years in prison by the e court of first instance.

Schellenberg was apprehended on December 1, 2014, and his case was heard by the Dalian Municipal Intermediate People’s Court i (大连市中级人民法院) on March 15, 2016. On November 20, 2018, at the court of first instance, he was found him guilty of trafficking illicit drugs. He was sentenced to 15 years in prison to be followed by expulsion from China, as well as a fine of 150,000 RMB. Schellenberg appealed the sentence. 

2. The time it took for the case to be returned to the first-instance court with supplemental prosecution  was just four days.

On December 29, during the review of Schellenberg’s case, the Liaoning High People’s Court (辽宁省高级人民法院) ruled that the original sentence was overly lenient and “obviously inappropriate” [in consideration of the crime], and sent the case back to the Dalian Intermediate Court for retrial.

On January 2, 2019, the Dalian Municipal Procuratorate (大连市检察院) submitted a supplementary indictment to the Dalian Intermediate Court.

3. On January 14, 2019, the Dalian Intermediate Court began the retrial at 8 a.m., with proceedings lasting until around 7 p.m., at which time the court adjourned for one hour. After  the collegial panel deliberated and submitted its decision to the adjudication committee for discussion, at around 8 p.m. the court resumed the hearing, at which time it, it announced Schellenberg’s death sentence. This was all done in less than a day, deftly and expediently.

Lawyer Zhang Dongshuo (张冬硕), Schellenberg’s defense attorney, January 15, 2019, Chinese-language interview with Deutsche Welle

DW: Robert Lloyd Schellenberg’s case was retried and a new verdict was announced in no more than 15 days. What is your view on this?

Zhang: This is indeed a very unusual situation — though the proceeding is in accordance with the law. But it is indeed quite unusual for a case involving the death penalty to finish in just 15 days from court proceedings to delivering the sentence.

DW: In increasing the sentence from a 15-year prison term to death, do you think that this verdict was made fairly and in accordance with the evidence?

Zhang: I can’t comment on whether or not it was fair. I can only say that in my view as a defense lawyer, the evidence available is insufficient to prove that Schellenberger engaged in smuggling of more than 222 kilograms of drugs in Dalian. This is the first point. Second, there is insufficient evidence to suggest that he participated in organized international drug trafficking. Third, the prosecution provided no new facts in its supplementary indictment about the alleged crime. Therefore, even if the charges are accepted by the court, they cannot be used to increase the severity of Schellenberg’s sentence. These are my three main arguments. But it is regrettable that the court completely disregarded the arguments of the defense.

DW: What remains now is for the case to be appealed, correct?

Schellenberg has the right of appeal. Only after he files an appeal — we have two lawyers, I am the primary defense attorney, and Zhong Qiang (钟强) is the secondary defense attorney — will we continue to defend him during the appeal period. I guess that he will formally file an appeal in the middle of next week.

[Note: Zhang Dongshuo is a lawyer with the Mo Shaoping Law Firm in Beijing; Zhong Qiang is senior partner of the Beijing Yingke (Nanning) Law Firm, Director of Criminal Legal Affairs Department, and Vice Chairman of the Drug Crime Defense Alliance.]

Lawyer Mo Shaoping (莫少平) — interview with Voice of America, January 16, 2019, Beijing time:

Mo Shaoping: As defense lawyers, we pleaded not guilty on his behalf. I believe that the evidence provided by the prosecution does not exclude all reasonable doubt, so he should be acquitted. However, the court did not accept this argument and claimed that there were so-called new criminal facts submitted. The defense attorneys believe that the so-called new criminal facts provided in the supplementary indictment are wholly nonexistent. However, if the prosecution did not supplement the indictment, the court would definitely not have issued a death sentence. Therefore, the so-called new criminal facts were meant to take advantage of the procedure of supplementary indictment and retrial to increase the severity of the crime, and warrant the death penalty.

Reporter: How did Schellenberg react to [the announcement of the verdict] in court?

Mo Shaoping: From beginning to end, Schellenberg denied the charges against him. He denied them then and denies them now. He says that his purpose for travelling to Dalian was purely for tourism, and has no knowledge of drugs. However, the witness Xu Qing (许清), who later appeared in court, may have indeed been involved in the crime. But the authorities considered him to be a witness, rather than a suspect. As attorneys we suspected that at one time this person may have been a public security agent. Later, the public security [Chinese police] produced evidence to show that he wasn’t their agent. So the facts regarding this case were unclear and inconclusive from the start. The evidence as provided could hardly substantiate the charge that Schellenberg was involved in drug smuggling activities.

Reporter: The court didn’t accept your arguments?

Mo Shaoping: It didn’t, the court issued the death penalty. We have never seen any precedent for this case, in which the death penalty was announced at the hearing. Usually, death sentences are announced on a later date after court has been adjourned and the adjudication committee has deliberated. I’ve never seen a case where the death penalty was announced right after the conclusion of the trial. It’s unprecedented. 

Reporter:Many people have linked this matter to the case of Meng Wanzhou (孟晚舟). Do you think there was a political motivation in Schellenberg’s sentencing?

Mo Shaoping: I will leave the analysis to journalists. Schellenberg was held for more than four years, and the Dalian Intermediate People’s Court made a first-instance judgment and sentenced him to 15 years. Why did it take four years to sentence him? Because the court thought that the evidence was insufficient and sought instructions all the way up to the Supreme People’s Court (SPC). The SPC said Schellenberg could be convicted and the sentence should be 15 years. So Schellenberg was sentenced to 15 years in prison according to the SPC’s instructions, and he was also considered an accomplice.

As a general rule, after an appeal is filed, the court of second instance will not hold a court hearing; instead, the court rules just based on the written documents in the case. It’s very unusual that a second-instance court would suddenly hold a hearing, and then suddenly remand the case for retrial. It took the Dalian Procuratorate only one day to produce and submit the so-called supplementary indictment to the court after the retrial order had been made. Just 16 days later the court tried Schellenberg again and announced the death penalty right after the trial. Everything about the proceeding was unusual.

Chen Youxi’s comment on Weibo

Lawyer Chen Youxi (陈有西), January 15, 2019, Beijing time, Sina Weibo:

It is clearly stipulated in law that there is to be no increase in punishment when a case is sent back for retrial. Without new facts or new evidence, there cannot be an additional penalty. If a new crime is discovered, after the original sentence has taken effect and the case remanded, then the new criminal facts should be re-indicted in accordance with the adjudication supervision procedures. Increasing the penalty on remand is not permitted, so as not to deter the defendant from appealing.

Article 237 of the PRC Criminal Procedure Law (CPL) stipulates that second instance people’s courts handling appeals submitted by the defendant, his legal representative, defender, or close relatives, must not increase the defendant’s punishment. Cases that second instance courts remand to first instance courts for retrial, except when there are the new criminal facts and the people’s procuratorate provides a supplemental indictment, the original people’s court must also not increase the defendant’s penalty. In instances in which the people’s procuratorate lodges an appeal or where there is a private prosecution appeal, the aforementioned restrictions do not apply. 

Per the Interpretation of the Supreme People’s Court on the Application of the PRC Criminal Procedure Law, Article 327:  After the defendant, or his legal representative or defender, or a close relative, files an appeal, and the second instance people’s court remands the case for retrial, except in cases where there are new criminal facts and the people’s procuratorate files a supplementary indictment, the original people’s court must not increase the defendant’s penalty.

Article 257 (5) of the Supreme People’s Court’s Interpretation of Several Issues Concerning the Implementation of the PRC Criminal Procedure Law provides: “… in the case where a change in the original sentence must be done according to law, the case shall be retried according to the adjudication supervision procedures after the second instance judgment or ruling becomes effective.”

When courts of second instance send various cases back for retrial on the grounds of unclear facts and insufficient evidence, purporting they have a new understanding of circumstances that were already discovered during the original trial, and result in supplemental prosecutions and an additional penalty for the defendant through retrial by the court of first instance, it is a disguised violation of the principle of “appeal without increased penalty.” The result is that the appeal system will inevitably be damaged the defendant’s right of appeal will be impaired and constrained; the second-instance final appeal review and correction mechanism will be forfeited.

There’s no way around this. Regardless of the case, it is very easy to find a few pages of new evidence, and have a new understanding of the details of the case. As long as a judge is allowed to remand a case with supplemental charges, a reason could be found in any case to support a sentence increase. Accordingly, defendants would not dare to appeal. The system of China’s second-instance final review would be fundamentally destroyed.

He Weifang (贺卫方), law professor at Peking University, January 15, 2019,Beijing time, WeChat: 

The Canadian named Schellenberg was sentenced to 15 years in prison by the Dalian Intermediate People’s Court on November 20, 2018 after being detained for more than four years. In addition, the court confiscated 150,000 yuan of his assets and ordered his deportation. He insisted that he was not guilty, and filed an appeal.

It really was a strange coincidence that just at this point in time, in early December, the Canadian police arrested a high level Chinese business executive named Meng [Wanzhou] based on the extradition treaty between the United States and Canada. This move triggered an angry protest from China, which threatened Canada, telling Canada it would pay for what it had done.

Soon after, on December 29, the Schellenberg appeal was heard in the Liaoning High People’s Court.  It is worth noting that the procuratorate did not file a protest after the trial in the court of first instance, but this did not prevent the High Court from remanding the case to the Dalian Intermediate People’s Court for retrial. Meanwhile, the New Year’s holiday intervened, and so it was on January 14, 2019, in less than ten work days, the Dalian Intermediate People’s Court unexpectedly and, in lightning speed, tried the case, and in a shocking move, changed the defendant’s sentence to the death penalty, and confiscated all his assets.

Some people have asked: Doesn’t China’s Criminal Procedure Law stipulate the norm of  “appeal without an increase in penalty”? A local scholar who attended the retrial responded that the rule prohibiting an increase in penalty does not include cases in which the procuratorate discovers and raises new criminal facts after the defendant appealed, or cases in which the procuratorate did not lodge a protest.

However, as a result, as long as the defendant files an appeal, the procuratorate can counter-appeal on the grounds of having discovered certain new criminal facts or just communicate with the court to exert some pressure (which is very easy for the procuratorate to do in China), which will inevitably lead to the complete failure of the principle

“appeal without an increase in penalty.”  As long as the defendant refuses to accept the original judgment and appeals, all that awaits the defendant is the procuratorate’s protest (even a protest is not actually necessary) and a subsequent increase in punishment. So who would dare to appeal?

Furthermore, now that the procuratorate produced new facts so quickly in such a short period of time  after the first instance trial, one wonders why they didn’t discover these facts during the four years of Schellenberg’s detention, facts that have caused the outcome of the case to change so drastically? Even though the PRC’s Criminal Procedure Law does not have the “double jeopardy” clause that prohibits anyone from being prosecuted twice for substantially the same crime, we have reasons to expect that the procuratorate had learned all the facts and made all the preparation before the first trial, given that the investigation had gone on for four years and had been through all sorts of pretrial procedures. How could it be that as soon as the defendant appealed, the procuratorate “discovered new facts” and that the defendant changed from being an accomplice to the principal culprit? Isn’t that just bizarre?

In this country, administrative officials can make wrong decisions and diplomats can blatantly lie, but if judicial organs also take part in such a farce, succumbing to external interference and treating the law like a toy, that’s really a despairing and perilous situation.

He Weifang and Zhang Jianwei’s comments on WeChat.

Zhang Jianwei (张建伟), law professor at Tsinghua University, January 15, 2019, Beijing time, WeChat:

In the case of supplementary indictment, the court could alter the sentence and increase the penalty. Here, supplementary indictment should be understood to mean that the supplemental crimes are crimes in addition to what has already been tried; if the prosecutors supplemented certain facts that fall within the criminal facts that have already been tried in the first instance but may affect the penalty decision, it is still a violation of the principle of no increase of sentence on appeal.

The thinking behind the principle of no increase of sentence on appeal is to allay the defendant’s fear of a worse outcome on appeal. In Schellenberg’s case it was the defendant who appealed, and increasing the penalty through spurious reasons is a violation of the principle of no increase of sentence on appeal.

At the moment when China and Canada is locked in a diplomatic row, such a judicial re-sentencing rouses the suspicion that the judiciary in China is merely a servant of politics, and it hurts the international perception of China being a country governed according to the law. As such, there is more to be lost than gained. You may think you are doing good for the country, but you are in fact ruining it.

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Bid Farewell to Reform and Opening Up –– On China’s Perilous Situation and Its Future Options

Zhang Xuezhong, translated by Andrea Worden, January 7, 2019

Last week, Dr. Zhang Xuezhong (张雪忠), a law professor at East China University of Politics and Law in Shanghai, posted an article on WeChat titled “Bid Farewell to Reform and Opening Up –– On China’s Perilous Situation and Its Future Options” (《告别改革开放 –– 论当今中国的危局和前路》). The following is an excerpt from the article in which he dismisses the notion that Deng Xiaoping’s time was a better time, a time, many believe, the current leader Xi Jinping has digressed from and should return to. We should point out that, in 2013, Dr. Zhang was stripped of his teaching position at the university by the university’s communist party committee for his writings on constitutionalism, and he now works in an administrative office on campus. He also has been a practicing lawyer and has represented prominent human rights activists, Liu Ping and Guo Feixiong, among others. But in the last two or three years, the university has blocked his practice. In other words, the university has reduced the law professor and human rights lawyer to an office clerk. He should be grateful that he hasn’t been sent to Jiabiangou (夹边沟) to die, if you call that progress.  –– The Editors

The Place of Reform and Opening Up in the Course of Long-Term National Transition

From the Westernization Movement to the Reform Movement of 1898, and then to the Revolution of 1911, the idea of a republic–– antithetical to a monarchy––became the consensus of the Chinese elite. Since the Revolution of 1911 through the founding of the People’s Republic of China by the Chinese Communist Party (CCP) and afterwards, although the values ​​of freedom and democracy had not been well implemented, they were modern political principles and ideals such that no political force dared publicly deny, destroy or discard them. In September 1949, the new People’s Political Consultative Conference formulated the interim Common Program (共同纲领), which would both continue the legacy of the Revolution of 1911 and establish a new democratic system.

However, the concept of communist dictatorship that the CCP adhered to then and now, in principle, stands in fundamental contrast to the constitutional government of a liberal democracy. This means that the continuation of the CCP’s rule must be predicated on the elimination of the concepts of freedom, democracy, and the rule of law. Beginning in 1953, a series of political campaigns, such as the socialist transformation movement (社会主义改造) and the “washing” of intellectuals (i.e., thought reform) meant the gradual destruction of the new democratic system. The 1954 Constitution, based on the Common Program, was in force for three years and then abandoned.

This meant that the new democratic system was replaced by the Soviet-style system, and that the political legacy of the Revolution of 1911 was basically eradicated. During the 1957 Anti-Rightist Campaign, following the persecution of Zhang Bojun (章伯钧), Luo Longji (罗隆基), Chuan Anping (储安平) and others, liberal, democratic organized forces with clear political demands vanished completely from the mainland. Since then, although the ideals of freedom and democracy have hung on by a thread, they have survived and been passed on only in the form of personal thought.

Reform and opening up, which was launched after the end of the Cultural Revolution, is undoubtedly a denial of Maoism. It brought opportunities and space for a ravaged Chinese society to recover and recuperate. Compared with Maoism, reform and opening up is substantial progress, and objectively speaking, it brought about the emergence of civil society relative to governmental power.

However, reform and opening up as a political guideline and policy of the Chinese Communist regime, contrary to what Professor Xu Zhangrun (许章润) said, has never been about the transition to a better form of government (优良政体). In fact, it’s exactly the opposite. Reform and opening up, as a policy measure in response to actual circumstances, is aimed precisely at consolidating and continuing the CCP’s one-party dictatorial rule. Initially, reform and opening up relaxed restrictions on society, and the loosening of political oppression made people hope for a more civilized, democratic, and liberal political system. This is the social backdrop of the 1989 student movement. However, the suppression of the student movement by the CCP regime, headed by Deng, undoubtedly indicated to the world that reform and opening up never included in its agenda the gradual establishment of a liberal democracy.

Interestingly, pundits who are today still loudly extolling Deng Xiaoping are deliberately ignoring the most important political decision Deng made during his life–– that is, his decision to use military force to suppress the student movement. This suppression not only ended a patriotic student movement that focused on the pursuit of freedom and democracy, but also ruined the opportunity for a peaceful political transition in China.

In fact, judging from both official public pronouncements and the internal discussions of policy makers, in the past few decades, no CCP figure who has held real power has ever thought about establishing a good, modern political system in China. For CCP leaders, the supreme concern has always been keeping the CCP in power, meaning they must spare no cost to tenaciously defend a backward, premodern system of government. All policies carried out in the name of so-called “reform and opening up” must be based on the premise of defending, and even strengthening, the existing structure of power interests.

I have never denied that compared with the Mao Zedong era, the policies during the reform and opening up period–– and the results of those policies–– are certainly much better [in terms of economic growth and improvement in people’s livelihoods]. But I don’t agree that scholars and pundits should act like the official mouthpieces who invariably look at the path of reform and opening up over the past several decades from a vulgar, utilitarian perspective.

What Criteria Should Be Used to Judge 40 Years of Reform and Opening up?

We must use the discourse of rights and rules before we can fairly judge the gains and losses of reform and opening up.

Once we adopt the discourse of rights and rules, not only can we conduct a fair and convincing evaluation of the past reform and opening up, but we can also more clearly understand the current situation in China. We can even conceive of a clearer future for this country, one that is more reasonable and reliable. 

For example, we often see people, who, due to a crass utilitarian mentality, are deeply grateful to Deng Xiaoping for reinstating the college entrance examination (gaokao). However, if we use the discourse of rights, we can see that the resumption of the college entrance examination is both an improvement over the situation during the Cultural Revolution, and at the same time we can understand that it is a fundamental human right of modern society for people to be able to receive higher education when appropriate conditions are met. During the whole period of reform and opening up, not only has the allocation of resources for public institutions of higher learning been unequal and unfair, but also the government’s restrictions on private schools artificially deprives generations upon generations of opportunities for higher education, not to mention the long-term implementation of political brainwashing in the national education.

To take another example, during the period of reform and opening up, there was a limited right to have and protect private property, and the private economy. This is certainly an improvement compared with the preceding period. However, if we realize that personal property rights and business rights are basic human rights to begin with, we can see that during the period of reform and opening up, people’s property rights and business rights have not been adequately respected and protected by the government, and the violation of these rights by public authorities is extremely common and widespread.

As another example, compared with the absolutely unrestrained and comprehensive violation of human rights during the Cultural Revolution, the period of reform and opening up is, of course, much better. But at the same time we can also see that in the latter period, many freedoms, including the people’s right of freedom of speech, publishing, assembly and association, as well as the right to petition and the right to freedom of movement, have been strictly suppressed; and people have always been deprived of the right of political participation, and political persecution has been a common occurrence.

I think these few examples are sufficient to illustrate my point. In fact, once we begin to use the discourse of rights and rules, we not only can transcend the different subjective feelings held by different groups of people, but also objectively and fairly evaluate the reform and opening up policy. Moreover, we can clearly see how decades of reform and opening up have created the various crises and problems in China today.

In a nutshell, the root cause of these crises and problems is the dictatorial system in which a few people monopolize unconstrained power. In the process of reform and opening up over the past few decades, the problem of unfettered government power and unprotected individual rights not only has not been solved, but has also at times deteriorated. The policy priorities of different political leaders may have differed during this period, but they are completely consistent in terms of defending dictatorial power and suppressing individual liberties.

Arbitrary power can be wielded capriciously. When a few people monopolize unconstrained power, the power-holders can relax their control of society at a certain moment due to certain realistic needs, and they can also at a different moment, in response to different practical needs, strengthen their oppression of society. The reform and opening up path of the past few decades has always been based on a political system in which government power is not constrained and individual rights are not guaranteed.

Once we have seen this clearly, it is easy to understand that although there have been different policy priorities during different stages of these decades, the logic of political power behind them has been consistent. In the first stage of reform and opening up, the private economy was tolerated and encouraged to a greater extent, both to remedy the crisis of the national economic collapse caused by the Cultural Revolution, and because the size of the government at that time was still relatively small and the government’s absorption of social and economic resources was at a relatively low proportional level.

But unconstrained power must inevitably be rent seeking, and it is certain to be corrupt. The phenomenon of rent seeking by those in power has accompanied the entire course of reform and opening up, beginning with the dual pricing system (价格双轨制) in the early stage of the reform period. Once government power could be used for rent seeking and profiteering, not only did the power holders’ appetite become bigger and bigger, but it also led to more and more people using various kinds of paths to enter the government, and subsequently, the scale of the government swelled continuously and expanded without limit. Once such a trend reaches a certain critical point, the speed of social production and national economic growth will not be able to keep up with the increasing scale of government exploitation and consumption of social resources. By this time, all sectors of society, including private entrepreneurs, would find themselves in an increasingly difficult situation, with the exception of those who can use their power to extract wealth. We can even say that the various policies of squeezing and tightening in the later stages of the reform are a completely natural and logical result of the reform and opening up.

Leave Behind Reform and Opening up and Move Towards the Creation of a Modern Government

Under the reform and opening up policy, the government has never considered establishing rules for a constitutional government that would guarantee the basic rights of citizens. On the contrary, the suppression of individual liberty and the trampling of civil rights went hand in hand with economic growth. This model of economic growth inevitably led to problems such as a large gap between the rich and the poor, serious environmental damage, and the collapse of social governance. It can be said that the current government financial crisis and various social crises are the inevitable consequences of decades of reform and opening up. Those who have used 2012 as the dividing line and have portrayed the thirty-plus years before 2012 as a beautiful time, it is is incumbent upon them to search their hearts and ask themselves: Of all the social crises people have faced since 2012, which one of these did not already exist before 2012? Which one is not the result of decades of reform and opening up?

If we expand our horizons a bit more broadly, it is easy to understand that China’s political moves in recent years to intensify the repression of civil society and reject Western influences are themselves the logical result of the reform an opening up. The West is the region in the world that first completed modernization, and the core of modernization is political modernization; that is, the democratic politics of national self-governance under the precondition of respecting and guaranteeing individual freedom. The so-called modern polity is exactly the polity of this liberal democracy.

The Sino-Western collision during the Qing Dynasty made the imperial court aware of its own fragility, and the “Westernization movement,” which aimed at self-strengthening by learning from the West, became an important policy measure. But for decision makers in power, this modernization-oriented learning process had to be severed from political modernization. That is to say, the purpose of limited study of the West was not to change the autocratic regime of the minority ruling the majority, but to preserve and consolidate this premodern regime. However, the Westernization of such facets as technology, management, education, and culture gradually created a partially modernized society, which, in turn, led to conflict between the society making big strides towards modernization and the unchanging, obstinate, premodern government.

However, their more likely choice was to forcefully interrupt the process of societal modernization in order to eliminate the threat to the authoritarian regime posed by society’s pursuit of modernization. It is not surprising that after many years of the Westernization Movement, the extremely xenophobic Boxer Movement followed closely behind.

To a certain degree, the post-Cultural Revolution reform and opening up can be regarded as a Westernization Movement under new conditions. The key point is for China to learn from the West––to introduce Western investment, technology, management and products–– but at the same time, resolutely exclude political modernization. This is precisely the reason why Deng Xiaoping’s “four modernizations” slogan at that time did not include political modernization. While adhering to reform and opening up, the government at the same time insisted that the polity uphold the four basic principles that enshrine the leadership of the Communist Party. This is similar in terms of outcome to the formulation “Chinese learning as substance, Western learning for application,” in the late Qing dynasty.

However, with the castration of political modernization from the development agenda, sooner or later there will be a conflict between a society with limited modernization and an authoritarian regime that rejects modernization. At that point, the rulers must make a fundamental decision: either initiate the process of political modernization or discontinue the process of societal modernization.

People lament that China at present is a country that lacks consensus and is highly torn. In fact, the rips that have emerged in various aspects of this country all stem from a fundamental tear: a tear between a society that is looking forward to comprehensive modernization and a premodern government that adheres to the structure of existing power interests. It can be said that China today is a country that is pulling itself apart in opposite directions.

However, this state of pulling itself apart in opposite directions cannot be sustained over the long term. Eventually, either the whole society will succumb to the backward regime and regress to the previous state of closure, depression and poverty; or the backward regime will conform to the demands of the comprehensive modernization of society and transform into a modern political system that is compatible with modern society. In a sense, our country has reached a critical moment: Is it moving forward or backward?

What the Chinese need most is not to look backwards, not to recall with nostalgia the so-called reform and opening up, but to move forward, to decisively bid farewell to reform and opening up, and to work hard to innovate the current premodern polity.


Related:

A Great Shift Unseen Over the Last Forty Years, Xiang Songzuo, December 28, 2018.

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

A Great Shift Unseen Over the Last Forty Years

Xiang Songzuo, December 28, 2018

On Dec. 16, Prof. Xiang Songzuo (向松祚) of Renmin University School of Finance and former chief economist of China Agriculture Bank, gave a 25-minute speech during a CEO class at Renmin Business School that was apparently applauded by the audience but immediately censored over the Chinese internet. Singling out 2018 as the year when China comes to a large shift unprecedented over the past 40 years, the speech can be seen as a landscape survey of Chinese economy, and obliquely, also of politics. Just as Tsinghua law professor Xu Zhangrun’s (许章润) broadside “Imminent Fears, Immediate Hopes”, which was superbly translated and widely talked about among China watchers, Prof. Xiang’s speech is another rare burst of Chinese intellectuals’ discontent with the direction the country is taking under Xi Jinping. With this unauthorized translation of the speech, China Change wishes our readers a happy New Year! — The Editors

I want to share two characters with my fellow alumni here. I hope that everyone present, every entrepreneur here, can reflect together with me. These two characters are fan si (反思, reflect). What do we reflect on?

China’s economy has been going downward this year, as everyone knows. The year 2018 is an extraordinary year for us, with so many things taking place. But the main thing is the economic slowdown.

How bad are things? The number that China’s National Bureau of Statistics (NBS) gives is 6.5 percent, but just yesterday, a research group of an important institution released an internal report. Can you take a guess on the GDP growth rate that they came up with using the NBS data?

They used two measurements. Going by the first estimate, China’s GDP growth this year was about 1.67 percent. And according to the other calculation, the growth rate was negative.

Of course, my main point here is not about the accuracy of these calculations, or which one is more credible. But this year, there have been three issues regarding China that we either failed to consider, or about which we have made serious misjudgments.

First, the trade war between China and the U.S.. Did we make some inaccurate assessment? Did we underestimate the severity of the situation? Let’s recall some slogans from the mainstream media at the beginning of the year: “In the trade war between U.S. and China, the Americans are lifting rocks only to smash them on their own feet, China is sure to win.” “China will win the trade war without a doubt, be the battles big or small.”

What’s behind this kind of thinking? To this day, we keep suffering from a cognitive dissonance between our understanding of the Sino-U.S. trade war and the international reality. This calls for deep reflection.

Second, what was the cause for the economic downturn? Why did private enterprises suffer setbacks in 2018? Looking at the data, investment by private businesses has dropped substantially, so what made private business owners lose confidence? On November 1, the national leaders convened a high-profile economic conference, which some interpreted as a signal that the government wants to win back the confidence of private businesses as the economy worsens.

Since the beginning of the year, though, all kinds of ideological statements have been thrown around: statements like “private property will be eliminated,” “private ownership will eventually be abolished if not now,” “it’s time for the private enterprises to fade away,” or “all private companies should be turned over to their workers.” Then there was this high-profile study of Marx and the Communist Manifesto. Remember that line in the Communist Manifesto? Abolition of private property. What kind of signal do you think this sends to private entrepreneurs?

This is why we need to reflect on China’s economic downturn, the pressure on Chinese economy, and the trade war between the U.S. and China that is escalating with every passing day. We need to reflect on what we did wrong, on how to revive the economy as we walk into the future, and what steps we should take to ensure that China’s economy maintains its steady rate of growth.

Xiang Songzuo, 民营企业家.png

You might not agree with what I say, and please feel free to give your opinions. But I hope that you can think in a sober manner after we finish today’s seminar. Why do I say this? Because the problems that we face are our own doing, and there are a lot of them. But many of them have been addressed in superficial terms only.

At the symposium on the private sector, General Secretary Xi Jinping talked about six issues. Among them I am most concerned about the sixth: the protection of personal safety and property. Think about it. In a country with robust rule of law, where everyone is equal before the law, shouldn’t these basic rights be properly guaranteed for everyone, entrepreneurs and  commoners alike?

It has been four decades since the reform and opening up, yet the General Secretary still feels a need to specifically promote entrepreneurs’ rights to personal safety and the security of their property. This reflects the gravity of the issues facing the governance of Chinese society and state. In my view, China’s economy will face six internal challenges that deserve our serious consideration. Due to time constraints, I won’t be able to get through all of them.

In addition to this, there are three major external challenges. The first is the trade war, which is in fact no longer a trade war but rather a clash between two opposed value systems. It can be said with certainty that the Sino-U.S. relationship has come to a crossroads right now and faces significant historic challenges. What are we to do? To be honest, I don’t think we have really found much of a solution.

You are aware that Huawei’s CFO Meng Wanzhou was recently detained in Vancouver. In the past two days, mainstream media such as BBC and CNN have been reporting on how the U.S. is going at Huawei on all fronts. What this tells us is that this issue is not simply about trade or economics.

We used to speak of “China’s period of strategic opportunity for economic growth.” Does this period of strategic opportunity still exist? Personally, looking at the international situation, I think this period of strategic opportunity is fading quick.

Xiang Songzuo, online.jpg

Let’s think about what “international period of strategic opportunity” means. It means that in the past, international regulations have been favorable to us; we had open access to technology, capital, talent, and markets. Because of the imminent changes we face on the domestic and international fronts, I have titled today’s speech “the great shift unseen over the last forty years.” (四十年未有之大变局)

Have we really given the problems due consideration? Of course the short-term problem we are looking at is economic decline; the preponderance of data demonstrating this point needs no introduction here. Data concerning performance in November hasn’t been released, but you can extrapolate based on the October figures: there’s been a decline across virtually all sectors, from consumption in retail, autos, or real estate. Just look at China’s exports. Who can say that the trade war didn’t impact China and that China is sure to win the war no matter how big it is? Why don’t the people who were saying this kind of thing in April and May stand by their words now?

Why did we made such mistakes in assessing the international circumstances?

Look at these numbers. That China faces a long-term economic downturn is not a problem by itself. But you may have noticed that the consumption and the service sectors now make up 78.5 percent of GDP. Going by the government’s logic, this should be a good thing, since it means the economic transition to a consumption economy has been successful: we used to rely on investment and export, now we rely on consumption and the service sector. This sounds reasonable, but think about it: in a country like China, as investment slows dramatically, how can we maintain economic stability by solely relying on consumption?

The fact that consumption and services comprise 78.5 percent of GDP may be good news to some extent, but is far eclipsed by the negative implications. Take a look at investment. More importantly, can consumption alone support faster economic growth?

In the four decades following the economic reform, we have undergone five phases of consumption. The first was to solve the food problem, the second was the “New Big Three” [新三大件, short for refrigerator, color TV, and washing machine], the third was the consumption of information, the fourth was automobiles, and fifth was real estate.

But these five waves have essentially all come to an end. Car sales have dropped sharply and real estate spending is also substantially decreasing, so we are facing serious problems. This is the crux of the six stabilities called for by the Politburo [stable employment, stable finance, stable foreign trade, stable foreign investment, stable investment and stable expectations], or as some internet users have joked, the six “tender kisses” [吻, kiss, is a homophone for 稳, stability].

Now, let me give you three more “kisses”: stable reserves, stable exchange rates, and stable housing prices.

It should be fairly obvious that these stabilities are difficult to achieve. For now it looks that “stable foreign investment” and “stable foreign exchange rates” shouldn’t be a problem. Foreign investment is basically stable. But how can you stabilize investment, exports, real estate market, and employment? The reason that I want to share the word “reflect” with everyone today is that we need to reflect on why this happened, and on how to find an appropriate solution.

As economy slows, financial risk escalates and shadow banking shrinks rapidly. Some say that the president of China’s central bank has come out to apologize, saying that their prior policy was not well thought out, lacked coordination, and wasn’t properly implemented, that these, coupled with the effects of overbearing regulations, caused credit to recede. This is certainly an important reason, but it’s not the fundamental issue.

We can see that the direct financing market, whether the bonds or stock market, has been cut in half in 2018 and that many companies have defaulted. Total debt due to default has exceeded 100 billion RMB ($14.5 billion) for the first three quarters.

According to data provided by the government, the corporate debt default could exceed 120 billion RMB, and many businesses have gone bankrupt. As Cao Dewang (曹德旺) put it, companies are collapsing in droves; not even state-owned enterprises are spared this phenomenon. Bohai Steel, once listed in the Fortune Global 500, was 192 billion RMB in debt when it bankrupted; the real number could be as high as 280 billion RMB.

Local debt is a big problem in China’s financial market. As for the actual number, the National Audit Office claims it to be about 17.8 trillion RMB, while He Keng (贺铿), vice director of National People’s Congress Financial and Economic Affairs Committee, thinks it’s over 40 trillion RMB. Worse yet, not one local government intends to pay back its debts.

So this is the larger context. Then there’s also the stock market crash. My friend Mr. Jin Yanshi  (金岩石) will share with you shortly his thoughts about an impending stock market rebound, but in my opinion, it’s far from forthcoming. You can look at the history: only the Wall Street Crash of 1929 can compare to the steep decline that the Chinese stock has experienced this year. Many stocks are down 80 or even 90 percent.

So here’s a problem that we need to think about today: we know China’s stock market is feeling the pain, but what exactly is hurting?

Some people blame the securities regulators, Chairman Liu (刘主席), or this and that, but I think they are going after the wrong people. The problem lies in regulatory policy, which I fear may be lacking. The absence of comprehensive stock regulation might be an important issue, but it’s not the crucial one.

Look at our profit structure. To put it plainly, China’s listed companies don’t really make money. Then who has taken the few profits made by China’s more than 3,000 listed companies? Two-thirds have been taken by the banking sector and real estate. The profits earned by 1,444 listed companies on the SME board and growth enterprise board are not even equal to one and half times the profit of the Industrial and Commercial Bank of China. How can this kind of stock market become a bull market?

When we buy stocks, we are buying the profits of the company, not hype and rumors. I recently read a report comparing the profits of China’s listed companies with those in the U.S. There are many U.S. public companies with tens of billions dollars in profits. How many Chinese tech and manufacturing companies are there that have accomplished this? There is only one, but it’s not listed, and you all know which one that is. [Xiang is referring to Huawei, the Chinese tech company.] What does this tell us? As Yale professor Robert Shiller said: stock market performance may not work as a barometer of the economy in the short run, but it does for sure in the long run.

So I think that the terrible stock performance only demonstrates one thing, which is that the real economy in China is in quite a mess. Where is the stock market rebound? I think it’s obvious that investor confidence has yet to recover.

A number of policies came out on October 19 and 20, and Vice Premier Liu He (刘鹤) personally gave a speech to pledge results, but what of it now? The SSE Index fell to 2600 points by last Friday, and just stayed there, barely alive. When is the market rebound coming? Real estate is not showing much cause for optimism right now, but I won’t go into details for lack of time. You can take a picture of the data for your reference.

That’s why China wants to fight the three tough battles. China’s economic decline indicates that there is a major issue with the focus on expansion and growth:  It has deviated from the fundamental and moved to speculation. These are the words of former chief of China’s central bank, Zhou Xiaochuan (周小川).

What are our current financial risks? They are hidden, complex, acute, contagious, and malevolent. Structural imbalance are massive, and violations of law and regulations are rampant. There are black swans to prevent, and gray rhinos to stop. A reporter once asked Zhou, “Where are the black swans? Which ones?” Zhou smiled and did not answer.

The black swans are right next to you. The P2P lending, blockchain, Coin Circle, aren’t all these black swans? But you can’t see them. As for the gray rhinos, they can charge at any time. The biggest of them is real estate.

We have rampant speculations everywhere, in too many aspects. In short, it’s arbitrage.

During the national finance work conference last year, the General Secretary and the Premier strongly criticized the Chinese financial sector with a pile of literary-sounding polemics, saying that they were entertaining themselves without the slightest consideration for reality, and that the financial sector was in chaos and was a horrible sight to behold.

Apart from this financial arbitrage, what do most businesses do with their money? Forty percent of it goes to the stock market, speculation, and buying stocks of financial companies, but not investment into primary business. Then can this be considered a good situation for listed businesses? You can say goodbye to the equity pledges, game over. As an economist, I am opposed to the government bailing out the market. If stock pledges collapse, let it be: what’s the point in bailing them out? What are you doing using stock pledges for other purposes anyway? What did you do with the loans you get from stock pledges?

I’m acquainted with many bosses of listed companies. Frankly speaking, a large part of their equity pledge funds did not go into their primary business, but used on speculation. They have many tricks. They buy financial products; they buy housing. The government said listed companies have spent 1-2 trillions on speculative real estate. Basically China’s economy is all built on speculation, and everything is over leveraged.

Starting in 2009, China embarked on this path of no return. The leverage ratio has soared sharply. Our current leverage ratio is three times that of the United States and twice that of Japan. The debt ratio of non-financial companies is the highest in the world, not to mention real estate.

Having shared all this data with you, shouldn’t we be arriving at a conclusion now?

“The swallows come back every three years.” [This is a reference to the three years of RMB growth between 2005 and 2008.] Now they are back again. The economic decline has created a lot of pressure, so now the government brings back its old set of tricks: relaxed currency regulations, aggressive monetary policies, relaxed financial policies, and aggressive capital financing policy.

But now I want to ask a question. Everyone in the audience is an alumnae of Renda business school and capable of thinking independently, so give it some thought: Will these policies work? Can they solve China’s fundamental problems? It’s not that our currency regulation this year was not relaxed enough—we released 400 billion yuan in liquidity, 2.3 trillion yuan in hedging or medium-term lending facilities. 2.3 trillion times the money multiplier is about a dozen or so trillion.

Three monetary policy “arrows” have been fired, also known as “Bank Chief Yi’s three arrows.” The first is loans, the second is issuing debts, the third is to solve the problem of stock pledges. Even more mind-blowing was the “125 Target.” [Guo Shuqing (郭树清), CCP committee secretary of the People’s Bank of China and chairman of the China Banking and Insurance Regulatory Commission, said in November that banks’ lending to private companies need to meet the “125 Target,” which means that in new corporate loans, the big banks should issue no less than one-third of the loans to private firms, medium and small banks should issue no less than two-third of the loans to private firms, and in three years the goal is for banks to lend no less than 50 percent of its loans to private enterprises among their loans to new companies.]

We recently went to the Pearl River Delta and some other regions to conduct field research, and locals told us that the local officials invited the bank chiefs over to meetings and told them which banks to turn to for loans. What is this nonsense?

So we need to reflect on our current problems: can these policies of ours solve the deeper issues?

As for the debt-for-equity swap, the capital market has issued many policies but I don’t see any of them will really be useful. It’s been another two months since October 19, have they been effective? So we have to ask ourselves: What has really gone wrong with our economy?

My own reflection has reached its conclusion: The problem with the Chinese economy is no longer speed or quantity, but quality.

The official report of the 19th Party Congress is an excellent report. So is the report of the Third Plenum of the 18th Party Congress. All of these major decisions were beautifully written and made all the right points. Sadly, they have not been followed through. The structural problems we face as a country, the “Six Big Imbalances,” are not sufficiently addressed. Think about it, entrepreneurs and alumni of Renda business school in the audience, can any radical credit policy or monetary easing solve these problems?

Moreover, these credit and monetary policies can only make short-term adjustments that are incapable of fundamentally solving the “imbalances” I mentioned earlier. We are still trapped within the box of the old policy and the old way of thinking. The key to whether transformation will be successful is the vitality of private enterprises—that is, whether policy can stimulate corporate innovation.

We have been making a game of credit and monetary tools for so many years. Isn’t this the reason we are saddled with so many troubles today? Speculation has driven housing prices sky-high.

The problems that private business actually faces are not difficulties in financing. What is it then? They are afraid of unstable policy and the government not keeping its word.

The leader of the State Council said it clearly in a meeting of the Standing Committee: in China, the government is what can be least trusted. Therefore, in order to solve the debt problem, first, the government has to pay back debts it owes businesses, the state-owned enterprises have to pay back debts they owe private enterprises, and large private enterprises have to pay back debts they owe smaller ones. The three costs keep going up [production cost, transnational cost, and systematic cost], therefore tax cut and fee reduction is the primary appeal.

My basic assessment of the overall issue is that these short-term monetary credit schemes are wholly incapable of solving the problem. For the Chinese economy to continue growing in a truly stable fashion, and extricate itself from its present quagmire, it must implement the following three essential reforms: tax system, reform in the political structure, and reform in state governance.

How to reduce taxes and fees? The structure of the government must be streamlined by cutting large numbers of staff. Personnel must be let go and expenditures have to drop, which means that structural reforms have to be carried out.

Professor Zhou Qiren (周其仁) of Peking University is someone I respect and admire deeply. All these years, he has been saying: what is China’s biggest problem? The costs of societal administration are too high.

Then there are the matters of governmental  reform and reforms in the structure of state governance. Of course, there’s also reform of academia and research.

I hear that the day after tomorrow, there’s going to be a grand conference to mark the 40th anniversary of the “reform and opening up.” I sincerely hope that we’ll hear something about further deepening of reforms at that conference. Let’s wait and see if any real progress can be made on these reforms.

If this doesn’t happen, let me conclude on these words: the Chinese economy is going to be in for long-term and very difficult times.

More information about Prof. Xiang Songzuo can be found here


Related:

Economics Professor Expelled for ‘Politically Harmful’ Expressions, Including Estimate of Staggering Cost to Maintain the Communist Party Apparatus, China Change, August 21, 2018.

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

My Declaration: The Faith of Disobedience

Pastor Wang Yi, December 24, 2018

 

Chengdu, WY, 64, SCMP

Pastor Wang Yi. “June 4th, pray for our country.” Photo: SCMP.

 

In line with the teachings of the Bible and the mission of the gospel, I respect the leaders that God placed in power over China, because the coming and going of kings and leaders is all His hands. In this vein, I shall obey the arrangements God has made for Chinese history and its government.

As a pastor of the Christian church, my starting point is the Bible, and I have my own understanding and views on society, politics, and law, as well as on the proper definitions of justice and benevolent governance. I abhor the Chinese Communist Party’s persecution of the church, how it deprives people of their right to free faith. However, it is not my calling to bring about changes in politics or society, and neither is this the meaning of the Good News that God brings to his people.

All the ugliness of reality, with its political injustices and arbitrary application of the law, show that the cross of Jesus Christ is the Chinese people’s sole hope for salvation. It also shows that true hope and perfect human society cannot come about through any change in secular politics or culture—only through the forgiveness of human sin by Jesus Christ can man gain eternal life in Heaven.

As a pastor, my faith in the gospel and my teachings for the masses, as well as my condemnation of all sins, come from Christ’s command in the gospel, out of His unmeasurable love. Human life is so short. God is eager to command the church to lead and allows anyone to repent so long as they are willing. Christ is willing, and so urgently waiting, to forgive all those who turn from sin. This is the mission of all the work that the church is doing in China. It is to, before this world, bear witness to Christ, to bear witness to the kingdom of heaven before the Chinese, and to bear witness to the eternal life of heaven before the short life of the earth. This is my calling as a pastor.

For this reason, I accept and respect the CCP’s political power as a temporary state allowed by God. As the Lord’s servant John Calvin said, a tyrant comes as God’s punishment for the wicked, with the purpose being to urge the people of God to repent. For this, I am willing to physically obey the rules of their law enforcement as a form of discipline and ordeal from the Lord.

At the same time, I must make it clear that the Communist regime’s persecution of the church is a heinous crime. As a pastor of the Christian church, I must resolutely and publicly condemn these sins. My calling also requires me to transgress all human laws, albeit nonviolently, that violate the Bible and God’s commandments. Christ, my Savior, also asks me to joyfully bear all the consequences that come with the transgression of these evil laws.

This, however, does not mean that my personal and clerical disobedience is a political act in the sense of rights defense or civil disobedience, for I have no intention to change any of China’s institutions or its laws. As a pastor, the only thing I care about is disobedience commanded by faith, a resistance that can bring a jolt to mortal sinners and serve as a testimony of the Christian cross.

As a pastor, my resistance is part of the Gospel mission. The great mission of Christ requires our great resistance in the face of worldly adversity. The purpose of resistance is not to change this world, but to bear witness to another world.

The mission of the church is simply to function as a church; it is not to be part of any secular institution. Speaking in a passive sense, the church must separate itself from the world and avoid letting itself be institutionalized by worldly influence. At the same time, all actions of the church are but efforts to prove to this world the reality of another world. The Bible teaches us that we can only obey God, not people, in matters concerning the gospel and human conscience. Therefore, disobedience out of faith and the resulting physical endurance are the ways we witness another, eternal world and the glory of its sovereign.

This is why I have no interest in changing any political and legal institutions in China. When or whether the CCP’s policies of persecution against the church will change is of no concern to me. No matter the regime, whether today or tomorrow, as long as the secular government continues to persecute the church and violate the human conscience, which belongs to God alone, I will continue my resistance as one of the faithful. Because all the missions that God has given me are manifested through the sum of my actions: I act so that more Chinese may understand that the hope of mankind and society lies only in Christian redemption of Christ, in the supernatural grace of God.

If God decides, by way of the CCP regime’s persecution of the church, to lead more Chinese people to a state of despair, make them experience the disillusionment of faith, so that they will come to know Jesus, overcome hardships, and build their own church, then I am very happy to obey God’s arrangements, because His are always loving and perfect.

It is precisely because in all my words and deeds I neither seek nor expect any changes in society or politics, I am no longer afraid of the powers that govern them. For the Bible teaches that God’s authority, by which governments are established, is something to be feared by those do evil, not good. Those who believe in Jesus do not do evil, and they should not fear the power of darkness. Although I am often weak, I believe that this is the promise of the gospel. It is the good news for which I have expended my every effort to spread throughout Chinese society.

I also understand that precisely for this reason, the Chinese Communist regime is full of fear for a church that no longer fears it.

Be the sentence long or short, if I am to be detained so that those in power may relax their fear of my faith and my Savior, I am happy to help them in this way. But I know that I can truly help the souls of those in power and law enforcement only when I say no to all the sinful persecution of the church, and take up peaceful means of resistance. I long for God to use me to tell those who rob me of my personal freedom that there exists an authority higher than their authority, and that there is a freedom that they cannot detain. That is the teaching of Jesus Christ, who died and was resurrected.

No matter what kind of crime this regime charges me with, no matter what kind of filth is thrown on me, as long as this crime is made to assault my beliefs, writing, speech, and missionary behavior, it is nothing but the devil’s lies and temptations. I will deny it all: I shall serve the sentence without serving the law, and refuse to admit guilt even if I accept the ruling of the law.

And I must point out that the most evil and terrible sin of Chinese society is the persecution of the Lord’s Church and of all Chinese who believe in Jesus Christ. This is not only a crime against Christians, but also a crime against all non-Christians. For through the government’s violence and cruelty, they have been prevented from coming to Jesus, and there is no greater sin than this.

If one day this regime is overthrown by God Himself, it will be for no other reason than His punishment and vengeance for the commission of this sin. On earth, there is a thousand-year-old church, but no regime can last a thousand years. There is only eternal faith, but no eternal power.

Those who hold me will be detained by angels. He who interrogates me will eventually be interrogated by Christ. With this in mind, the Lord has filled me with sympathy and sadness for those who detain and try me. I beg the Lord to use me, to give me the strength and wisdom to bring the gospel to them.

Tear me from my family, my reputation, and my well-being, there is nothing that those in power cannot do. However, no earthly force can compel me to give up my faith, to change my life, or raise me from the dead.

Thus, distinguished officials, I beseech you to stop doing evil, not for my sake, but for the sake of you and your children. I beg you to stop: there is no reason for you to pay the price of eternal damnation in hell for so humble a sinner as myself.

Jesus is Christ, the Son of the Living God. He died for sinners and was resurrected for us. Yesterday, today, and for all time, he is my sovereign and Lord of all the world. I am His servant and for this I am detained. With gentleness I resist all those who resist God, and I will gladly disobey any law that does not obey God.

 

September 21, 2018 (first draft)
Revised on October 4, released by the church 48 hours after Wang Yi’s detention.

 

 

Appendix: What Is the Faith of Disobedience?

It is my firm belief that the Bible does not give any government or branch the authority to manage the church or Christianity. Thusly, the Bible requires me to peacefully resist all administrative and judicial forces that persecute the church and interfere with the Christian faith. It is a nonviolent resistance that I embrace with optimism and joy.

I firmly believe that this is an action rooted in faith. In the contemporary totalitarian state that persecutes the church and rejects the gospel, the faith of disobedience is an inevitable component in spreading the Good News.

I firmly believe the faith of disobedience is an act that signifies the end time. It is a testimony to the eternal city of God in the transient city of sin. The disobedient Christian, following the path and manner of the cross, follows the path of Christ, who was nailed to the crucifix. Peaceful resistance is the way we show our love for this world, but also the way in which we avoid being mixed up in it.

I believe that the Bible requires me to rely on the grace of Christ and the power of His resurrection to follow the two non-negotiable bottom lines in practicing this faith of disobedience.

First is the bottom line of the heart. The goal of the faith of disobedience is love for the soul, not hatred of the flesh. This resistance aims to change the soul, not the environment. Should, at any time, my peace and patience be overtaken by persecution from without, and in my heart arise resentment and bitterness towards those who persecute the church and slander Christians, then the goal of the faith of disobedience cannot be reached,

Second is the bottom line of behavior. The gospel requires that the resistance of faithful must be non-violent. The secret of the gospel lies in the enthusiastic endurance of hardship, a willingness to bear unrighteous punishment rather than resort to physical resistance.

Peaceful resistance is born of love and forgiveness. The cross means being willing to suffer when you don’t have to suffer. Because Christ’s ability to resist is unlimited, he was able to endure any humiliation and pain. Christ’s way of resistance, as he hung nailed to the cross, was to extend a olive branch of peace to the world that crucified him.

I believe that Christ calls upon me to use my whole life to practice the faith of disobedience in the face of this regime that rejects the gospel and persecutes the church. This is the way I preach the gospel, and it is the secret of my evangelism.

 

Wang Yi, the Lord’s Servant
September 21, 2018 (first draft)
Revised on October 4, released by the church 48 hours after Wang Yi’s detention.

 


Related:

The Crackdown on Chengdu Early Rain Covenant Church: A Backgrounder, China Change, December 21, 2018.

 

 

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

 

My Brother’s Keeper: A Proposal for “Dual Key” Accounts to Preserve Twitter’s Voices of Freedom

Jeff Rambin, December 11, 2018

 

Twitter purge, 漫画

A cartoonist in Nanjing marks his 10th anniversary with Twitter. He describes his Twitter experience as “like bathing in a hot bath, enjoying momentary peace and freedom.” https://twitter.com/YaxueCao/status/1070666032556204032

 

“There is no word for the pain, sadness, humiliation and anger I feel in my heart.” After six years and four months of tweeting, Wang Jiangsong was forced to delete his account. Wang calls himself a “labor scholar,” but he is too modest. William Nee of Amnesty International calls Wang “arguably the most prominent labor academic in China.” This is due not only to Wang’s scholarship, but also to his connections, and most importantly, his compassion. Wang’s perspective has been relied on by the Associated Press, Foreign Policy, and Reuters. Last year, Wang became part of the news himself. As reported by Radio Free Asia, officials in a Beijing neighborhood used a November fire as a chance to evict migrant workers. With winter effectively underway, Wang and others not only set up shelters for the workers, but also penned an open letter condemning the evictions as illegal.

In a farewell tweet, Wang said that the deletion was “due to force majeure which you all understand.” Though he said that “the sun will continue to rise,” Wang spoke of the deletion of his account as an “obituary.”

5,614 tweets to more than 23,300 followers will be gone in a few hours.

[As of now Prof. Wang’s handle is still alive, and he’s subsequently tweeted an account of the police visit.]

This happened on Tuesday, December 11, 2018, the day after the 70th anniversary of the United Nation’s Universal Declaration of Human Rights. Article 19 states:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

As followers of ChinaChange.org are aware, Wang Jiangsong’s story is far from isolated. It is part of a recent and accelerating crackdown on the use of Twitter by Chinese authorities. On November 9, 2018, Wu Gan’s Twitter account was deleted. That deletion carries concerns of its own, because Wu has been in prison since 2015. What is more, the deletion was unannounced. Yaxue Cao just happened to be online at the right time to see it go down. As with Wang Jiansong, Wu Gan used his Twitter account for the cause of the oppressed. Time and again, Wu rallied support to those who were ignored.

30,277 tweets from 2009 to 2015. Erased as though they never existed.

The list of names is rapidly growing. The campaign against Chinese Twitter users is being followed with increasing alarm on Twitter itself. It has been reported by outlets including Beijing Spring, the Epoch Times, the Hong Kong Free Press & Agence France Presse, and Human Rights Watch. As reported by Eva Xiao of AFP: “Despite being blocked in China, Twitter and other overseas social media sites have long been used freely by activists and government critics to address subjects that are censored on domestic forums — until now.” More and more Chinese Twitter users are receiving invitations to “drink tea” at the police station. To put it mildly, this is a consent issue. These accounts are not being deleted voluntarily.

What Wang, Wu, and so many others are up against is the “People’s Republic of Amnesia,” as described by former BBC and NPR reporter Lousia Lim in her book by that title. Indeed, the first rule of imposed political amnesia is that there is no amnesia; China has banned novelist Ma Jiang’s book China Dream, in which he describes both the efforts to erase memories, and the way those memories come back to the surface like a ball which has been held under the water.

 

Twitter purge, old wine

The account of Shenzhen-based dissident and businessman 陈年老酒 @old_wine was deleted after he had been interrogated three times. In April he called out “Save the Uighurs!”, a rare outcry from Han Chinese who have remained largely silent on concentration camps in Xinjiang.

 

The systematic campaign to erase history is now reaching out to Twitter users. Not via technological means, but by the knock on the door in the middle of the night.

This is loss on a staggering scale, and the worst of it is that there’s no way of knowing exactly how bad it is. How do you account for the damage done by severing the connections of someone like Wang Jiansong? How do you assess the impact of the collective body of free-minded people tweeting everyday acts of individuality? We can get some idea of their value from the extent to which oppressors are going.

Has the next Alexander Solzhenitsyn, Vaclav Havel, or Martin Luther King, Jr., been formulating ideas tweet-by-tweet? Purists might laugh, but I wonder if today’s Letter from Birmingham Jail, or at least its existence and how to access it, wouldn’t be spread via Twitter. Imagine such tweets permanently disappearing.

Imagine that the perpetrators of the June 4, 1989 massacre at Tiananmen Square had the ability to delete every image of Tank Man. No doubt they would.

That is not an armchair historian’s counterfactual. Through the deletion of Twitter accounts, we are losing the record of what is happening right now in the Xinjiang camps. We are also losing the record of non-Uighur Chinese who are trying to stop that atrocity. In other words, this is not only about a historical record. Twitter users are trying to save lives in the here and now.

The “Dual Key” System

What is Twitter going to do about this? Twitter may not have the resources to investigate consent in so many cases. Besides, determining whether a deletion was voluntary or under duress could embroil Twitter in political issues. Same for issuing a blanket order that no deletions will be permitted from China, or any other country. Twitter is by-and-large, what the users make of it.

Given what is at stake, though, Twitter should find a way to do something.

The point of a dual key system would be to protect the dissenter, the dissenter’s tweets, and Twitter. Twitter would not be involved in assessing consent.

The second key would be held by a person of the primary account holder’s choosing, most likely in another country. The second key holder would have no ability to tweet, only the ability to approve or veto deletions. The conditions under which deletion would be permitted would be determined up front between the keyholders.

Such a program presents moral quandaries. To state but one: If the ground rules between key holders are to never delete no matter the circumstances, do you abide by that as a second key holder?

The thing is, we are already in the moral quandary whether we acknowledge it or not. As things stand, when the knock on the door comes, Chinese Twitter users are alone. And we’re letting that happen, pretending that none of the responsibility falls on us. To my mind, though, as I’ve gone about my daily business, I’ve been a free rider on what Wang Jiangsong and so many others have done and are doing to fight darkness in this world. So in some way I owe this to him — even though we’re a world apart and we’ve never met. Perhaps others see things the same way. Perhaps Amnesty or Human Rights Watch or others would be willing to coordinate this with volunteers from around the world. Electricians, teachers, retirees, college students – the variety of volunteers will be surprising.

This is about connection and shared burden. When a Twitter user is sitting in an interrogation room facing a demand to delete their account, they should not be alone. The very existence of a second key holder changes the dynamic in that room. If a deletion request is made, the notification to the second key holder will be a pre-arranged call for help. A dual key system turns the table on the interrogator by shining a light into a dark place.

Please, Twitter, do something. Brave dissidents are already risking punishment by speaking. Give them the option of a dual key account to preserve their words. In these trying times give us reason to sing “All people become brothers where your gentle wing abides.”

 

 

Jeff Rambin is a father and attorney from Tyler, Texas. He is a lifelong student of history and politics. Years ago, he served as the chairperson of the foreign-policy focused Wiley Lecture Series at Texas A&M. Memories of 1989 have stuck with him. At some point he grew sick of reading books and watching the news and decided that he had to do something.

He can be followed on Twitter at @RespectHope.

 

 

https://www.theepochtimes.com/chinese-regime-forcing-twitter-users-to-close-their-accounts_2723395.html
http://beijingspring.com/bj2/2010/150/1115201825953.htm
https://www.hrw.org/news/2018/11/21/chinas-social-media-crackdown-targets-twitter#
https://www.hongkongfp.com/2018/11/18/stealth-crackdown-chinese-censorship-extends-twitter-activists-accounts-disappear/
https://foreignpolicy.com/2014/04/03/meet-chinas-protest-archivist/
https://www.reuters.com/article/us-china-labour-lawyer-insight/labor-movement-concertmaster-tests-beijings-boundaries-idUSKBN0JL00T20141207
https://www.businessinsider.com/chinas-168-million-migrant-workers-are-discovering-their-labor-rights-2015-4
https://www.theepochtimes.com/chinese-regime-forcing-twitter-users-to-close-their-accounts_2723395.html
http://beijingspring.com/bj2/2010/150/1115201825953.htm
https://www.hrw.org/news/2018/11/21/chinas-social-media-crackdown-targets-twitter#
https://www.hongkongfp.com/2018/11/18/stealth-crackdown-chinese-censorship-extends-twitter-activists-accounts-disappear/

 

 


Related:

China Steps up Nationwide Crackdown to Silence Twitter Users – the Unmediated Story, Yaxue Cao, December 5, 2018.

Deletion of Wu Gan’s Twitter Posts Reflects the Urgent Need to Protect Chinese Human Rights Activists’ ‘Data Ownership’, November 11, 2018.

#LoveTwitter, a Special Place Like No Other for Mainland Chinese Netizens, March 24, 2016.

 

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

Courage Comes from Prison

Liao Yiwu, December 10, 2018, International Human Rights Day, Berlin

 

IMG_2470

Liao Yiwu at the Hohenschönhausen Prison Complex, now the Berlin-Hohenschönhausen Memorial, April 2018. Photo: Yaxue Cao

 

I’ve so often said that my courage and everything about me comes from prison. This is how I differ from other Chinese writers. In prison, I was tortured ‘til I could no longer bear it, and tried to kill myself twice. But I learned to write secretly; and I learned to play the xiao (ancient flute) from an over-80-year-old monk. From the sound of his xiao, I realized that freedom comes from the soul.

A man of inner freedom is the natural enemy of a dictatorship. His political views come in a pale, second place.

The key is that, only after experiencing the horror, sadness, and pity of losing freedom and being trampled upon, does one fight for the freedom of others with all one’s heart, and moreover turns the fight for freedom into a kind of personal faith.

Most of the time, outside of writing, I’m a failure. For example, my friend Liu Xiaobo, four times jailed, was murdered in a cage on July 13, 2017. We did our best to rescue him, but it was all a failure. Although his wife, Liu Xia, was eventually released and allowed to come to Germany, the price was too painful and too great. And soon it will all be forgotten.

China is still the world’s largest capitalist market, and with the US-led trade war against China and the constant thrashings-about in the news, already the memory of Liu Xiaobo and his wife is being diluted and lost. It’s a vulgar and cruel world that no longer needs a martyr like Liu Xiaobo to strive and be jailed for the cause of democracy. I understand all this. I know that though the records already are numerous, I must continue to write. It’s just as, over 2,000 years ago, when Plato recorded the philosophical debates in Socrates’ cell before his death; without those words Plato left behind, Socrates would have been erased by time, and his death left a vague mystery. His words would no longer stir us so deeply.

Yes, I wrote “June 4: My Testimony” and “Bullets and Opium,” both of which are part of a single whole describing the victims of the Tiananmen massacre nearly 30 years ago, many of whom died, many of whom were destroyed by prison. (Although, even when released from prison, they went on to die in a larger prison without walls.) The idea that “the internet will destroy autocracy and open markets will lead to democracy ” has been a popular notion for American politicians, and coincided with the administration of then-US President Bill Clinton. It’s this phrase that lubricated China’s entry to the WTO, and helped grant it most-favored nation status over 20 years ago.

But it’s clearly not the case that “the internet undermines dictatorship.” Instead, it’s the authoritarian regimes that have made extensive use of Western network technology to comprehensively monitor the entire Chinese populace. No matter where you are, as long you’re a dissident, you’ll be tapped and tracked; all your trips to the bank and online speech will be recorded, and in a moment’s notice, all will become evidence of your intent to harm the state. At hotels, train stations, and airports, your face will be automatically identified by the police using their mobile phones and computers — technology invented by Westerners and augmented by the internet and open markets, all of which has given a tremendous boost to the dictatorship.

What follows naturally is that the dictatorship will challenge Western democracy. For instance, China has the Great Fire Wall, and if you circumvent it and visit foreign websites, this is called “illegal” and perhaps you’ll be arrested. Western countries have no firewall, and almost all overseas Chinese, and many foreigners interested in China, are free to use WeChat, Weibo, and Huawei cell phones — but then they’re silently monitored and tracked too. And if you say ‘extremist’, suspicious, sarcastic, or subversive remarks about China, WeChat administrators will issue a warning that your account may be cancelled — or simply cancel it without a word. Or maybe you’ll temporarily go “missing”, and your family and friends in the country may also find themselves under a cloud of trouble. Dictators not only borrow the propaganda of “counter-terrorism” to carry out concentration camp-style forced brainwashing of millions of Uighurs in Xinjiang, but also use the internet to prevent those in the free world from actually being free.

Many dissidents around me also use WeChat and accept the regime’s control and surveillance without really thinking it over. So today, I, a writer among dissidents, not only refuse to use Chinese-made smartphones, but I refuse to install any software from China, and I only publish my work in democratic Taiwan and the free West.

More importantly, I don’t flinch, I don’t succumb to silence, I continue to fight for the freedom of others, and in this oft-failed struggle, I’m drawing from a passionate need to make a record of this era.

Coming up next, I shall prepare another book; I shall get ready to turn defeat into victory in the history that will soon be upon us.

“1984” itself makes one hopeless — but the act of writing “1984” is already a flickering of hope from the depths of despair.

 

 

 


勇气源于监狱

廖亦武

2018年12月10日, 国际人权日

柏林

 

我一再说,我的勇气,我的一切都源于监狱,这是我和其他中国作家不一样的地方。在监狱里,我受尽折磨,自杀了两次,但我在监狱中学会了秘密写作,还跟一个80多岁的老和尚学会了吹箫。从箫声中体悟到“自由源于内心”。一个内心自由的人,是独裁政权的天敌,而政治观点倒在其次。关键是体验过失去自由、任人宰割的可怕和可悲,你才会全身心地为他人的自由而奋战,并把“为他人的自由而奋战”作为一种信仰。大多数时候,在写作之外,我是失败的。比如我的四次坐牢的朋友刘晓波,在2017年7月13日被谋杀在囚笼。我们曾竭尽全力营救,但是被打败了;虽然他的妻子刘霞后来被释放到德国,可代价如此惨痛——况且这一切很快会被忘记,中国依旧是全世界最大的资本主义市场,美国发起的对中国的贸易战,不断持续的起伏震荡,已经在一点点抹掉对刘晓波夫妇的记忆——这个庸俗而残酷的世界不再需要刘晓波这样为祖国走向民主而坐穿牢底的殉道者——我明白这些,我明白虽然记录得够多,可还得写下去——正如两千多年前,柏拉图记录了苏格拉底临死前的那场狱中哲学辩论。如果没有柏拉图留下来的文字,苏格拉底也会被时间抹掉,他的死也是一个渐渐远去的谜,不会至今还激荡着我们。

是的,我写出了《六四 我的证词》和《子弹鸦片》,两本书是一个整体,都记述了30年前的天安门大屠杀的受难者,许多人死了,许多人被监狱毁了——他们虽然出了监狱,却在一座没有围墙的更大的监狱中,生不如死——“互联网将摧毁专制,市场化将催生民主”,这是美国一位著名政客的流行语,与当时的美国总统克林顿不谋而合,于是中国被批准加入世贸组织,被给予最惠国待遇——20多年过去,不是“互联网摧毁专制”,而是专制政权大肆利用西方网络科技,对全中国实行全面监控,不管你在任何地方,只要是一个异议分子,都会被窃听和跟踪,你的任何一次银行进出和任何一段网上言论都会被记录,并随时转换成你危害国家的罪证。在酒店、车站和机场,你的人脸会被警察从手机或电脑屏幕自动识别——被西方人发明和不断升级的互联网和市场化,就这样有效地帮助了独裁统治。进而挑战西方民主——比如中国有防火墙,翻越防火墙,浏览海外网站是“违法犯罪”,警察有权抓人;而西方国家没有防火墙,几乎所有在海外的中国人,还有不少对中国感兴趣的外国人,都可随意使用微信、微博、华为手机等等,却不知不觉被监视和跟踪,如果你有过激、可疑、讽刺或其它手段的颠覆言论,微信管理员就会发出“取消账号”的警告,甚至不警告就直接取消,你暂时“失踪”了,你在国内的家人、朋友说不定也会惹上麻烦。

独裁者不仅利用国际反恐,在新疆对上百万维吾尔人进行集中营式的强制洗脑,也利用互联网,让自由世界的人们不自由。我身边的众多异议分子,也使用微信,神鬼不觉地接受他们的控制。所以在当今,我,一个异议分子中的作家,只有拒绝使用中国产的智能手机,拒绝安装来自中国的电脑软件,在民主台湾和西方各国出版作品。更重要的是,不要退缩,不要沉默,继续为他人的自由而奋战吧,并在这种经常失败的奋战中,获取记录这个时代的激情。

接下来准备写书,准备在即将过去的历史中,转败为胜。

《1984》令人绝望,但写出《1984》,就不太令人绝望了。

 

 


Also by Liao Yiwo:

‘Dona, Dona,’ Give Freedom To Liu Xia, May 2, 2018.

Acceptance Speech for the 2018 Annual Disturbing the Peace Literary Prize for a Courageous Writer at Risk, Liao Yiwu, September 27, 2018, New York City

 

 

 

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.