Two major news stories from China in the last 24 hours suggest the line is pretty blurred. Not really much more to say…
Story A Ai Wei Wei
Story B Bo Xilai
Ai Weiwei appeal overruled
Thu, Sep 27 2012
http://www.reuters.com/article/2012/09/27/us-china-dissident-idUSBRE88P0J720120927
(Reuters) – A Chinese court upheld a $2.4 million tax evasion fine against China’s most famous dissident Ai Weiwei on Thursday, ending his long legal battle with the authorities but paving the way for him to be jailed if he does not pay.
The loss of Ai’s second appeal in a higher court means that the world-renowned artist could risk arrest if he does not pay a remaining fine of around 6.6 million yuan ($1.05 million), in a case that has further tarnished China’s poor human rights reputation.
He has paid a bond of 8.45 million yuan already lodged with the tax authorities to contest the tax charge.
Ai, whose 81-day detention last year sparked an international outcry, told Reuters he will not pay the remaining fine as that would be tacit acknowledgement of the case’s legality, which he has always maintained is trumped up.
Ai said he is uncertain whether he faces arrest if he doesn’t do so.
“If I need to go to jail, there’s nothing I can do about it,” Ai said. “This country has no fairness and justice, even if I’ve paid the 6 million yuan, I still could possibly go to jail. They don’t need an excuse to arrest me – they can always find another excuse at any time.”
The case is widely seen by activists as an attempt to muzzle the outspoken artist, who has repeatedly criticized the Chinese government for flouting the rule of law and the rights of citizens.
Ai, 55, had asked the Chaoyang District Court to overturn the city tax office’s rejection of his appeal against the 15 million yuan ($2.38 million) tax evasion penalty imposed on the company he works for, Beijing Fake Cultural Development Ltd, which produces his art and designs.
Ai, who has waged a near five-month long legal battle with a Beijing tax agency, said he could not appeal further and has not enough cash to pay the remaining 6.6 million yuan, adding that the tax agency has not given him a deadline to pay.
Government efforts to silence Ai have frequently backfired, as demonstrated by an outpouring of public sympathy – and cash – in response to the tax penalty.
Ai had collected more than 9 million yuan, he says he will start to return, from about 30,000 donors, to pay the bond. Many of Ai’s supporters folded money into paper planes that were flown over the walls of his home.
Earlier, an angry Ai, who was allowed to attend court in person for the first time and without an obvious police presence, said he scolded the judge for being a “shame and a disgrace”.
“It (the court) didn’t respect the facts or give us a chance to defend ourselves; it has no regard for taxpayers’ rights,” he told reporters.
He said the court had flouted Chinese law by not providing a written notification of the appeal verdict three days in advance, and only notifying his wife, Lu Qing, by telephone earlier this week. One of his lawyers, Pu Zhiqiang, is in France and could not make it back in time.
Ai’s loss of his appeal is a predictable outcome in a country where the courts, controlled by the ruling Communist Party, toe the government line. It also underscores Beijing’s increasing intolerance of dissent ahead of a tricky transition of power later this year.
“I never imagined the court would disregard the facts this much, be so unreasonable and so insulting,” Ai said.
($1 = 6.3066 Chinese yuan)
Story B
Bo Xilai expelled from CPC, public office
BEIJING, Sept. 28 (Xinhua) — Bo Xilai has been expelled from the Communist Party of China (CPC) and removed from public office, according to a decision made at a meeting of the Political Bureau of the CPC Central Committee on Friday.
The meeting also yielded the decision to transfer Bo’s suspected law violations and relevant evidence to judicial organs for handling.
The decisions were made after attendees at the meeting deliberated over and adopted an investigation report on Bo’s severe disciplinary violations, which had been submitted by the CPC Central Commission for Discipline Inspection (CCDI).
At a meeting held on April 10, members of the Political Bureau of the CPC Central Committee were briefed on the investigation into the incident in which former Chongqing Vice Mayor Wang Lijun entered the U.S. Consulate General in Chengdu without permission as well as the reinvestigation into the suspected murder of British citizen Neil Heywood by Bogu Kailai, Bo’s wife.
Based on Bo’s mistakes and responsibilities in the two cases, as well as evidence of his other discipline violations uncovered during the investigations into the two cases, the CPC Central Committee decided to suspend Bo’s membership in the CPC Central Committee Political Bureau and the CPC Central Committee and the CCDI filed the case for investigation.
Investigations have found that Bo seriously violated Party disciplines while heading the city of Dalian, Liaoning Province, and the Ministry of Commerce and while serving as a member of the Political Bureau of the CPC Central Committee and as Party chief of Chongqing Municipality.
Bo abused his power, made severe mistakes and bore major responsibility in the Wang Lijun incident and the intentional homicide case of Bogu Kailai.
He took advantage of his office to seek profits for others and received huge bribes personally and through his family.
His position was also abused by his wife Bogu Kailai to seek profits for others, and the Bo family accepted a huge amount of money and property from others.
Bo had or maintained improper sexual relationships with a number of women.
He was also found to have violated organizational and personnel disciplines and made erroneous decisions in the promotion of personnel, resulting in serious consequences.
The investigation also uncovered evidence that suggests his involvement in other crimes.
Bo’s behaviors have yielded serious consequences, badly undermined the reputation of the Party and the country, created very negative impacts at home and abroad and significantly damaged the cause of the Party and the people.
The Political Bureau of the CPC Central Committee decided at the meeting to expel Bo from the Party in accordance with the Party Constitution and CPC intra-party supervisory disciplinary regulations. The Party sanctions will be endorsed by the 7th plenary meeting of the 17th CPC Central Committee, which will be held ahead of the Party’s 18th National Congress set to convene on Nov. 8.
The Political Bureau of the CPC Central Committee has also decided to remove Bo from public office in accordance with the country’s Law on Public Servants and to transfer Bo’s suspected law violations and relevant evidence to judicial organs for handling.
The CPC Central Committee stressed that the investigation and handling of Bo’s severe discipline violations further shows the CPC’s basic requirement of being strict with Party members, its governance concept of governing the country in accordance with the law and its distinct position and resolution to fight corruption.
The CPC Central Committee said the entire Party must fully realize the perennial, complex and arduous nature of the anti-corruption fight and give fighting corruption and building a clean government a more prominent place on its agenda so as to wage a resolute battle against corruption, leaving no room for corrupt figures to hide within the Party.
Party organizations at various levels must use Bo’s case as a negative example to enhance cadre education, management and supervision, maintain strict Party discipline, improve the Party’s working style, speed up the building of the system for punishing and preventing corruption, and constantly enhance the Party’s capabilities of self-purification, self-improvement and self-innovation — all in a bid to maintain the Party’s advanced nature and purity.
The CPC Central Committee called for strengthened nurturing of the Party spirit so that leading Party officials can develop appropriate views toward the world and power.
Party officials were told to consciously abide by Party disciplines, always keep pace with the CPC Central Committee, earnestly implement democratic centralism and voluntarily accept supervision from Party organizations and the people.
They were told to strictly carry out the Party’s cadre promotion policy and guidelines, and rectify unhealthy tendencies in selecting officials.
They were urged to boost their awareness of the law and absolutely safeguard the dignity and sanctity of the law.
The CPC Central Committee also urged adherence to running the Party strictly and persistence in punishing and preventing corruption.
Cases involving disciplinary and law violations should be severely dealt with, it said, vowing no mercy for corrupt figures no matter who is involved or how great his or her power is.
The CPC Central Committee called on the Party, the country and people of all ethnic groups to closely unite around the CPC Central Committee led by General Secretary Hu Jintao and hold high the great banner of socialism with Chinese characteristics, under the guidance of the Deng Xiaoping Theory and the important thought of the Three Represents.
It urged deeply implementing the Scientific Outlook on Development and unswervingly advancing along the socialist path with Chinese characteristics, so as to make new achievements in anti-corruption campaigns and the construction of a clean Party and government, strive for the overall building of a well-off society and create new progress for the socialist cause with Chinese characteristics.
