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The Chinese legal sector has faced ever-tighter controls. Photo: Shutterstock

Chinese lawyers banned from discussing cases in public in latest move to tighten control over legal sector

  • New guidelines from the official professional association say some lawyers have been ‘hyping up cases’ and trying to influence public opinion
  • Practising and former lawyers warn that the measures will prevent them from representing their clients properly and curb their freedom of speech
Law

China’s official lawyers’ association has introduced new guidelines that ban lawyers from “hyping up cases” online or in the media in the latest move to tighten control over the legal profession.

The ethical guidelines issued by the All-China Lawyers Association this week came into force with immediate effect, initially on a provisional basis.

The Communist Party has been extending its reach into the legal system with tighter regulations and a string of disbarments since 2015’s “709 crackdown”, which saw about 300 rights lawyers, legal assistants and activists rounded up around the country.

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A briefing issued by the association said a “small number of lawyers” had “commented inappropriately and disclosed details to hype up their cases”, adding that the guidelines were designed to strengthen professional ethics and enforce discipline by stopping lawyers from releasing details of their cases through the internet, the media or clients’ families.

“Some publicise their cases on the internet to enable ‘trial by public opinion’ while some breach clients’ privacy, insult and defame case handlers, vilify their opponents and mislead public opinion in an attempt to influence the case proceedings,” it continued.

Lawyers are also not allowed to organise petitions and press conferences, publish open letters or engage in public advocacy works with the purpose of fanning public opinion to influence court decisions.

The guidelines say they cannot release documents, video or photographs without court approval.

They will also apply to cases in the post-trial stage, including appeals and retrials.

03:08

Chinese human rights lawyer Wang Quanzhang reunites with family

Chinese human rights lawyer Wang Quanzhang reunites with family

Comments on national policy, public events and all legal matters are not allowed to deviate from party doctrine or incite public dissent against the party and government under the new measures.

The briefing said it was “not unique to China to strictly regulate lawyers’ opinions outside the courtroom”, citing German regulations and Hong Kong’s contempt of court laws that bar lawyers from discussing the details of a case or commenting on them before a verdict is issued.

“The Lawyers’ Association will appropriately strengthen lawyers’ ethical training and professional disciplines to clarify their professional boundaries and red lines,” the guidelines said, adding that those who violate them would face investigation.

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Xie Yanyi, a former human rights lawyer whose licence to practise was revoked in 2018 following the 709 crackdown, described the new rules as “unconstitutional and unreasonable”, adding they would “severely limit lawyers’ capacity to maximise their clients’ interests through public advocacy”.

“Maximising clients’ interests within the bounds of law is a professional requirement for lawyers. We are here to tell the truth and fight against injustice. Limiting lawyers’ free speech in the public domain will essentially muzzle the entire legal profession,” Xie said.

“Banning lawyers from speaking up against injustice and unlawful legal practices will only further aid ‘black box’ operations,” he added, referring to cases where there is little transparency and a lack of checks and oversight.

01:17

Wives of detained Chinese human rights lawyers shave heads in protest

Wives of detained Chinese human rights lawyers shave heads in protest

Peng Jian, a practising lawyer who has defended a number of sensitive human rights cases, also criticised the guidelines as “legally unprofessional” for using languages such as “hyped up” and “sensationalising”.

“This is meant to turn lawyers into party-loyalists, making them subservient to the government, procuratorate and courts instead of serving their clients,” Pang said.

“This also severely undermines lawyers’ rights to free speech while paralysing them in the fight against injustice.”

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