外国记者 Foreign Correspondent

Reporting in China

Tesco turns Chinese in Qingdao 乐购青岛走向本土化

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January 10 – Qingdao

Tesco, oddly enough, was the first supermarket I visited when I arrived in China in June 2008. The store inside the Luwan stadium was next to the block of serviced apartments where we stayed in our first month.

It was a dire store. The vegetables looked limp and old, the meat gave off a strange smell, the layout was indecipherable and no one seemed to be buying much. I quickly gave up on Tesco’s China strategy and never went back.

Until last weekend, when I arrived in Qingdao and saw the new Tesco hypermarket and the shopping centre that Tesco has built around it. It seems the supermarket giant has got serious. It invested £500 million (5.4 billion yuan) in China last year and plans to spend even more next year.

The money is going on a series of 23 giant shopping centres, some of which have blocks of apartments and cinemas attached. Tesco is going into the property development game (hohum, sometimes I think this is the only game to play in China). This way, it can have its pick of sites for its stores and lay them out a bit better than that store in Luwan (which is being renovated, apparently).

One Tesco executive tells me that they are opening four more shopping centres in the south in November, December, January and then February. The cinemas, in particular, should do well. “In the US, there is a cinema for every 400 people,” he says. “In China, there is one for every 180,000, so you can see there’s a growth potential”. The rush to open these stores is because WalMart and Carrefour are far ahead of Tesco.

The new Tesco store itself is impressive. It spans two floors and is laid out to focus on the core items that Chinese shoppers look out for: cooking oil, eggs, pork, toilet paper, rice etc. However, it also stocks a mind-boggling array of produce. Tesco says it has 2,000 suppliers for the store, who make 800 direct deliveries each week. The logistics of running that many suppliers is mind-boggling and Tesco is busy building distribution hubs so that it can mastermind its supplies better.

The “marketplace” is much cleaner than in the old Tesco, with fewer iffy smells, but retains all the chaos that Tesco insists makes Chinese shoppers happy. The store refers to the shouting and shoving as “theatre”. And there is one innovation that has come from Korea, apparently. A fine mist is constantly sprayed over the vegetables from overhead, making them look fresh and just out of the fridge. The system appears to have been rigged up, shanzhai-style, from a length of drainpipe painted green and I imagine it won’t be long before it is replicated across stores elsewhere.

The boss, Ken Towle, has a remarkable command of every price and every product he stocks. He discusses the elasticity of demand for eggs, which are sold loose in the store and sometimes decanted into plastic bags for customers who just want the liquid to take away. He says that a tiny fluctuation in the price of eggs can spark mad rushs. A 20 per cent price drop, he adds, would cause a stampede in store (the store is already packed out – the police restricted the entrances but around 60,000 shoppers were expected to pass through).

Meanwhile, the store has also reached out to the local community. Through the neighbourhood committees, Tesco invited locals to do their morning exercises in the forecourt, set up a CD player, handed out warm coats and also hot drinks. This sort of thoughtfulness costs nothing and generates a lot of goodwill.

It is early days, and Tesco clearly doesn’t have the guanxi in Qingdao to fill its shopping centre with the big name shops. Much of the mall looked like it had been filled with mom-and-pop shops that were happy to upgrade to shiny new premises. The only really recognisable Chinese brands on offer were Li Ning and Erke. It will be interesting to see if the bold strategy works though, and with the speed Tesco is expanding, it shouldn’t take long before the results are evident.

1月10日,青岛

很巧合的是,我2008年6月第一次来中国的时候,去的第一家超市就是乐购。那家乐购在上海卢湾体育馆内,靠近我们最初的一个月居住的酒店式公寓旁边。

那家乐购环境实在糟糕。蔬菜看起来蔫蔫的,不新鲜,肉类散发着奇怪的味道。店面布局混乱,也没什么人买东西。我对乐购在中国的发展完全失望了,决定不当回头客。

直到上个周末,我去了青岛,参观了那里新开的乐购大超市还有周围乐购自建的购物中心。看来乐购这个超市巨头开始认真起来了。去年乐购在中国总共投资了五亿英镑(合五十四亿人民币),明年预计还有更大笔的投资。

这五亿英镑主要花在了23家巨型购物中心上,有些中心甚至配有公寓和影院设施。乐购开始涉足地产开发项目了(真是的,有时我觉得这是中国唯一可参与的游戏),这样乐购就可以选择开店的地址,进行合理的店面布局,至少要比卢湾的那家强(不过显然那家也新近装修过)。

乐购的一位经理告诉我十一月,十二月,一月,二月里,乐购要在中国南部城市连续开四家购物中心。特别是影院,应该生意会不错。“在美国,每400人就有一家影院,”他说道,“在中国,是每十八万人才有一家影院,这个发展的空间可想而知了。”乐购加快开店的原因是沃尔玛和家乐福已经远远走在了前头。

青岛的新乐购超市本身就很引人注目。这家店一共有两层楼,店面醒目位置摆设是中国消费者关注常用的物品,食用油,鸡蛋,猪肉,纸巾,大米等等。然尔,店里也有一些令人费解的系列商l品。乐购有两千左右的供应商,每周会接收800多趟的直线送货。经营如此数量众多的供应商本身是令人吃惊费解的,乐购目前也忙着筹建运销配给中心,方便以后总店的统一策划。

比起旧店来,新店的“菜市场”那块要干净的多,也没有可疑的味道,但还是一如既往的混乱嘈杂,乐购坚持认为中国客户会比较喜欢这样的买菜环境。乐购把这些叫嚷,还有推搡称为“有戏剧色彩”。这家新店采用了一项来自韩国的新设施。蔬菜制品的上空不间断地喷洒着水汽,一层薄雾笼罩其上,这样蔬菜看起来很新鲜,像是刚从冰箱里取出来一样。不过这个设备看起来像是做工粗糙的山寨产品,用的是一段漆成绿色的排水管。大概不要多久,就会被其它超市借鉴仿制吧。

新店老板Ken Towle对每件货品和其价格都了如指掌。他和我们谈到了鸡蛋的弹性需求。鸡蛋在店里是散装卖的,有时甚至打散放到塑料袋里,给客户直接拎回家。他说鸡蛋价格的一点点波动就会造成疯狂的抢购。价格下降20%的话,甚至能导致店里的踩踏事件(当时超市里已经人满为患,有警卫守在门口,还有六万多人要进来)。

同时,乐购也开始和当地的社区交流互动。通过街道居委,乐购邀请当地居民来超市的前广场晨练,会放置一个CD机,发放大衣,甚至送上热饮。这种细致周到的服务没什么成本可言,却会为超市赢来宝贵的信誉好评。

青岛的乐购刚刚开业,显然还没来得及和当地政府打好关系,将品牌商店引进到乐购购物中心来。目前购物中心大部分被小商小贩占据了,乐购自然希望能将其升级成靓丽闪光的商铺群。目前同意进驻的稍具知名度的中国品牌只有李宁和鸿星尔克。我倒很期盼看看乐购这一大胆扩张策略能否顺利实施,以乐购目前的开店速度来看,应该不用多久就能看出效果了。

Written by malcolmmoore

January 13, 2010 at 7:29 pm

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The recent history of China’s foreign policy

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Gao Zhikai, or Victor Gao, was Deng Xiaoping’s old interpreter and sat in on some of China’s earliest encounters with the outside world, including the 1986 meeting between Deng and John Phelan, the then chairman of the NY stock exchange, during which Deng decided that China must have its own stock exchange.

Today, he is an executive director of the Beijing Private Equity Association and a director of the China National Association of International Studies, and has held positions with Morgan Stanley, PCCW and CNOOC.

But it was his early knowledge of Beijing’s interactions with the outside world that were most relevant for a piece about how Britain should handle its relationship with China.

In his view, China’s foreign policy history during the post-Mao period can be split into three periods:

1. 1978 to 1989: Deng Xiaoping’s opened up China to the outside world after decades of isolation. During this period, China’s tacit support for US policy helped bring about the end of the Soviet Union and the end of Communism in Europe. Mr Gao said China and the US were trading military and political information, and that the US was in the process of selling China helicopters and fighter-jet guidance technology.

2. 1989 to 2001: After the events in Tiananmen Square, the US turned its back on China. A UN resolution was passed against China and sanctions were imposed. No diplomatic meetings took place from 1989 to 1993, when Bill Clinton finally met Jiang Zemin on the fringes of the Apec conference in Seattle. “This was a sensitive and difficult time for China,” said Mr Gao, pointing out that with the Cold War over, China emerged as the next natural ideological enemy for the US, even though its brand of “communism” was a world away from Soviet marxism.

3. Post 2001: After the September 11 attacks, the US reconciled to China, aware that Beijing was a valuable ally in the war against terror, since (a) China has a Western border with Afghanistan and (b) China is not ideological at all, unlike, say Islamic fundamentalists. In addition, China’s admission to the WTO had helped push the country forward economically and given it an incentive to play a bigger role on the world stage.

Last year, said Mr Gao, was a major year of transition. A year in which China fully turned from introverted to outward-looking. The old policy of remaining a humble and non-speaking partner is finally dead and China expressed its position strongly at every international summit, from the G20 to Copenhagen.

Nevertheless, it is clear that there have to be some structural changes in the CCP bureaucracy before foreign policy is given the role it deserves. For their part, Hu Jintao and Wen Jiabao have travelled abroad to cement business ties, rather than to play the grand game of international diplomacy.

Mr Gao pointed out that the Foreign minister, Yang Jiechi, is not even in the enlarged politburo. “There are two to three dozen officials higher up that him, compared to the US, where the Secretary of State is number two or three”, he said.

高志凯(Victor Gao),曾任邓小平的翻译,陪同参与了中国最早期的一些外事活动,包括1986年邓小平与时任纽约证券交易所所长的John
Phelan的会面。邓小平在该会议中决定中国也必须建立自己的证券市场。

高先生目前是北京股权投资基金协会的常务理事,还是中国国际关系学会的理事,同时也在摩根斯坦利,电讯盈科和中海油担任要职。

自然,还是高先生早期的中国外交工作经历和认知对我们这篇英国应如何处理对华关系的报道最有裨益。

高先生的观点是中国外交政策的发展历史在后毛泽东时代可以划分为三个阶段:

1. 1978年到1989年,在相对闭关锁国几十年后,邓小平打开了中国和外界交流的通道。在此期间,中国对美国政策的默许支持帮助实现了苏联瓦解和欧洲共产主义的终结。高先生称中美当时交换军事和政治方面的消息,美国甚至准备向华出售直升机和战斗机的指导技术。

2. 1989年到2001年,天安门事件之后,美国冷淡了与中国的关系。联合国通过了制裁中国的决议,并予以实施。1989到1993年,中美之间没有外交往来,直到1993年克林顿和江泽民在西雅图召开的欧佩克会议上的会面。“这对中国来说是一段敏感而困难的时期”,高指出,随着冷战的结束,中国自然而然成为了美国下一个意识形态方面的敌人,尽管中国的“共产主义”和苏联的马克思主义相去甚远。

3. 2001年至今,911之后,美国向中国递出了橄榄枝,冀望中国成为反恐战争中的重要伙伴,原因有二,一是中国西部和阿富汗接壤,其二,中国并没有极端的意识形态,例如伊斯兰原教旨主义。此外,中国加入世贸组织之后,国内经济有所推进,自然在国际事务上想扮演更重要的角色。

高先生认为去年是很关键的过渡转型的一年。在过去的一年里,中国由内向型主导完全转向了外向型发展。以前奉行的谦卑缄默的政策已经是过去式,取而代之的是在每一个国际峰会上,从G20到哥本哈根,都强调中国的地位和立场。

尽管如此,中共的官僚机构必须有所结构调整,以赋予其外交政策应得的地位。目前,胡锦涛和温家宝出访列国,只是为了加强经济纽带,而不是下国际外交这盘大棋。

高先生指出外交部长杨洁篪甚至不在扩大后的政治局名单中。“他的上面还有二三十位政府领导,而在美国国务卿是位列第二或者第三的。”

Written by malcolmmoore

January 6, 2010 at 3:41 pm

Did we mention the Opium War?

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On Tuesday, Akmal Shaikh, a 53-year-old Briton who was caught in Xinjiang with four kilograms of heroin in his bag, became the first European to be executed in China for 50 years.
Shaikh’s case has caused uproar in the UK, where campaigners say that he was mentally ill and manipulated into carrying the drugs into China.
After sustained media pressure (and remember that this is Christmas time, when big stories are thin on the ground and papers lap up any news), the case has now been turned into a diplomatic issue, with Ivan Lewis, a British Foreign Office minister, saying the Chinese had ignored 27 appeals from the UK to reconsider the case and perform a mental evaluation of Shaikh. In Pittsburgh, at the G20, Gordon Brown raised the case with Hu Jintao and then again in Copenhagen with Wen Jiabao.
Mr Lewis said he was “sick to my stomach” at the decision to go ahead and execute Shaikh without testing his sanity.
I don’t know whether Shaikh was mentally ill or not. We now will not ever know. However, the story of his life is a sad one. His wife refused to have anything to do with during his incarceration and does not want her name to be known.
He has not seen any of his three children in the UK for years and was also reportedly estranged from his two children in Poland. He had spent time living homeless. His songwriting ambitions and his rambling emails suggest, at best, that he was extremely eccentric.
Article 18 of the 1997 Criminal Code states that the courts must be lenient with suspects who are mentally incapacitated and therefore unaware of their actions. However, the court has discretion to decide whether or not a mental evaluation is necessary. Mentally-ill foreigners have been treated more leniently by courts in the past.
I would hazard a guess that the local court in Urumqi would have been under enormous pressure to convict Shaikh and not to search too hard for mitigating factors. He was carrying a huge haul of drugs, 80 times the quantity that would have qualified him for the death sentence.
Moreover, as the Chinese embassy pointed out, Shaikh had no record of mental illness. He had not been committed to an institution for treatment.
Whether or not Shaikh was mentally ill, the rhetoric from both the UK and China, and the lack of understanding on both sides, shows again how poor the relationship is between China and the West.
On the UK side, predictable articles condemning China for barbarism, including one in the Daily Mail which macabrely sketched out how Shaikh’s corneas would be removed for transplant, would be more forgiveable if the UK took a similar stance against the death penalty in other countries, such as, ahem, the United States.

The reaction from the Chinese, however, has been to raise the spectre of the Opium War and of colonial extraterritoriality, when British subjects were not subject to Chinese law. Since I arrived in China, nearly two years ago, I reckon I have heard the Opium War raised at least twice a week, either in the media or in conversations with Chinese. This war took place 170 years ago and it is time that people got over it. After all, there are far more recent tragedies that no one mentions.

The fact that the Chinese embassy feels the need to point out Britain’s history of colonial oppression, and to suggest that current policy is influenced by events in the far past, does it no favours at all in terms of building China’s “soft power”. It merely reinforces the idea that China is stridently nationalistic and determined to be unaccountable.

It would win more points by outlining the legal process which convicted Shaikh, and by pointing out that every death sentence in China is now examined by the Supreme Court, a recent reform which has led to a dramatic decrease in executions.


阿克毛.沙伊克,在新疆因随包携带四公斤海洛因而被捕的53岁英籍人士,成为中国50年来第一个被处以死刑的欧洲人。

阿克毛的案子在英国引起了地震,请愿者称其患有精神疾病,且是被哄骗携带毒品至中国的。
经受住了媒体的轰炸(注意这可是圣诞假期,没什么重大事情发生,报纸媒体渴求任何新闻),这个案子现在演变成了外交事件。英国外交部高官刘易斯宣称中国无视英方27次对此案宽大处理并进行精神疾鉴定的请求。在匹兹堡的G20峰会上,布朗首相就向胡锦涛主席提过此案,并且在之后的哥本哈根会议上再次向温家宝总理提及。
刘易斯称当听闻法院没有进行精神病鉴定就直接判刑并执行死刑时,“恶心的胃疼”。
我不知道阿克毛精神是否正常。现在我们再也无法得知了。然而,他的一生是个悲剧。在其监禁期间,他的妻子已和他断绝了关系,并坚持隐瞒姓名。
他和他在英国的三个孩子多年未见,并且有报道说他和他在波兰的两个孩子关系也疏远。他曾有一段时间露宿街头。他写词作曲的雄心和杂乱无章的邮件表明,至少,他是个极端怪异的人。
中国1997年的刑法十八条表明对于精神有障碍的嫌疑人应该从轻处罚,因其不能辨认自己的行为。但同时法院有决定是否进行精神病鉴定的自主权。在过去,精神有障碍的外籍人士在中国的法院有被从轻处罚的案例。
我敢臆断当初判决阿克毛时,乌鲁木齐当地法院是面临了巨大的压力,也不能够费力寻求折中的方案。因为阿克毛携带了巨量的毒品,为此够判80次死刑的。
就如中国大使馆所言,阿克毛并没有精神疾病方面的纪录。他也没去过相关的医疗机构接受治疗。
不管阿克毛有无精神疾病,中英双方的政治辞令交锋和就此案彼此间缺乏理解认同,彰显出了一直以来中国和西方的关系有多糟糕。
英国方面,当然会有文章谴责中国野蛮,包括每日邮报的一篇报道,甚为骇人地描画了阿克毛的眼角膜被摘取做移植手术。如果英国在对其它国家的死刑采取同样态度的话,例如,呃,美国,可能会得到中方的一些认同吧。
中国的反应,却是联想到了鸦片战争和殖民侵略,那时英国的人事是不受中国法律约束的。
我来到中国快有两年。记得最初我每隔两周就会听到鸦片战争的话题,在新闻报道里或是和中国人的谈话交流中。这场战争发生在170年前,是时候人们该淡忘了。事实上,很多近期的惨剧却无人提及。
中国大使馆觉得有必要提及英国的殖民侵略历史,表明目前的政策是受久远的历史事件影响的,这与中国增强软实力其实没有多少益处吧。这只能让人们加深对中国不可理喻的民族主义,并一意孤行的印象。

如果能公布审判裁决阿克毛的法律过程,指出现在中国的每一例死刑都要经过高院的审查,或许能赢得更多的赞同吧,毕竟这一近期的举措使得死刑率大幅下降。

Written by malcolmmoore

December 30, 2009 at 4:41 pm

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Liu Xiaobo court verdict

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Conviction of Liu Xiaobo for Incitement to Overthrow State Power, December 25, 2009
Chinese text from http://freemorenews.com/2009/12/26/liu-xiaobo-first-instance-verdict/
Beijing Municipality First Intermediate People’s Court Verdict in Criminal Case
(2009) First Intermediate Court No. 3901
Public Prosecutor: Beijing Municipality People’s Procuratorate First Branch.
The accused, Liu Xiaobo, male, 53 years old (born December 28, 1955), Han nationality, born in Changchun City, Jilin Province, doctoral student level education, unemployed, household registration at Qingchun Street No. 5, 2-1-2, Xigang District, Dalian City, Liaoning Province. Resides temporarily at No. 7 Xiancun, Bank of China dormitory Building 10, Unit 1, No. 502 in the Haidian District of Beijing Municipality. In January 1991, he committed the crime of making counter-revolutionary propaganda but escaped criminal punishment; in September 1996 because he disturbed the social order, he was sent to re-education through labor for three years. He was summoned for detention on December 8, 2008 on suspicion of incitement to overthrow state power and on December 9 put under residential surveillance. On June 23, 2009 he was arrested. He is now confined to Beijing Municipality Detention Center No. 1.
Defense counsel: Ting Xikui, a lawyer at the Beijing Mo Shaoping Law Office
Defense counsel: Shang Baojun, a lawyer at the Beijing Mo Shaoping Law Office
Beijing Municipality People’s Procuratorate First Branch in Beijing Procuratorate First Branch Criminal Prosecution Indictment (2009) 247 charged the accused Liu Xiaobo of the crime of incitement to overthrow state power and on December 10, 2009 filed the indictment in this court. This court according to law assembled the court and held an open court session to try the case. The Beijing Municipality People’s Procuratorate First Branch sent Prosecutor Zhang Rongge and Deputy Prosecutor Pan Xuechu to sustain the indictment. The defense counsel for the accused Liu Xiaobo, Ding Xikui and Shang Baojun came to court to participate in the hearing. The trial has now already concluded.
The Beijing Municipality People’s Procuratorate First Branch incitement accuses the defendant Liu Xiaobo has, due to his dissatisfaction with the people’s democratic dictatorship state power system and socialist system of our country, since 2005, through various Internet websites such as “Observe China” and the “BBC Chinese Net” published articles such as “The Dictatorial Patriotism of the Chinese Communist Party”, “How Can it be that Only Party-Guided Democracy is Suitable for the Chinese People?”, “Change the Political Regime by Changing Society”, “The Many Faces of the Chinese Communist Dictatorship”, “The Negative Effect of the Rise of a Dictatorship on World Democratization”, “Inquiring Further into the Case of the Child Slaves of the Black Kilns”, and other inflammatory articles. The articles instigate rumors and libels such as “Since the Communist Party took power, the top priority of Communist dictators has been their own power and what they care least about is human life”; “The Chinese communist dictatorial state power promotes patriotism for officials, and the absurd theory of a party that takes the place of the state. What patriotism has become in effect is the call the people to love the dictatorial government power, to love the dictatorial party, to love the dictator. This is simply stealing the name of patriotism to create a reality that brings calamity to the country and to the people. “; “All the methods of the Chinese communists are based on a plan to support the rule and interests of the dictators, but there is no hope for them to continue for long since countless cracks have already appeared in the edifice of their dictatorship.” “Expecting a free China to appear from the “new policies” of the rulers is far less likely that hoping for it to come through the steady expansion of ‘new forces’ among the people.” Just as strong are these incitements: “Change the Society to Change the Regime”, and “Expecting a free China to appear from the “new policies” of the rulers is far less likely that hoping for it to come through the steady expansion of “new forces” among the people.”
Between September and December 2008, the defendant Liu Xiaobo colluded with others to draft and concoct the “Charter 08”, that proposed views such as “eliminate the monopoly of one party on the exercise of political power”, “to create a Chinese federation under the framework of democratic constitutional system of governance”, seeking to incite the overthrow of state power. Liu Xiaobo collected the signatures of over 300 people and sent “Charter 08” together with the signatures in an email to websites outside of the borders of mainland China publish it on websites outside the borders of mainland China such as “Democratic China” and “The Independent Chinese Pen Association”.
After Liu Xiaobo committed this offense, he was tracked down and brought to justice.
The Beijing Municipality Procuratorate First Branch provided to this court testimony of witnesses as to the guilt of of the defendant Liu Xiaobo. This included evidence such as the on scene investigation, the record of the investigation and electronic data that had been verified by the experts. The Beijing Municipality Procuratorate First Branch was convinced that the defendant Liu Xiaobo’s behavior violated section 105 part two of the “Criminal Code of the PRC”, and constituted incitement to the overthrow of state power, a serious offense. The Procuratorate handed the case over to this court for judgment according to the law.
The defendant Liu Xiaobo during the trial said that he was not guilty and that he was merely exercising the constitutional right of all citizens to free speech. The criticisms he expressed did not any actual harm to anyone and is not incitement to overthrow state power.
Counsel for the defendant Liu Xiaobo argued that the six articles written by Liu Xiaobo mentioned in the indictment and “Charter 08” did not create rumors or libels and did not insult anyone. Moreover, said counsel, the articles published by Liu Xiaobo fall within the scope of the free speech of a citizen, expressing personal opinions and do not constitute incitement to overthrow state power.
During the trial it became clear that the defendant Liu Xiaobo, due to his dissatisfaction with the people’s democratic dictatorship and socialist systems of our country, between October 2005 and August 2007, at his temporary residence at No. 7 Xiancun, Bank of China dormitory Building 10, Unit 1, No. 502 in the Haidian District of Beijing Municipality, wrote and published articles on websites such as “Observe China” and “BBC Chinese Language Net”. On multiple occasions, he incited the overthrow of our country’s political system and the socialist system. Liu Xiaobo in his articles “The Dictatorial Patriotism of the Chinese Communists”, “How Could it Be That the Chinese People Are Only Suited to ‘Party-Guided Democracy'”, “Change the Political Regime by Changing Society”, “The Many Faces of the Chinese Communist Dictatorship”, “The Negative Effect of the Rise of a Dictatorship on World Democratization”, and “Inquiring Further into the Case of the Child Slaves of the Black Kilns” slandered the Chinese Communist Party. He made statements in these articles such as “Since the Communist Party took power, the top priority of Communist dictators has been their own power and what they care least about is human life”; “The Chinese communist dictatorial state power promotes patriotism for officials, and the absurd theory of a party that takes the place of the state. What patriotism has become in calling on the people to love the dictatorial regime, to love the dictatorial party, and to love the dictator. This is simply stealing the name of patriotism to create a reality that brings calamity to the country and to the people. “; “All the methods of the Chinese communists are based on a plan to support the rule and interests of the dictators, but there is no hope for them to continue for long since countless cracks have already appeared in the edifice of their dictatorship.” Equally as inciting are the statements “Expecting a free China to appear from the “new policies” of the rulers is far less likely that placing hope in its emergence through the steady expansion of “new forces” among the people.”
Between September and December 2008, the defendant Liu Xiaobo colluded with others to draft a document entitled “Charter 08”. That document proposed to “eliminate the monopoly of one party on the exercise of political power”, “to create a Chinese federation under the framework of democratic constitutional system of governance” and other incitements. Liu Xiaobo colluded with others to collect the signatures of 300 people and then sent “Charter 08” together with the signatures in an email to websites outside of the borders of mainland China and released it on websites outside the borders of mainland China such as “Democratic China” and “The Independent Chinese Pen Association”. The documents mentioned above that Liu Xiaobo put on websites were linked to and copied to other websites and viewed by many people.
The accused Liu Xiaobo after he committed this crime was investigated and brought to justice.
The facts above were proved during the trial. The evidence presented has been shown to be true and this court affirms that the following has been demonstrated to be true:
1. The testimony of the witness Liu Xia proves: She is the wife of Liu Xiaobo and lived together with him at No. 7 Xiancun, Bank of China dormitory Building 10, Unit 1, No. 502 in the Haidian District of Beijing Municipality, that there are three computers in the home, one a desktop and other two are notebooks. Because she doesn’t understand anything about computers. Liu Xiaobo uses the computer mainly to write articles and to go on-line. Only two people, herself and Liu Xiaobo, live in the home, no-one lives with them. Only very seldom do guests come to visit — when Liu Xiaobo participates in a meeting, it is almost always outside his home. She doesn’t know how the computer connects to the Internet. Liu Xiaobo arranged for the Internet connection in late 2001. Their income comes chiefly from what Liu Xiaobo earns from his writings. Liu Xiaobo opened an account at the bank in her name. Deposits to the account for Liu Xiaobo’s writings come irregularly. Every month she goes to the bank at irregular intervals to withdraw money.
2. The Beijing and Muxi branches of the Bank of China, Ltd. provided the “evidence of opening an account” and “bank money order receipt” that prove that Liu Xiaobo’s wife Liu Xia went to the bank to receive and withdraw money orders (in foreign currency) coming from outside the borders of mainland China.
3. China United Network Communication Co., Ltd. Beijing subsidiary provided a “Reply to a request for assistance in conducting an examination of digital data”. This proves: Liu Xiaobo used an ADSL account, and a record of his having gone on-line.
4. The testimony of the witness Zhang Zuhua proves: she together with Liu Xiaobo at the end of 2008 drafted and completed “Charter 08”. She also collected signatures. Thereafter, Liu Xiaobo published “Charter 08” on websites outside the borders of mainland China.
5. The testimony of the witness He Yongqin proves: in early December 2008, he received an email from Liu Xiaobo contained “Charter 08”. Liu Xiaobo let him see it and sign it if he wants. After reading the email, he replied to Liu Xiaobo that he agreed to sign it.
6. The testimony of the witness Zhao Shiying proves: that in October 2008, Liu Xiaobo sent “Charter 08” to him through the Internet and asked for his advice on revising it, and asked that he find other people willing to sign it. At a meeting, Zhao showed “Charter 08” to over ten people. Four of them said that there were willing to sign it. Liu Xiabo through the Internet also asked him to go to Guangzhou to collect signatures. In Guangzhou, he collected five signatures.
7. The testimony of the witness Yao Bo proves: that in October 2008, when Liu Xiaobo met him, and discussed the charter with him, and he agreed to sign it.
8. The testimony of the witness Zhou Duo proves: that one day in November 2008, Liu Xiaobo went to his home to show him the draft of “Charter 08”, and asked for his help in revising it. After Liu Xiaobo left, he looked over the draft but did not revise it. He did not sign at that time, but later he saw the Charter on-line had his signature.
9. The testimony of the witness Fan Chunsan proves: that in late October 2008, when we was eating with Liu Xiaobo and others, Liu Xiaobo took out a copy of “Charter 08” for him to read. When Liu Xiaobo asked him whether or not he would sign it, he agreed to sign it. He knew that Liu Xiaobo has published this document already on websites outside the borders of mainland China such as “Boxun”, “The Independent Chinese Pen Association”. He had also read it on-line and knew that the Liu Xiaobo’s document was of the kind that criticized contemporary politics.
10. The testimony of the witnesses Xu Junliang, Zhi Xiaomin and Teng Biao prove: that in November and December 2008, they received in their e-mail mailboxes “Charter 08” but did not know who had sent it. They each signed “Charter 08” and sent it back to the mailbox they had received it from.
11. The testimony of the witness Wang Zhongxia proves: that in December 2008, after reading “Charter 08” on-line, he found that he agreed with it and signed it. Later, he had printed some “Charter 08” shirts and wore it himself and gave to other people to wear in order to publicize “Charter 08”.
12. The “investigation record” of Public Security organs and material evidence photographs of December 8, 2008 prove: that relying on the testimony of witnesses, Public Security searched Liu Xiaobo’s residence at No. 7 Xiancun, Bank of China dormitory Building 10, Unit 1, No. 502 in the Haidian District of Beijing Municipality, found and took into custody the tools that Liu Xiaobo used to write the documents and to send them to websites — two notebook computers, one desktop computer, and one copy of a printed document “Charter 08 — Request for Comments”.
13. The Beijing Municipality Networking Industry Association Forensic Electronic Data Center provided a “Judicial Testimony Opinion Document” proves: that on December 13, 2008, according to a forensic examination of the data stored on the three computers that authenticated the discovery of the electronic documents “The Dictatorial Patriotism of the Chinese Communist Party”, “How Can it be that Only Party-Guided Democracy is Suitable for the Chinese People?”, “Change the Political Regime by Changing Society”, “The Many Faces of the Chinese Communist Dictatorship”, “The Negative Effect of the Rise of a Dictatorship on World Democratization”, “Inquiring Further into the Case of the Child Slaves of the Black Kilns” and “Charter 08”. In the records of the software “Skype” on his computer were found and recorded from the software a record of multiple emails that he sent from November to December 8, 2008 multiple emails were sent containing “Charter 08” and the “request for comments” document.
14. The on the scene investigation by the Public Security organs, and record of the investigation and the explanation of the work proves:
The Beijing Municipality Public Security Public Information Network Security and Supervision Office First Detachment on December 19 – 23 discovered and downloaded the document signed “Liu Xiaobo” entitled “Liu Xiaobo The Dictatorial Patriotism of the Chinese Communist Party”. The document resided on a website with the domain name epochtimes.com. The website server is outside the borders of mainland China. The document was marked as having been published on October 4, 2005. That document as of December 23, 2008 links were found to five websites that had either published or republished that document.
Between December 19, 2008 and August 3, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document signed “Liu Xiaobo” entitled “Liu Xiaobo How Can it be that Only ‘Party Guided Democracy’ is Suitable for the Chinese People?”. That document resided on the websites with the domain names epochtimes.com (The Epoch Times) and http://www.observechina.net (Observe China). Both website servers are outside the borders of mainland China. The document is marked published on January 5, 2006 and January 6, 2006. This document as of December 23, 2008 had been published or republished on five websites and had a total of 402 hits.
Between December 19, 2008 and August 3, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document signed “Liu Xiaobo” entitled “Liu Xiaobo Change the Political Regime by Changing Society”. That document resided on the websites with the domain names epochtimes.com (The Epoch Times) and http://www.observechina.net (Observe China). Both website servers are outside the border of mainland China. The document is marked published on February 26, 2006 and February 27, 2006. This document as of December 23, 2008 had been published or republished on five websites and had a total of 748 hits.
Between December 19, 2008 and August 3, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document signed “Liu Xiaobo” entitled “Liu Xiaobo The Many Faces of the Chinese Communist Dictatorship”. That document resided on the websites with the domain names http://www.secretchina.com (Secret China) and http://www.observechina.net (Observe China). Both website servers are outside the border of mainland China. The document is marked published on March 13, 2006. This document as of December 23, 2008 had been published or republished on six websites and had a total of 512 hits.
Between December 20, 2008 and August 3, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document signed “Liu Xiaobo” entitled “Liu Xiaobo The Negative Effect of the Rise of a Dictatorship on World Democratization”. That document resided on a website with the domain name http://www.secretchina.com (Secret China). The website server is outside the borders of mainland China. The document is marked published on May 7, 2006. This document as of December 23, 2008 had been published or republished on seven websites and had a total of 57 hits.
Between December 20, 2008 and August 3, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document signed “Liu Xiaobo” entitled “Liu Xiaobo Persisting with a Deeper Inquiry into the Case of the Child Slaves of the Black Kilns”. That document resided on websites with the domain names http://www.minzhuzhongguo.org (Democratic China) and http://www.renyurenquan.org (Human Rights in China). Both website servers are outside the border of mainland China. The document is marked published on August 1, 2007. This document as of December 23, 2008 had been published or republished on eight websites and had a total of 488 hits.
On December 11, 2008, Beijing Municipality Public Security Public Information Network Security and Supervision Officer First Detachment founded and downloaded from the Internet a document entitled “Charter 08”. That document resided on the website with the domain name http://www.chinesepen.org (The Independent Chinese Pen Center). The website server is outside the borders of mainland China. The document is marked published on December 9, 2008 and is signed by a group of people. The same day, a document entitled “Chinese People From All Walks of Life Join Together to Issue Charter 08” was found and downloaded from the websites with the domain names boxun.com and http://www.minzhuzhongguo.org (Democratic China). Both of the website servers are located outside the boundaries of China and show publication dates of December 8, 2008 and December 12, 2008. This document as of December 12, 2008 had been published or republished on 33 websites including 19 outside the borders of mainland China and had a total of 5154 hits and 158 replies. On December 9, 2008, it was found that the website with the domain name http://www.2008xianzhang.info (Charter 08) had as of December 9, 2009 the signatures of 10,390 people who had signed “Charter 08”.
The Beijing Municipality Public Security Public Information Network Security and Supervision Office investigated Liu Xiaobo’s e-mails and as a result of that examination found that Liu Xiaobo’s email mailbox is located outside the borders of mainland China. After using a password to get into that mailbox to check it, it was found that the earliest email sent from that mail box was dated November 25, 2008 and that 30 of the sent emails included “Charter 08”.
15. Liu Xiaobo’s signature in acknowledgement proves: that Liu Xiaobo confirmed the authenticity of documents downloaded and saved by the Public Security network monitoring and control departments “Liu Xiaobo The Dictatorial Patriotism of the Chinese Communist Party”, “Liu Xiaobo How Can it be that Only Party Democracy is Suitable for the Chinese People?”, “Liu Xiaobo Change the Political Regime by Changing Society”, “Liu Xiaobo The Many Faces of the Chinese Communist Dictatorship”, “Liu Xiaobo The Negative Effect of the Rise of a Dictatorship on World Democratization”, “Liu Xiaobo Enquiring Further into the Case of the Child Slaves of the Black Kilns”. Liu Xiaobo acknowledges that the documents in question were written by him and then published on the Internet. The evidence presented about demonstrate that those documents acknowledged by Liu Xiaobo contain inciting speech.
16. The defendant Liu Xiaobo’s deposition proves: that Liu Xiaobo deposes that he used his computer to write and then publish on the Internet the documents described above. Liu Xiaobo and the evidence presented above are mutually confirmatory.
17. The account that the Public Security organs provided on the progress of the case proves: that Public Security on the evening of December 8, 2008 went to Liu Xiaobo’s residence at No. 7 Xiancun, Bank of China dormitory Building 10, Unit 1, No. 502 in the Haidian District of Beijing Municipality in order to arrest Liu Xiaobo.
18. The previous “criminal verdict document” issued by the Beijing Municipality Intermediate Court (1990) Criminal Case 2373, the Beijing Municipality People’s Government Re-education Through Labor Management Committee (96) Beijing Labor Case No. 3400 “Decision on Re-education Through Labor”, proves: that Liu Xiaobo on January 26, 1991 although he committed the crime of making counter-revolutionary inciting propaganda was not given a criminal punishment; and that on September 26, 1996 because he had disturbed social order, his case was handled by giving him three years of re-education through labor.
19. Identification provided by the Public Security organs prove: that the name, residence and other information of the defendant Liu Xiaobo.
This court believes that the defendant Liu Xiaobo with the purpose of incitement to overthrow our country’s people’s democratic dictatorship system and socialist system, used the Internet to distribute his document because of its rapid speed, great scope, large social influence and the attention to which the people pay to it. He wrote the documents and used the Internet to publish it in order to slander and urge other people to overthrow our country’s people’s democratic dictatorship system and socialist system. This conduct already constitutes the crime of incitement to overthrow state power. Moreover, he has been committing this crime for a long while and the subjective evil caused is great. The published documents have been spread through links and republishing. People read them and they have a bad effect. This is the crime of a major criminal and should be severely punished according to law.
The Beijing Municipality First Intermediate Court First Branch believes that the facts are clear and the evidence has been confirmed that the defendant Liu Xiaobo committed the crime of incitement to overthrow and so he is found guilty of the crime for which he has been charged. As for the views presented by Liu Xiaobo and his defense counsel in court, the court found through its examination that the facts and evidence are sufficiently prove that Liu Xiaobo made use the characteristics of the Internet as a communications medium, by publishing slanderous documents on the Internet, to carry out his action of inciting the overthrow of our country’s people’s democratic dictatorship system and the socialist system. The actions of Liu Xiaobo are beyond the scope of freedom of speech and constitute a crime. Therefore, the pleas presented by Liu Xiaobo and his defense counsel cannot be established and this court does not accept them. According to the facts and nature of the crime committed by the defendant Liu Xiaobo, the circumstances, and the harm that has been done to society, this court according to Chapter 105, Section two; Chapter 55, Section one; Chapter 56, Section one, and Chapter 64 of the Criminal Code of the PRC, makes the following verdict:
The defendant Liu Xiaobo, for the crime of incitement to overthrow state power, is sentenced to prison for eleven years and deprivation of political rights for two years. (The sentence is to be served from the day of sentencing, with deduction for time in confinement on a day for day basis, that is from June 23, 2006 to June 21, 2020.)
All the materials that Liu Xiaobo used to commit the crime are to be confiscated (list follows).
If the defendant does not accept this judgment, an appeal can be made between two days and ten days after the issuance of this verdict, either through this court or directly to the Beijing Municipality Superior Court. The appeal should be accompanied by an original of this verdict together with two copies.
Jia Lianchun, Chief Judge
Bang Jiaowei, Assistant judge
Zhai Changxi, Assistant judge
December 25, 2009
Gu Xin, Court Clerk
The items confiscated when taken into custody are to be forfeited:
Notebook computer (IBM model T43), one
Notebook computer (Lianxiang model Chaoyang 700 CFe), one
Desktop computer (Lianxiang model Jiayue), one
“Charter 08 request for comments draft (sealed together with the court papers), 7 pages+

北京市第一中级人民法院刑事判决书

(2009)一中刑初字第3901号

公诉机关北京市人民检察院第一分院。

被告人刘晓波,男,53岁(1955年12月28日出生),汉族,出生土吉林省长春市,博士研究生文化,无业,户籍所在地辽寧省大连市西岗区青春街5号2-1-2号,暂住北京市海淀区七贤村中国银行宿舍10号楼1单元502号。1991年1月因犯反革命宣传煽动罪被免予刑事处分;1996年9月因扰乱社会秩序被处劳动教养三年。因涉嫌犯煽动颠覆国家政权罪于2008年12月8日被拘传,12月9日被监视居住,2009年6月23日被逮捕。现羈押在北京市第一看守所。

辩护人丁锡奎,北京莫少平律师事务所律师。

辩护人尚宝军,北京莫少平律师事务所律师。

北京市人民检察院第一分院以京一分检刑诉(2009)247号起诉书指控被告人刘晓波犯煽动颠覆国家政权罪,于2009年12月10日向本院提起公诉。本院依法组成合议庭,公开开庭进行了审理,北京市人民检察院第一分院指派检察员张荣革、代理检察员潘雪楮出庭支持公诉,被告人刘晓波及其辩护人丁锡奎、尚宝军到庭参加诉讼。现已审理终结。

北京市人民检察院第一分院起诉书指控,被告人刘晓波出于对我国人民民主专政的国家政权和社会主义制度的不满,自2005年以来,通过互联网先后在“观察”、“BBC中文网”等境外网站上发表《中共的独裁爱国主义》、《难道中国人只配接受“党主民主”》、《通过改变社会来改变政权》、《多面的中共独裁》、《独裁崛起对世界民主化的负面效应》、《对黑窑童奴案的继续追问》等煽动性文章。在文章中造谣、诽谤︰“自从中共掌权以来,中共歷代独裁者最在乎的是手中的权力,而最不在乎的就是人的生命”;“中共独裁政权提倡的官方爱国主义,是‘以党代国’体制的谬论,爱国的实质是要求人民爱独裁政权、爱独裁党、爱独裁者,是盗用爱国主义之名而行祸国殃民之实”;“中共的这一切手段,都是独裁者维持最后统治的权宜之计,根本无法长久地支撑这座已经出现无数裂痕的独裁大厦”。并煽动︰ “通过改变社会来改变政权”;“自由中国的出现,与其寄希望于统治者的‘新政’,远不如寄希望于民间‘新力量’的不断扩张”。

2008年9月至12月间,被告人刘晓波还伙同他人起草、炮制了《零八宪章》,提出“取消一党垄断执政特权”、“在民主宪政的架构下建立中华联邦共和国”等多项主张,试图煽动颠覆现政权。刘晓波在征集三百余人签名后,将《零八宪章》及签名用电子邮件发给境外网站,在“民主中国”、“独立中文笔会”等境外网站上公开发表。

被告人刘晓波作案后被查获归案。

北京市人民检察院第一分院向本院向本院移送了指控被告人刘晓波犯罪的证人证言,现场勘验、检查笔录,电子数据司法鉴定意见书等证据。认為被告人刘晓波的行為触犯了《中华人民共和国刑法》第一百零五条第二款之规定,已构成煽动颠覆国家政权罪,罪行重大。提请本院依法判处。

被告人刘晓波在法庭审理中辩称︰自己无罪,自己只是行使宪法赋予公民言论自由的权利,自己所发表的批评性言论,并未给他人带来实际损害,也没有煽动颠覆国家政权。

被告人刘晓波的辩护人在法庭审理中提出的辩护意见是︰公诉机关指控刘晓波撰写的六篇文章及《零八宪章》没有造谣、诽谤、诬蔑的内容。刘晓波所发表的文章属于公民言论自由、表达个人观点的范畴,不构成煽动颠覆国家政权罪。

经审理查明,被告人刘晓波出于对我国人民民主专政的国家政权和社会主义制度的不满,于2005年10月至2007年8月间,在其暂住处北京市海淀区七贤村中国银行宿舍10号楼1单元502号,以撰写并在互联网“观察”、“BBC中文网”等网站发表文章的方式,多次煽动他人颠覆我国国家政权和社会主义制度。刘晓波在发表的《中共的独裁爱国主义》、《难道中国人只配接受“党主民主”》、《通过改变社会来改变政权》、《多面的中共独裁》、《独裁崛起对世界民主化的负面效应》、《对黑窑童奴案的继续追问》文章中诽谤︰“自从中共掌权以来,中共歷代独裁者最在乎的是手中的权力,而最不在乎的就是人的生命”;“中共独裁政权提倡的官方爱国主义,是‘以党代国’体制的谬论,爱国的实质是要求人民爱独裁政权、爱独裁党、爱独裁者,是盗用爱国主义之名而行祸国殃民之实”;“中共的这一切手段,都是独裁者维持最后统治的权宜之计,根本无法长久地支撑这座已经出现无数裂痕的独裁大厦”。并煽动︰“通过改变社会来改变政权”;“自由中国的出现,与其寄希望于统治者的‘新政’,远不如寄希望于民间‘新力量’的不断扩张”。

2008年9月至12月间,刘晓波又伙同他人撰写了题為《零八宪章》的文章,提出“取消一党垄断执政特权”、“在民主宪政的架构下建立中华联邦共和国”等多项煽动性主张。刘晓波伙同他人在征集三百余人对文章的签名后,将《零八宪章》及签名用电子邮件发给境外网站,在“民主中国”、“独立中文笔会”等境外网站上公开发布。刘晓波在互联网站发布的上述文章,被多家网站链接、转载并被多人瀏览。

被告人刘晓波作案后被查获归案。

上述事实,有下列经庭审举证、质证的证据在案证实,本院予以确认。

1、证人刘霞的证言证明︰她是刘晓波的妻子,与刘晓波共同居住在北京市海淀区七贤村中国银行宿舍10号楼1单元502号,家中一共有三台电脑,其中一个台式机,两个笔记本电脑。因為她根本不懂电脑。刘晓波使用电脑主要是写文章和上网,家里只有她和刘晓波两个人单独住,没有其他人,平时家里也不怎幺来客人,刘晓波有聚会也基本都是到外面去。家里的电脑以什幺形式上网她不清楚,是2001年底刘晓波联系安装的。她和刘晓波平日的生活来源就是刘晓波写东西的稿费,刘晓波在银行以她的名字开户,稿费不定期的匯到帐户里,她每月不定期的去银行取钱。

2、中国银行股份有限公司北京市分行和木樨地支行出具的《开户证明》和《银行匯款单据》证明︰刘晓波的妻子刘霞的银行账户接收和支取过境外匯款(外币)。

3、中国联合网络通信有限公司北京市分公司出具的《关于协助对相关数据进行调查的復函》证明︰刘晓波使用的ABSL账号,有上网记录。

4、证人张祖樺的证言证明︰他与刘晓波于2008年年底共同制作完成了《零八宪章》,他也征集了签名,后刘晓波将《零八宪章》发表在境外网站。

5、证人何永勤的证言证明︰2008年12月初,他收到刘晓波发的《零八宪章》的电子邮件,刘晓波让他看后签名,他看后以电子邮件形式回復刘晓波,表示同意签名。

6、证人赵世英的证言证明︰2008年10月份,刘晓波通过网络向他传送了宪章,并征求他的修改意见,让他寻找别人签名,他在一次聚会上拿出宪章给聚会的十多人传看,有四人表示愿签名。刘晓波还通过网络让他到广州征集签名,他到广州征集了五人签名。

7、证人姚博的证言证明︰2008年10月份,刘晓波在一次与他见面时,跟他说了宪章的事,他同意在宪章后签名。

8、证人周舵的证言证明︰2008年11月份的一天,刘晓波到他家给他看了《零八宪章》的文稿,让他帮助修改。刘晓波走后他看了文稿,但没修改。当时没谈签名的事,可后来在网上看到宪章时有他的签名。

9、证人范春三的证言证明︰2008年11月底,他和刘晓波等人一起吃饭时,刘晓波拿出《零八宪章》给他看了,刘晓波问他是否签名,他同意签名。他知道刘晓波在境外的“博讯”、“独立中文笔会”等网站上发表文章,也在网上看到过,刘晓波写的文章内容都是时政评论类的。

10、证人徐君亮、智效民、滕彪的证言证明︰2008年11月至12月间,他们的电子邮箱先后接收到电子邮件《零八宪章》,不知是谁发给他们的,他们分别签名后将《零八宪章》发回了原邮箱。

11、证人王仲夏的证人证言证明︰2008年12月份,他在网上看到了《零八宪章》,他认同文章内容签了名。后他印制了一些《零八宪章》的文化衫,想自己穿和送给别人穿,宣传《零八宪章》。

12、公安机关出具的《搜查笔录》及物证照片证明︰2008年12月8日,公安机关在见证人的见证下,对刘晓波的居住地北京市海淀区七贤村中国银行宿舍10号楼1单元502号进行了搜查,发现并扣压了刘晓波撰写并发送文章到互联网上的工具二台笔记本电脑、一台台式电脑和一份《零八宪章》(征求意见稿)的打印件。

13、北京市网络行业协会电子数据司法鉴定中心出具的《司法鉴定意见书》证明︰2008年12月13日对搜查起获的刘晓波的三台电脑内存储的数据进行了电子数据司法鉴定,鉴定中发现、提取到电子文本《中共的独裁爱国主义》、《难道中国人只配接受“党主民主”》、《通过改变社会来改变政权》、《多面的中共独裁》、《独裁崛起对世界民主化的负面效应》、《对黑窑童奴案的继续追问》和《零八宪章》。

在电脑中的SKYPE聊天软件记录信息中,发现、提取该软件自2008年11月至12月8日间多次发送《零八宪章》及其“征求意见文本”的记录。

14、公安机关出具的现场勘验、检查笔录及工作说明证明︰

(1)2008年12月19日至2008年12月23日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰中共的独裁爱国主义》,该文章存在于域名為epochtimes.com(大纪元)的网站,该网站服务器位于境外。文章显示发布时间為2005年10月4日。该文章截止至2008年12月23日,在互联网上存在登载或转载该文章的网页链接共计5个。

(2)2008年12月19日至2009年8月3日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰难道中国人只配接受“党主民主”》, 该文章存在于域名為epochtimes.com(大纪元)和域名為http://www.obseruechina.net/(观察)的网站,网站服务器均位于境外,文章显示发布时间為2006年1月5日和2006年1月6日。该文章截止至2008年12月23日,在互联网上共存在登载或转载该文章的网页链接共计5个,总点击率402次。

(3)、2008年12月20日至2009年8月3日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰通过改变社会来改变政权》, 该文章存在于域名為epochtimes.com(大纪元)和域名為http://www.obseruechina.net/(观察)的网站,网站服务器均位于境外,文章显示发布时间為2006年2月26日和2006年2月27日。该文章截止至2008年12月23日,在互联网上存在登载或转载文章的网页链接共计5个,总点击率748次。

(4)2008年12月20日至2009年8月3日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰多面的中共独裁》, 该文章存在于域名為http://www.secretchina.com/(看中国)和域名為http://www.obseruechina.net/(观察)的网站,网站服务器均位于境外,文章显示发布时间為2006年3月13日。该文章截止至2008年12月23日,在互联网上存在登载或转载文章的网页链接共计6个,总点击率512次。

(5)2008年12月20日至2009年8月3日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰独裁崛起对世界民主化的负面效应》, 该文章存在于域名為http://www.secretchina.com/(看中国)的网站,网站服务器位于境外,文章显示发布时间為2006年5月7日。该文章截止至2008年12月23日,在互联网上存在登载或转载该文章的网页链接共计7个,总点击率57次。

(6)2008年12月20日至2009年8月3日,北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了暑名“刘晓波”的文章《刘晓波︰对黑窑童奴案的继续追问》, 该文章存在于域名為http://www.minzhuzhongguo.org/(民主中国)和域名為http://www.renyurenquan.org/(人与人权)的网站,网站服务器均位于境外,文章显示发布时间為2007年8月1日。该文章截止至2008年12月23日,在互联网上存在登载或转载文章的网页链接共计8个,总点击率488次。

(7)2008年12月11日北京市公安局公共信息网络安全监察处一大队,在互联网上发现并下载了标题為《零八宪章》的文章, 该文章存在于域名為http://www.chinesepen.org/(独立中文笔会)的网站,该网站服务器位于境外,显示网络发布时间為2008年12月9日,作者署名為公民群体。同日在域名為boxun.com(博讯)和域名為http://www.minzhuzhongguo.org/(民主中国)的网站,发现并下载了标题為《中国各界人士联合发布<零八宪章>》,网站服务器均位于境外,文章显示发布时间為2008年12月8日和2008年12月9日。上述文章截止至2008年12月12日,在互联网上存在登载或转载该文章的网页链接共计33个,其中境外网站19篇,总点击率5154次,回復158篇。2009年12月9日,在域名為http://www.2008xianzhang.info/(零八宪章)的互联网站发现该网站首页显示截止至2009年12月9日,《零八宪章》签名共计10390人。

(8)、2009年8月14日北京市公安局公共信息网络安全监察处对刘晓波使用的电子邮件进行了核查,经查,刘晓波使用的邮箱属境外,通过密码登录邮箱中核实,邮箱发件箱中最早发件时间為2008-11-25,发送的邮件中有30封涉及发送《零八宪章》。

15、刘晓波签字确认的文章证明︰刘晓波对公安机关网络监管部门下载、保存的文章《刘晓波︰中共的独裁爱国主义》、《刘晓波︰难道中国人只配接受“党主民主”》、《 刘晓波︰通过改变社会来改变政权》、《刘晓波︰多面的中共独裁》、《刘晓波︰独裁崛起对世界民主化的负面效应》、《刘晓波︰对黑窑童奴案的继续追问》、《零八宪章》及从其电脑中提取的电子文本《中共的独裁爱国主义》、《难道中国人只配接受“党主民主”》、《通过改变社会来改变政权》、《多面的中共独裁》、《独裁崛起对世界民主化的负面效应》、《对黑窑童奴案的继续追问》进行了辨认,刘晓波确认辨论的文章是其撰写并发布到互联网上的文章。刘晓波辨论并签字确认的文章,有上述事实认定的煽动性言论。

16、被告人刘晓波的供诉证明︰刘晓波供认其使用电脑撰写上述文章并发布在互联网站上,刘晓波的供述与上述证据可相互印证。

17、公安机关出具的到案经过证明︰北京市公安局于2008年12月8日晚,到刘晓波的住处北京市海淀区七贤村中国银行宿舍10号楼1单元502号将刘晓波抓获。

18、原北京市中级人民法院(1990)中刑字第2373号《刑事判决书》、北京市人民政府劳动教养管理委员会(96)京劳省字第3400号《劳动教养决定书》证明︰刘晓波于1991年1月26日因犯反革命宣传煽动罪被免予刑事处分;1996年9月26日因扰乱社会秩序被处劳动教养三年。

19、公安机关出具的身份证明材料证明了被告人刘晓波的姓名、住址等身份情况。

本院认為,被告人刘晓波以推翻我国人民民主专政的国家政权和社会主义制度為目的,利用互联网传递信息快、传播范围广、社会影响大、公眾关注度高的特点,采用撰写并在互联网上发布文章的方式,诽谤并煽动他人推翻我国国家政权和社会主义制度,其行為已构成煽动颠覆国家政权罪,且犯罪时间长,主观恶性大,发布的文章被广為链接、转载、瀏览,影响恶劣,属罪行重大的犯罪分子,依法应予从严惩处。北京市人民检察院第一分院指控被告人刘晓波犯煽动颠覆国家政权罪的事实清楚、证据确实、充分,指控罪名成立。对于被告人刘晓波在法庭审理中提出的辩解及其辩护人发表的辩护意见,经查,本案庭审查明的事实和证据,已充分证明刘晓波利用互联网的传媒特点,以在互联网上发表诽谤性文章的方式,实施煽动颠覆我国国家政权和社会制度的行為,刘晓波的行為显已超出言论自由的范畴,构成犯罪。故刘晓波的上述辩护及其辩护人发表的辩护意见均不能成立,本院不予采纳。根据被告人刘晓波犯罪的事实、性质、情节和对于社会的危害程度,本院依照《中华人民共和国刑法》第一百零五条第二款、第五十五条第一款、第五十六条第一款、第六十四条之规定,判决如下︰

一、 被告人刘晓波犯煽动颠覆国家政权罪,判处有期徒刑十一年,剥夺政治权利二年。

(刑期从判决执行之日起计算,判决执行以前先行羈押的,羈押一日折抵刑期一日,即自2009年6月23日起至2020年6月21日止。)

二、 随案移送的刘晓波犯罪所用物品予以没收(请担负后)。

如不服本判决,可在接到本判决书的第二日起十日内,通过本院或直接向北京市高级人民法院提出上述。书面上述的应提交上述状正本一份,副本二份。

审判长贾连春代理审判员郑文伟翟长璽

二****九年十二月二十五日

书记员顾昕

扣押物品处理清单

先烈物品予以没收︰

1、 笔记本电脑(IBM牌T43型)1台

2、 笔记本电脑(联想牌朝阳700Cfe)1台

3、 台式电脑(联想牌家悦型)1台

《零八宪章》征求意见稿(随案卷封存)7页

Written by malcolmmoore

December 30, 2009 at 11:49 am

Posted in Uncategorized

Tagged with ,

Is Shanghainese making a come-back?

with one comment

December 15, 2009
Shanghai
ANY_CHARACTER_HERE
We’re working on a piece about Shanghai’s local dialect, so we drove out to deepest Pudong to visit the Modern Baby kindergarten. Opened three years ago, by Ling Jie, it was the first kindergarten in the city to teach its pupils Shanghainese. The kids spend three days a week being taught in Mandarin, while Wednesday is Shanghainese day and Friday is English day. In each class, there is a Mandarin teacher and a Shanghainese teacher, who cajoles the children along in roll call and with other parts of their day. I was surprised to hear that even names are pronounced differently in Shanghainese. My Mandarin name, Ma Qian, which means Humble Horse, is Mo Qie.
Ling Jie told us that she had the idea after discovering that her own 12 year old son, a native Shanghailander, couldn’t speak the local dialect. His nanny, of course, was from outside Shanghai and so she spoke to him in Mandarin. Ling Jie and her husband spoke to each other in Shanghainese, but not to their son. She also said 60 per cent of his classmates were similarly mute. It was important to her, as a Shanghainese, to do something about it, and there remains a huge pride about the city’s dialect. Mrs Ling explained how Mandarin had deliberately simplified its language while Shanghainese remained descriptive and idiomatic, with many different ways of saying something. Instead of Hao (good) and Feichang Hao (very good), there are a range of Shanghainese words to convey everything from sparklingly brilliant to excellent or amazing.
After years of insisting that standard Mandarin was the only tongue worth having, the city government is now supporting Shanghainese and Shanghai culture. But it is still impossible to find Shanghainese spoken in any junior, middle or senior schools. With such a large population of migrants in Shanghai, teaching in Shanghainese is seen as divisive. Which may be precisely the reason that the locals are suddenly falling back in love with the dialect. With many Shanghainese growing increasingly resentful of the waidiren (the people from outside the city) who arrive to take their jobs and display country-bumpkin ignorance, it makes perfect sense to start communicating once again in a language that can only be understood by real insiders.*
* According to Qian Nairong, a professor of linguistics who we interviewed earlier this year, it can take up to a year for a Chinese from elsewhere to assimilate Shanghainese, and that’s with total immersion.

我们目前在做一期沪语保护和推广的专题,为此打车去了浦东郊区的一家现代宝贝幼儿园。该幼儿园是学前教育专家凌捷女士于三年前创办的,是上海第一家专业教授沪语的幼儿园。孩子们在一周当中,周五学沪语,周三学英语,其余三日学习普通话。每个班级都配备一名普通话老师和一名沪语老师,负责孩子们的课程和活动,沪语老师会用上海话点名。我很诧异名字也有区别于普通话的沪语发音。我的中文名,马谦,谦虚的马,上海话念起来像“抹七”。
凌女士夫妇都是上海人,自己12岁的儿子却不怎么会说上海话。他们家的保姆也是外地人,家里除了夫妻间的交流,基本都用普通话。凌女士还发现儿子班上60%的学生都不会说上海话。凌女士觉得很震惊,觉得有必要对沪语的保护推广做些工作。凌认为沪语传承了上海文化,上海人也以乡音为傲。凌女士举了些例子说明普通话为了推广方便故意简化了用语,而上海方言却保有了其鲜活地道,丰富多样的特性。譬如称赞的用语,普通话一般会用“好”,“很好”等相对贫乏的词汇,上海话却有一系列的词语去描述,像是灵啊,赞啊,哈灵,老赞的。
经年不遗余力的推广普通话,奉其为圭臬,上海市政府现在也开始支持推广上海话以及保护上海文化。然而,目前在上海的小学,初中,高中,上海话几乎没有立足的地方。上海的外来人口庞大,学校开设沪语课程可能会被视为歧视排外。这大概也是当前上海话回潮的一个原因。很多上海人开始排斥甚至痛恨外地人,因其抢占了自己的资源空间,工作机会,并带有乡野的一些陋习和无知。上海人说上海话,这给他们一种“自家人”的感觉。
我们先前采访的钱乃荣教授说只要用心学习,一般外地人不出一年就可以学好用好上海话。
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Written by malcolmmoore

December 28, 2009 at 8:30 am

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China’s sexual revolution

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December 13, 2009

Beijing

Woke up sore-headed after the Foreign Correspondents Club of China party last night at the Bookworm in Sanlitun. A big turnout and a jolly party, even if some of Beijing’s journalists come across as a touch self-important. As John Huntsman, the US ambassador, remarked, anyone who thinks they are an “expert” on China is usually “a moron”.

We travelled out past the third ring-road to meet a young professor of sociology who specialises in the sexual habits of “marginalised” members of society. By which he meant the gays, transsexuals, nudists and swingers. Well-dressed in a leather jacket and delicate glasses, he was very open and optimistic about China’s sexual revolution, suggesting that while it had taken a different form from the liberation of the 1960s in the West, China had caught up rapidly and was now on an even par.

He told us that swinging is growing rapidly among young Chinese, for whom little is taboo. With China’s economic miracle and the arrival of the internet the young have become empowered, having more money than their parents, a better education and usually access to more information and more contacts.

Meanwhile, the old system of social control, of which parents were only one part, has been entirely dismantled, beginning in the 1980s and running through to the 90s. Before, the danwei, or work unit, controlled every aspect of their workers’ lives, including who they could marry. Any extramarital affairs or improper liaisons would be punished, possibly even by the loss of a job and a permanent stain on a worker’s record.

At home, neighbourhood committees closely watched the comers and goers from each house. But the grannies have now been replaced by professional property managers, and while the guards may know who goes into which apartment, they are not as meddling.

Economic prosperity has also resulted in more privacy, larger apartments, and greater urbanisation, all liberating people to lead freer sexual lives. I asked whether the destruction of the old traditions during the Cultural Revolution, and the empowerment of the young had created a brief flowering of sexual activity. The professor said that while the Red Guards had been determined to smash Chinese morality, at the end of the day they still lived at home with their parents and depended on their families for food and money.

He was ambivalent about the effect of the one-child policy on China’s sexual revolution. Some of his colleagues believe the policy disassociated sex from procreation, while others have detected a new selfishness among single children which may heighten their transgressive tendencies. He was unconvinced.

2009年12月13日

北京直辖市区

醒来时疼痛为首的后外国记者俱乐部中国 党昨晚在三里屯书虫。阿大快活的投票率, 即使在北京中国手有些势利小人。正如约翰亨斯迈的
美国大使说,谁认为他们是“专家”的 中国通常是“白痴”。
我们走过第三圈的道路,以满足年轻教授 谁专门从事社会学的性习惯“边缘化” 社会成员。作者:他是指同性恋者,变性人,裸体主义者 和浪荡公子。
那么在一个微妙的皮夹克和眼镜穿着,他非常 开放,对中国的性革命乐观,这表明 虽然它是从20世纪60年代以不同的形式解放 在西方,中国迅速赶上,并于1平标准杆了。
他告诉我们,正在快速摆动年轻人中,对 他们很少禁忌。随着中国的经济奇迹,在到达 互联网已成为年轻的授权,有更多的钱比他们的父母,更好的教育,通常获得更多 信息和接触。
同时,社会控制,旧的制度,包括父母 只是一个部分,已完全拆除,在20世纪80年代开始 并贯穿到90年代。在此之前,丹维,或工作单位,控制每一个工人的生命方面,包括他们是谁 可以结婚。任何婚外情或不当的联络会 先打由工作损失和永久的污点工人的 记录。
在国内,居民委员会看了一和观众的拉萨 房子密切合作。但是,奶奶现在已经取代专业 物业管理人员,而保安人员知道谁在其中去 公寓,他们不是干预。
经济繁荣也导致更多的隐私,大 公寓,和更大的城市化,解放了人们的所有领导 自由的性生活。我问老销毁 文革期间的传统,以及赋予妇女权力 年轻的建立了一个简短的性活动开花。教授 说,虽然红卫兵已经确定要打破中国 道德,在今天,他们仍然住在家里的结束 家长及食物和金钱取决于他们的家人。
他模棱两可的一个关于中国的独生子女政策的影响 性革命。他的一些同事认为,政策 脱离性行为生育,而另一些新的发现 在独生子女自私可提高他们的 海侵倾向。他信服。

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Written by malcolmmoore

December 23, 2009 at 8:30 am

A meeting with China’s most famous sexologist

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December 12, 2009

Beijing

I spent Saturday morning trying to write up the story from Harbin, but failed to finish. Saw Adam Dean, who is now accredited as the Telegraph’s photographer, for lunch near the Drum Tower. David Eimer, another Telegraph journalist, had introduced me to a Guizhou restaurant only a couple of months ago, so we headed there only to discover that it has since transformed itself into a Sichuan “dry” hot pot place where they pour a range of hot ingredients into a large bowl and mix in the Mala – or Sichuan peppers and chillis.

We then visited Li Yinhe, the sociologist at the Chinese Academy of Social Sciences who has broken endless ground with her work on China’s sexual revolution. Or at least I think she has. Since none of her work is available in English, we had not read any of it, and consequently the interview was vaguer than it should have been.

Li’s husband, the novelist Wang Xiaobo, died over 10 years ago and she lives quietly in an apartment in a remote suburb. Pictures of her grandchildren are on her mantelpiece opposite a print of Van Gogh’s Sunflowers. On the floor sat a pair of happy pig statues.

Over her career, Li has repeatedly called for China to modernise its laws regarding pornography and sexual behaviour. We’re lucky to get the interview. A couple of years ago, a weary Li said she was feeling tired of talking about her studies. Although she said senior officials no longer regard her work as politically sensitive, she was still under pressure to maintain decorum. She said she was going to stop publishing sex-related papers and speaking to the press.

She answered our questions briefly and efficiently, but we never really connected properly. Understandably, she came across as either guarded or just bored of our ignorance. The interview didn’t throw up much that we didn’t know already, although she did tell us about her latest project.

She is studying families in five cities across China, from Harbin to Guangzhou, and how their family structure fits together. She said she had been expecting to discover that China was becoming more Western as it develops and that the traditional Confucian obligations between children and their parents were breaking down, to leave couples as the main nucleus of a family. But in fact, she said, the bonds between fathers and sons, or mothers and daughters, remains tight and the family unit spends a lot of time together still.

Oddly, she also found few regional differences in family behaviour between north and south, although she did say that while most families in China have either a dominant husband or an equally-matched husband and wife, the situation in Harbin was different. Up north, either the husband is dominant, or the wife is dominant, but the two are rarely evenly-matched, she said. “They have strong characters,” she smiled.

2009年12月12日
北京
周六早上,我开始写哈尔滨无煤村的报道,但没能完成。中午和Adam Dean在鼓楼碰头吃饭,他现在已经是每日电讯的专职摄影师了。David Eimer,我们的另一位记者,几个月前带我去了鼓楼附近的一家贵州菜,回味三日,所以这次还是朝着那家奔去。结果门面没换,菜却变成了川系的麻辣干锅,就是将各色热食放进一个大锅,用没麻辣炒拌。
饭后,我们去了李银河家。李是社科院的社会学专家,在性发展的领域有很多惊人之作,至少我这么认为的。李的作品都没有英文译本,我们了解感受不深,所以采访也相对的大致含糊,很是可惜。
李银河的丈夫王小波已过世十年多,李一直在北京边郊的公寓里过着平静的生活。屋里的壁炉台上摆放着她孙辈的照片,对面的墙上挂着一幅梵高的向日葵。地板上立着一对欢喜猪的雕塑。
在她的职业生涯里,李银河一直呼吁政府更改关于色情和性行为的相关法律,和世界同步。我们这次能联系采访到李银河真的很幸运。几年前,力尽神倦的李银河曾宣称不愿再讨论自己的工作和研究。虽然当时政府高层已经不认为她的作品有政治敏感性,但李还是被要求符合道德标尺,社会礼仪。那时她说不再发表和性研究相关的文章,也不接受媒体采访了。
采访中,李银河的回答是简洁而精准的,但我们一直没能很好的交流传达。自然,她的回答要么有所保留,要么对我们的无知问题有所不耐。采访结束,我们发现得的的信息和我们已知的信息没什么大的出入,尽管李向我们介绍了她目前在研究的项目。
目前,李在做家庭关系发展的相关课题。她选取了中国东南西北中五个城市,从哈尔滨到广州,研究这些城市里家庭关系的发展变化。李原先料想的是中国的家庭关系已经日趋西化,亲子间的传统的责任纽带正被消弱,核心家庭渐成主流。然后事实上,中国的家庭里,父母和儿女间的纽带还是牢不可破,家庭成员在一起的时间很是很多。
诧异的是,李同时发现家庭关系的地域性并不明显,南北差异不大。大部分的中国家庭,要么是夫权,要么是夫妇分权,只有在哈尔滨,东北地区,要么是丈夫主导,要么是妻子掌权,没有中间分权地带的。“(东北人)他们性格比较强。”李笑称。
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Written by malcolmmoore

December 22, 2009 at 8:30 am

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