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Links » Cream » Frustration Over Huawei-ZTE Congressional Hearing

Frustration Over Huawei-ZTE Congressional Hearing

Posted: 20 Sep 2012 11:01 PM PDT

On September 13, representatives of both Huawei and ZTE, two of China's largest telecom companies, were invited to Capitol Hill to testify at a hearing held by the U.S. House of Representatives Permanent Select Committee on Intelligence. The committee, as well as other parts of the U.S. government, have been investigating these companies due to their perceived ties to the Chinese government in general, and (in the case of Huawei) in particular the People's Liberation Army.

When I first heard about this hearing, several months ago I believe, I thought it was a big win for these companies. There was so much rumor and speculation about these firms that the hearing would give them the chance to present their side and "clear the air." Perhaps that would lead to a better environment for these companies to then ramp up their U.S. foreign investment plans.

Then again, maybe not.

Reporting on the hearing, tech site CNET went with this headine: "Lawmakers frustrated by Huawei, ZTE during hearings." What was the problem? Apparently several of the members of the committee expected these folks to be more forthcoming during Q&A:

"I can say that I am a little disappointed today," committee chairman Mike Rogers (R-Mich.) said at the end of the hearing investigating Huawei and ZTE. I was hoping for a little more transparency… Other inconsistencies worry me greatly."

Granted, there are some legitimate issues here. ZTE has been accused of violating sanctions against Iran, Huawei has been less than forthcoming about its corporate structure, and neither company has explained in detail their relationship with government regulators.

As potential investors in the U.S. or suppliers of sensitive technology, it is quite reasonable for the U.S. government to take a close looks at these guys. We're not talking here about a chair or a pair of shoes, but telecommunications infrastructure.

So I'm willing to meet the U.S. government at least halfway here when it comes to investigating these companies. Moreover, I can understand the frustration of the committee members when they ask questions and receive unclear or evasive answers.

After looking at the press coverage and some of the materials from the hearing, I have to admit that I'm somewhat frustrated too. However, for me the frustration stems from the difficult position Huawei and ZTE have been forced into and the useless nature of a hearing where the committee members have already made up their minds on the subject at hand.

Before we get to some of the details, I also want to point out that it's not like these guys from ZTE and Huawei showed up out of the blue and that this testimony was the first time that these House members were exposed to these companies. No, in fact, the committee has been investigating them for some time, and there has been plenty of Q&A (written and oral), submitted materials, and even site visits (in China) made by members of the committee.

I have to wonder whether the questions raised at the hearing had already been asked and answered a long time ago. And if not, why not? Perhaps the hearing was all a big media show? {gasp!}

OK, let's look at some of these "frustrating" exchanges. Here's Rep. Sue Myrick, which some of you may recognize as the co-author of that disgusting letter about ZTE's legal representation (I wrote a lengthy rant on that topic last week):

Rep. Sue Myrick (R-N.C.) pressed [ZTE VP] Zhu about allegations that the company destroyed documents and hid evidence regarding sales of equipment to Iran.

"We are actively cooperating with the U.S. government investigation to get to the bottom on this," Zhu said through an interpreter.

"You are not answering my question," Myrick shot back.

"We would never do something like that," Zhu said.

Come on. This is an ongoing investigation, for which, by the way, Myrick doesn't think that ZTE should be entitled to legal counsel. And she's asking if they shredded documents? Are you shitting me? I wonder if she's ever asked that question before at a hearing? She was obviously just throwing crap out there in an attempt to make these guys look bad. Very common at a House hearing unfortunately.

Here's a question that actually includes reference to Chinese law:

Rep. Adam Schiff (D-Calif.) questioned Ding about Article 11 of the Chinese constitution, which the lawmaker said would require Huawei to grant access to its networks to the Chinese government for "state security" purposes. Ding said he was unaware of the law.

I'm not surprised that Ding, who works for Huawei, isn't familiar with that law. Unless I missed an amendment somewhere, I believe Article 11 of the Constitution says this:

Article 11 The non-public sectors of the economy such as the individual and private sectors of the economy, operating within the limits prescribed by law, constitute an important component of the socialist market economy.

The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy. The State encourages, supports and guides the development of the non-public sectors of the economy and, in accordance with law, exercises supervision and control over the non-public sectors of the economy.

Are you confused? Me too. Maybe he's trying to hang everything on that "supervision and control" language?

I don't know where Schiff was going with that Constitution reference, but I understand his general point. What would Huawei or ZTE do if the State came knocking on their door and demanded that they cooperate in some way that would compromise privacy or integrity, etc.?

Everyone knows the answer: they would cooperate! Ding replied that Huawei would refuse, which was obviously disingenuous, but what was he supposed to say? There was no good answer there, and Schiff certainly knew that when he asked it.

And the underlying issue is an important one. If you believe, as it seems many House members do, that the Chinese government will use these companies to spy on the U.S., then it is troubling that they essentially cannot refuse a direct order from the public security folks.

Fair enough, but then why bother asking the question? Everyone already knew the answer, and again, if you believe all that about Beijing and spying, then isn't your mind already made up on these companies anyway? Why bother with the hearing at all?

The opening statement by Chairman Mike Rogers sheds more light on this. His prepared statement set out a very scary scenario, filled with the following kinds of accusations:

We have heard reports about backdoors or unexplained beaconing from the equipment sold by both companies. And our sources overseas tell us that there is a reason to question whether the companies are tied to the Chinese government or whether their equipment is as it appears.

We have heard reports about their attempts to steal the trade secrets of other companies, which gives them a competitive advantage and makes us question their ability to abide by any rules.

Rogers' statement ties all this in to accusations that have been made against China with respect to hacking and a variety of other cybersecurity and commercial espionage activities.

The bottom line for Rogers is this:

1. China is a big time spy.

2. People say that Huawei and ZTE work closely with the government.

3. Chinese law forces Huawei and ZTE to work closely with the government.

4. Telecom is a sensitive sector.

The argument makes sense, but the bottom line is frustrating not only for ZTE and Huawei, but for any Chinese telecom firm hoping to do business in the U.S.

Why? Although Rogers and his fellow House members complained that these companies did not turn over sufficient documentation, the question remains what could have satisfied their concerns. To a certain extent, these companies are being asked to prove a negative. Prove that you are not somehow controlled by the government, or the army. Prove that you would not accede to the government's wishes when it comes to espionage. While there was obviously some documentation that the committee asked for that Huawei and ZTE, for whatever reason, simply refused to turn over, I'm not sure that doing so would have allayed fears anyway.

If you read Rogers' statement, it doesn't just say that the House is investigating these companies because of the rumors surrounding them. His distrust also stems from the perception of China's record on cybersecurity issues and the inability of Chinese companies to refuse to cooperate with the State.

As a practical matter, there is some merit to these arguments. However, what this means is that all Chinese telecom companies will suffer similarly, and none of them will be able to rise above suspicion sufficient to pass muster with the U.S. government. If I'm a Chinese telecom company with designs on the U.S. market, this is extremely disturbing.

In addition to Rogers' statement, we also see this broad brush approach in the words of the ranking member, Rep. Ruppersberger, whose prepared remarks included this little nugget, which was apparently written by a third grader:

The fact that both companies, Huawei and ZTE, were created and headquartered in China, a country known to aggressively conducts cyber espionage, raises issues. And add to that… the fear that China, a communist country, could compel these companies to provide it information or worse yet spy on Americans using this equipment.

Poor grammar aside, his point is clear: these companies are Chinese, and the commies can force them to do their bidding. End of story.

At the end of the day, I share the concern of U.S. lawmakers and believe an investigation makes sense. Moreover, if Huawei and/or ZTE refused reasonable document requests, this is a problem. On the other hand, it also seems clear that these House members are looking at all this in very simple, stark terms (i.e., China – Communist –  authoritarian) that lead me to the conclusion that the hearing was a huge waste of time and not at all the opportunity that I originally assumed it could be.

The big news here is that compared to the U.S. Congress, I come off as hopelessly optimistic and naive. Imagine that.

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Wukan June 2012, by Remko Tanis

Posted: 20 Sep 2012 11:56 PM PDT

Wukan Villagers Protest Over Lack of Progress

Posted: 20 Sep 2012 11:53 PM PDT

A year after land grab protests began in the fishing village of , and just six months after electing a new village committee in what many hailed as a new approach to dealing with social unrest in China, about 100 villagers gathered outside the village's Communist Party offices to voice their frustration at the lack of progress that their new leaders have made in securing the return of their land. From Reuters' James Pomfret:

"We still haven't got our land back," shouted Liu Hancai, a retired 62-year-old party member, one of many villagers fighting to win back land that was seized by Wukan's previous administration and illegally sold off for development.

The small crowd, many on motorbikes, was kept under tight surveillance by plain-clothed officials fearful of any broader unrest breaking out. Police cars were patrolling the streets.

"There would be more people here, but many people are afraid of trouble and won't come out," Liu told Reuters.

…

Friday's demonstration was far less heated than the protests that earned Wukan headlines around the world last September. But the small rally reveals how early optimism over the ground-breaking adoption of local-level has soured for some.

The Financial Times reports that while some villagers have argued for more patience, others prefer action:

Cai Yifeng, a local restaurant owner, says the problem is that the Lufeng city government, which oversees Wukan, has not changed its ways. He says several of its officials are allied with Xue Chang, the former Wukan party chief. Xue was fined and disciplined this year for his role in the illegal land sales but not arrested, which village leaders say has emboldened his supporters.

"The Lufeng government tells lies to the committee," Cai said. "The dissatisfaction among the villagers will only continue to rise."

Meanwhile, the South China Morning Post reports that Guangdong party chief , who earned praise for his progressive handling of the Wukan incident, has made a fresh call for reform as he continues to maneuver for a seat on the next . But while The New York Times' Didi Kirsten Tatlow writes that Wang has positioned himself well as a reformer, The South China Morning Post's Mimi Lau asks whether the party is ready for him:

Analysts believe promotion to chief of the central disciplinary inspection commission or party boss of would be logical next steps for Wang. But whether he can make it to the Standing Committee this time is uncertain.

The reported decision to cut the all-powerful panel to seven from nine seats means competition for spots will be all the more fierce.

At the moment, some observers believe Tianjin party secretary Zhang Gaoli, a Jiang Zemin ally, has the edge over Wang.

Also working against Wang is his relatively young age. At 57, If he was appointed to the Standing Committee this year, he could theoretically stay on until 2027 – an usually long period at the height of power.

"If [the Standing Committee] stays at nine, I would bet on him making it," said Steve Tsang, of the China Policy Institute at the University of Nottingham. Otherwise, Wang's chances of ascension were 50-50, Tsang said.

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Observations of a Protest

Posted: 20 Sep 2012 11:37 PM PDT

The following dispatch was sent to CDT by an American who was visiting Shanghai during the recent :

Shanghai, September 18, 2012 – by Jane Wang
On 9-18 （九一八), the anniversary of the Mukden Incident, I had arranged to meet with a friend for morning coffee at a café on Donghu Road. We learned that morning that there were going to be three Anti-Japanese marches, and that they were going to follow the same parade routes as the 2005 Anti-Japanese marches. One of those routes went up Donghu Road. This street, in the old French Concession, is lined with Japanese restaurants. A couple of them had Chinese flags taped to their windows, but the rest didn't seem to have bothered. The largest restaurant, a teppan yaki place with yards and yards of plate glass windows fronting the street, had no flags or signs at all.

The marches were supposed to begin at 10 am. As the hour approached, we saw a handful of protesters hurrying towards Huaihai Road, where the march was supposed to originate. All were young and some carried banners with anti-Japanese slogans. My friend also spotted a reporter for a major American daily heading the same direction.

Time passed, but no marchers appeared. By 11 am, we were finished with our coffee and were ready to leave.

That night, Phoenix Television aired coverage of some of the demonstrations around China, and I watched with a Chinese friend. A protester in Shanghai was interviewed. "He's not from around here," my friend said. "He has an accent." Next, protesters in Shenyang were interviewed. The first one had a southern accent. "Nanfang ren," ("Southerner") we said in unison.

My friend was cynical about the protests—a sideshow designed to distract people from more important things, like the trial of , which concluded on 9-18, or the power struggles in , or the other issues that are on people's minds, like and the environment.

Nobody I've spoken to takes the protests seriously. Granted, most of the people I speak to are well-educated and have some international experience. Reactions range from dismissive ("just a bunch of silly kids") to contemptuous ("they're paid and they're bused in from elsewhere").

A couple of my friends witnessed marches: on Yan'an Road and at People's Square. The latter was clearly organized, and there was a heavy police presence, with plainclothes policemen easily recognizable.

Although I heard reports that major Japanese companies have been closed, everywhere I've gone over the past few days, I've seen Japanese restaurants doing a good business. They're not packed, but few places in the neighborhoods I frequent are. Customers are Chinese and foreign. Sanrio stores and other stores around the center of town are not being boycotted, either. One chain of Japanese restaurants has a large branch on the pedestrian portion of East Nanjing Road. It was business as usual. The lights were blazing on Wednesday night, and crowds moved past the open doors as they would on any night.

The government-backed protests seem like such a cynical use of . I think back to the movement, which also had a heavily anti-Japanese component, and its depiction in popular culture—a like "Shop of the Lin Family" comes to mind. This is like a replay of , only it's repeating itself as farce. Today, young people are taking to the streets as if they're out on a Sunday stroll, except that they're holding banners that are filled with profane and violent threats. It's political theater, but the people involved carry on as if national survival were once again at stake. The /Senkakus aren't really the issue. But the Japanese government's official lack of contrition about (and sometimes outright denial of) the events of the Second World War is. And this is an old wound that the Chinese government is happy to reopen whenever there are political or social problems that threaten to undermine social "harmony".

Despite the fact that a significant number of people don't seem to be buying into the anti- fervor, I would not want to be a Japanese person in China right now. But I wouldn't want to be a member of the Chinese government either. As one friend observed, what the government is doing is very dangerous: the protesters are angry, and angry people are unpredictable. If the government loses control of the protesters, chaos could ensure; and it's entirely possible that the protesters could turn their rage towards the government itself.

© Sophie Beach for China Digital Times (CDT), 2012. | Permalink | One comment | Add to del.icio.us
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Is Winter Coming For The Chinese News Media?

Posted: 20 Sep 2012 10:30 PM PDT

Tea Leaf Nation's Yueran Zhang explores the shifting winds in the Chinese news media, where a number of "personnel earthquakes" have seen influential members of the country's leave or be forced out of their positions this year:

On July 18, the publication's president and vice editor-in-chief were dismissed for unspecified reasons. Some rumors said the direct cause might be the Daily's interview with Sheng Hong (@盛洪微博), president of Tianze Economics Institute, which was published in May. In the interview, Prof. Sheng acutely criticized the monopoly of state-owned companies in certain markets.

The misfortune has also befallen other media brands. On July 16, the editor-in-chief of the News Express Daily (@新快报) was forced to resign because of unspecified "sensitive" contents it had published. On August 23, the Oriental Vanguard (@东方卫报) published on its front page a feature article titled "Liu Xiang knew, officials knew, China Central Television knew, only the audience was waiting vainly for the legendary moment." The article said that official heads of the Chinese Olympic Team, China Central Television (CCTV) and Liu Xiang himself had all known beforehand that his severe injury might render him unable to finish the preliminary heats of the Olympic Men's 110-meter Hurdles, and CCTV had prepared four commentating plans accordingly. The report caused the editor-in-chief, the assistant editor-in-chief and the so-called "news supervisors" (新闻总监) to be dismissed.

Although the government's control over news media has always been tight, the range and intensity of the purge this year has been rarely seen, suggesting that the censors' controlling hand is tightening. As Wang Keqin (@王克勤), a former investigative journalist famous for his coverage of AIDS spread and illegal mining plants, comments, "It's getting colder. The winter is approaching."

Wang's comment is especially profound considering that earlier this year, many claimed that "the spring of Chinese media" was coming after the state-owned, usually conservative People's Daily (@人民日报) published a series of op-eds calling for political reforms, widely read as a hint that China's news-control bureaus were liberalizing. However, this interpretation proved too optimistic, with purges beginning in July.

Zhang's piece stirred up a lively debate in Chinese social media, even drawing comments from journalists such as Liu Jianfeng who had received mention in the article:

For some readers, the reality of Chinese journalism revealed by the article deepens their hopelessness. @时评人黄国胜 is one of them, writing, "It's so difficult to be an authentic journalist in China!" More directly, @新闻已死 (whose handle name literally means, "the news is dead") declares the "death of Chinese journalism." "There is no 'news' in China, only 'propaganda.'"

Even more saddened are those who used to work in journalism. They said the piece reminded them of their unpleasant past. @高压锅老窝 writes, "If you worked in the media industry for a few days, you would not trust anything." @雪峰NO1 attributes the mistrust to the tradition of telling lies in Chinese journalism. "Journalism is a high-risk occupation. Maybe just by accident, a disaster can befall you. Unless you follow your superior and tell lies, you are punished. It's the destiny of journalists."

…

With the persistence and idealism he still holds, Liu rejects the pessimistic notion that Chinese journalists could pursue nothing but "dead journalism." "Don't be so pessimistic. There are always still courageous and uncompromised reporters who tell the truth. Those who claim that 'there is no news in China' are the ones who cannot endure the pressure and give up. If your pieces are killed, you can still publish them online. Is there worse outcome than being fired? As far as I know, many dare to do that."

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London Exhibit: My Tiananmen

Posted: 20 Sep 2012 05:35 PM PDT

A multimedia, cinematic exhibit exploring Tiananmen and its aftermath opens at 's Hundred Years Gallery tomorrow. In My : The Polyphonic , classic films such as Lou Ye's Summer Palace and newer pieces like Shu Haolun's No. 89 Shimen Road will be complemented by artist Francis Chen's original work, including her short Fireworks of 1989. From the website remotegoat:

The exhibition is about the notion of history—Tiananmen as a drastic exemplification—which is experienced by individuals, later resides in personal memories, and of which the emotional overtones transform across generations. To shed light on the dialogue and dialectic of the cross-generational memories and its representation in films and videos, the exhibition is conceived in a polyphonic manner. Each of the three parts stands for a passage of perceiving or comprehending history as part of our lives, distinct yet contrapuntal to each other. Altogether they form a texture which reflects the complex of the relations between history and the persons who made and are made by it.

Originally scheduled for just two days, the exhibit will now run through September 27. More information about the video installation, film screening and live events that comprise the exhibition is available from My Tiananmen's Tumblr site.

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China Probing Protest Outside U.S. Embassy

Posted: 20 Sep 2012 08:31 AM PDT

Chinese authorities are investigating a Tuesday incident in which a group of protesters harassed U.S. ambassador Gary Lockein his car outside the . From Bloomberg Businessweek:

State Department spokeswoman Victoria Nuland said the U.S. has registered its concern with China both in Washington and , and Chinese authorities have expressed regret over the incident. Nuland said the preliminary U.S. assessment was that the car was "a target of opportunity" for protesters who had gathered outside the nearby Japanese Embassy. Chinese Foreign Ministry spokesman Hong Lei told a regular news briefing Wednesday that the incident was "an individual case," but that China was investigating it. The incident came amid heightened vigilance for American diplomats following violent attacks on U.S. embassies in Libya, Yemen and Egypt. The embassy in said it has asked China's government to do everything possible to protect American facilities and personnel.

Dissident artist filmed the incident and posted the above video to Youtube, according to The New York Times, which also posted several photos and tweets that Ai had added about the incident.  Professor Joseph Chung of Hong Kong's City University told Voice of America that the protest likely took Beijing by surprise:

"This is of course embarrassing for the Chinese authorities. I do not think that the Chinese authorities would like these events to occur," says Cheng, who added that it was likely just a coincidence that it happened during a visit by U.S. defense chief Leon Panetta. "Naturally, any cars belonging to foreign embassies or foreign diplomats might be a target of harassment very near to the Japanese embassy."

See also CDT coverage of the recent anti-Japan protests.

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The Daily Twit – 9/20/12: Stop Me If You’ve Heard This Before

Posted: 20 Sep 2012 07:08 AM PDT

So I looked over my list of China news stories I flagged throughout the day for this post, and it occurred to me that with only a couple of exceptions, most of the articles cover ongoing topics. In other words, nothing much new happening over here, just updates.

Maybe that's a good thing. What with the spat with Japan, crazy rumors about the health of the country's leaders, and the usual trade disputes, we could all use a moment to relax.

So put your feet up, open a bottle of wine, put on some music, and read on, safe in the knowledge that nothing here is going to freak you out:

Shanghai Daily: Japanese car production at a standstill — As I mentioned earlier in the week, there will be a lot of cleaning up to do following the anti-Japanese protests. The private sector will take some time to get back to normal.

MarketWatch: Anti-foreigner sentiment hurts the economy — This article is not just about protest in China, but about nationalistic fervor across the world and how it negatively impacts globalization and liberalization. Some very good food for thought, particularly for foreign investors.

Want China Times: Proview to be liquidated despite victory in Apple case — I keep saying that this story is over, and then something else happens. But actually, this is not exactly unexpected. After Proview failed to get 400 million bucks out of Apple, the writing was on the wall with respect to bankruptcy. This was inevitable.

Financial Times: China: running short of water — OK, definitely not a new story. China's water woes are well known. The wrinkle here, though, is how this will effect the energy sector and production facilities. Hint: it's not good news.

The Economist: Trade and the campaign - Chasing the anti-China vote — Discussion of the recent dual WTO cases filed by China and the US, and how this is being driven by the US election. Nothing new here, but a good analysis.

Forbes: The Missing $1 Billion In The US Trade Complaint — Speaking of the auto parts dispute, Jack Perkowski takes a look at the numbers and concludes that the case is bullshit (I'm loosely paraphrasing).

Seeking Alpha: Is China The Biggest Malinvestment Case Of All Time? — Economic doom and gloom story. Short version: China doesn't spend money very well because it is a command economy. It will therefore crash and burn (sometime).

CNN: Manufacturing growth slows in China — More bad news, but not terrible and not surprising. PMI still under 50, but perhaps the slowdown has slowed down, if you catch my meaning. I could better illustrate what's going on with calculus . . . if I understood calculus.

Wall Street Journal: Formerly Full Steam, China Shipping Risks Running Aground — Let's call this one of the "new" news stories of the day. It's another slow economy piece, which definitely isn't new, but it's the first article I've read about effects on shipping, so in my book, that qualifies as groundbreaking. Note: aside from the headline, the article contains no painful nautical puns or word play.

Want China Times:  Citron Steps Up Fight Against Chinese Entrepreneurs — The epic battle between investor Kai-Ful Lee and short seller Citron is proceeding apace. Sounds like the two sides are now lawyering up, perhaps in anticipation of a defamation case. Just between you and me, I'm enjoying the hell out of this. And the end of the day, though, I hope for Mr. Lee's sake that he has evidence showing that Citron made false statements in bad faith.

Bloomberg: Microsoft Said to Ask China to Stop Piracy at Four Firms — Microsoft has had remarkable success here working with the government to stop piracy at government offices. Today's story involves four SOEs, including China Post.

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Details of the Trials of Wang Lijun

Posted: 20 Sep 2012 06:37 AM PDT

has published a detailed nine-page account of Wang Lijun's trial, held in Chengdu on Monday and Tuesday this week, for , , and "bending the law for selfish means".

"I acknowledge and confess the guilt accused by the prosecuting body and show my repentance," Wang said in his final statement at court.

"My acts were crimes, and I hope the serious impacts (caused by my acts) both at home and abroad would be eliminated through the trial. Meanwhile, I hope the trial will issue a warning to society and let more people draw lessons from me," he said.

"For the Party organizations, people and relatives that have cared for me, I want to say here, sincerely, 'I'm very, very sorry, I've let you down,'" Wang said.

Speaking to The New York Times, Wang's lawyer endorsed the Xinhua account as, for the most part, a faithful record of the proceedings. It offers some explanation for the unannounced early start of what, it was initially reported, would be an "open" trial:

The Chengdu Municipal Intermediate People's Court held a closed-door trial on Monday for Wang on the charges of defection and abuse of power and an open trial on the charges of bribe-taking and bending the law for selfish ends on Tuesday.

Despite the gravity of these crimes, Xinhua explained, Wang's sentence is likely to be somewhat reduced because of his "meritorious reporting" of others' criminal acts. These others may include his former superior, fallen Party chief Bo Xilai, who for the first time was officially linked to the events surrounding his wife's murder of Neil Heywood. The Xinhua account describes what would turn out to be a pivotal moment, soon after which Wang fled to the U.S. consulate in Chengdu; Bo is not named, but his identity is clear.

Relevant testimonies from witnesses showed that on Jan. 28, reported to the then leading official of the Communist Party of China (CPC) Chongqing Committee that Bogu Kailai was highly suspected in the Nov. 15, 2011 Case. On the morning of Jan. 29, was angrily rebuked and slapped in the face by the official.

Guo Weiguo, who was present when Wang Lijun was slapped, said in the interrogation record that "the conflict was made public after Wang Lijun was slapped."

That Bo was told of his wife's crime and failed to bring it to light appears to implicate him in the cover-up for which Wang and four other police officers have already stood trial. Observers disagree, however, over what the episode's inclusion in the official record means for Bo's fate. From The Guardian:

[…] Kerry Brown, an expert on Chinese politics at the Sydney-based Lowy Institute for International Policy, said the party could still deal with Bo's case internally, adding: "It seems to have been very rigorous in keeping Bo's malfeasance apart from Gu's.

"That kind of story [about the confrontation] was so well known that it was hard not to try to address it."

He added: "I can't see any big gains from totally trashing Bo now. Not going for the jugular might be more sensible, particularly at the moment."

But others have read it as a sign of possible criminal proceedings. June Teufel Dreyer of the University of Miami told Bloomberg, for example, that "the nuggets are the clues which could lead to a Bo Xilai indictment later on. They have very cleverly left the door open with several phrases." The Financial Times' Kathrin Hille wrote that this interpretation is consistent "with information recently given to senior party members. Lin Zhe, a professor at the Central Party School, said the main point that the internal investigation had found Mr Bo guilty of was helping to cover up for his wife."

The Wall Street Journal's Deborah Kan discussed the issue with Jeremy Page, who concluded that an announcement on Bo's fate is likely "in the next couple of weeks, or immediately after [the] National Day holiday".

The final section of the Xinhua account is devoted to emphasising the investigation and trial's thoroughness, fairness and strict adherence to procedure:

Gu Mingan, a professor with the Law School of the Southwestern University of Finance and Economics as well as an observer at the trials, said the two sides made full efforts to raise and cross-examine evidence during the trials, and the court scrupulously heard the opinions of the prosecutors as well as the defense counsel, fully reflecting the judicial concept of the equality of the prosecution and the defense, and safeguarded the sanctity of law.

After the trials, Wu Qunfang, a resident from the Taoyuan community in the Chenghua District of Chengdu, said that after the trials they have fully understood the beginning and subsequent development of Wang Lijun's case.

"We believe that all is equal before the law and expect a fair verdict from the people's court," Wu said.

elaborated, stressing the inevitability of justice in China and invoking a favourite recent theme, the awesome "moral whip" of online scrutiny.

Those who commit crimes, regardless of the power or position they hold, will not escape punishment. Wang's case has strengthened this faith among the public and served as a serious deterrent in the country.

Wang's trial will drive forward China's political system, as it has highlighted the urgency of checks and balance of power.

Confusion still exists over the case, but people are gradually believing more that will eventually trump over any privilege.

Confidence is built on more criminal officials being firmly punished, on the influential emergence of online supervision and the rising voice of individuals via Weibo.

But the Xinhua account leaves some questions unanswered. Siweiluozi wondered, for example, what evidence exists that Wang had applied to the U.S. for asylum, justifying the charge of defection.

[… W]hat I really, really want to know now, though, is what is the prosecution's evidence for this? Do they have the application for asylum? If so, how did they get it? Or is their evidence of this fact Wang's confession?

If the evidence for Wang's asylum application is based solely on his confession, then this should be insufficient grounds to convict under Chinese law, since Article 46 of the Criminal Procedure Law states, in relevant part:

A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence.

To be clear, I am not saying that Wang will (or even necessarily should, within the terms of Chinese criminal justice) be acquitted of defection. I'm merely pointing to what I think is an interesting question regarding evidence. Put simply: what is the evidence to back up this charge? Unfortunately, I'm not optimistic that I will ever see either the verdict in this trial or, through some other means, the evidence disclosed in sufficient detail.

Xinhua's description of Wang's actions after he was drawn into Gu's conspiracy, such as secretly keeping hold of evidence against her, shows his acute awareness of being on treacherous ground. But according to a profile of Wang's earlier career by The Telegraph's Malcolm Moore, he had known for many years that his position was precarious:

As early as the late 1990s, when Mr Wang was a star policeman in the city of Tieling, in Liaoning province, he spilled his fears to Zhou Lijun, the script writer of "Iron Blooded Police Spirits", a television drama series based on his career. "I was in a bath house with Wang Lijun in Fushun, Liaoning, and we were both sitting naked in the hot tub," Mr Zhou recalled on his blog.

"And he said: 'I know exactly what I am, I am just a piece of chewing gum in the officials' mouths. They will chew me up and when they find there is no taste anymore they will spit me out onto the ground, and God knows whose shoes I will be sticking to by that time.'"

[…] "Everybody has some sort of mental problem," Mr Wang told Mr Chen, his biographer. "I dream about a normal life, but it is not possible. I am struggling between glory and confusion, but I will not let myself collapse. I may be wiped out by certain powers, or die when I am still young, but will remember me."

© Samuel Wade for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us
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