Identifier
Created
Classification
Origin
06GUANGZHOU29575
2006-09-08 06:18:00
CONFIDENTIAL
Consulate Guangzhou
Cable title:  

South China Lawyer Detained in Guangzhou -- Law

Tags:  PHUM PGOV SOCI CH 
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RR RUEHCN RUEHGH RUEHVC
DE RUEHGZ #9575/01 2510618
ZNY CCCCC ZZH
R 080618Z SEP 06
FM AMCONSUL GUANGZHOU
TO RUEHC/SECSTATE WASHDC 2801
INFO RUEHOO/CHINA POSTS COLLECTIVE
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RUEKJCS/DIA WASHDC
RHHMUNA/HQ USPACOM HONOLULU HI
C O N F I D E N T I A L SECTION 01 OF 02 GUANGZHOU 029575 

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C O N F I D E N T I A L

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STATE FOR EAP/CM AND DRL
PACOM FOR FPA

E.O. 12958: DECL: 09/07/16
TAGS: PHUM PGOV SOCI CH
SUBJECT: South China Lawyer Detained in Guangzhou -- Law
Suit Planned

REF: A) Guangzhou 17671; B) Guangzhou 17422

C O N F I D E N T I A L SECTION 01 OF 02 GUANGZHOU 029575

SIPDIS

C O N F I D E N T I A L

SIPDIS
SIPDIS

STATE FOR EAP/CM AND DRL
PACOM FOR FPA

E.O. 12958: DECL: 09/07/16
TAGS: PHUM PGOV SOCI CH
SUBJECT: South China Lawyer Detained in Guangzhou -- Law
Suit Planned

REF: A) Guangzhou 17671; B) Guangzhou 17422


1. (U) Classified by Acting Consul General James Turner.
Reason 1.4 (d).


2. (C) On September 6, labor rights lawyer and China Labor
Watch employee, Tang Jingling, was detained at the
Guangzhou East Train station while proceeding through
passport control to board a train to Hong Kong. TangQs
passport was confiscated, because police in his hometown of
Shantou City, eastern Guangdong Province, had canceled his
passport. Tang believes the passport cancellation was
unfair and is planning to sue Shantou authorities over the
matter. TangQs incident is not new this year in Guangdong
Province, but rather is part of the larger effort by
Guangdong authorities to control unrest. The tactics
employed in this effort include restrictions on travel for
known activists and detention of foreign journalists. End
summary.


3. (C) On the afternoon of September 6, Tang Jingling, a
prominent labor rights lawyer in South China and a China
Labor Watch employee, was detained at the Guangzhou East
Train Station. Tang told Poloff he had been trying to
board a train to Hong Kong in order to eventually fly to
the United States. On August 30, Tang had received a visa
from Consulate Guangzhou (with a visa referral),with the
intent of attend training sessions at China Labor Watch
headquarters in New York.


4. (C) While trying to proceed through the passport
control, TangQs passport was taken from him, because his
passport had Qproblems.Q At first, the police would
provide no explanation why TangQs passport had been
confiscated. Because of TangQs legal background, he
demanded a written explanation from the police describing
the reason for this confiscation. After two and a half
hours, the police give Tang a written document stating that
his passport had been canceled by the Shantou city (in
eastern Guangdong Province) police, where Tang has his
permanent residency.


5. (C) Tang says he is now planning on suing the Shantou

Police for the incident. Tang bases his case on two
factors: 1) he received no prior notice of passport
cancellation before September 6; 2) there is no evidence by
the Chinese government why his passport merits
cancellation.

Activist Control in Guangdong Province
--------------


6. (C) This incident is not the first such act of control
by Guangdong Provincial authorities this year. Since the
violent protests in Guangdong ProvinceQs Taishi and
Dongzhou villages in August and December 2005 (where police
aggressively intervened to suppress villagers) Guangdong
officials have been greatly concerned about instability and
the role of political activists. Guangdong officials have
three strategies to deal with the problem. The first is to
change internal policy and attack the root of villagersQ
complaints such as corruption and land compensation issues
(ref A). The second strategy, as witnessed by this latest
incident, is to limit the space for activists to interact
(both within and without China) and influence other
citizens. For example, on February 3, the Hong Kong-based
South China Morning Post (SCMP) reported that Tang Jingling
was attacked by a gang of four men, because he had simply
visited the home of human rights activist Guo Feixiong,
known for his involvement with the Taishi incident.
Moreover, in the past few months, Guangdong authorities
have used similar travel restriction tactics with Zou Tao,
a Shenzhen-based property rights activists (ref B). On May
11, Zou was detained at Shenzhen airport while trying to
fly to Beijing. Last week, Zou told Poloff that he has
been completely barred from leaving Shenzhen (see septel)
and was detained again this summer while trying to travel
to Hong Kong.


7. (C) Guangdong authorities use as their third strategy
the restriction of media coverage of activists, village
protests, and other issues that might embarrass provincial
authorities. For example, in August 2005, several foreign
reporters claimed to have been assaulted while covering the
Taishi incident. One of them, SCMP reporter Leu Siew Ying,

GUANGZHOU 00029575 002 OF 002


was again recently detained by police on August 16, while
trying to research the current situation of the Taishi
village. According to Leu, she had originally arranged a
police escort to take her to Taishi, but was uncomfortable
with the van that had been provided. She and her original
driver then decided to return to Guangzhou, but stopped
briefly at Taishi on the way back. An unmarked car
followed them to the village and detained Leu for allegedly
Qdisturbing orderQ and Qtraveling without a passport.Q Leu
was then taken to a local Panyu (a district south of
Guangzhou city) police station for eight hours and was
threatened with a strip search, but authorities finally
gave up on this tactic when they could not give Leu a
reasonable explanation of the necessity of the strip search.
Since the incident, Leu and another SCMP editor have filed
a complaint at the Guangdong Foreign Affairs Office. In
the coming weeks, Leu is also expecting to publish an op-ed
article in the SCMP about her experience.

Comment
--------------


8. (C) This incident is the latest example of how Chinese
authorities try to restrict the activities of people they
consider a threat to state interests. Tang has never been
formally charged with any crimes, but has become well-known
to authorities because of his labor rights activism and
connection with other human rights leaders. On August 31,
Tang met personally with Poloff and complained of Public
Security Bureau officials following him into the place of
meeting. Apparently the Chinese authorities have been
following his case from a distance, but felt compelled to
intervene to prevent any international travel and possible
contact with outside activists.

Turner