Hao Jinsong

From Wikipedia the free encyclopedia

In this Chinese name, the family name is Hao.
Hao Jinsong
郝劲松
Born1972 (age 51–52)
Dingxiang, Xinzhou, Shanxi, China
NationalityChinese
Alma materChina University of Political Science and Law (LL.M)
Occupation(s)legal counsel, civil rights activist
Known forwinning administrative lawsuits and championing the rule of law in China
Criminal chargepicking quarrels and provoking trouble, fraud
Penalty9 years in prison;
fine of 350,000 Chinese yuan
Date apprehended
17 December 2019
Chinese name
Simplified Chinese郝劲松
Traditional Chinese郝勁松
Transcriptions
Standard Mandarin
Hanyu PinyinHǎo Jìnsōng [i]
Bopomofoㄏㄠˇ ㄐㄧㄥˋ ㄙㄨㄥ[i]
Gwoyeu RomatzyhHao Jinq-song [i]
Wade–GilesHao3 Ching4-sung1 [i]
IPA[xàʊ tɕîn.sʊ́ŋ] or [xàʊ tɕîŋ.sʊ́ŋ] [i]

Hao Jinsong LL.M. (Chinese: 郝劲松; pinyin: Hǎo Jìnsōng;[i] born in October 1972) is a Chinese law professional[ii] and civil rights activist.

Early life and work

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Hao was born in October 1972 in Dingxiang, Xinzhou, Shanxi.[2][3] Before becoming an activist, Hao had worked in the local bank for eight years.[4] He went to read laws at China University of Political Science and Law and graduated with a master's degree in criminal litigation.[5] He deliberately chose not to acquire a lawyer’s certificate, which he reckoned would hinder his pursuing in administrative lawsuits.[1] Hao then championed the rule of law in China by suing the Chinese authorities on trivial matters, which garnered him accolades even from some media considered as mouthpieces of the Chinese Communist Party, such as the People’s Daily.[6]

In September 2004, Hao sued the Dongcheng District Taxation Bureau for its inaction in dealing with his complaint against the then Beijing Railway Administration’s refusal to issue tax receipts for purchases he made on trains. He then sued the Beijing Railway Administration separately for this matter in less than a month later.[7] He won the lawsuit against the Beijing Railway Administration in June 2005.[8] He then brought up another case against the Beijing Subway for not issuing tax receipts for toilet fees, which he won again.[7] In 2006, he challenged the then Ministry of Railways for deliberately raising ticket prices during the Chunyun period without conducting a public hearing first. He was defeated in that case, but the price hike was scrapped shortly afterwards, and the case received favourable coverage from the China Central Television for his defence of the public interest. These trivial administrative lawsuits made him famous and brought him honours from various Chinese media, praising him for his ‘positive contribution’.[5] Hao was selected as a featured figure in the Procuratorate Daily’s How the Rule of Law Affects Our Lives: The 2005 Bluebook and again in the 2006 edition.[9][10]

In 2007, Hao sued the National Forestry Administration for its inaction and lack of transparency following the South China Tiger photograph claims, in which the Shanxi Forestry Department promoted fake news and photographs purporting to show the existence of a South China Tiger in the wild.[11]: 122  Hao also sued the person who had produced the false pictures, alleging that the person had harmed trust among citizens, harmed the honesty of the government, and harmed the honesty of society.[11]: 122–123  His various pieces of litigation were rejected by the courts.[11]: 131  Numerous central government media organizations including CCTV, Xinhua News Agency, and people.com.cn gave positive coverage to Hao's efforts.[11]: 131  In addition to positive press coverage, Hao's litigation on the South China Tiger issue was well-received by other activists.[11]: 133 

Detention, arrest, and adjudication

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Hao was summoned by the local police of his birthplace on 10 and 11 December 2019 for ‘picking quarrels and provoking trouble’ (Chinese: 寻衅滋事; pinyin: Xúnxìn Zīshì).[3][12] He was once again summoned on 17 December and was penalised with 15 days of administrative detention, citing the Anti-Terrorism Law, for his ‘repeated release of terrorism-involving remarks on the internet’ and ‘refusing to cooperate with public security organ’s preventive efforts on anti-terrorism and security’, which as per the statement from the police, ‘caused serious consequences’.[3][13][14]

15 days later, on 2 January 2020, Hao was converted to criminal detention and transferred to Wutai County Detention Centre on suspicion of ‘picking quarrels and provoking trouble’.[15][16] Under criminal detention, Hao was denied meeting with his lawyer, citing that the case was ‘investigated by a special investigation team’ and required additional authorisation.[14][17] He was formally arrested on 17 January 2020 upon the approval from the local prosecution with two charges, adding ‘libel’ (Chinese: 诽谤; pinyin: Fěibàng) besides the already accused ‘picking quarrels and provoking trouble’.[18][19] Four months later, in the middle of May 2020, the investigation authority finished their work with two months of extensions, added another accusation of ‘fraud’ (Chinese: 诈骗; pinyin: Zhàpiàn), and transferred the case to the local prosecution for examination.[20][21]

On 20 July 2023, after being detained on remand for over 1,300 days, Hao was convicted of ‘picking quarrels and provoking trouble’ and ‘fraud’ by the Dingxiang County People’s Court and was given a concurrent sentence of fixed-term imprisonment for nine years, with a fine of 350,000 Chinese yuan.[5][22][23][24]

In separate terms, the court found him guilty of ‘picking quarrels and provoking trouble’ for his reposts and comments on several social media platforms that deemed ‘containing false information’ and ‘being widely spread over the internet, causing a large number of views, reposts, and comments’, which ‘obscured the facts’; the court found him guilty of ‘fraud’ for the concealment of his non-practising lawyer status in his past two provisions of legal consultancy services in 2013 and 2017. Hao received one year and nine months for the first conviction, with another eight years and a fine of 350,000 yuan for the second, which were combined by the court into nine years and a fine concurrently. The charge for ‘libel’, however, was dropped in the court’s adjudication.[5][23]

Hao’s judgement was not proclaimed in public, which is an explicit violation of Article 202 of the Criminal Procedure Law,[iii] nor was it sent to his family or published on the internet, which is noted by some media to be the ‘new normality’ in mainland China.[24]

Hao did not lodge an appeal in court.[26]

See also

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Notes

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  1. ^ a b c d e f The Chinese character ‘劲’ can be pronounced as ‘jìn’ or ‘jìng’. While both are correct in mainland China, with the former being more prevalent; the latter is, however, the only proper pronunciation per Taiwan standard. Therefore, it was annotated as ‘Hǎo Jìnsōng’ in Hanyu Pinyin, and transliterated this way as his name in English since he is a mainland Chinese. But it was annotated as ‘ㄏㄠˇ ㄐㄧㄥˋ ㄙㄨㄥ’ in Bopomofo, and transliterated as ‘Hao Jinq-song’ in Gwoyeu Romatzyh and ‘Hao3 Ching4-sung1’ in Wade–Giles since these methods are predominantly used in Taiwan. The IPA annotation has kept the both to respect the pronunciations on both sides.
  2. ^ While being referred to as ‘lawyer’ on many occasions, including many of the cited sources in this entry, Hao has explicitly stated many times that he did not acquire the lawyer’s certificate and, therefore, is not a lawyer.[1]
  3. ^ Article 202 of the Criminal Procedure Law of mainland China explicitly stipulated that ‘In all cases, judgements shall be publicly pronounced.’[25]

References

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  1. ^ a b Kuai, Lehao (10 November 2009). "Hǎo Jìnsōng: Bù Fúcóng de Gōngmín" 郝劲松：不服从的公民 [Hao Jinsong—The Citizen that Disobeys]. 南方人物周刊 [Southern People Weekly] (in Chinese (China)). Guangzhou. Archived from the original on 21 July 2023. Retrieved 21 July 2023 – via China Digital Times. (First question in the interview section) 我本来就不是律师，我没有资格证，也从未假装过我有资格证。我是一个公民，一直以公民的身份作战。因为如果你是一个律师，在一些事情上，司法局和你所任职的律所就有办法让你很难受，你要受指挥，你会有顾忌。 [I was never a lawyer in the first place, I do not have a lawyer’s certificate, and I have never pretended the other way. I am a citizen and I have always fought as a citizen. You see, if you were a lawyer, then over some matters, there would be ways in which the Department of Justice and the law firm you work with can make things very difficult for you, and you will be subject to their commands, and therefore, you will have your scruples.]
  2. ^ Wang, Heyan (22 July 2023). Gao, Yu and Bao, Qi (eds.). "Gōngyì Sùsòngrén Hǎo Jìnsōng Yīshěn Huòxíng Jiǔ Nián, Fěibàngzuì Zhǐkòng Wèi Rèndìng" 公益诉讼人郝劲松一审获刑九年　诽谤罪指控未认定 [Public Interest Litigant Hao Jinsong Sentenced to Nine Years in Prison in the First-Instance Trial with Libel Charge Not Established]. Caixin (in Chinese (China)). Beijing. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  3. ^ a b c Ling, Jiangfeng, ed. (17 December 2019). "Zhīmíng Fǎlǜ Rénshì Hǎo Jìnsōng Zài Zāo Chuánhuàn" 知名法律人士郝劲松再遭传唤 [Prestigious Law Professional Hao Jinsong Summoned by the Police Again]. China Citizens Movement (in Chinese (China)). Archived from the original on 28 March 2023. Retrieved 21 July 2023.
  4. ^ "Zhōngguó Shídà Fǎnfǔ Míngrén Jiǔ Rén Zāo Dǎjī Bàofù" 中国十大反腐名人九人遭打击报复 [Nine of the Top Ten Anti-Corruption Figures Suffered Retaliation]. Voice of America (in Chinese (China)). Washington, D.C. 17 March 2009. Archived from the original on 21 July 2023. Retrieved 21 July 2023. (Paragraph 7) 曾经在山西省定襄县工商银行工作过的北京法律公益研究中心主任郝劲松说…… [Hao Jinsong, director of the Beijing Research Centre for Law and Public Interest, who once worked at the Dingxiang Branch of the Industrial and Commercial Bank in Shanxi Province, said that…]
  5. ^ a b c d Liang, Xinlu and Mai, Jun (20 July 2023). "Chinese citizens' rights activist Hao Jinsong jailed for 9 years for fraud and 'picking quarrels and provoking trouble'". South China Morning Post. Hong Kong. Archived from the original on 20 July 2023. Retrieved 21 July 2023.
  6. ^ Ford, Peter (22 February 2008). "How one man in China strengthens the rule of law". The Christian Science Monitor. Beijing. Archived from the original on 18 May 2022. Retrieved 21 July 2023.
  7. ^ a b The Editorial Group of the Reader Series, ed. (2017). 让规则看守世界 [May the Rules Guard the World] (in Chinese (China)). Lanzhou: Gansu People’s Publishing. ISBN 9787226051634.
  8. ^ Dong, Yunhu; Wang, Jinjun; and China Society for Human Rights Studies (2006). 中国人权在行动 2005 [China’s Human Rights in Action 2005] (in Chinese (China)). Beijing: CITIC Press Group. p. 320. ISBN 9787508510439.
  9. ^ "Jiǎnchá Rìbào Niánzhōng Pándiǎn: Fǎzhì Yǐngxiǎng Shēnghuó 2005 Lánpíshū" 检察日报年终盘点：法治影响生活 2005 蓝皮书 [The Procuratorate Daily’s Year-End Review: How the Rule of Law Affects Our Lives—The 2005 Bluebook]. 检察日报 [Procuratorate Daily] (in Chinese (China)). Beijing. 28 December 2005. Archived from the original on 12 January 2020. Retrieved 21 July 2023 – via Sina News.
  10. ^ "Chén Liángyǔ Àn Shōurù Zhōngguó Fǎzhì Lánpíshū, Zhāng Yù Chǒuwén Yě Shōurù" 陈良宇案收入中国法治蓝皮书　张钰丑闻也收入 [The Case of Chen Liangyu as well as the Scandal of Zhang Yu were Featured in the Bluebook of the Rule of Law in China]. 检察日报 [Procuratorate Daily] (in Chinese (China)). Beijing. 1 January 2007. Archived from the original on 12 January 2020. Retrieved 21 July 2023 – via Sohu News.
  11. ^ a b c d e Shi, Song (2023). China and the Internet: Using New Media for Development and Social Change. New Brunswick, NJ: Rutgers University Press. ISBN 9781978834736.
  12. ^ Jia'ao, ed. (18 December 2019). "Shānxī Wéiquán Lǜshī Hǎo Jìnsōng Zāo Jiēlián Chuánhuàn" 山西维权律师郝劲松遭接连传唤 [Hao Jinsong, A Weiquan Lawyer in Shanxi, Received Consecutive Summonses from the Police]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  13. ^ Mak, Yin Ting (6 January 2020). "Wéiquán Zhànshì Hǎo Jìnsōng Bèi Guānyā, Tuántǐ Yōu '709' Dàzhuābǔ Chónglín" 维权战士郝劲松被关押　团体忧「709」大抓捕重临 [Civil Rights Activist Hao Jinsong Detained, Raised Concerns Among Groups of Another Round of Mass Arrests Like 709]. Radio France Internationale (in Chinese (China)). Hong Kong. Archived from the original on 24 May 2022. Retrieved 21 July 2023.
  14. ^ a b Li, Gui (14 January 2020). Hua, Xuan (ed.). "Hǎo Jìnsōng Shè Xúnxìn Zīshì Bèi Xíngjū, Kànshǒusuǒ Jùjué Qí Lǜshī Huìjiàn" 郝劲松涉寻衅滋事被刑拘，看守所拒绝其律师会见 [Hao Jinsong Criminally Detained for Picking Quarrels and Provoking Trouble Allegations, His Lawyer’s Meeting Request Denied by the Detention Centre]. The Beijing News (in Chinese (China)). Proofread by: Li, Shihui. Beijing. Archived from the original on 3 February 2020. Retrieved 22 July 2023.
  15. ^ Ling, Jiangfeng, ed. (4 January 2020). "Hǎo Jìnsōng Bèi Zhuǎnwéi Xíngshì Jūliú, Zhōngguó Rénquán Lǜshītuán Qiǎnzé Suíyì Zhuābǔ Rénquán Lǜshī" 郝劲松被转为刑事拘留　中国人权律师团谴责随意抓捕人权律师 [Hao Jinsong’s Detention Converted to Criminal; Civil Rights Lawyers Group in China Condemned These Arbitrary Apprehensions]. China Citizens Movement (in Chinese (China)). Archived from the original on 23 March 2023. Retrieved 21 July 2023.
  16. ^ He, Ping, ed. (5 January 2020). "Zhōngguó 'Shídà Fǎzhì Rénwù' Hǎo Jìnsōng Zāo Xúnzī Zuìmíng Xíngjū" 中国「十大法制人物」郝劲松遭寻滋罪名刑拘 [Hao Jinsong, the Once One of the ‘Top-Ten Rule of Law Promoters’, is Criminally Detained for Provocation Allegations]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  17. ^ Jia'ao, ed. (14 January 2020). "Kànshǒusuǒ Jùjué Lǜshī Huìjiàn Zhōngguó Wéiquán Rénshì Hǎo Jìnsōng" 看守所拒绝律师会见中国维权人士郝劲松 [Detention Centre Denied Lawyer’s Request for Meeting with Chinese Weiquan Activist Hao Jinsong]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  18. ^ Ling, Jiangfeng, ed. (20 January 2020). "Zhīmíng Fǎlǜrén Hǎo Jìnsōng Bèi Shè 'Xúnxìn Zīshì, Fěibàng Zuì' Dàibǔ" 知名法律人郝劲松被涉「寻衅滋事、诽谤罪」逮捕 [Prestigious Law Professional Hao Jinsong Formally Arrested for ‘Picking Quarrels and Provoking Trouble’ and ‘Libel’]. China Citizens Movement (in Chinese (China)). Archived from the original on 27 March 2023. Retrieved 21 July 2023.
  19. ^ Gao, Feng (22 January 2020). Hu, Lihan; Jiayuan; and Hongwei (eds.). "Shānxī Wéiquán Rénshì Hǎo Jìnsōng Shè Xúnxìn Zīshì Fěibàng Zāo Dàibǔ" 山西维权人士郝劲松涉寻衅滋事诽谤遭逮捕 [Shanxi Weiquan Activist Hao Jinsong Arrested on Suspicion of Picking Quarrels and Provoking Trouble and Libel]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  20. ^ Jenn, ed. (23 May 2020). "Zhīmíng Fǎlǜrén Hǎo Jìnsōng Bèi Jiākòng Zuìmíng Yísòng Jiǎncháyuàn Qǐsù" 知名法律人郝劲松被加控罪名移送检察院审查起诉 [New Charges Added for Prestigious Law Professional Hao Jinsong as Case Transferred to Prosecution for Examination]. China Citizens Movement (in Chinese (China)). Archived from the original on 27 January 2021. Retrieved 21 July 2023.
  21. ^ Gao, Feng (25 May 2020). Hu, Lihan; Jiayuan; and Ruizhe (eds.). "Hǎo Jìnsōng Bèi Jiākòng Zhàpiànzuì Zhèngshì Shěnchá Qǐsù" 郝劲松被加控诈骗罪正式审查起诉 [Adding Fraud Allegation, Hao Jinsong’s Case is Now Formally Transferred to the Examination and Prosecution Stage]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  22. ^ Egg Bot (21 July 2023). "Hǎo Jìnsōng Yīshěn Huòxíng 9 Nián: Huòqǐ Wǎngluò Fātiē, Yīn Dàilǐ Ànjiàn Shōufèi Bèi Kòng Zhàpiàn" 郝劲松一审获刑 9 年：祸起网络发帖，因代理案件收费被控诈骗 [Hao Jinsong Sentenced to 9 Years in Prison in the First-Instance Trial: A Misfortune Caused by Postings on the Internet, Charged with Fraud for Charging Fees for Legal Consultancy]. Phoenix Television Website (in Chinese (China)). Shenzhen. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
  23. ^ a b "Zhùmíng Zhōngguó Fǎlǜ Rénshì Hǎo Jìnsōng Zài Bèi Jīyā Chāoguò 3 Nián Bàn Hòu Bèi Pànxíng 9 Nián" 著名中国法律人士郝劲松在被羁押超过 3 年半后被判刑 9 年 [Hao Jinsong, A Prestigious Law Professional in China, Sentenced to 9 Years in Prison After being Detained for Over Three and a Half Years]. Voice of America (in Chinese (China)). Washington, D.C. 21 July 2023. Archived from the original on 21 July 2023. Retrieved 21 July 2023.
  24. ^ a b Chen, Zifei (20 July 2023). Xu, Shuting; Chen, Meihua; Hanqing; et al. (eds.). "Wéiquán Lǜshī Hǎo Jìnsōng Bèi Jīyā Yú Qiān Rì Zài Bèi Zhòngpàn Jiǔ Nián" 维权律师郝劲松被羁押逾千日再被重判九年 [After being Detained for Over A Thousand Days, Weiquan lawyer Hao Jinsong Received A Heavy Sentence of Nine Years]. Radio Free Asia (in Chinese (China)). Washington, D.C. Archived from the original on 21 July 2023. Retrieved 21 July 2023.
  25. ^ Criminal Procedure Law of the People's Republic of China (2018) , Beijing: National People’s Congress, 26 October 2018.
  26. ^ "Hǎo Jìnsōng Yīshěn Bèi Pànchǔ Yǒuqītúxíng Jiǔ Nián" 郝劲松一审被判处有期徒刑九年 [Hao Jinsong Sentenced to Fixed-Term Imprisonment of Nine Years in First-Instance Trial]. 民生观察 [Civil Rights & Livelihood Watch] (in Chinese (China)). 20 July 2023. Archived from the original on 22 July 2023. Retrieved 22 July 2023.
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