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O 290823Z JAN 10
FM AMCONSUL CHENGDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3721
INFO RUEHOO/CHINA POSTS COLLECTIVE
RUEHCN/AMCONSUL CHENGDU 4445

UNCLAS SECTION 01 OF 03 CHENGDU 000026 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/CM 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM ECON SOCI KJUS CH
SUBJECT: CHONGQING LEGAL SCHOLARS, LAWYER ON GANG CRACKDOWN AND 
TRIALS 
 
REF: 09 CHENGDU 210 
 
CHENGDU 00000026  001.2 OF 003 
 
 
¶1. (U) This cable contains sensitive but unclassified 
information.  Not for Internet distribution. 
 
 
 
¶2. (SBU) Summary: The organized crime problem in Chongqing is an 
inevitable outcome of unprecedented economic development, 
several legal contacts recently told us.  However, Chongqing's 
traditional "wharf culture" also makes it a unique breeding 
ground for organized crime.  The crackdown has not been 
surprising given the reach of the corruption involved and its 
wide impact on people's livelihoods -- especially given the 
stranglehold gangs had gained on food and transportation in the 
city.  Criminal gangs had simply begun to yield too much power, 
and public support to fight them was broad-based. 
 
 
 
¶3. (SBU) While many commentators in the Hong Kong and foreign 
press have noted the political benefits and national attention 
that a crackdown has brought to Chongqing Party Secretary Bo 
Xilai, most of our Chongqing interlocutors -- perhaps hesitant 
to comment on the jockeying among senior Chinese leaders in the 
run-up to the 18th National Party Congress in 2012  -- stressed 
instead that it should be seen in the context of the national 
anti-organized crime campaign launched by the Ministry of Public 
Security in 2008.  Indirectly crediting Bo Xilai, however, they 
described anti-crime crackdowns in other cities as "fake," 
versus the "real" crackdown - including on high government 
officials - in Chongqing.  Legal contacts generally described 
the crackdown and trials as "in line with the law," and good for 
China's legal system.  Regarding the case of Li Zhuang, the 
Beijing-based defense lawyer recently sentenced to two years' 
imprisonment for allegedly fabricating evidence, all seemed 
loath to come to his defense, asserting that the "government 
wouldn't have arrested him if he hadn't done anything illegal." 
End Summary. 
 
 
 
¶4. (SBU) During January travel to Chongqing, Consul General 
discussed the ongoing Chongqing gang trials with a group of 
legal scholars, and separately with well-known labor rights 
lawyer Zhou Litai (reftel), who has taken on several of the 
gang-related cases.  The legal scholars, all alumni of USG 
exchange programs, included: Fang Ling, Director of the Law 
Institute, Chongqing Academy of Social Sciences; Chen Wei, 
Professor of Civil Law, Southwest University of Political 
Science and Law; Chen Boli, Deputy Dean and Professor of 
Constitutional Law, Chongqing University Law School; Xiao Hong, 
Professor of Criminal Law, Chongqing University Law School; and 
Wu Xueyan, Professor of International Economic Law from 
Chongqing University Law School. 
 
 
 
Gangs in Chongqing: Natural Outgrowth of Rapid Social Change? 
 
--------------------------------------------- ---------------- 
 
 
 
¶5. (SBU) At CG-hosted dinner for the Chongqing legal scholars, 
Fang Ling of Chongqing's Academy of Social Sciences asserted 
that gangs are an inevitable outcome of economic development, 
noting the unprecedented speed of the city's development in 
recent years.  The growth has created a range of new social 
problems, and gangs are one aspect, he said.  Lawyer Zhou Litai, 
in a separate discussion, also described criminal gangs as an 
"inevitable and normal" result of rapid development and social 
change.  Nevertheless, both also highlighted Chongqing's unique 
"wharf culture" as providing a particularly advantageous 
environment for the growth of organized crime.  Chongqing people 
are more interested in "group adventures" and highly value honor 
and loyalty among friends "like workers at the ports in ancient 
times," they said.  Xiao Hong of Chongqing University's Law 
School, reported that he has studied the phenomenon of gangs 
throughout Sichuan province, and found that Chengdu and other 
cities also face their own gang issues, "but I have to admit 
that it's not very serious," he said, in comparison to Chongqing. 
 
 
 
Citizens Feel Depth of Gang Problem Justified Crackdown 
 
--------------------------------------------- ---------- 
 
 
 
CHENGDU 00000026  002.2 OF 003 
 
 
 
¶6. (SBU) Both the group of legal scholars and lawyer Zhou Litai 
characterized the ongoing crackdown as normal and justified 
given the severity of the Chongqing gang problem.  "When gangs 
threaten society and undermine the power of government, they 
must be controlled and punished in accordance with the law," 
said Xiao.  Moreover, they emphasized that Chongqing's crackdown 
occurred in the context of the nationwide crackdown on organized 
crime launched by the Ministry of Public Security in 2008 (the 
"quanguo guangzhu" initiative).  Xiao noted in particular 
ongoing campaigns in Guangdong and Zhejiang, but described 
government actions in those provinces as not as serious as in 
Chongqing.  Other provinces arrest and punish the gangs, he 
said, but they do nothing to the officials who are behind the 
gangs.  Therefore, he continued, what they are doing can be 
described as a "fake hit" (jia da), whereas Chongqing's campaign 
is a "real hit" (zhen da).  Chongqing's corruption problems are 
actually not as bad as either Zhejiang's or Guangdong's, 
asserted another scholar.  Zhejiang, for example, has arrested 
thousands for gang and corruption activities, or affiliation 
with organized crime ("hei shehui.") 
 
 
 
¶7. (SBU) Discussing the likely impetus for the seriousness of 
the crackdown in Chongqing, Zhou Litai emphasized that the gangs 
had begun to yield too much power, monopolizing both public 
transportation networks and the food industry.  "The gangs were 
very powerful," he said, citing in particular the example of Wen 
Qiang (the former Director General of the city's Justice Bureau, 
arrested and charged last year with abusing his official power 
to protect Chongqing's organized criminal networks).  Qiang, 
Zhou said, particularly angered Chongqing Party Secretary Bo 
Xilai by interrupting him during a public meeting and declaring, 
"Bo Xilai, you don't understand the situation in Chongqing and 
let me talk!" 
 
 
 
¶8. (SBU) Both the legal scholars and lawyer Zhou Litai said the 
crackdown enjoys broad public support as people know how 
corruption affects their lives (e.g. by increasing the cost of 
basic needs), they said.  Chen Boli of Chongqing University's 
Law School expressed his view that the crackdown was highly 
desired by the public, and as a result has gone quite smoothly. 
"We were worried," he said, that the crackdown might impede 
Chongqing's economic development, but were surprised to find the 
economy doing even better now that businesses can be more 
confident about their future.  While disagreeing that Bo Xilai 
launched the crackdown to promote his own political ambitions, 
Chen said that the people of Chongqing would now be very happy 
to see Bo Xilai promoted to a higher position "for his 
contribution to stability and the development of Chongqing." 
 
 
 
Differences of Views on Whether Procedural Problems With 
Handling of Criminal Cases; Case of Arrested Defense Lawyer 
 
--------------------------------------------- -------------- 
 
 
 
¶9. (SBU) When asked for their assessment of the legal handling 
of the gang-related cases, and whether there have been 
particular problems associated with the crackdown, the group of 
legal scholars expressed a general sense that the process has so 
far been "in line with the law."  Further, they described the 
developments as good for China's legal system because they 
demonstrated that no one was above the law.  Several of the 
scholars cited examples such as the open trials and sentencing, 
as well as the media coverage of these proceedings. 
 
 
 
¶10. (SBU) During CG's separate meeting with lawyer Zhou Litai, 
however, Zhou expressed some reservations.  "I feel there are 
some legal problems, for example, the lawyers' rights to meet 
the clients, review the cases and defend the clients have not 
been guaranteed."  Zhou noted that the campaign approach would 
bring temporary benefits, but would not last long if the process 
was not carried out in accordance with the law and in such a way 
as to develop the overall system.  Therefore, Zhou said, Bo 
Xilai has requested that officials "crack down on gangs in 
accordance with the law" (yifa dahei) in order to "stand the 
tests of history" (jingdeqi lishide jianyan). 
 
 
 
 
CHENGDU 00000026  003.2 OF 003 
 
 
¶11. (SBU) When asked about the specific case of Li Zhuang, the 
Beijing-based defense lawyer recently sentenced to two years' 
imprisonment for allegedly fabricating evidence, both the legal 
scholars and Zhou were loath to come to his defense.  Xiao Hong 
noted, "Li is a very famous lawyer in China and the government 
wouldn't arrest him if he hadn't done anything illegal."  He 
said that "many legal experts" have looked at his case and all 
believe him to be guilty."  In a similar vein, Zhou Litai 
asserted that "we should trust the government as it has a lot of 
evidence to prove that Li is guilty."  He further asserted that 
the arrest was an "unprecedented development" among Chinese 
lawyers.  Li Zhuang received 1.5 million RMB (USD 220,588) to 
handle the cases of gangs and started making fake documents when 
it got difficult to defend his clients, Zhou claimed. 
 
 
 
¶12. (SBU) Zhou also highlighted Li Zhuang's lack of connections 
in Chongqing, saying that he did not understand the "real 
situation" in the city.  Zhou dismissed the speed of the arrest, 
indictment and trial process as "not an issue" within China's 
legal system, since it was handled within the required time 
period.  (Li's trial and conviction concluded about three weeks 
after his initial arrest.)  He acknowledged only the possibility 
of some minor problems in the handling of the case. 
 
 
 
¶13. (SBU) Note and Comment: Li Zhuang was tried under Article 
306 of the Criminal Code, which allows the criminal prosecution 
of lawyers for providing "false testimony."  Zhou Litai's claim 
that this is an "unprecedented" case is arguably either 
disingenuous or misinformed, as many lawyers have in fact been 
detained under this article.  (See, for example, a 2006 report 
by Human Rights in China that notes that -- of 500 lawyers 
arrested between 1997 and 2002 -- 100 were accused of Article 
306 violations: http://tinyurl.com/HRIC-lawyers 
 .)  Professional jealousy and 
some measure of resentment by Chongqing residents toward an 
outside Beijing lawyer may well be a factor in the responses we 
heard on this issue.  End Note and Comment. 
 
 
 
Chongqing Government Rejects 
 
Consulates' Requests for Meetings on Crime Crackdown 
 
--------------------------------------------- ------- 
 
 
 
¶14. (SBU) Consulate General Chengdu has submitted three 
diplomatic notes to the Chongqing Foreign Affairs Office (FAO) 
since September requesting meetings with the municipal Public 
Security Bureau and Justice Bureau on the topic of the city's 
crackdown on criminal gangs.  All have been refused.  Contacts 
at the British Consulate in Chongqing have told us their similar 
requests have also been denied. 
BROWN