Fourth Plenum and the rule of law

1. Law professor Donald Clarke gave his view on his blog: // As expected, it offers more detail than did the Communiqué released earlier, but I don’t see anything here that would require a fundamental revision of the preliminary assessments that observers (including me) made after reading the Communiqué. Even though those assessments were varied, my sense is that whatever you thought the Communiqué indicated, your opinion will be reinforced, or at least not overturned, by your reading of the Decision. The big-picture summary is that the Decision contemplates no fundamental reform in the relationship between the legal system and the Party. It is clear that institutionally speaking, the Party will remain above the law. At the same time, the Decision does contemplate some genuinely meaningful (and in my opinion positive) reforms. It also has a lot of stuff that might look meaningful but isn’t. // Source: Chinese Law Prof Blog
2. Cheng Li expressed qualified optimism that the meeting had opened up the legal arena: // [… C]ritics in China and abroad were disappointed with the resolution of the meeting because it did not stress the supremacy of the constitution over the CCP. Instead, it reaffirmed the party’s leadership of constitutional reforms, implying that the party will remain above the constitution. Before the plenum, a quote attributed to Xi Zhongxun, Xi Jinping’s father, circulated widely in Chinese social media. The story was that in the early 1990s the elder Xi, then vice chairman of the National People’s Congress, said that China would always be at risk of disaster if the leadership did not figure out where the supreme power of the country should lie: the party or the constitution. Two decades later, this fundamental constitutional issue, as well as the risk of disaster, remains unchanged. Critics’ disappointment and the hesitation of CCP leadership aside, the Fourth Plenum has reopened much-needed public discourse on constitutionalism and governance in China. One can expect various forces in the country — from liberal intellectuals, human rights lawyers, and independently-minded legal professionals to Maoists, conservative party apparatchiks, and vested interest groups — in the coming years to contend on the legal front. // Source: Brookings
3. Chang Ping argued that the Party’s reaffirmed monopoly on legal power undermines its proposed reforms: // [… T]he heart of the constitution concerns setting limits on state power. On this front, the decision has not only failed to make any progress but in fact appeared to be doing the opposite. It stressed the central role of the Communist Party in leading China; this is nothing new. But, for the first time, the decision said the party’s Political-Legal Committee must “persevere for the long run”. // Source: SCMP
4. Jerome Cohen described the documents emerging from the Plenum as “a Rorschach test” within which the possibility of limited but significant improvements can be discerned. // Yet we should take seriously the core rhetoric and pledges of the Central Committee, for they may initiate important, if limited and surely not historic, improvements in China’s legal system. Such changes can stimulate greater respect for and compliance with the law, particularly at lower levels of government, where that has been sadly lacking. Years ago, a shrewd Chinese friend warned me about the importance of distinguishing between central government theory and local government practice. He recited a well-known couplet that I translate as: “High-level officials put us at ease. Low-level officials do as they please.” The fourth plenum represents the new Chinese leadership’s Promethean effort to alter this situation by advocating a vast range of measures to improve the practice, fairness, reputation and legitimacy of the legal system, especially China’s roughly 3,000 local courts and 3,000 prosecutors’ offices. Of course, the party’s most powerful leaders do not want to subject their own decisions to the strictures of law, as their continuing illegal confinement of their former colleague Zhou Yongkang demonstrates daily. Yet they plainly want to end the local protectionism, politics, corruption, backdoor contacts and other adverse influences that distort mundane judicial decision-making, fuelling popular distrust of the courts and the entire legal system. // Source: SCMP

Xi Jinping emphasized Party command of army

1. Last week, Xi attended a military political work conference held in a former revolutionary base in the township of Gutian, Shanghang County of southeastern Fujian Province. // Xi visited the old revolutionary base where the Gutian Meeting was held more than 84 years ago, stressing the country should carry forward with hard work and revolutionary traditions. The Gutian Meeting, which was a milestone for the CPC and the army, convened in 1929 in Gutian, Shanghang County of southeastern Fujian Province. The meeting set the tone for the army’s political work during the revolutionary era. The president said the ideological and political development is the lifeline for military building and has safeguarded the CPC’s absolute command of the troops. The army has established a set of fine political traditions, including serving the people wholeheartedly, fair and honest promotion of officers, rigorous self-discipline and sacrifice to the revolutionary spirit, Xi said. « We must profoundly recognize the important role of political work in the army building and pass on to the following generations all the great traditions which were forged in blood by our ancestors, » he added. // He also called for serious reflection on the discipline and law violations by former Central Military Commission (CMC) Vice Chairman Xu Caihou. Source: Xinhua
2. // Anyone calling for China’s People’s Liberation Army to be loyal to the state rather than the Communist party has a « very black heart », military media said Monday, after President Xi Jinping stressed: « The party commands the gun ». …State-run media decried the concept of a state-controlled army…, with an editorial in the official PLA Daily saying: « Those who spread the call for nationalisation of the military can be described as having a very black heart. » Other publications blamed the suggestion on foreigners intent on weakening the ruling party, with an editorial in the Global Times saying its backers had « obviously been influenced by the West ». // Source: AFP

Anti-corruption probes not ending

1. Corruption probe on Ling Jihua http://www.scmp.com/news/china/article/1622436/net-closes-ling-jihua-one-time-top-aide-president-hu-jintao
2. China will set up new anti-corruption office // China will set up a new anti-corruption bureau under its top prosecutor, a senior official said, in an attempt to streamline an aggressive campaign against graft…. The ruling Communist Party has approved the establishment of a new anti-corruption general office under the prosecutor. “The reforms would allow the SPP « to concentrate its energy to directly investigate big and important cases … and effectively break through institutional barriers in handling cases”, [the Supreme People’s Procuratorate (SPP) deputy procurator-general] Qiu [Xueqiang] said. // Source: Reuters
3. But it is expected that the lion share of anti-corruption probes will still fall under the Central Commission for Discipline Inspection (CCDI). A formal statement from the Fourth Plenum confirmed as much, saying: “Governance according to the law requires that the Party governs the country on the basis of the Constitution and the laws, and requires that the Party […] governs the Party according to intra-Party regulations.”
4. Nanfang Zhoumo features of problem of “one family, two systems” (yijia liangzhi 一家两制), which refers to the scenario of a couple where one of them works in the government and the other works in a private enterprises, a widespread form of state-business collusion. Source: NFZM

APEC meetings taking place in Beijing

1. The series of meetings will take place from 5 November to 11 November. Chinese Foreign Minister Wang Yi said that the meeting would deepen regional economic integration and also push for a Free Trade Area of the Asia-Pacific (FTAAP) agreement. Expert said that the summit is significant because China is likely to bring up the difficult topic of integrating the Asia-Pacific region. This year President Xi Jinping and Japan’s prime minister Shinzo Abe are likely to meet on the sidelines of the forum in what would be a small but significant breakthrough after a dangerous stand-off of nearly two years. Source: BBC, Financial Times
2. Municipal police have been engaged in “security inspections and preparatory work” for the past eight weeks. SCMP reports on the security drills. Source: SCMP
3. Beijing police also banned Halloween costumes in the city’s subway as it may cause crowds to gather and create “trouble”. Source: Reuters
4. Xinhua reports the development of a new anti-drone laser system that could bolster protection of future events: // According to Yi [Jinsong, a manager with the Academy’s China Jiuyuan Hi-Tech Equipment Corp.], small-scale, unmanned drones are relatively cheap and easy to use, which makes them a likely choice for terrorists. In addition, concerns have been raised over drones engaged in unlicensed mapping activities and the affect this could have on military and civil aerial activities. The new laser system, which will either be installed or transported in vehicles, is expected to play a key role in ensuring security during major events in urban areas, the statement said, adding that a recent test saw the machine successfully shoot down more than 30 drones – a 100 percent success rate. // Source: Xinhua
5. Meanwhile, Beijing authorities have been busy preparing things aside from security, such as pollution control. One ambitious goal is to reduce pollution level by 40% during the month of the meeting. Source: The Straits Times, Wall Street Journal
6. Another tactic is to shut down the city and tell residents to leave town ahead of APEC. // The municipal government announced a week-long break for the Asia Pacific Economic Cooperation forum Nov. 7-12, shutting schools, limiting cars on the roads and encouraging travel agencies to offer discount vacation packages. // Source: Bloomberg

China’s ethnic experiment

1. CNN looks at China’s experiment to integrate Uyghurs in Chinese schools. // Source: CNN

State responses to Occupy Protest

1. Beijing has reportedly punished 47 Hong Kong celebrities who publicly support the protests by blacklisting them from the mainland. This included international movie star Chow Yun-fat, who took the reported ban in stride, saying, “I’ll just make less, then.”

Liberal Party James Tien Pei-chun was expelled from the Chinese People’s Political Consultative Congress (CPPCC) after calling for the resignation of Chief Executive CY Leung, and resigned later as leader of the party

1. The official reason is that James Tien did not honour the oath as a member of the CPPCC. The resolution was supported by a massive majority in Beijing. A HK member from the CPPCC standing committee said 267 members voted to expel Tien. Two voted against and three abstained. Source: NY Times, SCMP
2. Jame Tien said on a TV interview that his expulsion was not just intended to punish him, but also aimed as a strong message from the central government to insist that there is no room for negotiation. 理由就不是純粹因為我說了那件事，因為他說我那件事不符合，就是我叫行政長官考慮辭職，就違反了政協上次大會通過的一個議案，現在『佔中運動』中，中央覺得現在開始定性為『革命』這兩個字，是很高層次的問題，大家也知道共產黨是革命起家的，國家的革命又要關乎廿三條，有沒有分裂國家，有否顛覆政府。現在中央的說法，就不止是有組織，而是幕後有外國勢力的組織，處理這些問題，我覺得是引發點，引致要做些事，從開始因為我說了這句說話，給香港人一個信息，中央對這問題是十分強硬。Source: TVB
3. SCMP reports on Tien’s penchant for offering alternative views during critical times. Source: SCMP

Since the Occupy protests, Hong Kong and Chinese authorities have consistently sought to blame “foreign forces” for instigating the pro-democracy protests Foreign intervention

1. Martin Lee, himself the target of similar state media attacks, denies these allegations. // Lee said he did travel overseas frequently to met with government officials, lawmakers, the media and Chinese communities. But he said that his message has always been defending Hong Kong’s core values and that he never accepts financial support from abroad. // Source: LA Times
2. Mark Simon, the American aide to Jimmy Lai, denies claims that he’s a spy and contests that the U.S. has any interest in meddling in Hong Kong. Source: Reuters
3. NY Times profiles Dan Garrett, a doctoral student at the City University of Hong Kong who has been accused of being a US spy but denied the allegations. Source: NY Times

Taiwan’s President Ma Ying-jeou voiced support for Hong Kong democracy, after his recent declaration of support on Taiwan’s National Day on October 10: // “If mainland China can practice democracy in Hong Kong, or if mainland China itself can become more democratic, then we can shorten the psychological distance between people from the two sides of the Taiwan Strait,” Mr. Ma said in an interview at the presidential palace here. // Source: NY Times

1. But on a separate interview with the Global Post, President Ma defended his pro-Beijing policies, explained why Taiwan should continue increasing ties with the mainland, and reiterated his support for the Hong Kong protest movement: // While admitting that Xi Jinping had “maintained a somewhat high-handed posture” toward Taiwan, Ma said that the island should maintain the current pace of increasing links with the mainland. He expressed cautious hope that increased contact with Taiwan could demonstrate to mainland Chinese the possibility of democracy in an ethnically Chinese context. Asked about the protests in Hong Kong, Ma reiterated his support for the democratic movement, while rejecting parallels between Taiwan and the former British colony, which was returned to Beijing’s control in 1997. //

Columnist Joseph Lian writes on Hong Kong’s Occupy Generation: // These young people have been further alienated in recent years by the intrusion of the mainland’s economic clout, which among other things has driven real estate prices incredibly high. Immigrants from China keep arriving, and young Hong Kongers perceive the government’s preferential treatment of them as depriving locals of educational opportunities, health care and other benefits. They deplore seeing shops that used to serve their daily needs being turned into pricey outlets for well-heeled mainland tourists and bootleggers — “locusts,” as the latter are sometimes called. In fact, the more young Hong Kongers depend on the mainland economy for employment and income, the more they resent Beijing. A generational fissure also runs through the wider democracy movement itself. Leaders of the biggest pro-democracy parties have for some 30 years endorsed a mild form of pushback against Beijing: mixing struggle with dialogue and accepting the mainland’s sovereignty over Hong Kong in exchange for promises of more democracy. In light of Beijing’s recent hard-line rulings regarding the 2017 election, the Occupy Central Generation looks upon the strategy of its elders as completely futile: They gave away much and got nothing in return. Civil disobedience is this generation’s starting point. // Source: NY Times

Joshua Wong also wrote about his generation’s expectations: // The post-90s generation is growing up in a vastly changed city from that of our parents and grandparents. Earlier generations, many of whom came here from mainland China, wanted one thing: a stable life. A secure job was always more important than politics. They worked hard and didn’t ask for much more than some comfort and stability. The people of my generation want more. In a world where ideas and ideals flow freely, we want what everybody else in an advanced society seems to have: a say in our future…. I would like to remind every member of the ruling class in Hong Kong: Today you are depriving us of our future, but the day will come when we decide your future. No matter what happens to the protest movement, we will reclaim the democracy that belongs to us, because time is on our side. // Source: NY Times

Poll finds Hong Kong Federation of Students to be Hong Kong’s most popular political group, but another poll shows many Hong Kongers are hoping to end the occupation

1. // The Federation of Students is the city’s most popular and best-known political group, according to a University of Hong Kong poll carried out amid pro-democracy street protests that the federation has been leading. The poll, conducted from October 20 to 23, found 89.2 per cent of 1,013 people knew of the group and gave it an average support rating of 47.7 points out of 100. The prolonged protests have apparently dragged down the pan-democratic and pro-establishment camps, with every political group except the federation recording drops in popularity in the HKU poll. …But in a poll by Polytechnic University, nearly three-quarters of respondents felt that now was the right time to stop the civil disobedience action. Nearly half wanted the campaign to end because they said it had affected the economy and livelihoods. // Source: SCMP

SCMP writes about how generation gap divided protesters. // A generation gap and different expectations of how the occupation campaign should evolve have pulled student leaders and Occupy Central organisers apart, leaving students unwilling to compromise as the only helmsmen of the civil-disobedience movement. Occupy Central co-founder Dr Chan Kin-man, who returned to his job at the Chinese University last week, said he and fellow organisers considered an incremental and pragmatic approach in the fight for “genuine universal suffrage” acceptable as they were aware of political constraints. “We believe the campaign has achieved our original goal of awakening the young generation. But students want to see real and fundamental changes in our political system, instead of a public education campaign,” he said in an interview with the South China Morning Post. // Source: SCMP

Hong Kong student group says will send delegation to Beijing to seek talks. // The Hong Kong Federation of Students has decided to send representatives to Beijing during the Asia-Pacific Economic Cooperation summit in the hope of conveying its demands for genuine universal suffrage directly to top officials. It plans to seek help from local deputies to the national legislature and the top national advisory body to arrange a meeting in the capital. Federation activist Tommy Cheung Sau-yin said they had yet to decide who would go to Beijing or when they would go. Fellow student leader Nathan Law Kwun-chung said they understood some people objected to the idea, but asked for their support and understanding. // Source: SCMP

Chris Patten continues to comment on Hong Kong democracy

1. // Patten told a parliamentary inquiry into Hong Kong’s political development yesterday that the British government had not done a good enough job in introducing democracy to the city before the handover. But he argued that in the 1990s, the general feeling in Hong Kong was that the city would move steadily towards full democracy and that no one would « feel that the People’s Liberation Army would come with tanks into Hong Kong »…. On Occupy Central, Patten said he hoped the Hong Kong government could be more flexible and try to reach a deal with the protesters. « What is happening in Hong Kong is that there is an extraordinary lack of leadership. [The government] needs to get into serious negotiation with the protesters. » // Source: SCMP
2. A few days before, // Patten has become the latest apparent convert to the « umbrella movement » in support of the pro-democracy protests. Now chancellor of the University of Oxford, the man known affectionately during his time in Hong Kong as « Fei Pang » or « Fatty Patten » because of his love of custard tarts spoke on Friday at the Oxford Union debating society and was offered an umbrella by a participant. « I can finally be photographed holding an umbrella just like President Xi Jinping , » Patten reportedly said, according to a tweet by Oxford China Forum. The forum is a student platform facilitating discussion of China issues. // Source: SCMP