Archive for ‘rule of law’

Wednesday, July 8, 2020

Australian Embassy to Australia: Melbourne’s Travel Warnings are “Fake News”

Main Link: Australia updates China Travel Warning, China Embassy Spokesperson reacts

China News Service July 8 — China’s embassy to Australia posted an embassy’s spokesperson’s declaration on its website on July 8, stating that Australia’s travel warning update which had said there could be so-called detention hazards in China was ridiculous and complete fake news.

中新网7月8日电 中国驻澳大利亚大使馆网站8日发布驻澳使馆发言人表态称,澳方日前更新关于中国的旅行提醒,其中声称中国可能存在所谓拘留风险的说法,是可笑的,完全是虚假信息。

A spokesperson for China’s embassy to Australia said that foreigners in China, including Australians, only needed to observe the official code of conduct and would then have no need to be worried. Of course, anyone engaging in any sorts of illegal activities such as trafficking drugs, espionage etc. would be dealt with in accordance with the law, just as in other countries.

中国驻澳使馆发言人表示,在华外国人,包括澳大利亚人,只要遵纪守法,就完全没有必要担心。当然,从事诸如贩卖毒品、间谍等违法活动的,都会像在其他国家一样,依法受到处理。

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Related

Embassy’s original statement, July 8, 2020

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Monday, June 22, 2020

FMPRC Press Conference, June 19, Canadian Hostages Q & A

Transcript in English

Transcript in Chinese

The Globe and Mail: We’ve seen charges now filed formally against Michael Kovrig and Michael Spavor. They were arrested 557 days ago. We have seen charges, but we haven’t seen any evidence against them. Can you please tell us what they are alleged to have done? What secrets did they allegedly steal? What secrets did they allegedly and illegally provide to overseas entities?

加拿大《环球邮报》记者:我们注意到康明凯和迈克尔已被提起公诉。他们已被拘押了557天,但我们只看到了指控,并未看到具体证据。他们被指控为境外刺探、非法提供国家秘密,请问他们具体做了什么,刺探并向境外实体提供了哪些国家秘密?

Zhao Lijian: On Michael Kovrig’s case, after due investigation, the Beijing Municipality People’s Procuratorate Second Branch formally prosecuted Michael Kovrig, who is of Canadian citizenship, in the Beijing Municipality Second Intermediate People’s Court on June 19, 2020, for secretly gathering state secrets and intelligence for overseas forces.

赵立坚:关于康明凯案,经依法审查,2020年6月19日,北京市人民检察院第二分院以为境外刺探国家秘密、情报罪,将加拿大籍被告人康明凯起诉至北京市第二中级人民法院。

The indictment charged the accused Michael Kovrig of secretly gathering state secrets and intelligence for overseas organizations with particularly serious circumstances, which violated Article 111 of the Criminal Law of the People’s Republic of China. The facts are clear and evidence solid and sufficient. The defendant should be held accountable for criminal responsibilities under the above-mentioned charge.

起诉书指控被告人康明凯为境外组织刺探我国家秘密、情报,情节特别严重,其行为触犯了《中华人民共和国刑法》第一百一十一条之规定,犯罪事实清楚,证据确实、充分,应当以为境外刺探国家秘密、情报罪追究其刑事责任。

On Michael Spavor’s case, after due investigation, the People’s Procuratorate in Dandong, Liaoning Province, formally prosecuted Michael Spavor, who is of Canadian citizenship, in the Intermediate People’s Court in Dandong on June 19, 2020, for secretly gathering state secrets and illegally providing them to overseas forces.

关于迈克尔案,经依法审查,6月19日,辽宁省丹东市人民检察院以为境外刺探、非法提供国家秘密罪,将加拿大籍被告人迈克尔·斯帕弗起诉至丹东市中级人民法院。

The indictment charged the accused Michael Spavor of secretly gathering state secrets and illegally providing them to overseas forces during his stay in China with particularly serious circumstances, which violated Article 111 of the Criminal Law of the People’s Republic of China. The facts are clear and evidence solid and sufficient. The defendant should be held accountable for criminal responsibilities under the above-mentioned charge.

起诉书指控被告人迈克尔·斯帕弗在华期间为境外刺探、非法提供我国家秘密,情节特别严重,其行为触犯了《中华人民共和国刑法》第一百一十一条之规定,犯罪事实清楚,证据确实、充分,应当以为境外刺探、非法提供国家秘密罪追究其刑事责任。

[…]

Reuters: I just want to follow up on the question about the Canadians. We understand from the Chinese envoy in Canada last month that access to consular visits has been cut off during the coronavirus. Now these men have been formally charged. Do they have access to consular visits?

路透社记者:关于加拿大公民的追问,上个月,我们从中国驻加拿大大使处得知,新冠肺炎疫情期间无法进行领事探视。现在这两人已被正式起诉,现在他们能否享有接受领事探视的权利?

Zhao Lijian: The Chinese side provides convenience to foreign consular officials in China in accordance with the Vienna Convention on Consular Relations, relevant bilateral agreements, and Chinese laws and regulations. In light of the ongoing pandemic and out of concern for the safety of the detainees, consular visits to detainees have been suspended, and will be resumed when the situation gets better. I refer you to competent authorities for more specifics.

赵立坚:中方有关部门一贯按照《维也纳领事关系公约》、有关中外双边领事条约或协定、中国有关法律法规为外国驻华领事官员履行领事职务提供便利。疫情期间,为保证在押人员安全,中国有关部门暂缓安排对有关在押人员的领事探视,待疫情缓和后再恢复。具体情况可向主管部门了解。

[…]

The Globe and Mail: I just want to ask you to clarify something about the charges against Michael Kovrig and Michael Spavor. You used the word that the charges were under “particularly serious circumstances.” In China’s Criminal Law, says in one section on state secrets that such charges can be punished with life in prison. In another section it says such serious circumstances can be punished with the death penalty. Could Michael Kovrig and Michael Spavor be sentenced to death for these charges?

加拿大《环球邮报》记者:关于迈克尔、康明凯案,你刚才使用了“情节特别严重”的措辞。根据《中华人民共和国刑法》关于国家秘密等章节,此类罪名可判处无期徒刑。另一章节称情节严重者可判处死刑。那么,这两名加拿大公民是否有可能被判死刑?

Zhao Lijian: I don’t answer hypothetical questions. Charges have been filed now which will then be followed by trials.

赵立坚:我不回答假设性问题。目前是提起公诉,后面才进入审判阶段。

The Globe and Mail: Just to clarify. My question was not a hypothetical question. You used very specific language that the charges are particularly serious, and China’s Criminal Law includes two references to charges that are particularly serious. In one instance, it refers to a maximum penalty of life in prison, and in another instance, it refers to a maximum penalty of the death penalty. And I’m asking to which you are referring.

加拿大《环球邮报》记者:[Just to clarify.] 我刚才的问题不是假设性问题。你用了很具体的措辞,说“情节特别严重”。《中华人民共和国刑法》中有两处提到该措辞,一处最高可判无期徒刑,另一处最高可判死刑。我问的是你指的是哪种情况?

Zhao Lijian: I have made myself clear. Charges have been filed now which will then be followed by trials. I suggest some patience.

赵立坚:我刚才已经说得很清楚了,目前的阶段是对这两名加拿大公民提起公诉,然后才进入审判阶段。请你耐心等待。

Reuters: Just one further question on the Canadians. This comes quite soon after developments in Meng Wanzhou’s case and a lot of people have said that they are linked. Does the ministry have any comment on that and how this decision was coming very close to the recent decision to Meng Wanzhou’s case?

路透社记者:还是关于加拿大公民被提起公诉,中方提起公诉的时间正值孟晚舟相关审理结束不久之后。很多人认为二者之间存在联系。中方对此有何评论?

Zhao Lijian: On the cases regarding the two Canadian citizens Michael Kovrig and Michael Spavor, China has stated its position repeatedly and I just gave you some updates. China is a country with rule of law. Chinese judicial organs handle the cases independently and protect the two Canadians’ lawful rights in accordance with law.

赵立坚:关于加拿大公民康明凯案和迈克尔案,中方已多次表明立场,刚才我也通报了最新进展。中国是法治国家,中国司法机关依法独立办案,同时依法保障有关加公民合法权利。

China’s position on the Meng Wanzhou case is consistent and clear. The US and Canada abused their bilateral extradition treaty and arbitrarily took compulsory measures against a Chinese citizen. This is a serious political incident that grossly violates the legitimate rights and interests of the Chinese citizen. The Chinese government is steadfast in safeguarding the legitimate rights and interests of Chinese citizens.

关于孟晚舟事件,中方的立场是一贯的、明确的。美加滥用双边引渡条约,对中国公民任意采取强制措施,严重侵犯了中国公民的合法权益。这是一起严重的政治事件。中国政府维护本国公民和企业正当合法权益的决心坚定不移。

The Globe and Mail: Just one last question. I just wonder what is the Chinese government’s position on hostage diplomacy?

加拿大《环球邮报》记者:最后问一句,中方在“人质外交”上的立场是什么?

Zhao Lijian: That is just one loaded question*). I have made our position clear. Maybe you can ask the Canadian side about their take on “hostage diplomacy”

赵立坚:你这是一个充满恶意的问题。我刚才已经把中方立场说得很清楚了。你最好去问问加拿大政府什么是“人质外交”。

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Note

*) Closer translation: “This is an amply malicious question of yours”

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Related

“China Daily” EU bureau chief,
seconding Zhao Lijian

Sunday, May 10, 2020

East Turkestan: Deep Awareness of the Party Central Committee’s correct Judgment

The following is a comparatively short article from the “Xinjiang United Front” website, a republication of a Tianshan Net article – see “main link” underneath the following screenshots). It does, however, contain a number of slogans.

Links within blockquotes – including some links to explain said slogans – were added during translation.

Please note that if there haven’t been two meetings of the regional party committee’s expanded standing committee (or two consecutive days of one), there seems to be some confusion about the day it was held.

May 6 according to XNTV

… and May 7 according to the press

Anyway, here goes.

Main link: Meeting held by Autonomous Region Party Committee (expanded) Standing Committee

Meeting held by Autonomous Region Party Committee (expanded) Standing Committee

Autonomous Region Party Committee (expanded) Standing Committee conveys the learning of the spirit of Secretary General Xi Jinping’s important speech held at the Central Politburo Standing Committee’s meeting

自治区党委常委(扩大)会议传达学习习近平总书记在中共中央政治局常委会会议上的重要讲话精神

Perfecting and normalizing institutions of prevention and institutions

完善常态化防控体制机制

Continuously improving public health management capabliities

不断提升公共卫生治理能力

Chen Quanguo presides over meeting

陈全国主持会议

Tianshan Net News (All media reporters Yao Tong and Wang Xingrui) — In the afternoon of May 5, the Autonomous Region Party Committee held a Standing Committee’s (expanded) meeting, conveyed the learning of the spirit of Secretary General Xi Jinping’s important speech held at the Central Politburo Standing Committee’s meeting, studied our Region’s suggestions for thorough implementation. The Autonomous Region’s party secretary Chen Quanguo presided over the meeting.

天山网讯(全媒体记者姚彤 王兴瑞报道)5月7日下午,自治区党委召开常委(扩大)会议,传达学习习近平总书记在中共中央政治局常务委员会会议上的重要讲话精神,研究我区贯彻落实意见。自治区党委书记陈全国主持会议。

The meeting pointed out that all the Region’s departments had to learn and implement the spirit of Secretary General Xi Jinping conscientiously, strengthen the “four consciousnesses”, resolutely hold on to the “four confidences”, achieve the “two protections”, redouble the esteem for the major strategic achievements in the fight of preventing, controlling and stopping the epidemic under the forceful leadership of the party central committee with Xi Jinping at the core, develop a deep awareness of the party central committee’s correct judgment of the current epidemic prevention and control situation, conscientiously come up to the central committee’s strategic decision-making and deployment with unity in thought and action, resolutely overcome negligent trains of thought, war-weariness, wishful thinking and negligent attitudes, to put the masses’ life, safety and good health first all along, unvaveringly adhere to preventing the virus from re-entering the country and epidemics flaring up again, move forward to perfecting normalization of prevention and control institutions, adjust implementation of prevention and control measures accurately, sustain improvement of bordercrossing prevention and control capabilities, strengthen prevention and control work in key locations and focal groups of population, guide the masses of all ethnicities to protect themselves well, and resolutely consolidate the hard-won epidemic prevention and control achievements.

会议指出,全区各地各部门要认真学习贯彻习近平总书记重要讲话精神,增强“四个意识”、坚定“四个自信”、做到“两个维护”,倍加珍惜在以习近平同志为核心的党中央坚强领导下疫情防控阻击战取得的重大战略成果,深刻认识党中央对当前疫情防控形势的准确判断,切实把思想和行动统一到以习近平同志为核心的党中央决策部署上来,坚决克服麻痹思想、厌战情绪、侥幸心理、松劲心态,始终把维护人民群众生命安全和身体健康放在第一位,牢牢坚持外防输入、内防反弹不动摇,进一步完善常态化防控体制机制,细化落实精准防控措施,持续提升边境口岸防控能力,
强化重点场所、重点人群防控工作,引导各族群众做好必要的自我防护,坚决巩固来之不易的疫情防控成果。

The meeting emphasized the need to focus on repairing the weakest links, stopping leaks, strengthening weak points, strengthening and perfecting major epidemic prevention and control  institutions and emergency response management systems as well as deepening reform of medical care and health institutions, epidemic prevention and control systems, lawful public health guarantees, and prevention, control, rescue and medical treatment, and conscientiously improve abilities to respond to sudden flare-ups of major public health incidents.

会议强调,要聚焦补短板、堵漏洞、强弱项,加快完善重大疫情防控体制机制和公共卫生应急管理体系,深化医药卫生体制、疾病预防控制体系、公共卫生法治保障、重大疫情防控救治等重点领域改革,切实提高应对突发重大公共卫生事件的能力水平。

The meeting pointed out that it was necessary to effectively develop the Patriotic Health Movement, to keep putting prevention first, to combine prevention and treatment, to innovate ways and methods, to increase propaganda and guidance, to perfect the infrastructure, promote normalization of city and countryside environmental integrated regulation and institutionalization, to strengthen, setting out from the different fields of human habitat and environment improvement, eating habits and social and mental health, continuously strengthen all ethnic masses’ health awareness, cultivate good hygiene habits, to continue cultivating civilizational health, and a green and environmentally protective way of life.

会议指出,要扎实开展爱国卫生运动,坚持预防为主、防治结合,创新方式方法,加大宣传引导,完善基础设施,推进城乡环境综合整治常态化、机制化,从人居环境改善、饮食习惯、社会心理健康等多方面入手,不断增强各族群众的健康意识,养成良好卫生习惯,持续培育文明健康、绿色环保的生活方式。

The meeting emphasized that it was necessary to maintain overall planning of epidemic prevention and control as well as economic and social development, to stick closely to the task to build a moderately prosperous society, maintain the keynote of making progress within stability under the precondition of epidemic prevention and control normalization, do solid and good work at the “six stabilities”, to comprehensively implement the task of the “six guarantees”, to further comprehensively plan economic and social development, escaping poverty, maintaining stability and the other items of work, to resolutely protect the generally stable situation of economic and social development, to ensure the completion of the decisive battle and the determination of victory in escaping poverty and in assaulting fortified positions, and to comprehensively building a moderately prosperous society.

会议强调,要坚持统筹推进疫情防控和经济社会发展,紧扣全面建成小康社会目标任务,在疫情防控常态化前提下,坚持稳中求进工作总基调,扎实做好“六稳”工作,全面落实“六保”任务,进一步统筹做好经济社会发展、脱贫攻坚、维护稳定等各项工作,坚决维护经济发展和社会稳定大局,确保完成决战决胜脱贫攻坚目标任务,全面建成小康社会。

Shohrat Zakir, Shewket Imin, Wang Junzheng, Li Pengxin, Xu Hairong, Erkin Tunyaz, Tian Wen, Sha’erheti Ahan*), Yang Xin and others attended the meeting.

雪克来提 · 扎克尔、肖开提 · 依明、王君正、李鹏新、徐海荣、艾尔肯 · 吐尼亚孜、田文、沙尔合提 · 阿汗、杨鑫等出席会议。

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Note

*) Apparently no Kazakh name available. Sha’erheti Ahan is Kazakh, a member of East Turkestan’s party committee, head of the “autonomous” region’s labor union, and (that’s the way I read it) the union’s acting party secretary.
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Related

Xi chairs symposium with dangwais, CCTV, May 9
党外人士座谈会, 三点希望, People’s Daily, May 8

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Monday, March 9, 2020

A Violator of the Central Committee’s Eight-Point Frugality Code

The following is a translation of a “People’s Daily” notice, published on Friday, concerning the results of an investigation of Dai Zigeng, a journalist and party cadre. The South China Morning Post had reported on the opening of the investigation last year.

Just look at the decadent width of that easy chair.
(Photo source: Tweet by “People’s Daily”)

It is hard to tell how factual – and if factual, how unusual – the offenses Dai is accused of actually are. Certainly, his cultural role (not least in founding Beijing News / 新京报) seems to suggest that he was a comparatively liberal offical.

Main link:
Dai Zigeng, Beijing Cultural Investment Development Group Co. Ltd.’s former general manager, removed from party and public office (北京文投集团原总经理戴自更被开除党籍和公职)

People’s Daily online, Beijing, March 6 — According to the Beijing CPC Commission for Discipline Inspection, and following Beijing Municipal Committee’s approval, Beijing Commission for Discipline Inspection has started an investigation against former Beijing Cultural Investment Development Group Ltd‘s former deputy party secretary, deputy board of director, and general manager Dai Zigeng, for issues of seriously violating discipline.

人民网北京3月6日电 据北京市纪委监委消息,日前,经北京市委批准,北京市纪委监委对北京市文化投资发展集团有限责任公司原党委副书记、副董事长、总经理戴自更严重违纪违法问题进行了立案审查调查。

Upon investigation, Dai Zigeng violated political discipline and practices, resisted organizational examination, violated the Central Committee’s eight-point frugality code‘s spirit, obtained, held and actually used golf club membership cards, organized and participated in banquets paid for with public funds, highly consumptive pasttime activities, held meetings exceeding the standards, didn’t report personal matters in accordance with the facts, left and entered the country without permission, owned shares of non-listed companies, obtained huge profits, violated national and collective interests by allocating and buying dwellings, violated rules against holding concurrent posts, accepting options, not fulfilling his duties in party propaganda work properly, creating a bad influence, sought after vulgar delights, had improper sexual relationships with others, forged identity documents, made use of authority to obtain benefits in other peoples’ interests, accepting other peoples’ belongings of immense value.

经查,戴自更违反政治纪律和政治规矩,对抗组织审查;违反中央八项规定精神,违规取得、持有、实际使用高尔夫俱乐部会员卡,违规组织、参加用公款支付的宴请、高消费娱乐活动,超标准举办会议;不如实报告个人有关事项,未经批准出入国(边)境;拥有非上市公司股份,获取巨额收益,在分配、购买住房中侵犯国家、集体利益,违规兼职取酬,收受他人给予的期权;在党的宣传工作中,不正确履行职责,造成不良影响;追求低级趣味,造成不良影响,与他人发生不正当性关系;伪造身份证件;利用职权便利为他人谋取利益,收受他人财物,数额特别巨大。

As a leading party cadre, Dai Zigeng seriously violated political discipline, the spirit of the Central Committee’s eight-point frugality code, organizational discipline, honesty discipline, work discipline, life discipline, constituting offenses on duty and suspected bribery. Moreover, he wouldn’t moderate himself after the CPC’s 18th national conference, and irreverently and unrestrainedly ignore his irregular and vile behavior, its serious circumstances, the damage to the party’s course and image, all of which must be seriously handled.  In accordance with the “Regulation of the Communist Party of China on Disciplinary Actions”, the “Supervision Law of the People’s Republic of China”, and other relevant rules. After the Municipal Committee’s study meeting and approval, it was decided to punish Dai Zigeng by expulsion from the party, that the Beijing Commission for Discipline Inspection should sanction him by removal from public office, by seizing his illegal incomes, that his suspected  crime issues shall be transferred to the inspection organs for for investigation and prosecution in accordance with the law, and belongings be transferred in the course of the case.

戴自更身为党员领导干部,严重违反党的政治纪律、中央八项规定精神、组织纪律、廉洁纪律、工作纪律、生活纪律,构成职务违法并涉嫌受贿犯罪,且在党的十八大后不收敛、不收手,在党的十九大后不知敬畏、不知止,其违纪违法行为性质恶劣、情节严重,给党的事业和形象造成严重损害,应予严肃处理。依据《中国共产党纪律处分条例》、《中华人民共和国监察法》等相关规定,经市纪委常委会会议研究并报市委批准,决定给予戴自更开除党籍处分;由市监委给予其开除公职处分;收缴其违纪违法所得;将其涉嫌犯罪问题移送检察机关依法审查起诉,所涉财物随案移送。

Dai Zigeng’s CV

戴自更简历

Dai Zigeng, male, Han nationality, born in September 1963 in Zhejiang Province, Ninghai, CPC party membership in June, 1986, joined part work in August 1988.

戴自更,男,汉族,1963年9月出生,浙江宁海人,1986年6月加入中国共产党,1988年8月参加工作。

1988.08 – 2002.12 Successively holding posts as Guangming Daily chief editor’s office editor, Xinjiang Uyghur Autonomous Region correspondent, journalism department editor, Guangdong correspoondent, deputy office director and director

1988.08-2002.12 历任光明日报社总编室编辑,新疆维吾尔自治区记者站记者,记者部编辑,广东记者站记者、副站长、站长

2002.12 – 2003.11 directly subordinated to Guangming Daily Group work departmental director (deputy office rank)

2002.12-2003.11 光明日报社直属报刊社工作部主任(副局级)

2003.11 – 2006.01 Guangming Daily Group work departmental director and Beijing News Group director

2003.11-2006.01 光明日报社直属报刊社工作部主任、新京报社社长

2006.01 – 2006.07 Guangming Daily Group work department director, Beijing News Group director and chief editor

2006.01-2006.07 光明日报社直属报刊社工作部主任、新京报社社长、总编辑

2006.07 – 2012.05 Beijing News Group director and chief editor

2006.07-2012.05 新京报社社长、总编辑

2012.05 – 2017.08 Beijing News Group director (administrative bureau level)

2012.05-2017.08 新京报社社长(正局级)

2017.08 – … Beijing Cultural Investment Development Group Co. Ltd. deputy party secretary, deputy chairman of board of directors, general manager, member of 13th Municipal Consultative Conference

2017.08- 北京文化投资发展集团有限责任公司党委副书记、副董事长、总经理;十三届市政协委员

Saturday, March 7, 2020

Taiwan’s Anti-Infiltration Act (反滲透法): an Attempt to Translate

A word of warning: this is a try to get an understanding of Taiwan’s anti-infiltration law – it seems that there is no English translation of it online yet. However, I am no lawyer, my language skills are far from perfect, and this attempt to translate the Chinese-language original is nothing the reader should rely on.

The same is true for links within blockquotes – they may or may not be accurate either.

Your input will be most welcome. Here goes —

Published on 109-01-151)

公(發)布日期:109-01-15

Content:

Presidential Decree Hua-Tzung 1-Yi No. 10900004161
中華民國一百零九年一月十五日總統華總一義字第 10900004161 號令

Enacted and promulgated full text of twelve articles, to be in effect from day of promulgation.
制定公布全文 12 條;並自公布日施行

Article 1
第 1 條
To guard against infiltration and meddling by enemy forces from outside our borders, to ensure national security and social stability, to protect the Republic of China’s sovereignty and its free democratic constitutional order, this law is specifically formulated.
為防範境外敵對勢力之滲透干預,確保國家安全及社會安定,維護中華民國主權及自由民主憲政秩序,特制定本法。

Article 2
第 2 條
Definition of this law’s wording:
本法用詞定義如下:
1, Enemy forces from outside our borders: refers to countries, political entities or groups at war or in military confrontation with our country.
一、境外敵對勢力:指與我國交戰或武力對峙之國家、政治實體或團體。
This also applies to countries, political entities or groups which advocate the use of non-peaceful means to harm our country’s sovereignty.
主張採取非和平手段危害我國主權之國家、政治實體或團體,亦同。
2, Sources of infiltration:
二、滲透來源:
(1) Enemy forces governments outside our borders and their affiliated organizations, institutions or dispatched persons.
(一)境外敵對勢力之政府及所屬組織、機構或其派遣之人。
(2) Enemy forces political parties or other organizations, groups or dispatched persons making demands for political goals.
(二)境外敵對勢力之政黨或其他訴求政治目的之組織、團體或其派遣之人。
(3) All organizations, institutions and groups which are established or essentially controlled by the organizations, institutions and groups [mentioned] in the two previous items.
(三)前二目各組織、機構、團體所設立或實質控制之各類組織、機構、團體或其派遣之人。

Article 3
第 3 條
No one must receive instructions, be entrusted or receive financial support, be donated to, or have funds provided for referendum-related activities2), from or by infiltration sources.
任何人不得受滲透來源之指示、委託或資助,捐贈政治獻金,或捐贈經費供從事公民投票案之相關活動。
Offenders against these rules will be sentenced to prison terms up to five years and up to 10 million NT$.
違反前項規定者,處五年以下有期徒刑,得併科新臺幣一千萬元以下罰金。

Article 4
第 4 條
No one must receive instructions, be entrusted or receive financial support from or by infiltration sources, for activities covered by article 43 of the Presidential and Vice Presidential Election and Recall Act, or article 45 of the Civil Servants Election And Recall Act.
任何人不得受滲透來源之指示、委託或資助,為總統副總統選舉罷免法第四十三條或公職人員選舉罷免法第四十五條各款行為。
Offenders against the aforementioned rules will be sentenced to prison terms up to five years and up to 10 million NT$.
違反前項規定者,處五年以下有期徒刑,得併科新臺幣一千萬元以下罰金。

Article 5
第 5 條
No one must receive instructions, be entrusted or receive financial support from or by infiltration forces to carry out activities as under article two of the Lobbying Act.
任何人不得受滲透來源之指示、委託或資助,進行遊說法第二條所定之遊說行為。
Offenders against the aforementioned rules will be sentenced to fines of more than 500,000, and up to five million NT$.
違反前項規定者,處新臺幣五十萬元以上五百萬元以下罰鍰。
Offenders against the first rule3), lobbying on issues concerning defense, diplomacy and mainland affairs and national security or state secrets, will be sentenced to up to three years in prison and a NT$ 5 million fine.
違反第一項規定,就國防、外交及大陸事務涉及國家安全或國家機密進行遊說者,處三年以下有期徒刑,得併科新臺幣五百萬元以下罰金。
Fines concerning the second rule are in correspondence with article 19 of the Lobbying Act.
第二項所定之罰鍰,由遊說法第二十九條規定之機關處罰之。

Article 6
第 6 條
Any person receiving instructions, being entrusted or receiving financial support from or by infiltration sources to contravene Criminal Code article 149 to 153, or the Assembly and Parade Act’s articles 31 shall have his sentence increased by one half.
任何人受滲透來源之指示、委託或資助,而犯刑法第一百四十九條至第一百五十三條或集會遊行法第三十一條之罪者,加重其刑至二分之一。

Article 7
第 7 條
Offenders who receive instructions, being entrusted or receiving financial support from or by infiltration forces and contravene Presidential and Vice Presidential Election and Recall Act Chapter 5 or Civil Servants Election And Recall Act Chapter 5, shall have their sentences increased by one half.
受滲透來源之指示、委託或資助,而犯總統副總統選舉罷免法第五章、公職人員選舉罷免法第五章或公民投票法第五章之罪者,加重其刑至二分之一。

Article 8
第 8 條
Legal persons, groups or other institutions in contravention of articles 3 to 7, will have the persons in charge be punished, and these legal persons, groups or institutions will be fined with amounts as stipulated by the respective articles.
法人、團體或其他機構違反第三條至第七條規定者,處罰其行為負責人;對該法人、團體或其他機構,並科以各條所定之罰金或處以罰鍰。

Article 9
第 9 條
Infiltration sources handling activities as of articles 3 to 7 or which instruct, entrust or financially support others to contravene articles 3 to 7 will be cut off based on the respective articles.
滲透來源從事第三條至第七條之行為,或指示、委託或資助他人從事違反第三條至第七條之行為,依各該條規定處斷之。
This also applies to any person receiving infiltration sources’ instructions, who are entrusted or financially aided by them, or who pass such instructions, missions or financial aids on to others.
任何人受滲透來源指示、委託或資助而再轉指示、委託或資助者,亦同。

Article 10
第 10 條
Offenders who turn themselves in or who confess during investigations or court hearings, shall have their punishment reduced. Those who turn themselves in and prevent major damage to national security or interests shall be exempted from punishment.
犯本法之罪自首或於偵查或審判中自白者,得減輕或免除其刑;自首並因而防止國家安全或利益受到重大危害情事者,免除其刑。

Article 11
第 11 條
All levels of government organs with cases contravening articles 3 to 9 should actively transfer their cases to, or inform, the prosecutors office, or police and justice administration, for investigation.
各級政府機關知有違反第三條至第九條之情事者,應主動移送或函送檢察機關或司法警察機關偵辦。

Article 12
第 12 條
This law comes into effect on the day of its promulgation.
本法自公布日施行。

____________

Notes

1) Year 109, i. e. 1911 (the year of the Wuchang Uprising): 1911 + 109 = 2020.
2) I’m not sure if this is about referendums, or about other votes, too.
3) Apparently the two rules following each other within the Lobbying Act, Article 2.
____________

Related

Anti-infiltration Act, Wiki, last edit March 3

____________

Thursday, February 20, 2020

Chinese Academic on WSJ Reporters’ Expulsion: Butts have to be spanked

The following is a translation of an opinion article by Yang Hanyi, a regular columnist with the internet newsmagazine Guanchazhe Online (aka “Observer”), and researcher at the Shanghai Spring and Autumn Development Strategy Institute.

Guanchazhe is privately-run, according to this Wiki, and seems to be replacing “Huanqiu Shibao” as a voice for post-1990 fenqings, plus indignant little emperors of all ages.

Yang’s article goes far beyond the WSJ “incident” – and this probably reflects the political motivation behind revoking the three press credentials. It appears to reflect Beijing’s frustration with American sanction policies, the murder of Qasem Soleimani, and the demonstrations in Hong Kong (blamed on the West), among others. It also tries to sketch a roadmap of how to deal with the press in future.

However, Guanchazhe notes that the article’s content is only the opinion of the author, and not written on behalf of the platform.

Links within blockquotes added during translation.

On February 19, a spokesman of China’s foreign ministry announced at a press conference that from that day onwards, the credentials of three Beijing reporters of America’s “Wall Street Journal” would be revoked. In peoples’ memory, this is the first time in the decades of reform and opening up that the government has handed down an “edict of expulsion” against several reporters of the same medium at the same time.

2月19日,中国外交部发言人在记者会上宣布,即日起吊销美国《华尔街日报》三名驻京记者证件。在人们的记忆中,这是改革开放几十年来中国政府首次对来自同一家国际媒体的多名记者同时下“逐客令”。

I’d just like to say: “well done”.

对此我只想说“干得漂亮”。

As is well known, this incident started with the “WSJ”‘s publication of a flow of racism and prejudice, “China is the real sick man in Asia”, slandering the Chinese government’s and peoples’ great efforts to resist the new coronavirus epidemic. Once this was published, many netizens rushed forth the the “WSJ”‘s social media accounts and denounced the racism. America’s nationwide broadcaster NBC, in a report, also criticized the “WSJ”‘s headline as it could create fear, anxieties, and a hostile mood. Foreign ministry spokesperson Hua Chunying, on February 6, named the author and criticized his arrogance, prejudice and ignorance. But facing the stern message of the Chinese side, [the WSJ] then turned to summoning the pretense of freedom of the press and of speech. For a while, the author said that the choice of the headline was freedom of editing, for a while they said that they had meant to refer to the Ottoman Empire without malign intentions, and even that [The remaining accusations are beyond my translation skills, but this article may reflect all or some of them]. Do they really believe that people don’t know those things behind western media?

众所周知,这起事件的起因是《华尔街日报》2月3日发表了一篇流淌着种族主义偏见的文章《中国是真正的“亚洲病夫”》,诋毁中国政府和人们抗击新冠疫情的努力。此文一发,大批网民涌至作者和《华尔街日报》社交媒体页面上留言指责种族主义。美国全美广播公司在报道中也批评《华尔街日报》的标题可能制造恐惧、焦虑和敌对情绪。中国外交部发言人华春莹更是于2月6日点名批评该文作者的傲慢、偏见和无知。但面对中方的严正交涉,他们又搬出新闻自由、言论自由的幌子,一会儿作者说起标题是编辑的自由,一会儿说我们没有恶意只是玩了个奥斯曼帝国的梗,一会儿说我们甚至以病夫自黑呢。如今中国采取惩罚措施,《华尔街日报》发行人威廉•刘易斯又甩的一手好锅,说评论部门惹的祸,不好怪到新闻记者头上来哟,真以为人们不知道西方媒体背后那些事呢?

In recent years, everyone has clearly seen America’s so-called great-power competition, not only in correct and fitting words in national defense strategy papers, not only by openly kidnapping the international community with domestic laws*), not only by telling the world with an honest face that we “tell lies, cheat and steal”, not only trampling on international conventions for the protection of diplomats by public assassination, but also by carrying a gun and a stick on a somewhat concealed battlefield which is the battle of public opinion.

近年来大家都看清了美国所谓的大国竞争,不仅名正言顺地写在国防战略报告里;不仅堂而皇之用国内法绑架国际社会;不仅正大光明地告诉世界“我们撒谎、欺骗、偷窃”;不仅践踏保护外交人员的国际公约公然行刺,也包括在另一片略微隐蔽的战场上夹枪带棒,这就是舆论话语的战斗。

Yang’s article describes news media as rather low-cost “mouthpieces of national interests” with a frequently high impact on international public opinion and politics, while America hardly found a way to compete with Huawei. And while an old-style empire’s embarrassing situation was understandable, and while one could even appreciate the comical nature of foreign medias’ blackening of China, butts that deserved a spanking still needed to be spanked (但好笑归好笑,屁股该打还是要打的).

It continues with a tour of American crimes and double standards (perceived or real – you decide from case to case), from a recently announced obligation for China’s state or party media to register as foreign agents or diplomatic missions in the US, to an NBA executive’s support of Hong Kong’s democracy movement (instigating chaos elements in HK / 怂恿乱港分子), the publication of a coronavirus-China-state-flag cartoon in Denmark, the WSJ’s sick-man-of-Asia statement, and inconsistencies in measures against anti-semitic or anti-black messages online while lacking protection of China against being being scolded.

The “Charlie Hebdo” massacre is broached, too, and so is responsibility as the other side of the coin (freedom being the other one).

Has the “WSJ” published free speech which insults Chinese? Yes. Must it be held responsible for publishing such remarks? Yes.

《华尔街日报》有没有发表侮辱中国人文章的言论自由?有。那它需不需要为发表这样的言论负责?需要。

The article then refers to Singapore as a place to learn from, when dealing with “misreporting”, citing a lawsuit by Lee Kuan Yew against the Far Eastern Economic Review‘s editor-in-chief as an example – according to the author, that was in 1989 -, and a case against the Asia WSJ, also in Singapore, in 1991, about contempt of court.

Yang on the other hand cites Beijing’s “unreliable entities list” as a conceivable tool.

____________

Note

*) There are probably two aspects to this accusation. One could be the US sanctions regime against Iran (and maybe also against North Korea, even if China officially supports those), and another would be a widely held belief that there is a rift between the US and the rest of the West about how to interact with China.

____________

Related

FMPRC daily briefing online, Febr 19, 2020
Be more Xinhua, Oct 10, 2009

Friday, February 7, 2020

Telling the good Li Wenliang Story: the Man for China’s Rise

The following are excerpts form a news article written by Zhang Weiwei (张维为), a professor at Fudan University, and dean of Fudan University’s China Institute.

What the academic says about “a major regional leader” appears to refer directly to Wuhan’s mayor Zhou Xianwang (周先旺) who had explained delays in public warnings with legal requirements. The underlings have apparently become the politburo’s pawns, scheduled to be sacrificed to placate public anger.

Links within blockquotes added during translation – JR.

Main Link: Li Wenliang, doctor, rumors, officials, and responsibility

[…]

As far as I have seen, there are basically two communities who like to create rumors. One consists of ignorant communities, like those who spread the idea that “gargling with salted water helps to prevent pneumonia”, adding “as said by Dr. Zhong Nanshen” to it. To handle this community’s problems is comparatively easy. The other community is highly politicized, with a hostile view of the People’s Republic, also often referred to as the “road-leading party”. There was once a man named Qin Huohuo whose motivation was just about creating rumors, to overturn the People’s Republic, and who was later arrested. Such open violators of the law and the constitution must be resolutely fought against.

以我自己的观察,中国喜欢造谣的主要是两个群体,一个是无知者群体,比方这次疫情中传播所谓“用盐水漱口可以防止肺炎”,还要加一句“钟南山大夫的话”。这个群体的问题比较好处理。另一个是高度政治化的、敌视人民共和国的群体,也就是我们常说的西方“颜色革命”在中国的“带路党”,过去有一个叫秦火火的,他的目的就是要造谣,谣翻人民共和国,后来被抓起来了。对这样公开违法违宪的人,要坚决斗争。

Digital numbers suggest that an overwhelming majority of our doctors and of our male communities of science and engineering approve of the path of China’s rise. Maybe it is their scientific and engineer training that makes them more respectful of the facts, and more inclined to seek truth from the facts. As it was in Wuhan, where eight doctors, practically simultaneously, expressed their opinions in circles of friends, about an issue they were rather familiar with. As a major regional leader, you should definitely be alerted. Even if not yet authorized for whatever reason, you need to clarify things. This is how you assume responsibility, to take responsibility for the people, and to be “always together with the people”.

从我们的大数据来看,我们的大夫群体,我们的理工男群体,认同中国道路和中国崛起的比例是压倒多数,可能是理工科的训练使他们更加尊重事实、更加实事求是。像武汉这样,八位大夫几乎同一时间段就一个他们比较熟悉的问题,在朋友圈里发表了自己的看法。作为一个地方的主要领导,一定应该警觉起来,即使由于种种原因,一时还没有得到授权,但也应该把事情搞清楚,这叫做担当,叫做对人民负责,这就是我们讲的“永远与人民在一起”。

[…] Last time, when I discussed the Chinese concept of “seeking truth from facts”, I used the example of General Su Yu. The Huaihai campaign was originally scheduled to start on November 8, 1948. Having gathered intelligence about the enemy, he was as brave as to violate his orders, but he assumed responsibility and both reported to the central military commission and made the necessary deployments, for which Chairman Mao highly praised him.

[…..] 我上次谈中国理念“实事求是”的时候,专门举了粟裕将军的例子,淮海战役本来定于1948年11月8号发动,他研究敌情后认为应该提前两天,这是冒着违反军令危险的,但他有担当,一面上报中央军委,一面就开始做必要的军事部署,后来毛主席高度表扬他。

There are media that say that America took the case of Li Wenliang to turn it into an essay. I say that China’s supreme court made a statement on January 29 about the so-called rumors’ issue, which means that in less than a month, the top level of China rehabilitated Li Wenliang. By contrast, American citizen Edward Snowden spoke some truths, most people worldwide believed it was the truth, but seven years later, America is still hunting him. Assange also said the truth and has suffered persecution in Sweden, Britain, and America for many years.

有媒体说,美国有人拿李文亮事情做文章,我说,中国最高法院1月29号就所谓武汉谣言问题专门发表过一个说明,这意味着在中国中央这一级,不到一个月,就给李文亮他们平反了。反观美国,美国公民斯诺登讲了一些真话,世界上多数人都认为他讲了真话,但7年过去了,美国还在追捕他。阿桑奇也讲了真话,在瑞典、英国、美国都遭受迫害好多年了。

[…]

____________

Related

Li Wenliang, 1986 – 2020, Febr 7, 2020

____________

Friday, February 7, 2020

Obituary: Li Wenliang, 1986 – 2020

One would like to deny it, but even the crudest of propaganda will leave tireless traces on the hard disks of generations. This defines the way Li Wenliang (李文亮), an eye doctor at Wuhan Central Hospital at his lifetime, will be collectively remembered – as a hero who served the people, not as a serious professional.

His death is a calamity, and so is the way he is going to live on in the people’s memory. The authorities didn’t see him in a position to do his job, unhampered by politics. The CCP can’t deal with professional attitudes – to the leadership and its fat cats at the grassroots, ordinary Chinese people are always children, and daddy (or stepdaddy) always knows better. And of course, only daddy must ever excel at his job – be it running the economy, be it running “vocational schools” for alleged “extremists” in Xinjiang, or be it handing down “instructions on how to handle the epidemic”.

Now, Li’s death is becoming a didactic play that flies into the face of the geniuses in Zhongnanhai. Not everything was wrong with the system. A month after Li had been reprimanded for going public (i. e. on the internet) with his medical findings, the Supreme People’s Court reportedly said that “[i]t might have been a fortunate thing if the public had believed the ‘rumors’ then and started to wear masks and carry out sanitization measures, and avoid the wild animal market.”

The unfortunate thing is that the People’s Court’s utterances come across as a try to defuse a dangerous idol – some kind of uncontrollable modernized Lei Feng, conceived and created outside the CPC’s laboratories. He isn’t a marginal idol – even CCTV is sobbing (supposedly, not only outside the Great Firewall of China).

Still, Zhongnanhai may continue to sleep well behind its firewalls. Not even “Sound of Hope”, a Falun-Gong affiliated radio station, appears to find much criticism of the central leadership online, be it because the usual screenplay – idiots at the grassroots, wise leaders at the top – is still effective, be it because the censors are doing a great job.

Li is reportedly survived by his pregnant wife and one child.

Li Wenliang, born in Liaoning Province on October 12, 1986, died in Hubei Province on February 6 or 7, 2020.

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