Archive for February, 2010

Saturday, February 13, 2010

One Convention, Two Interpretations

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On your question of foreign diplomats’ request to attend Liu Xiaobo’s trial, the court has handled it according to the relevant regulations and made an explanation. On December 23, the First Intermediate People’s Court of the Beijing Municipality publicly tried the Liu Xiaobo case according to law. What I want to stress is that Liu Xiaobo is a Chinese citizen. The Chinese judiciary handles the case independently according to law. This case is completely China’s internal affair. The so-called “statement” by some officials of certain foreign embassy is a gross interference in China’s domestic judicial affair and a violation of the Vienna Convention on Diplomatic Relations. China expresses its strong dissatisfaction and demands that the country in question respect China’s judicial sovereignty and do not do things that will interfere in China’s internal affairs.

Chinese Foreign Ministry spokeswoman Jiang Yu, on a press conference on December 25, 2009

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“… a matter of increasing controversy is the tension between the duty of a diplomat under Article 41 of the Convention not to interfere in the internal affairs of the receiving State and the opinion of many liberal States that human rights in all countries are a matter of legitimate international concern whose active promotion is a major object of their foreign policy.”

Global Law Books review quoting from Eileen Denza‘s Diplomatic Law, Commentary on the Vienna Convention on Diplomatic Relations

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Document in Question:
Vienna Convention on Diplomatic Relations, 1961

Friday, February 12, 2010

Too Correct to be Turned Back

Feng Zhenghu (冯正虎) was born in 1954, July 1, in Wenzhou, Zhejiang Province. He is reportedly one of the signatories to the Charter 08 (零八宪章). In June 2009, after a stay in Japan for medical treatment, he was refused re-entry into China and lived at Narita International Airport, Chibu, Japan from November until yesterday or today, camping out there in protest. He survived on food and drinks provided by supporters passing through immigration and used a laptop and mobile phone to make his situation public via social networking sites.

Feng’s lawyer, Mo Shaoping, said last year that Feng had filed a lawsuit against the border control authorities in Shanghai’s Pudong airport, according to Radio Free Asia (RFA). “I know people in the past suing the government for not allowing them to go abroad, but never heard of any lawsuit for the right to return. As far as I know, no such case has been filed before”, Mo said. RFA also quotes other dissidents saying that they had been turned back last year.

Feng reportedly made eight attempts to get back into China. It was after his eighth attempt that he decided to stay in the airport’s no man’s land, without legally re-entering Japan.

In an interview on February 1 (published on Febr 2), he told the Voice of Germany (Deutsche Welle) in a telephone interview that the week before, staff from the Chinese embassy in Tokyo had come to see him at the airport three times. As the Chinese government didn’t say that he couldn’t return to China, he guessed from those events that he wouldn’t be barred again.

At the first visit, he was told that the embassy employees came on the behalf of the Chinese government and came to care about his health and his situation. They also told him that they had come to help solving the problems in returning home.

Actually, it’s a long way from the Chinese embassy to the airport. It’s two hourse, one-way, but they came here three times. From what was said in our conversation, I believe that my return won’t be barred this time. So I decided to go back into Japan [from the airport's no-man's-land] to get the formalities done.

Feng arrived back in China today or yesterday.

“I only had one request – to return home, to return to my country, and nothing else,” the BBC quoted him, after his return to his people  in Beijing. “So I must thank the Chinese government for finally being able to see this matter correctly.”

If Zhenghu is the Chinese word for “Correct Tiger”, the correct tiger has returned to his native land just a few days before the new year of the tiger.

Friday, February 12, 2010

Su Chi: Resignation, Far From War

Taiwan’s National Security Council secretary general Su Chi (蘇起) unexpectedly resigned yesterday, citing health and family reasons, according to the Taipei Times. Su had come under criticism for allegedly not taking the public’s opposition against beef imports from the U.S. sufficiently into account, but declined to confirm whether he stepped down to take responsibility for the controversy surrounding US beef imports, writes the Taipei Times. A professor interviewed by Singapore’s Morning News, Tsai Wei (蔡瑋) of the Wenhua University’s Sun Yat-sen & Mainland China Institute (中國文化大學–中山與中國大陸研究所), expressed surprise at the sudden resignation and said suggestions that Su resigned over the beef import issue didn’t appear to be “far off the mark” (不算离谱), but that the issue hadn’t yet reached a level related to the National Security Council’s secretary general, and Su’s resignation and replacement wouldn’t change the general design of the government’s policies.

In a press conference at the Presidential Office, Su Chi said that he had completed his “phase mission” of promoting more cross-strait exchanges while maintaining national dignity, and that “the two sides of the Taiwan Strait are far from war”. He didn’t take questions, according to the Taipei Times.

Hu Wei-jen (胡為真), who was appointed Taiwan’s representative to Germany and then to Singapore by the previous DPP government, has been appointed as Su Chi’s successor. He is the son of late KMT military general general Hu Tsung-nan (胡宗南), and served as deputy secretary general of the National Security Office, also under the presidency of Chen Shui-bian (陳水扁). Hu Wei-jen resigned his post in Singapore in 2007 after falling out with the Chen administration, apparently for the DPP’s anti-Chiang policies.

Thursday, February 11, 2010

“Freedom of Expression an Extremely Important Right”, but “Subject to Certain Lawful Restrictions”

Liu Xiaobo‘s (刘晓波) lawyer, Shang Baojun, told reporters that Mr Liu’s appeal to the High Court had been rejected with no change in his 11-year prison sentence passed on Christmas 2009 by the Beijing Intermediate People’s Court, according to the Washington Post.

The China Global Times quotes a professor who is apparently a lawyer as saying that

[a]lthough freedom of expression was an extremely important right of Chinese citizens, and was protected by China’s Constitution and laws, Gao said citizens could not exercise the right without any kind of restrictions whatsoever,

that

[a]ccording to China’s Constitution, Chinese citizens’ exercise of their freedoms and rights should not infringe upon the interests of the state, of the society, and of the collective or upon the lawful freedoms and rights of other citizens,

and that

China’s Constitution was in line with the United Nation’s International Covenant on Civil and Political Rights, which stated that the exercise of freedom of expression might be subject to certain lawful restrictions necessary for the respect of the rights or reputations of others and the protection of national security or public order.
Most countries in the world, including Germany, Sweden, Italy, and Singapore, had criminal laws aimed to stop people from insulting and slandering others, instigating ethnic hatred and discrimination, and subverting the government, said Gao.

The article offers no details about Liu Xiaobo’s allegedly “illegal statements”.

The U.S. embassy in Beijing issued a statement expressing disappointment by the Chinese government’s decision to uphold Liu Xiaobo’s sentence of 11 years in prison on the charge of “inciting subversion of state power”.

On December 24 last year, China’s foreign ministry spokeswoman Jiang Yu (姜瑜) told a regular press conference one day ahead of Liu Xiaobo’s sentence at first instance that statements by officials of foreign embassies were a gross interference in China’s domestic judicial affair and a violation of the Vienna Convention on Diplomatic Relations.

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Related
Teng Biao: Invalid Use of Testimony, Dec 27, 2009
Liu Xiaobo Short Bio, Dec 25, 2009

Wednesday, February 10, 2010

Rio Tinto Employees Indicted

Rio Tinto employees Stern Hu, Liu Caikui, Ge Minqiang and Wang Yon Wang Yong have been indicted on charges of bribery and violating commercial secrets, the BBC quotes Xinhua.
More »

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Related
Rio Tinto tag »

Wednesday, February 10, 2010

Raffarin: “Won’t go to Beijing”

Jean-Pierre Raffarin, former French prime-minister and somewhere between the statuses of being a political heavyweight and an elder statesman, won’t become his country’s ambassador in Beijing, he told three papers in an interview. President Nicolas Sarkozy had offered him the job, he said, but he had declined.

He preferred to stay in France and to be a voice to serve a decentralized Republic. Raffarin is a Senator for the Département de Vienne.

The current French ambassador to China is Hervé Ladsous, a graduate from l’École Nationale des Langues Orientales Vivantes

Monday, February 8, 2010

Taiwan Needs a Loyal Opposition

I was wondering for a while if I should write this post. Should Taiwanese issues be my issues? They are, as a matter of fact. America is involved in “cross-strait” affairs, and any country allied with America is therefore involved to an uncertain extent. I’m also feeling involved because our governments limit our diplomatic and business exchange with Taiwan out of fear of Chinese business sanctions (or of losing Beijing’s cooperation in the UN Security Council). Besides, many blogs about Taiwan are written by non-Taiwanese: Chinese, Westerners, and others.

a desk full of shelf-warmers?

a desk full of shelf-warmers?

Ten days ago, I had a discussion with a European blogger in Taiwan, on one of his commenting threads. He had criticized Taiwan’s president for claiming that a “diplomatic truce” with China was bearing fruit. No question – the blogger challenged Ma Ying-jeou‘s statement with good reasons.

I admitted that there was indeed little to like when it comes to how the KMT governs Taiwan, especially when it comes to their attitude to the rule of law. My point was that the government shouldn’t be accused of “selling” Taiwan to China. After all, the Ma government had taken substantial steps to reform the armed forces.

The blogger reminded that the DPP never had legislative power (a legislative majority) during Chen Shui-bian‘s presidency, that the KMT had blocked the Chen administration, and that my comment hadn’t addressed the issue of the so-called “diplomatic truce”.

Our discussion went no further. The following is my reply of January 30th, which is still awaiting moderation there*):

First of all, president Ma is a bad salesman of his policies, and they’d be difficult to sell even if he was a great communicator. What many Taiwanese – as far as I can tell – fail to see is how narrow the range of choices for every Taiwanese government is. Understandably, neither Chen Shui-bian nor Ma Ying-jeou were or are keen on clearly stating how successful Beijing has been in limiting their options. Ma needs to convey the impression that he is in full control, and Chen used to act and talk like if he could lead Taiwan into independence – but he always stopped short of real action.
I’d either blame both or neither big party in Taiwan for being fundamentally oppositional when out of government. Besides fundamental opposition (I’d prefer a loyal opposition in any country, including Taiwan), here were some very practical reasons for blocking the deal, too.
One is that buying arms equipment is never as smart as to strengthen your own R&D in that field – and Taiwan has the capability / potential for such R&D.
Another problem with the arms package in question is that it lacked (and still lacks) what Taiwan needs most: diesel-electric submarines. This has been an unresolved issue since the days of Lee Teng-hui, and the problem obviously lies outside Taiwan.
Thirdly, I agree with the KMT that the DPP’s economic policies sucked. They were hardly visible as an issue. But without a strong economy, there will be no strong military.
And let’s face it: Taiwan needs to be able to defend itself, with or without American support. This is no civil-rights issue. Whoever denies the government the will to defend Taiwan will only help to divide Taiwan’s society further. The DPP can’t demand loyal opposition from the KMT, when it is no loyal opposition itself.

A house divided in itself cannot stand. It makes no sense to question the preparedness of either the supporters of the KMT, the DPP, or any major political organization in Taiwan, to defend their country – not without good evidence. The “A” priority for the Taiwanese should be to defend their freedom to determine their own future – not to fight against each other. The argument about future designs must not damage the foundation of liberty itself.

Some basic unity on crucial issues would also be helpful for anyone outside Taiwan who wants to make a case for their liberty. The Taiwanese opposition frequently acts as if having the country’s independence internationally recognized was just a civil-rights issue which could be turned into practise by taking to the streets. There is nothing wrong with demonstrations. But if such demonstrations are meant to vilify fellow Taiwanese, and to refuse loyalty to the incumbent government on  Taiwan’s most central issue – the threat from China -, any case for Taiwan loses its persuasive power.

President Ma, his government, and the KMT, also need to do better. They need to safeguard the rule of law. And they should stop trying to make the electorate believe that their policies woud lead Taiwan to another victory in the new wave of global competition as a small country. Who is supposed to believe in such ornamental language? If they can help Taiwan to survive and to ward Beijing’s unrequited love off, that would still be more than what the Chen administration – a government blessed with similar beautiful vocabulary as the incumbents – achieved in its eight years.

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Remark
*) I’m not mentioning my interlocutor’s name here because the loss of my comment on his blog may just be a coincidence, and this post isn’t meant to be a tit-for-tat response – it’s up to every blogger to decide which comments should appear, and which shouldn’t. I’m only wondering if the massive anger about Taiwan’s government may in part be a refusal to face Taiwan’s situation as it is.

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Related
BJRB: In the Face of National Interests, there is no Space for Illusions, Febr 6, 2010

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Sunday, February 7, 2010

Hermit: Happy New Agreement Year

Hermit: Hello Children

Hermit the Taoist Dragonfly explains the Happy New Agreements.

Hello Children,

as you certainly know, a happy new year is upon us, the Year of the Mouse Rat Tiger. It is also known as the year of the Four Mousetraps Four Agreements, because we are going make our Taiwanese compatriots agree to at least four more extortions agreements. These agreements will lead to a more smooth return of that unredeemed province to our motherland at an earlier date.

The agreement on tax matters hasn’t yet been signed, because of people who are enemies of the Chinese people and their peaceful reunification! But they will be thwarted, and the reunification of our motherland under the wise leadership will come soon, maybe even in this new year!

special offer

special offer 4 mouse

While you are patiently waiting, here is a patriotic singalong for you to sing, to welcome the happy new year of the mouse rat tiger:

1. Four agreements are hanging on the wall
2. four fine mousetraps are waiting for your call
3. if you should fail to join our happy cause
4. we will kill you with our harmonious force.

Got to fly now. Don’t forget to do your utmost for harmony, peace, and unity in the new year.

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