Blogs » Society » ‘Thoughts on the Retirement Living World China Conference in Shanghai’

Blogs » Society » ‘Thoughts on the Retirement Living World China Conference in Shanghai’


‘Thoughts on the Retirement Living World China Conference in Shanghai’

Posted: 22 Jun 2012 07:26 PM PDT

At the invitation of my colleague and friend, Ben Shobert, I prepared the article below for posting on the Asia Healthcare Blog, which Ben manages. It summarizes my thoughts on the Retirement Living World China conference in Shangahi that I co-chaired and spoke at last month, as well as what I see as the current state of the seniors housing industry in China, a topic that I have previously written about on ChinaDebate I wanted to share this with the broader audience of China Debate, as I think it might be of interest to you, given the importance of the topic in China.

Thoughts on the Retirement Living World China Conference in Shanghai

(and on China Seniors Housing in General)

Introduction

My good friend, Ben Shobert, has already posted on Asia Healthcare Blog a couple of detailed and thoughtful pieces on the IMAPAC Retirement Living World China conference that was held in Shanghai on May 29 – 30. I also attended that conference – I chaired the second day and was on two panels, including one that was moderated by Ben; and I also attended the VIP Investors Roundtable on Monday, the 28th. My purpose in this posting is not to duplicate anything that Ben has said, but to offer my thoughts on some of what I would call the "grand themes" emerging from the conference. Some observations that I offer here are also drawn from my conversations and experience with foreign operators and investors, as well as with Chinese developers and investors.

My involvement in the seniors housing industry in China began in 2009, when as the co-head of Asia Real Estate in Hong Kong for a global law firm, I started working primarily with U.S. operators and investors, but also with Chinese developers and insurance companies, as they tried to wrap their minds around ways to capitalize on what all perceived to be the enormous potential of the market. Since that time, I have witnessed and been a part of what I would describe as a rapid progression from conceptualization to execution.

An Evolving Industry

To illustrate – last year's IMAPAC conference in Beijing, as well as other senior housing conferences that I attended during 2010 and 2011, were mostly focused on making the case for seniors housing in China. We all know the supporting data by now: the size of the elderly population, urbanization, the "4-2-1" problem resulting from the one-child policy that is now thirty years old, and other factors demonstrating why the market will take off. In sharp contrast, the subject matter at last month's conference was markedly different. Presenters and panels discussed deals in the planning stage – and more important, projects actually in development; as well as the specifics of business models being employed, how to provide services and other practical considerations.

Uncertainties Abound

But despite the progress that has been made in this nascent industry over the last couple of years, many uncertainties remain. For potential investors, due to the newness of the industry, there are no proven business models, so there is no real ability to determine a risk-adjusted return. Operators also face the same uncertainty as to how they can make money in the sector although the risk for them is, of course, much less than for investors, since they will typically not be investing much, if any (at this point), money in the market. Adding another layer of uncertainty to the industry, the regulatory regime governing senior housing is essentially unformed at the present. While there is a lot of general enthusiasm about the market, these uncertainties have kept most players from jumping in feet-first.

What Are the "Right" Business Models for Investors?

The questions concerning the appropriate business model or models are multi-faceted. What product type should be developed? Retirement homes, independent living, assisted living, dementia care, rehab facilities, skilled nursing, a combination of two or more of these product types or continuing care retirement communities (CCRCs)? What size should the projects be? Where should they be located? In urban centers or in the suburbs? Should they be for-sale models or rental? Should they be high-end or middle market?

The answer is that many different product types are being and will be developed. Some (most?) foreign investors express a preference for smaller projects – 75 to 100 units, in infill, urban locations, aimed at the high end of the market and also aimed at the higher acuity end of the spectrum – i.e., assisted living, dementia, skilled nursing and/or rehab. Focusing on services that the elderly need, not services that they might or might not want, is seen to mitigate much of the risk that the product type may not be accepted in China. And, of course, starting with a smaller project limits the investor's exposure, and allows the investor to conduct what will essentially be a "laboratory experiment," attempting to gauge what works and what doesn't work in the market. Depending upon the acceptability of these pilot projects, perhaps larger and different product types will be rolled out in the future. But for now, foreign investment will proceed cautiously.

Returns?

What size return will investors be looking for? The observation was made at the conference that it is far too early in the development of the industry to be thinking seriously about IRRs. The primary objective at this point will be to avoid losing money as business models are tried out. What will be the expected holding period? Again, since there is no experience with the market in China, this question has no informed answer now.

Models for Foreign Operators?

Foreign (particularly U.S.) operators are willing to invest their time and energy – but not money – in larger projects, where they will provide consulting services to domestic developers in the planning and operation of projects. Like the investor group, operators view the market as too unproven at this point in order for them to invest capital; but as successful business models are developed, no doubt operators will be willing to have some "skin in the game" in operating ventures with Chinese developers/owners. Some foreign operators, notably from Japan, are now willing to invest money in operating ventures – not a large percentage, but enough to "align the interests" of the foreign operator and the Chinese developer.

Business Models for Domestic Developers and Investors?

Most domestic developers and insurance companies seem to prefer larger projects, consisting of several hundred units or more, which would need to be in suburban locations due to the quantity of land they would require. Insurance companies are likely to favor rental models, as a longer-term asset that would better match their liabilities, which are long-term. Many developers, on the other hand, will prefer the for-sale model, which is more in keeping with the way residential developers typically do business – build, sell and move on to the next project as quickly as possible. That being said, there are developers who are focusing on smaller projects in urban locations, which will likely be rental models, allowing the developer to capture the appreciation over the holding period.

Whatever You Do, Don't Overbuild

The guiding principle for all, regardless of what product type or location they choose, will be not to overbuild. Some projects that are currently in operation did, for various reasons, overbuild, and are struggling to break even or are in the process of being recapitalized. And a facility with a high vacancy rate has far less appeal, from a marketing perspective, than a smaller facility that is full or close to full, even though each may have the same number of residents.

The Regulatory Environment

The regulatory environment is in its early formative stage, which adds to the uncertainty surrounding this industry. The Ministry of Civil Affairs is the central government body charged with overseeing elderly issues, but other ministries and bureaus, such as the Ministry of Health, are also involved in the evolving regulatory process. Adding to the uncertainty, provinces and municipalities may have their own rules and/or their own interpretations of rules. For example, in Shanghai, an operator can obtain a business license to operate a health care facility without having obtained the requisite health care licenses from the relevant bureaus; whereas in Beijing, the health care licenses must be obtained before the business license will be granted.

Will the U.S. Experience be Helpful to China?

The depth of experience in the U.S. and other jurisdictions, from both an industry and a regulatory point of view, is may provide useful guidance to regulators in China as it attempts to strike a balance between encouraging private investment in the sector and maintaining the public benefit of providing housing for the elderly. In the U.S., regulations governing facilities that render care of some sort – assisted living and nursing care – are quite detailed and are promulgated on a state-by-state basis. The regulations are primarily intended to provide protection to the elderly residents.

In addition, accreditation programs are administered by non-profit, industry-supported groups. These groups visit facilities periodically and rate their performance, which not only provides a guide to prospective residents, but also serves to set standards that are higher than regulatory standards. Participation in the accreditation process is voluntary, but failure to participate would most likely harm the facility's ability to attract residents.

There are also industry organizations in the U.S. that hold annual or semi-annual conferences for their members, which provide a forum for industry leaders to share best practices. These organizations also publish research papers that address issues of concern to the industry. All of these measures – regulations, accreditation programs and industry organizations, serve to improve the industry and provide better facilities for elderly residents.

What Does the Future Hold for Foreign Investors and Operators?

So, with all of the uncertainties, what are foreign investors and operators thinking? Is it better to be a first mover, an early mover, or hide in the weeds until the industry matures a bit? Not surprisingly, there are differences of opinion on this matter as well as on the preferred product types. Some want to be in the first mover category, focusing on building their brand and readying themselves for when the market takes off. In the case of the hospitality industry in China, once an inflection point occurred, the industry grew very rapidly, with the first movers in the prime position to benefit from the expansion. The first mover advocates believe the same thing will happen in senior housing in China. The early movers believe that the industry will be sufficiently large that being among those in the leading edge will serve them well enough. I doubt that many will be hiding in the weeds. They may proceed cautiously, but the opportunity to build a brand early in what promises to be a very large industry has too much appeal to ignore.

Domestic Capital Will Mostly Fund the Industry

Although foreign investment will enter the market, it is likely that domestic capital will provide the lion's share of the capital in this industry. Foreign investment in the sector is being encouraged by the central government, but with the large amounts of capital available from domestic sources, foreign investment, even if at robust levels, will account for a small proportion of the overall investment. Domestic insurance companies like the senior housing product, as noted above, and developers are well aware that their customers are aging – not to mention that incorporating senior housing into a development will probably help the developer obtain the land, and perhaps at a favorable price compared to the price for a standard residential development.

Segmentation of the Market

Foreign operators will target the high end of the market, the high end will develop first and the foreign operators will dominate this segment. The domestic players will dominate the mass-market product. This is exactly what happened in the hospitality industry in China. Once the international, five-star operators came into the market and introduced best practices, the mid-market had a model that could be emulated, with modifications, of course, as needed for the market.

Foreign Participation in the Market

Most recognize the desirability – and need – for foreign participation in this industry. The senior housing industry in the U.S., for example, is more than thirty years in the making, and much can be learned from the mistakes made along the way as the industry matured. The participation should not be limited to the operation of the projects – these are purpose-built facilities, and input from experienced operators in the planning and development of the projects is essential to their efficient and cost-effective operation. A number of U.S. operators and operators from other countries, such as Japan and Australia, have been lending their expertise to Chinese developers in the planning of their senior housing projects.

Likewise, foreign investors and operators will need Chinese partners in order to succeed in the industry. Developing real estate in China is a complicated and tricky business, and a good domestic partner can help a foreign investor navigate the shoals. Also, the Chinese partner will provide a competitive advantage, with relationships with the local governments, market knowledge and access to land.

The Big Question – Acceptability of the Product in China

Will senior housing be accepted in China? Will the Confucian doctrine of filial piety hamper the development of the market?

Most believe that current senior generation will not readily accept senior housing, but that those born after 1955, who now number 450 million, will. China's rapid urbanization has left many elderly citizens behind in rural areas, where they experience loneliness and isolation, making them more likely to accept a senior housing alternative near their children.

A survey commissioned by Merrill Gardens of the U.S. suggests that acceptance varies from city to city. There appears to be ample demand for top-end senior housing, particularly among seniors whose children are relatively wealthy. To them, service is of uppermost importance; and they strongly prefer international operators, partly due to the negative perception of the current supply of senior housing in China, which is characterized by poor service and ill-trained staff. Merrill Gardens favors an intergenerational housing model, where seniors and their children can live in the same community.

Danger of Over-supply?

As more and more players move into the market, some worry that there will be a large amount of over-supply of product. From an investor's perspective, though, a well-conceived and executed business model should prevail over projects of lesser quality, even in the same market area. Senior housing is a complicated business, and much of the projected over-supply will likely be projects built by developers who view it as a real estate play, not as the operating business that it is. Many of the early failures in the U.S. industry were projects built by developers who failed to understand the intricacies of planning and operating senior housing, and I expect that the same will happen in China as the industry starts to develop.

Conclusion

This is an exciting industry to be involved in, at a time when it is just beginning to gain traction. The rules are being made up as we go, which provides both risk and opportunity. The opportunity lies in being part of the formulation of the rules, with projects that local governments can see provide clear benefit to China's elderly population. The risk, of course, is in the lack of clear rules to play by. However, the way things work in China, particularly in the real estate realm, you often see the policies taking shape after the project has been completed. In this environment, there is no substitute for being "on the ground" in China, working with a good domestic partner, with good relationships with the local governments, as projects take shape. With the right approach, the opportunity to build a brand in the market is ripe; and the market is tremendous.


A Dose Of Cuteness: How To Be A Panda

Posted: 22 Jun 2012 07:00 PM PDT

How Not To Get Kidnapped In China, Part 3. Resolve Your Debt Problems Before You Go.

Posted: 22 Jun 2012 06:16 PM PDT

Yet another story of an American businessperson being held in China for his company's unpaid debt. Hate to say we told you so, but we told you so. And more than once (note this is Part 3!)

This latest debt-hostage story was brought to my attention by Jeremiah Jenne of rectified.name (a terrific new China blog, but one that really ought to allow comments) and Jottings from the Granite Studio fame (a terrific old China blog that does allow comments). Jeremiah asked me about it via Facebook by sending the following:

Sure to be more to this story than just 'bad China.' Rep sounds clueless at best, downright dumb at worst. US company boss also seems quite shady, firing the poor schmuck but still unable to remove him as 'legal representative.'

Need help making sense of this. Sending bat signal to Dan Harris.

Not sure there really is all that much unusual to the story as it reads like a typical debt-hostage story, with the following standard elements:

  • For whatever reason, American company owes China company money (or even just China company claims American company owes it money).
  • For whatever reason, company doesn't pay China company.
  • For whatever reason, important American guy (I've heard of this happening at least a dozen times and my firm has been actively involved in these at least twice and every single time it's been a guy) goes to China to try to resolve the debt either by trying to convince China company to accept less than the full amount owed.
  • For obvious reasons, important American guy gets his passport taken and is blocked from leaving China until the matter is resolved.
  • For whatever reason, important American guy thinks that whining to the U.S. Embassy and the press is going to help him.

Anyway, here is this latest story, courtesy of the Washington Post, and titled, "Missouri businessman in limbo in China in dispute over debt, unsure when he'll get back to US":

The Chinese government forced Steve Fleischli of Labadie, Mo., to surrender his passport in a dispute over his company's unpaid debt to Chinese firms. Complicating matters is that he has lost his job since going to China on business in January.

Many of the details of the case, including exactly why Fleischli was fired from his job, are unclear. But his story offers insight into the perils of a western businessman doing business in China, especially when commercial disputes are involved.

The State Department declined comment on his case, but its website says there is little it can do to intervene on behalf of Americans in situations like Fleischli's, which can take years to resolve.

Let's break down this intro a bit. First off, it says the "Chinese government" forced this American to surrender his passport. What is meant by "Chinese government"? Local police or President Hu Jintao? I'm betting it's local.

Second, it says that "Many of the details of the case….are unclear." Yup. No surprise. Reading between the lines, this probably (note I said probably because I do not know and I am just guessing here) means that the company does owe the debt, the American hostage is responsible for the debt under Chinese law, and the company that fired the American was less than happy with him.

More of the story:

"I think he's more frightened about the comment that sometimes these things go on for years, rather than about his personal safety," Fleischli's attorney, Mitch Margo, said.

Fleischli, 37, began his career at Washington, Mo.-based NorthPole Ltd. 11 years ago and rose to CEO. The company is a leading maker of outdoor gear including tents, foldable camping chairs. Warburg Pincus, a global equity firm, is NorthPole's majority owner.

Times got tough for NorthPole in recent years as prices for materials increased and retail orders slowed. The company owed money to suppliers in China. Margo said Fleischli even loaned NorthPole $200,000 of his own money last year. The company declined to discuss details of the loan, but it was an issue in Fleischli's firing.

Let's look at the above. The American guy is "more frightened about the comment that sometimes these things go on for years, rather than about his personal safety." That makes sense. In my law firm's experience, these things only end by an agreement by the Chinese company to accept a certain payment and then that payment being made. Maybe these things can end some other way, but I am not aware of that ever having occurred. The Chinese company typically wants its money, not to physically harm anyone. I do hope Mitch Margo is working with other lawyers experienced in negotiating with Chinese companies. "The company owed money to suppliers in China." Presumably, the American company owes money to the Chinese company that saw to the taking of Mr. Fleischli's passport. Why does a company fire someone for loaning the company money? This does not make much sense and there has to be more to it than this.

Fleischli, who has a 3-year-old daughter and wife back home in Missouri, decided to fly to China to address concerns of suppliers in person. He left in January in anticipation of a meeting with suppliers at a factory in Xiamen, China, in March. The meeting was a disaster as angry suppliers rioted. After more than a day, police were able to help Fleischli get out of the factory.

In How Not To Get Kidnapped In China, we set out three rules to follow if you or your company are alleged to owe money to a Chinese company:

So what are the lessons from all this?

  1. If you are in a debt dispute with a Chinese company, think about not going to China at all.
  2. If you must go to China, think about using a bodyguard or two and think very carefully about where you stay and where you go. Most importantly, be very careful with whom you meet.
  3. Consider preemptively suing the alleged creditor somewhere so that you can very plausibly claim that you have been seized not because you owe a debt, but out of retaliation for having sued someone. If you are going to sue, carry proof of your lawsuit with you at all times while you are in China.

We really should have added a fourth rule, which rule we discussed in "Shanghai Thugs Forcibly Remove Shanghai Residents. Why This Matters For YOUR Business":

Though China is relatively safe, one should absolutely not write off the possibility of violence in one's business dealings in China. My law firm has been called in at least a half dozen times where violence was either threatened or occurred. We tell our clients that if they owe money to a Chinese company or are involved in any sort of dispute with anyone in China (partner, employee, etc.), they should avoid meeting to discuss the dispute/problem anywhere other than in a neutral, very public place in the day time. A high end hotel lobby in Shanghai or Beijing is a good choice.

In other words, if you really think it necessary for you to go to China to try to resolve your company's debt issues, at least seek to have the meeting in a hotel lobby in Beijing or in Shanghai, rather than in Xiamen in the conference room of the company to whom the debt is allegedly owed.

The article goes on to say that Fleischli is being held because he was/is NorthPole's "legal representative in China" and that a court in Xiamen actually ordered Fleischli to be held. I am pretty certain that in every case like this on which my law firm has worked, there was no court order. Instead, the company and the police had merely acted together to block any exit by our client.

In "Bo Xilai's Lessons For Your China Business," we wrote of how arguing that the hostage does not personally owe the debt is usually not the fastest/best way to resolve these sorts of situations:

I say this because we have been involved in at least two cases where this was the case. U.S. company owes money to Chinese company. U.S. company ceases to do business and so its key figures assume the issue is resolved in that the company has no assets to pay any debt. They then get on a plane to a foreign country (one was a China case, the other was a Russia case) and they both get seized and "held hostage" until we negotiate out their release. They wanted us to argue that they personally did not owe the debt; their companies did. Our response was to tell them "that would be an excellent argument if we had the luxury of filing court briefs and waiting months for a judge's decision, but our goal here is to get you released as quickly as possible."

We deal with this issue in its nascent stages all the time when we work with our clients to shut down their Chinese entities (which for some reason has been happening like crazy of late). We always instruct our clients never to reveal that they will be shutting down their China operations while anyone from the home office is in China. We also tell them that if they or their company ever wish to return to China, they should pay off all their debts and usually the best way to do that is to announce from outside of China the plan to gradually shut down the China office and then, using that as leverage, negotiate down all of the debts. We always stress that once a reduced debt is agreed upon, there should be a written agreement on that and there should be proof of payment on that agreement as well.

All of this is necessary if you want to formally close your China entity, which is, in turn, necessary, if you want to be able to return.

Fleischli appears to be in an even worse situation in that a court has already found him personally liable for the debt as NorthPole's legal representative in China. Fleischli pleads ignorance: "I had no clue," Fleischli told the Post-Dispatch. "I'm an American guy over here in China. I can't read Chinese. I had no idea what a legal rep even was." To which we can only say that ignorance of the law is no excuse in China just as in the United States.

Now here's where the story gets weird.

Then in May, Warburg Pincus fired Fleischli for "gross misconduct." The company declined to comment further on the firing, but Margo said it meant Fleischli also lost access to the company's lawyers in China.

It's not clear to Margo or Fleischli why the firing didn't absolve Fleischli of his duties as NorthPole's legal representative. Fleischli has sued NorthPole and Warburg Pincus seeking severance and damages and asking to be removed from that role. Margo believes that would help him get out of China.

But Warburg Pincus says it can't remove Fleischli from that role.

"Warburg Pincus has had no involvement with any travel restrictions Mr. Fleischli may have in China. The firm does not control Mr. Fleischli's status as legal representative of NorthPole in China, and does not control any travel restrictions that local authorities in China have placed on him," the company said in a statement.

Fleischli was fired in May. Why didn't anyone pay the company debt before that? Presumably it is because the company lacked the funds to do so. Why didn't Warburg Pincus pay the debt then? Presumably because even though it has power to fire the company CEO it is not on the hook for company debt. I guess that can make sense. But what about removing Fleischli from his role as NorthPole's legal representative? I do not see why NorthPole and Fleischli cannot agree to make that happen, unless, of course, Chinese law forbids changing legal representatives in a situation where the company has debt. But I also do not see how Fleischli's removal as legal representative will help him at all with his present situation. I truly hope Fleischli has good legal counsel in Xiamen where he is being held.

The story concludes by pointing out how the U.S. State Department's website makes clear that when it comes to commercial disputes, the Chinese "may prohibit you from leaving China until the matter is resolved under Chinese law. There are cases of U.S. citizens being prevented from leaving China for months and even years while their civil cases are pending." And how the U.S. Embassy and consulates general "have no law enforcement authority in China and cannot recommend a specific course of action, give legal advice, or lobby the Chinese government regarding a private citizen's commercial dispute." All true.

For more on hostage situations in China, check out the following:

And just to scare you a little bit more, I have a friend who works for a high end China risk consultancy and he tells me that they started seeing a massive increase in these cases this year.

What are you seeing out there?

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The One Child Policy

Posted: 21 Jun 2012 06:00 PM PDT

While the African community in Guangzhou has taken to the streets to protest the suspicious death of a foreign national in police custody, the Chinese Internet has proven equally volatile as gruesome photos of a late-stage abortion have circulated online to the shock and horror of many netizens. This week Sinica turns its attention to both events, but mostly the one child policy, as we discuss first the history of China's family-planning restrictions and then look at the political forces within China arrayed for and against the status quo.

Trying to steer the discussion through these controversial waters is your host Kaiser Kuo, who is joined in our studio by Alexa Olesen, a long-time China watcher and journalist for the Associated Press who has written extensively on how China's family planning policies work at the local level. We're also delighted to be joined by Evan Osnos, staff writer for the New Yorker, who has written about the African community in Guangzhou. Conspicuously absent for the second week running is Sinica co-host Jeremy Goldkorn, who any minute now--and probably by the time you're reading this--will have become father to a baby girl named Viola!

Like Sinica? If you'd like to subscribe to the show via iTunes and have your computer automatically download new shows as they become available, just click on "Subscribe to Podcast" from the Advanced file menu and provide the url http://popupchinese.com/feeds/custom/sinica when prompted. If you'd prefer, you can also download this show as a standalone mp3 file. Links to all of our previous shows are available on the podcast pages, which you can find in our Sinica archive.

This posting includes an audio/video/photo media file: Download Now

China’s Shopping Paradise Becomes Lifeline For Global Retailers

Posted: 22 Jun 2012 07:59 AM PDT

Pedestrians cross the street in Hong Kong's bu...

Pedestrians cross the street in Hong Kong's busy shopping district of Causeway Bay(Image credit: AFP/Getty Images via @daylife)

As the world economy continues to sink, global retailers are struggling for their last lifeline – China. And though the cost of entering the market may appear to be steep, but so too are the rewards, especially in Hong Kong, dubbed the shoppers' paradise for millions of Chinese consumers.

During the recent Retail Asia 2012 Expo in Hong Kong, Vincent Fang, a lawmaker and owner of local fashion brand Episode, said that rising rents had become one of the biggest problems for the city's retail industry. "The rents along Russell Street in Times Square, Causeway Bay, are just as high as Fifth Avenue in New York," he said.

Indeed, the former British colony is now ranked as the world's second-most expensive retail market, behind only New York. Rental rates in the city's prime shopping areas rose to 584 Hong Kong dollars ($75.3) per square foot in the first quarter of 2012, a jump of 14.3 % from the same period last year, according to real estate services firm CBRE.

And those sky-high rents aren't likely to come down any time soon as global retailers continue to flock into the city's already congested shopping areas in the search for the most prestigious locations.

Earlier this month, U.S. fashion label Tommy Bahama committed to a 5,800 square-foot store located in Wanchai, the district adjacent to Causeway Bay, with an annual rental cost of about 11 million Hong Kong dollars ($1.4 million), according to a report by Chinese newspaper Ming Po.

The reason retailers can show such optimism is that Hong Kong's retail sales in 2011 soared 24.9% to 405.7 billion Hong Kong dollars ($52.3 billion), due in large part to deep-pocketed consumers from the city's northern border. Tourist arrivals rose 16.4% to 41.9 million, with nearly seven out of ten of those coming from mainland China.

Fang's business became the victim of Hong Kong's success when he lost his flagship shop to German company MCM. The Munich-based maker of luxury goods almost doubled the rent in order to snaffle his store in Central, the city's prime shopping district. He said that property owners nowadays are increasing their rents at an unreasonable rate, from 10% to 20% in the past, to 100% or even 200%.

Fang blamed the predicament on the extravagance of the big international brands. "Hong Kong is just one of many markets for them, so they don't mind if this they don't always make any money here," he said. "But, overall, they have the bigger picture in mind, they want to advertise and raise their brand awareness so that they can go into the mainland. Their ultimate goal is China."

Echoing Fang's point was Tommy Bahama's CEO Terry Pillow, who told the local media recently that the company was looking for sites in Beijing, Shanghai and Hangzhou.

Friday Night Musical Outro: SUBS – Ship’s Log

Posted: 22 Jun 2012 08:00 AM PDT

SUBS, from Shanghai, is one of the many bands (at least 17) expected to play tomorrow at 2 Kolegas in Beijing as part of dazeFEAST, organized by Badr Benjelloun (more commonly known around these parts as Beijing Daze). SUBS is joined by another Shanghai band, Fever Machine, who we'll feature them at another time. But for now, enjoy SUBS's Ship's Log — and drop us a note if you end up going to tomorrow's extravaganza. Would love to hear about it. Youku video for those in China after the jump.

A member of China's Forgotten Army speaks up

Posted: 22 Jun 2012 06:35 AM PDT

A member of China's Forgotten Army speaks up In 1950, the Kuomintang's 93rd Division fought its way out of China into Burma's Shan State. The Chinese Civil War was already over: a year earlier, two million refugees had followed Chiang Kaishek to Taiwan. Mao's Red Army was celebrating its victory, but the 93rd Division refused to surrender. It survived for twelve years in the jungles of the Shan State, in constant conflict with the Burmese Army. When China entered the Korean War, the 93rd Division was armed by the CIA and on seven occasions, between 1950 and 1953, it tried - and failed - to retake the Chinese province of Yunnan. [ more › ]

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Beijing Creates A City In The South China Sea

Posted: 22 Jun 2012 04:36 AM PDT

Start re-labeling your South China Sea maps. In the latest ratcheting up of diplomatic pressure on territorial claims to the mineral rich waters, Beijing has raised the municipal status of its local government that administers the disputed area. A new … Continue reading

Friday Links: Liao Yiwu wins German Peace Prize, people now selling sex mushrooms, This American Life, and Gu Kailai confesses?

Posted: 22 Jun 2012 03:30 AM PDT


Picture via Philip Tinari, captioned: "Liu Wei in front of his painting at waitanyuan, hung upside down for last 3 years."

Dazefeast is tomorrow starting at 4 pm at 2 Kolegas, for those in Beijing. Unrelated: the most interesting things happen between Wednesday and Friday, as we're about to show you in today's links.

Has Gu Kailai just confessed to murder? If yes, expect China blogsophere to figuratively blow up soon. "Glamorous Gu Kailai, the wife of ousted Chongqing city boss Bo Xilai, has confessed to killing British businessman Neil Heywood, according to Chinese Communist Party sources." [The Asahi Shimbun]

Americans in China (hey, that's me!). "It used to be that the American expats in China were the big shots. They had the money, the status, the know-how. But much of that has changed. What's it like to be an American living in China now? What does life in China offer Americans that they can't get here?" [This American Life]

A collection of countryside slogans encouraging the one-child policy. "Pull it out! Abort it! Induce it! Anything but to give birth to it! … We'd rather allow blood to flow like a river than to allow an excess child to be born." [Offbeat China]

Street vendors are now selling sex mushrooms. "One very enterprising street cleaner who makes additional income by hawking things off the street is now passing off artificial vajayjays as the long lost magic mushroom, and selling them for as much as 18,000RMB (US$2,800)! // He even has a highly authoritative sales pitch playing off his laptop on loop — the Xi'an TV news report which has since gone viral all over the world. // When one 'prospective buyer' questions the man about the veracity of the report, he answers matter-of-factly, 'It's on the news. How can it be fake?'" [Shanghaiist]

Is the SCMP still relevant? (Not as long as it's behind a paywall, in my opinion.) "But this issue masks a much larger and more consequential one: the SCMP's relevance. What happened this week was merely years' worth of tension boiling over. The general consensus in Hong Kong is the SCMP has been fading as a relevant source of information since its halcyon days under the British, made worse by ownership changes and management shuffles that have further destabilized the paper and diminished morale." [Zhongnanhai]

Liao Yiwu wins German Peace Prize. "Though his works tell of atrocities and suffering, both his own and that of his countrymen, his skilled style draws in readers from other cultures and is not without humor, Herbert Wiesner, secretary general of Germany's PEN Center for persecuted writers, told DW." [DW]

China owns moon. It's gonna happen. "For all the talk of the Obama administration's 'pivot' to Asia, what if the flash point for U.S.-China conflict in the 21st century isn't the energy-rich atolls of the South China Sea or the minefields of the Taiwan Strait, but a bit farther away — say, about 200,000 miles from Earth?" [Foreign Policy]

A gaokao rant, overdue. "A 12-minute video of television host Zhong Shan (@我是钟山 ) delivering a passionate rant against the gao kao has gone viral on Weibo, China's Twitter. (Readers can see it in all its glory here.)" [Tea Leaf Nation]

Chinese climber beaten by Tibetan guides on Mount Everest. According to eyewitness: "I did see the permitless chap being ushered down the hill. The Tibetan rope fixers were sent up to get him. I saw them bringing him down the ropes from the North Col to [advanced base camp]. It was disgraceful. They literally kicked him down the ropes. It was a disgusting example of a pack of bullies egging each other on and literally beating him down the hill. It was absolutely unnecessary as he was offering no resistance and was scared out of his mind. The Tibetans should, and could, have just escorted him down the hill and let the authorities deal with him." [Outside]

Two Nigerians rob six taxi drivers at knifepoint in five days. "Sina is reporting there were six robberies last week targeting taxi drivers in Foshan's Nanhai District, all of which were alleged to have been committed by Nigerian expatriates. The robberies totaled RMB11,000 in value, according to the Guangzhou Daily. So far one of the suspects, a 33-year old Nigerian man, has been arrested." [The Nanfang]

Corollary: On Weibo.

A story of a "porn firestorm." "Mr. Gu, an unmarried pharmacist in north China's Jilin province, never aspired to be a champion for privacy, much less porn. Yet, sometime this spring — probably in March — Mr. Gu, possessor of 95 downloaded pornographic films on his hard drive, uploaded the wrong photo to a popular Chinese bulletin board." [Bloomberg]

Conviviality on the Beijing subway interlude, via 647 Miles Apart:

Finally…

Bus plunges into ravine, killing 17. [Huffington Post]

"Why Chinese soccer matters." [Evan Osnos, New Yorker]

On middle class discontent. [88 Bar]

Father sues university for death of son who died after donating sperm

Posted: 21 Jun 2012 03:25 PM PDT

Father sues university for death of son who died after donating sperm The distraught father of a medical student at Huazhong University of Science and Technology in Wuhan is suing the school after his son died shortly after donating sperm at a facility run by the university. [ more › ]

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The hard climb continues

Posted: 21 Jun 2012 08:20 AM PDT

Most observers have been disappointed by Rio+20 and rightly so. But the conference has kept the door open for some constructive work – in mountain conservation, for instance, writes Joydeep Gupta.

The politics of Rio+20 – as in similar global conferences – has worked at two levels. First, and very visible, were the country blocs that negotiated its draft political declaration and worked to protect what they think are their national interests. The result was a document with the lowest common denominator, so low as to lose most of its teeth.

Second, and not so visible, were the sectoral interest groups that sought to include their agenda in the declaration. They have had mixed success. The biggest gain has been the pledge to protect mountain ecosystems.

At the country level were two key blocs, developed and developing nations, though with serious differences within each group. Here, the resolution floundered on basic issues. Poorer countries wanted money to help them move towards a more sustainable development path. Richer countries pointed out that there is a global recession, the euro zone is in a tizzy, and committed nothing.

Poorer countries wanted concessional access to patented green technologies. Richer countries said they could not interfere with intellectual property rights. Richer countries wanted the world to move to national accounting systems where they consider the cost of using air, water, soil and minerals. Poorer countries watered that down because they feared this would open the door to trade protectionism.

The result was a declaration that made many of the right noises, left out some crucial ones, but did not go into specifics in any case. Sustainable development goals, for example, will now have to be negotiated at the UN headquarters over the next two and a half years. And one of the crucial things left out was women's reproductive rights. Some countries led by religious orthodoxies got that thrown out at the last moment, much to the chagrin of the rest of the world. Another crucial missing piece is a commitment to protect life in international waters. Some countries got that thrown out on the technicality that it was being discussed in another UN forum.

Among the welcome noises, the resolution talks of the need to involve civil society and businesses in sustainable development without getting into specifics. It does the same with the green economy, the matter of upgrading the UN Environment Programme, food and water security, and a long list of other areas: energy, tourism, transport, urbanisation, health, population, employment, disaster risk reduction, climate change, protecting forests and biodiversity, combating desertification, land degradation and drought, protecting mountain ecosystems and sound management of chemicals and waste. It also talks of the need for sustainable consumption and production, the need to regulate mining more effectively, the need to improve education and gender equity and the need to develop a set of sustainable development goals.

These are the areas over which international agencies and NGOs have been lobbying for months and years. For example, the Kathmandu-based International Centre for Integrated Mountain Development (ICIMOD) has been working for more than two years to "get some paragraphs on protecting mountain ecosystems into this text", as an ICIMOD insider put it. David Molden, the head of ICIMOD, told me he was satisfied with the paragraphs, though he would have been happier with a stronger statement.

The section now reads: "We recognise that the benefits derived from mountain regions are essential for sustainable development. Mountain ecosystems play a crucial role in providing water resources to a large portion of the world's population; fragile mountain ecosystems are particularly vulnerable to the adverse impacts of climate change, deforestation and forest degradation, land use change, land degradation, and natural disasters; and mountain glaciers around the world are retreating and getting thinner with increasing impacts on the environment and human wellbeing.

"We further recognise that mountains are often home to communities, including indigenous peoples and local communities, who have developed sustainable uses of mountain resources. They are, however, often marginalised, and we therefore stress that continued effort will be required to address poverty, food security and nutrition, social exclusion and environmental degradation in these areas. We invite states to strengthen cooperative action with effective involvement and sharing of experience of all relevant stakeholders, by strengthening existing arrangements, agreements, and centres of excellence for sustainable mountain development, as well as exploring new arrangements and agreements, as appropriate.

"We call for greater efforts toward the conservation of mountain ecosystems, including their biodiversity. We encourage states to adopt a long-term vision and holistic approaches, including through incorporating mountain-specific policies into national sustainable development strategies which could include, inter alia, poverty reduction plans and programmes in mountain areas, particularly in developing countries. In this regard, we call for international support for sustainable mountain development in developing countries."

To someone not used to the way international aid works, this may seem like a set of platitudes. But the inclusion of this section increases the chances of international and national development organisations, think-tanks, NGOs and governments to obtain funding for sustainable development in mountain areas. They can now show potential donor governments a pledge by the heads of these governments and thus increase their chances of getting funding. That is the way international aid programmes are often decided, and the absence of such a detailed pledge to help mountain ecosystems and people in the 1992 Earth Summit resolution has hampered work in comparison to, say, coastal areas.

The Rio+20 conference has rightly disappointed most observers because it pushes decisions back by years, when neither poor people nor a stressed planet has time. But, in the words of celebrated sustainability champion Gro Harlem Brundtland, it has kept the door open for some constructive work.


Joydeep Gupta is south Asia director of
thethirdpole.net.

Homepage image by UN Photo shows Sha Zukang, secretary general of Rio+20.

“Unmade In China”: Moviemaking Hell In The People’s Republic

Posted: 22 Jun 2012 02:08 AM PDT

On one hand, I want to call out this director for his whiny first-worldism and paranoia. But on the other hand, I can't imagine the brand of hell that is making a movie in China: the ribbons of red tape, the soul-searing bureaucracy, the endless baijiu banquets and bribing with cigarettes. We're never told what movie this director, Gil Kofman, was working on, or if he ever finished. But we do know that he made a film about the experience, ala Tropic Thunder ("The Making of Tropic Thunder" was the movie that won the Oscar in Tropic Thunder, as you'll remember). The trailer is above.

Kofman had a Kickstarter for his project, which he cancelled four days ago after getting only one backer of $10 for his goal of $25,000. We're told that Unmade in China already "has a distributor with a theatrical release," so the film is in postproduction. Ai Weiwei apparently called it "a masterpiece!" and the China Herald Tribune gave it seven stars, whatever the hell that means. Youku video for those in China after the jump.

Kickstarter discription:

In 2010 American director Gil Kofman was brought to the People's Republic China to direct the country's first ever thriller. Unbeknownst to him, Kofman was hired, bootlegged if you will, to serve as a Manchurian director controlled by the cultural, political and financial interests in Communist China – scripts are re-written from page one, cast members disappear and are recast overnight without warning, and military & Party officials crash the production. Paranoia sets in as Kofman is plied with booze by government officials at a karaoke whorehouse – is he being set up to fail? Is his hotel room bugged? Is there a spy on the crew? What eventually transpires, and the comeuppance exacted, ends up larger than the world of film – as it questions how far an artist will go to assert his will and freedom against a communist regime.

(H/T China Stories)

Self-immolating monk sacks publicist

Posted: 22 Jun 2012 01:23 AM PDT

LHASA (China Daily Show) – A self-immolating monk says he's packing in the fireworks, after his last conflagration failed to attract a single journalist.

That’s Some Spider-Man Shit There

Posted: 22 Jun 2012 12:16 AM PDT

For a good minute, this video is comic. The dramatic music. The onlookers (one of them scratches his head). But then, at the 1:07 mark, a voice-over (huh?) tells us the rescuer is in position. Rescuer? A rappelling firefighter swings swiftly from one face of the building to the other, and grabs the potential suicide jumper. He gets some help from the people from the windows, who grab the jumper's arms and legs. And just like that, another life saved. All in a day's work.

This happened in Ningbo. I can't find a date, but the video first appeared on Youku (after the jump for those in China) two days ago.

Man Ejaculates On Woman In Subway

Posted: 21 Jun 2012 10:16 PM PDT


Image via here.

In a story about ejaculation — featuring a heavy dose of it as the centerpiece, anyway — China Daily chose to go with the non-descriptive headline "Molesting suspect held by police," not sure why. (I know why.) The story:

The woman passenger, who was wearing denim shorts, said she suddenly felt something hot falling on her leg when the crowded subway was approaching the People's Square Station — the city's central and busiest station — during morning rush hour on Wednesday.

"I first thought that it was someone's food," she was quoted as saying by Shanghai Morning Post. She later found that it was the ejaculate from a man about 30 years old standing to her right.

Strange as that is, it's this line two sentences later that made me go "Huh":

Police said they are intensifying crackdowns on such incidents, which occur more often in summer.

I know that the writer means police are upping the penalties for such incidents in order to discourage molesters, but the word "crackdown" suddenly has me thinking of chastity belts and other weird shit. Would I ever consent to wearing one? Hmm.

And then: such incidents occur more often in summer? Sure, yes, molestation, since summer clothes are scantier, but perhaps more people ejaculate on strangers during the summer, too. I do wonder.

One last gobbet of humor:

Guangzhou Daily recently launched a survey on its micro blog about the necessity to open women-only compartments after reports of several molestation cases. Around two in three respondents ticked "yes".

Sounds like a winning survey.

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