Tuesday, 5 January 2021

Top Banking Official Sentenced to Death on Corruption and Bigamy Charges

Lai Xiaomin, the former head of a state-owned asset management company was sentenced to death on January 5 for bribery, corruption, and bigamy. Lai led China Huarong Asset Management until his 2018 expulsion from his public duties and the Party, and was subsequently accused of accepting $277 million of bribes over the course of a decade. He stands to become one of the few high-ranking officials, or “tigers,” to be executed for financial crimes in recent years. At The New York Times, Alexandra Stevenson situated Lai’s arrest within Xi’s signature corruption crackdown:

Mr. Lai, 58, was among the highest-profile figures to fall from grace amid a sweeping crackdown on corruption by Xi Jinping, China’s top leader. Mr. Lai was kicked out of the Communist Party in 2018 for violating party law and regulations, including abusing his power for sex. He confessed to taking cash bribes last year in a televised show on state media.

The unusually harsh sentence could send a signal that Mr. Xi is not ready to ease his anticorruption campaign, which he began shortly after he took control of the Communist Party in late 2012. The campaign has taken down some of his most powerful rivals. But it has also helped him contain concerns in China that party officials were becoming increasingly corrupt.

[…] A high-profile death sentence will send a message, though its interpretation depends on the audience, said Joshua Rosenzweig, the deputy regional director for east and Southeast Asia at Amnesty International.

[…] “This could be a message to the public that the Xi regime is still treating corruption as a serious issue, or it could be a message to the business elite in China that they need to keep their noses clean,” Mr. Rosenzweig said. “Or it could be a message to both.” [Source]

In a statement issued after the ruling, China Huarong said: “The severe treatment of Lai Xiaomin reflects the strong determination of the Central Committee with President Xi Jinping as the core to administer the party and its zero tolerance in punishing corruption.” Lai’s corruption was tabloid, and state-media, fodder. A five-episode CCTV documentary on his alleged crimes, aired in early January of 2020, showed footage of an apartment filled with cash-stuffed cabinets, drawers, and safes. Lai called it “the supermarket.” Caixin reported that Lai had over 100 mistresses, owned over 100 homes, and had three tons of cash tucked away in an apartment.

Lai’s punishment stands out for its severity. Although China executes more prisoners than any other country in the world, according to Amnesty International, death sentences for government officials are extremely rare. In his newsletter Pekingnology, Zichen Wang stressed that Lai’s harsh sentence was due “first and foremost” to his position as “a cadre and official of the Communist Party of China and the Chinese state… the conviction is based on that identity.” At The Wall Street Journal, Chao Deng explained China’s death penalty laws, and examined its recent application in political cases:

By Chinese law, officials can face the death penalty, either by firing squad or lethal injection, for bribery totaling as little as three million yuan. Still, Chinese courts seldom resort to the death penalty for corruption, and accounts of financial bribery in China frequently total in the tens of millions of yuan.

The former head of regional Hengfeng Bank in eastern Shandong province was sentenced to death last year for accumulating illegal gains amounting to more than 10 billion yuan, but the sentence came with a two-year reprieve, meaning it will likely be converted to life imprisonment.

[…] In the few cases involving a death sentence in recent years, Zhang Zhongsheng, the former vice mayor of a coal-mining town in northern Shanxi province, was executed in 2018 after being convicted of accepting more than 1 billion yuan in bribes.

Zhao Liping, a former police chief in Inner Mongolia, was executed in 2017 for murdering a woman and accepting bribes of more than two million yuan. [Source]

Lai’s sentence did not include a two-year reprieve, making it likely that he will be executed. A Bloomberg News interviewee suggested that Lai’s sentence would remind officials about the steep penalties for corruption under Xi Jinping:

Mo Shaoping, a Beijing-based lawyer, said it’s rare that bribery cases result in the death penalty with many ending up being reprieved to life in prison. But in this case “the amount of corruption is particularly huge, likely the biggest in recent years,” Mo said. “The case has also sparked public outrage. Under the current environment, a death sentence is definitely sending a warning — and mostly importantly — shattering the belief that corruption isn’t punishable by death.” [Source]

China Huarong Asset Management, the company Lai led until his downfall in 2018, was one of four asset management companies (AMCs) founded in 1999 to help state-owned corporations offload bad loans. Under Lai’s leadership, China Huarong aggressively expanded into new financial fields. The company lent money to already over-leveraged private corporations, including HNA and Anbang, sparking regulators’ ire. At the time of Lai’s arrest in 2018, Dinny McMahon wrote that the detention was a regulatory signal aimed at the AMCs, warning them to abandon their lending practices and limit themselves to assuming state-owned corporations’ debt. Xi Jinping’s top economic advisor Liu He reportedly scrutinized China Huarong’s lending practices, possibly triggering his arrest. From Tom Mitchell for The Financial Times:

Huarong was one of four asset management companies originally established in 1999 to take bad debts off China’s largest state-owned banks, in order to help them lower their non-performing loan ratios and prepare for stock market listings. The four AMCs absorbed bad loans with a total face value of $800bn, although their market value was a fraction of that amount.

[…] Under Lai’s leadership, Huarong raised vast amounts of capital and expanded aggressively into investment banking services. In the five years through 2018, China’s four largest AMCs raised more than $100bn from debt markets, with Huarong accounting for about half of their total issuance.

[…] Huarong’s rapid expansion, as well as the high-yield loans its investment bank clients sometimes struggled to repay, eventually attracted scrutiny from regulators as President Xi Jinping’s top economic adviser, vice- premier Liu He, ramped up a series of campaigns against risky financial practices. [Source]



source https://chinadigitaltimes.net/2021/01/top-official-sentenced-to-death-on-corruption-and-bigamy-charges/

Monday, 4 January 2021

Photo: Untitled (Shanghai), by Hsiuan Boyen

Untitled, by Hsiuan Boyen (CC BY-NC-ND 2.0)



source https://chinadigitaltimes.net/2021/01/photo-untitled-shanghai-by-hsiuan-boyen-5/

Human Rights Lawyers Face Debarment for Involvement in Politically Sensitive Cases

The Chinese government has moved to strip two human rights lawyers of their licenses to practice, following their involvement in legal cases against citizen journalist Zhang Zhan and the 12 Hong Kong activists caught fleeing the city in 2020. The lawyers, Lu Siwei and Ren Quanniu, received letters on January 4 informing them of plans to revoke their licenses. Hong Kong Free Press’ Rhoda Kwan reported on the notices delivered to the two lawyers:

In a letter informing Lu of administrative punishment proceedings against him released Monday, the Sichuan province’s Department of Justice accused him of “publishing inappropriate speech online.”

[…] “Upon investigation, this department found that you have published inappropriate speech online on multiple occasions – the considerable length of time with a vast number of posts have seriously harmed the image of the lawyer profession and caused a negative impact upon society,” the notice read.

[…] Later on Monday, Ren also received a similar notice from authorities informing him of their intention to revoke his licence. Ren had represented citizen journalist Zhang Zhan who was jailed for four years last week for her coverage of the Wuhan Covid-19 outbreak. In a notice from the Henan province’s Department of Justice, authorities cited alleged wrongdoing from 2018.

According to mainland Chinese law, both lawyers are entitled to provide a statement and file a defence. They required to officially request for a hearing within three days, at the end of which they will be deemed to have given up the right to plead their cases. [Source]

The timing of the letters is noteworthy, coming shortly after both of the politically sensitive cases concluded last week. In the case of the Hong Kong 12, Lu and Ren were in fact barred from representing the defendants, who were instead assigned government-appointed lawyers. The New York Times’ Austin Ramzy reported that a family members of the 12 decried the debarring of the lawyers as state-sponsored retaliation:

Mr. Lu and Mr. Ren were each given three days to arrange hearings over their licenses, but Mr. Ren said he had little hope of a successful appeal.

A group representing family members of the activists said they believed the timing of the actions against the two lawyers indicated that they were “obviously revenge for their involvement” in the Hong Kong case.

“For their daring to go against the powers that be, and persistence in upholding the rights of the twelve, the authorities have resorted to ending their professional career and cutting off their livelihoods,” the families said in a statement. [Source]

In addition to the Zhang Zhan and Hong Kong 12 cases, Lu Siwei has also been involved in the case of jailed human rights lawyer Yu Wensheng. Yu was jailed in June 2020 on charges of subversion after he penned a letter calling on delegates of the 19th Party Congress to remove Xi Jinping and implement political reforms. William Yang reported that the prospect of Lu eventually losing his license would likely hurt Yu’s legal representation.

It has become significantly more perilous for human rights lawyers to operate in China since the 709 crackdown of 2015, when more than 200 human rights activists and lawyers were arrested. In December of 2020, an independent expert with the U.N. described a “five-year assault” on lawyers who stand up for human rights. Nonetheless, in a letter titled “Better to Die for One’s Words Than Survive on Silence,” a group of human rights lawyers as part of the China Human Rights Lawyers Group struck a defiant tone while ushering in the new year:

In facing the advancement and even retrenchment of constitutionalism, rule of law, and human rights, what should we do? Continue to sacrifice freedom and dignity for security, or break our silence to speak up and say no to every violation of these rights?

[…] All citizens must ask themselves, does the fact that Dr. Li Wenliang (李文亮) was summoned and chastised by police at the very start of the coronavirus pandemic have nothing to do with you? Do those whose land was illegally taken, homes forcibly demolished, and who were illegally jailed have nothing to do with you? Do the human rights lawyers who were illegally stripped of their credentials have nothing to do with you? All of these things bear on you! When you’re in the midst of a pandemic, unable to move freely, or even have friends and family fall ill, when you or your relatives’ property is forcibly taken, home is demolished, when you are imprisoned by the state and no lawyer dares speak up for you… this means that these violations of human rights are directly and indirectly related to you. Therefore, speaking out against injustices done to others is an obligation for all. Fighting for your rights and those of others is a duty every person has towards the community.

[…] Zhang Zhan had this to say: “Looking upward, I am pregnant with hope, I only have to look up, the sky may still be able to drop raindrops; looking downward, full of despair, such despair that comes from people’s submissive existence.” At this moment, Zhang Zhan is still in Shanghai’s Pudong Detention Center continuing her hunger strike, protesting the injustice and miscarriage of justice. Surely she must be more deeply disoriented by this present intertwining of hope and despair. But surely she must be in touch with our hearts.

Then, let’s raise our eyes upward, look up to the stars while planting our feet on the ground. On the first day of 2021, let’s shout out from the heart: we will never be walking corpses. We will continue to concern ourselves with all the sufferings and injustices, until the day that constitutionalism, rule of law, human rights and democracy come to China. [Source]



source https://chinadigitaltimes.net/2021/01/human-rights-lawyers-face-debarment-for-involvement-in-politically-sensitive-cases/