Rule of law in China at stake

Detention of rights activists without trial is nothing new in China and worst still, law enforcers abused their power to stop the witness from testifying in the court to defence for activists. The police even held Hong Kong reporter in her hotel room in an apparent bid to prevent her covering the court case. Officers claimed that they had received a tip-off there were illegal drugs in her room. All these acts were outright infringement of the justice and rule of law.The tightening of the freedom of speech in all aspects has successfully generated silencing effect, which obscured any opposing voices for the purpose of creating a 'harmonious' atmosphere on the eve of the 60th anniversary of the founding of the People's Republic of China.

Party leaders always reiterate that the rule of law is respected in China. However, their interpretation of the rule of law is quite remote from our understanding. The mounting cases of injustice in China only reflect that the 'rule of law' as claimed by officials has been misunderstood and it should better be termed as 'rule by law'. In China, politics supercedes laws and the legal system fails to serve the purpose of upholding the rights of people. It has been manipulated for strengthening the power of the ruling party. Laws become a tool of suppressing opposing voices.

Freedom of speech is constitutionally allowed in China. But the recent arrest of rights activists and the lack of transparency of the legal proceedings remind us that the rule of law in China is at stake. There is countless ambiguity in the legal system. Not long ago, AIDS rights activists were accused of 'threatening national security' simply because they helped those AIDS afflicted villagers and their families to fight for their rights. The so-called 'state classified documents' are only epidemiological data that should be made freely available to the public as practiced by most Western countries. Officials should clarify under what circumstances that people are at risk of infringing the national security law.

The relatively free and media friendly atmosphere during the Olympic Games and Sichuan earthquake gave people great hope on the future of human rights and democracy in China. The recent tighter grip on the freedom of speech and persecution of rights activists certainly disappoint us.

Escalating GDP growth should not be the only indicator of the strength of a nation. People in the world are expecting an emerging power that respects humans rights and freedom of speech. Is China ready for the next phase of 'Reform and Opening-up'.