Advertisement
Advertisement
Chen Guangcheng
Get more with myNEWS
A personalised news feed of stories that matter to you
Learn more

The saga of Chen vs Hong Kong's Basic Law

Introduction

In Hong Kong, when we are in trouble, we can rely on the police to help us. They will protect us and arrest criminals. But what happens if the police are the bad guys? Blind legal activist Chen Guangcheng , 40, nicknamed the 'barefoot lawyer', was unlucky enough to find out.

On April 22, Chen sneaked out of his village home in Linyi , Shandong province , where he was being held under unlawful house arrest. He fled to the United States embassy in Beijing. Now he is making world headlines. This is his story ...

Early life

Chen was born in Shandong in 1972. When he was a baby, he fell ill and lost his sight. He was unable to read until he went to high school, but he graduated four years later. He studied Chinese medicine, then went home to work as a masseur.

He was allowed to listen to lectures at a university and he began to understand more about the law and how it works. He picked up enough knowledge to be able to advise villagers in 1994, and file civil cases on various issues in local courts. He soon became known as the 'barefoot lawyer'.

Some of the villagers' stories disturbed him.

Official horror

In 2005, people began to tell Chen some terrible stories. Thousands had been forced to have operations to prevent them from having children. Thousands more, who were already pregnant, were forced to have an abortion.

An abortion is a procedure during which the unborn child is killed and removed from inside its mother.

Relatives of those who managed to escape this harsh treatment were imprisoned and tortured. Chen knew that all of this was wrong, and it was against the law.

In Hong Kong, a patient, or their family, has to give consent before they are given any medical treatment.

Press to the 'rescue'

Chen sued the officials in Linyi, in what is called a 'class action' suit. This means he was acting for a lot people, not just one person as is usually the case. But he knew he could not just let the matter end there. He went to Beijing to get more legal advice and let the public know what was going on. While he was there he spoke to journalists from the American magazine, Time, who interviewed him and published a story.

The court case in Linyi was dismissed. Local media igonred the issue, but the story in Time had done its work. Outsiders began to pay attention. The government investigated the charges and some of the officials were arrested. But Chen would not quit.

In Hong Kong, the media is free and able to report on these sorts of things to bring them to the attention of the public and the government.

Accusations, detention and beatings

Officials wanted Chen to stop his activism. They began to say that he was working for overseas governments against China. Eventually they put him under house arrest in August, 2005. That meant he could live at home, but he was not allowed to go out or have visitors.

Chen tried to escape to Beijing, but he was caught and beaten. He still refused to give up.

Lawyers from Beijing went to Linyi to try to help him. But officials beat them up and sent them back to the capital. After one beating, officials even refused to allow Chen to see a doctor.

In Hong Kong, it is against the law for any official to beat anyone, even if they think he has committed a terrible murder, or if they think he might have important information. It is also against the law to keep prisoners from getting medical help.

Taken

In March 2006, Chen went missing; no one, not even his family, seemed to know where he was. But in June that year, the authorities said they had detained him. His official arrest was dated June 10, one day before his family were told.

In Hong Kong, the state is not allowed to hold people in custody for longer than 48 hours. Once that time is up, they need to bring charges or let the person go. The state is not allowed to withhold information about arrests from friends or family.

Trial and prison

Before the trial, Chen's lawyers were arrested and unable to represent him. The state appointed a lawyer for him just before the case. Two hours later, Chen was found guilty of 'intentionally damaging property and gathering crowds to disturb traffic'. He was sentenced to four years and three months in prison. There were appeals - when a convict tries to get the court to change the ruling - but in the end the blind man remained in prison until 2010.

Human rights group Amnesty International named Chen a 'prisoner of conscience', which is a term used to describe someone imprisoned for their political views, religion or race.

In Hong Kong, you have the right to a defender. If you cannot afford to pay one, the state will appoint one for you. But if you already have one willing to defend you, that is the person who will argue your case.

No court can put you in prison for your race, religion or political views.

No freedom

Once he was released from prison, Chen's troubles continued. He was put under house arrest again. His young daughter was not allowed to go to school and even had her toys taken away. He and his family were beaten if they tried to escape. But that did not stop him.

In Hong Kong, once you have completed your prison sentence, you are no longer punished in any way, shape or form.

A prisoner's family is not punished, or arrested unless they have committed a crime.

The Magsaysay Award

In 2007, the media began to pay attention to the 'barefoot lawyer' from China. He was named in Time's list of '100 men and women whose power, talent or moral example is transforming our world', and then won the Ramon Magsaysay Award for Emergent Leadership. The Asian honour paid tribute to his 'irrepressible passion for justice in leading ordinary Chinese citizens to assert their legitimate rights under the law'.

Yet Chen never received it as he was still in prison; officials even stopped his wife, Yuan Weijing , from leaving the country to receive it on his behalf.

The world knows

Chen and his wife made a video tape of their treatment and it was released by an aid organisation. They were beaten again. But the world media began to pick up the story. Journalists from international media, such as CNN, tried to reach Chen, but they, too, were beaten up. More and more mainlanders tried to visit him with the same results. Even the local mayor took a turn at beating Chen and his wife.

Even 'Batman' himself was not safe from the thugs. Hollywood actor Christian Bale, who plays Batman, accompanied by CNN reporters, tried to visit Chen in December last year, but he was punched by the thugs that have kept Chen trapped in his own home.

Daring escape

On April 22, 2012, Chen escaped. To do this, he had to get past lots of security guards and cameras. He even had to climb over the wall surrounding his home. It took him a long time, but finally he reached Beijing and went to the US embassy. He released a video on YouTube on April 27, telling of what had happened to him and saying he wants only three things:

1 The people who assaulted his family should be prosecuted.

2 His family should be kept safe.

3 The government should prosecute corruption cases in accordance with the rule of law.

Since he fled . . .

There have been rumours that Chen wants to live in the US, but these have not been confirmed. If it is true, this could have a bad effect on high-level talks that Hillary Clinton, the US Secretary of State, and Timothy Geithner, the US Treasury Secretary, are due to hold with officials in Beijing.

Chen's brother and nephew have been arrested, along with other activists thought to have helped Chen to reach Beijing, or who may know something about his escape.

Post