良好的名誉是人们在任何时代任何社会安身立命之本
郭国汀
良好的名誉乃人们在任何时代任何社会安身立命之本。一个人若失去了财富,当然是巨大的损失;若失去了爱情,更是重大的损失;如果失去了自信,自然也是严重的损失;然而,要是一个人丧失了良好的名誉,那么他就失去了一切!无论是从政还是经商或是做学问搞研究莫不如此;是故,古今中外人们为维护自已的正当良好名誉不惜抛头洒血者大有人在,南郭当然不能例外,吾历来像维护生命和自由一样维护已之名誉权。
自2003年1月吾立志改行做人权律师以来,特别是自成为郑恩宠的辩护律师以来,先后有不下一个加强排的共特、网警和党用文人匿名对郭律师进行了疯狂的诋毁诽谤。但南郭始终对匿名诽谤者一概不予理采!因为它们不敢公示真姓实姓足以证明其系胡说八道,当然不值耗精费时反驳,因为网警、网评员的主要任务即整天泡在网上专干诋毁志士仁人的名誉的勾当,旨在纠缠不休空耗人们的宝贵时间和精力;因此,若与匿名诽谤者论辩不休正是上了中共流氓的大当。
令人遗憾的是,近年来出现了某些来自民间反对派的诋毁郭律师声誉者。张思之大律师一句不负责任的玩笑郭国汀“不战而逃”,导致某些人士趁机竟相指责郭律师是逃兵!如果郭律师是所谓[逃兵]我不知道还有谁配称战士?!(详见“再论政治案低调消音妥协辩护论的严重危害性”及“郭国汀律师系统批判中共极权专制暴政论文目录”)李建强(刘路)由于我公开批评他若干原则性错误至为明显的论点,竟假[康平]匿名对郭律师疯狂诽谤,致使吾之老友草根也信以为真(见“ 敦促刘路公开辩污的最后通牒”);张耀杰恶意再三诽谤郭国汀律师,造成了极为恶劣的影响(见“痛斥張耀傑----予汝真诚道欠的最后通谍!”);刘荻恶毒诽谤郭律师写过[悔罪书]是[精神病]和刘逸民诋毁郭律师写了[悔过书]并向中共[乞求]出国,均严重地损害了郭律师的良好声誉(见“刘荻的灵魂竟是如此[美丽] !”和“ 郭国汀律师的[悔罪][悔过]与[乞求]”);还有鲁凡,草虾,[中华正国皇帝]胡德斌之流出于种种不同动机也恶意诋毁郭律师,造成郭律师的名誉受到损害。鉴此,南郭以为有必要将各界公众对郭律师的客观评价公之于众以正视听(见“各界人士高度评价郭国汀律师”)。鉴于张耀杰恶意再三诽谤郭律师,且在予之公开道歉的期限内不但拒不道歉,反而继续恶意诋毁郭大律师,南郭将适时正式提起名誉侵权损害赔偿之诉,起诉这个不懂装懂且人格低下的假、伪[学者](至少在批评郭律师问题上,张耀杰是货真价实的假冒伪劣[学者])!
南郭竭诚欢迎任何人对本人的任何论点提出任何正当批评批判,只要你的批判有理有据能自圆其说,南郭承诺随时愿意纠正业已被证明为错误的任何论点,若证明由于南郭批评错误造成任何人名誉受损,南郭亦将诚恳道歉;但南郭决不允许任何人诽谤,也决不放纵任何恶意诽谤者;南郭重申保留对任何恶意诽谤郭律师且拒不认错道歉者提起名誉侵权害赔偿之诉的权利。
2008年6月22日,第121个《反极权专制暴政、争自由人权民主绝食维权抗暴日》于加拿大
训斥张耀杰
郭国汀
自2003年1月始,先后至少有不下一个加强排的共特或党用文人匿
2008年6月7日
1、敬请张耀杰先生公开向郭国汀大律师赔礼道歉的公开函
张耀杰先生:近好!
近期发现张先生以真名实性在国际互联网上对郭国汀大律师进行了多次
如果张老弟勇于公开认错,并在30天内公开向郭国汀律师赔礼道歉
顺颂安好!
郭国汀律师
2008年5月21日
2、張耀傑敬答郭國汀先生
郭國汀先生:
一位臺灣筆友出於好奇,給我轉來你的落款時間爲2008年5月21
至於你的自稱"郭國汀大律師",我覺得非常之可笑。"大律師
我聽我的朋友趙國君先生介紹過你,他說你確實很有才華和激情
我和你並不是敵人,也沒有什麽權利之爭。我真誠地勸告你還是想辦法
張耀傑,2008年5月28日於北京家中。
3、怒斥张耀杰 !
郭国汀
日前南郭出于善意,对于公然编造谎言故意诽谤郭大律师的张耀杰
何谓大律师?
中文的大律师至少有两层含义:一指出庭律师,这源于英美法系的律师
南郭系执业21年的出庭律师,因此完全符合第一层含义的出庭大律师
既然如此,张氏有什么资格嘲笑南郭自称大律师?!其实
2008年6月4日
4、训斥张耀杰!
郭国汀
那个对中国司法审判实际几乎一无所知的张耀杰,大概以为他是所谓
张耀杰其实具有强烈的"王红旗"心态,由于其来自极贫困的河南省乡
张氏更有典型的河南南阳人的特征:骗子心态.当然南郭此处并非指河
郭国汀2008年6月7日
5、南郭自称郭大律师的理由请参阅:
《决不以出卖灵魂出卖人格尊严为代价打官司---
郭国汀( 2003-2-22 )原载中国律师网 ,现载《博讯新闻网》郭国汀律师专栏
吾执业已十八载矣,回首往事值得骄傲自豪的事好像不是太多
"执业十余年,耳闻目睹多少阴暗面。此种权钱交易之风逾演逾烈
正因为如此吾自称是个大律师!然而是个穷大律师而已。
达赖喇嘛代表流亡政府及全体藏民与中国政府和平谈判理所当然----
兼与王希哲兄商榷
郭国汀
王兄是对中国民主运动有过突出贡献的著名民运前辈,南郭历来十分敬重,也非常赞赏王兄之宁死不屈,决不向中共权贵或金钱低头的可贵气节。希哲兄早在
1974年11月毛泽东专权[杀人如草不闻声]的岁月,便勇于写出[关于社会主义的民主与法制]的大作,直陈已见,并因此身陷中共牢狱15年!却始终昂着 高贵的头颅,奋战在中国民主运动的第一线,此种大勇与担戴实属难能可贵。南郭毫不怀疑王兄的爱国真诚,在此,请接受南郭至诚的敬意。然而,今日阅及王兄之
[坚决反对中共政府与达赖谈判]一文,吾以为王兄之观点见解多有值得探讨商榷余地,且事关某些重大原则,鉴此,请恕南郭斗胆直言,若有得罪还敬请王兄海 涵。兹按王兄之文顺序逐条阐述吾之孔见。竭诚欢迎继续商讨争辩。
博讯郭国汀律师专栏遭中共当局恶意封闭
郭国汀
自2007年12月25日晚开始,中共特务彻底封闭<博讯>新闻网的郭国汀律师专栏;因为近日我连续发表了大量国际人权法律师资料及相关评论,使业内人士极易从中发现中共所谓人权法律的虚伪,也令中共克意欺骗国际社会的意图露无遗,进而令中共当局胆战心惊;还因为我公开批判胡锦涛,以大量事实充分论证定义胡氏实质是"重度政治精神分裂症患者,人权恶棍,法肓,政治白痴,小肚鸡肠的伪君子!" 当然亦可能我的文集点击率连续两年平均每日在四至五千人次,近几日又高达上万人次,中共专制暴政害怕其影响力.其实这仅能证明胡氏专制暴政的无知无能且下三烂,胡氏或有种或有胆或有智的话,应当公开论战!汝只会采取如此下流的封杀术,足证汝下流无耻,根本不配担任国家元首!
无论如何,中共专制暴政的没日已经来临,中国民运的战略反攻阶段已经开始;因此更需要将反对派各派力量组合团结起来建立坚强有力的反中共专制暴政联盟,唯其如此才可能战胜虽已彻底丧失精神、思想、理论、理想、合法性,但仍撑控全部国家暴力机器,仍拥有巨大的物质力量的穷凶极恶,垂死挣扎的中共专制暴政.因此,谁能有效地将中国民运成功地组合联盟,谁就是当然的倒共开国的民运政治精神领袖和首任倒共开国总统.南郭呼吁全体中国民运志士仁人,不分海内外,亦不分先后,抛弃一切私心杂念,一切以实现彻底铲除中共专制暴政的共同目标为转移.民运同道内部必须相互妥协,谅解,让步,有任何内部争议均可留待建立起自由、民主、人权、法治的宪政中国后协商解决。当此大敌当前,且天、地、人皆灭中共专制暴政的天赐良机之前,唯有团结一致共同对付流氓中共,国人才有未来,吾国才有明天!
2007年12月27日
附:攻击博讯有关黑客的IP记录
(博讯北京时间2007年12月27日 首发 - 支持此文作者/记者)
The True Situation of Freedom of Political Speech in China--my personal story
by Thomas( Guoting) Guo
4 November 2007 in Copenhagen, Denmark
INTRODUCTION
1.0
I am a human rights lawyer seeking protection in Canada against the CC,
which has persecuted me repeat and subjected me to a danger of torture
and a risk of cruel and unusual treatment on the basis of my political
opinions and my membership in a particular social group, namely,
political dissidents.
1.1 I believe that it is precisely for
my commitment to the rule of law that I have been persecuted by the CCP
and that I continue to be at risk of torture and cruel and unusual
treatment or punishment in China.
1.3 Domestic and
international colleagues alike have supported my work as a lawyer, a
law professor, an arbitrator, a judge and an author of a dozen books
and over four hundred articles. International recognition of my legal
work includes:
a. Maritime Lawyer of the Year Award 2001-2002 by Legal 500 Asia;
b. Invitation to be a visiting scholar at Columbia University School of Law in 2005-2006;
c.
Public appointment on 16 June 2005 as judge to an international
tribunal in Washington D.C. to try the Chinese Communist Party (‘CCP’);
and,
d. “Search for Justice" Award in Vancouver, B.C. on 17 July 2005.
SUMMARY
2.0 I come from a family of landowners and political dissidents. My grandfather was a landowner. My father was a member of Guo Ming Dang, a traditional opposition party. My mother was a member of San Qin Tuan,
also a longstanding opposition party. My family’s status as landowners
and dissidents led to unfair treatment under the Communist regime. We
were labeled a "black five family," which deprived us of the full
enjoyment of our rights and privileges in our employment, education and
political life.
2.1 I expressed dissenting political opinions
as a university student and then as a professional, which led to my
being subjected, on repeated occasions, to persecution and cruel and
unusual treatment by the Chinese government. Measures taken against me
for my beliefs and my work included:
e. Twenty-one days’
arbitrary detention in a mental hospital, between 19 February and 10
March 1984, at the orders of the CCP Secretary of Jilin University Law
School;
f. One-year revocation in 1988 of my licence to practice law, by the Fujian Judicial Bureau;
g.
Prohibition on two occasions, in 1987 and 1990, from pursuing an LL.M.
at Shanghai Maritime University, by the Fujian Judicial Bureau;
h. Prohibition, on four occasions, in 1987, 1988, 1989 and 1990, from taking the TOEFL (English-as-a second-language) exams;
i.
Prohibition between 1987 to 1999 to study in England on a program
organized by the Judicial Ministry of China, although I was the only
qualified applicant in Fujian province during that time;
j.
Revocation of my licence to practice law for a total of six months
between 1995 and 1996, by the Fujian Judicial Authority, to be
reinstated only if I “self-criticized," which I finally did in February
1996, leading to the reinstatement of my law licence one or two months
later;
k. Threat against my life in 1998 by the Fujian Police Bureau;
l. Revocation of my Internet Protocol address on three occasions in 2003 and 2004, by the Chinese Judicial Minister;
m.
Threats and warnings by the Shanghai Judicial Bureau, Police Bureau,
Secret Police on thirty-one occasions between 2003 and 2005 to give up
my human rights cases;
n. Threat against my clients, a
newspaper and a big insurance company, to fire me as legal counsel, in
October 2003, by the Shanghai Police Bureau;
o. Arbitrary police investigation in November 2003 into my firm's bank account; and,
p.
Offer of bribery by the Chief Officer of Shanghai Judicial Bureau in
October 2004 to give up my human rights practice in exchange for
referrals in maritime cases.
2.2 The most recent measures
taken against me by the CCP took place between 6 March and 20 May 2005,
when I was unlawfully detained on the basis of a charge of “gather many
people to disturb the social order" then a verbal, unofficial criminal
charge of conspiracy to overthrow the government, unlawfully
investigated, unlawfully detained and placed under house arrest while
on unofficial bail, for acting as legal counsel to six Falun Gong
practitioners. Those most recent measures against me include the
following:
q. Unlawful seizure of my office computer and documents, at 9 a.m. on 23 February 2005, by the Shanghai Judicial Bureau;
r. One-year revocation of my licence to practice law on 4 March 2005, by the Shanghai Judicial Bureau;
s. Unofficial, verbal criminal charge of conspiracy to overturn the government on 6 March 2005, by a police officer;
t.
Unlawful criminal investigation without any written charge ever being
laid, beginning at 8 a.m. on 6 March 2005 with forced entry into my
home, search of my house and that of members of my family, and seizure
of my computer, all my human rights files, other documents and my
personal journal;
u. Unlawful interrogation based on an
unofficial, verbal charge of conspiracy to overthrow the Government at
the police station for six hours on 6 March 2005;
v. Unlawful seizure of my cell phone and unlawful disconnection of my home telephone line between 6 March and 26 March 2005;
w.
Verbal threat by police enforcement officers on 26 March 2005 that if I
informed anyone of the circumstances of my arrest and detention, my
cell phone and home telephone line would be seized and disconnected
again;
x. Unlawful detention under house arrest while on
unofficial bail for unofficial charges of conspiracy to overturn the
government, between 6 March 2005 and 20 May 2005 (24-hour surveillance
of the home and of family members by more than 20 enforcement officers
between 6 March and 26 March 2005 and 24-hour surveillance of the home
and of family members by more than eight enforcement officers between
26 March and 20 May 2005);
y. Interrogation at the police station every day between 6 March and 26 March 2005;
z. Coercion by the CCP on 19 May 2005 to sign a written pledge that included the following prohibitions:
i. Never taking on any human rights cases;
ii. Never contacting anyone involved in any human rights cases;
iii. Never referring counsel to human rights cases;
iv. Never offering legal aid to political clients;
v. Never attending any protests against the CCP;
vi. Never contacting any organizers of Falun Gong practitioners while abroad;
vii. Never contacting the Chinese branch of PEN or any other similar organizations;
viii. Never joining any non-governmental organizations (NGOs) or attending any NGO activities or to accept any NGO sponsorship;
ix. Not speaking at the academic meeting for which I was accorded a visa to Canada;
x.
Not contacting any person who is not related to my pursuit of academic
research or employment for which I was accorded a visa to the United
States;
xi. Never publishing any political materials, especially those critical of the CCP;
xii. Never speaking to any non-Chinese media; and,
xiii. Never speaking about Chinese politics and legal system.
Police officer threatened me on 9 May 2005 that I should never practice law anywhere in China ever again;
Police officer threatened me on 9 May 2005 that I should never teach law as a professor at any university in China ever again;
Police
officer threatened me on 9 May 2005 that I should never repeat the
circumstances of my arrest on 6 March 2005 and following events;
Police
officer threatened me on 9 May 2005 that I would be officially charged
with conspiracy to overturn the government if I broke any of the
above-noted prohibitions.
In direct opposition to the above-noted prohibition by the CCP:
I am publicly describing the circumstances of my persecution in China;
I
publicly denounced the CCP at a human rights conference in Toronto,
Ontario on 5 June 2005, during a memorial for the Tiananmen Square
Massacre;
I publicly denounced the CCP at a human rights conference in Vancouver, B.C. on 17 July 2005;
I publicly denounced acts of the CCP in over hundred articles published on the Internet between 20 May 2005 and the present;
I accepted an appointment to sit as a judge in July 2005 on an international tribunal in Washington D.C. to try the CCP;
DETAILED CHRONOLOGY
Family background and childhood
3.0 I come from a family of landowners and dissidents. My grandfather was a landowner. My father was a member of Guo Ming Dang (‘GMD’), a traditional opposition party. My mother was a member of San Qin Tuan
(‘SQT’), also a longstanding opposition party. My family’s status as
landowners and dissidents led to unfair treatment under the Communist
regime. We were labeled a "black five family," which deprived us, like
other “black five families," of the full enjoyment of our rights and
privileges in our employment, education and political experiences.
3.1
Employment was extremely difficult for members of "black five
families." My father was never promoted during his forty years of
employment with Changting People's Bank, despite his long service and
despite his being the only employee with a university degree. This was
contrary to normal employment practice. My father was fired from the
Changting People’s Bank on the ground that he was a “reactionary," Yi Da Sang Fang.
3.2 In the political context, the CCP repeatedly forced my father to publicly “self-criticize."
3.3
Education was also extremely difficult for members of “black five
families." My elementary and secondary school years were marked by my
marginalized status as a member of a “black five family." In each
school term, students had to fill in forms describing our family
background. The teachers taught that because my grandfather was a
landlord and because my parents were members of the GMD and SQT, my
family was “very bad" and that we would hurt the Chinese people if we
could. Teachers and classmates were often unfriendly and treated me
badly, trying to shame me. In high school, I was denied membership in
the Red Guard and the Communist Youth League, which served to further
exclude me from my peer group.
3.4 Higher education was
prohibited for members of “black five families." As a general rule,
members of “black five families" were forbidden from attending
university until after Mao’s death in 1976.
3.5 I graduated
high school in 1975 and applied for university after Mao’s death in
1977, when the ban on education for “black five families" was lifted.
3.6
Between high school graduation and university, I was a carpenter for
three months. I had been refused membership in the Red Guard and the
Communist Youth Leagueand without membership in these groups, one
cannot be admitted to university or employed in a factory or any other
state-owned enterprise. Many carpenters come from “black five families"
because the CCP deprives members of these families of landowners and
dissidents the right to education and the right to many kinds of
employment. In 1976, I went to countryside as a youth- Intelligence to
be a farmer but I was told that I would have to wait until at least
1995 to become a member of "the great workers’ class."
University student years
4.0
I had to take the entrance exams for university four times. During that
time, I worked as a middle-school physical education teacher (1978) and
a truck-driver (1979).
4.1 I was admitted to Jilin University
Law School in 1980, with a major in International Law. Law school
changed my life completely.
4.2 As the only university student in my large family, I placed an extremely high value on my studies. I studied quite hard.
4.3
My goal since starting law school in 1980 was to be a law professor. So
I had to decide on an area of specialization. I researched public
international law in 1981, private international law in 1982, and
international environmental law in 1983. I decided that my
specialization would be international environmental law because of my
dislike for politics, which I believed were made dirty and ugly by the
CCP. Environmental law seemed far removed from politics. I never
realized that one day I would fall deeply into the well of politics,
which would almost destroy me totally.
4.4 In law school, I
openly expressed my political opinions. Law school broadened my
knowledge, my thinking and my mind. I developed my own ideas about the
rule of law, philosophy and jurisprudence. I openly discussed and
argued with my classmates my belief that Marxism was out of step with
the times, that communism was nonsense that could never work in
reality, that Mao's thought was confused and wrong and that Mao was
only a third-class thinker and a ninth-class philosopher.
4.5
As a result of this expression of my political beliefs, my best friend
Mr. Zhang betrayed me and the CCP Secretary of Jilin University Law
School sent me into a mental hospital, where I was detained for 21days,
which had the effect of destroying my credibility in my goal to become
a law professor.
4.6 After my graduation from law school in
1984 I was sent by the Jilin University Law School to the High Court of
Fujian, but soon resent to the People's Representative Permanent
Committee of Fujian, then to the Fujian Judicial Bureau.
Legal career
5.0
Despite my political beliefs, my hard work in law was recognized. My
legal career advanced, but not without setbacks because of my political
beliefs.
5.1 After being detained in the mental hospital for
my political beliefs, I had to change my career goal from being a
professor to being a practicing lawyer. In August 1984, I become a
trainee in Fujian Foreign Economic Law Firm, which began my career as a
lawyer. As a lawyer, I again chose my area of specialty in terms of my
dislike for CCP politics, and I focused on international trade law,
international maritime law and marine insurance law. I published
several academic works in that area and soon earned a good reputation
as a scholarly and expert lawyer.
5.2 However, in June 1988, I
was betrayed by my girlfriend, who handed over to the CCP a personal
letter that I had written her, in which I criticized the CCP. As a
result, the Fujian Judicial Bureau revoked my license to practice law
for one year. For the same reason, the Fujian Judicial Bureau also
deprived me on two occasions of my right to pursue an LLM at Shanghai
Maritime University, forbade me four times to take the TOEFL exams and
deprived me of the right to go to England to study on a program
organized by the Judicial Ministry of China, although I was the only
qualified applicant during that time in Fujian province.
5.3
After ten years of hard work as a maritime lawyer, I dealt with
hundreds of cases, published over three hundred essays and case
studies, and nine legal books, which made me a leading maritime lawyer
in China. In 1993, I was praised as one of the four best young lawyers
in China by a leading lawyer’s magazine.
5.4 In 1995, I was
selected as one of six young lawyers to practice in Hong Kong. I
practiced at Richard Butlers & Company in Hong Kong for six months.
During that time, I represented a Hong Kong trade company against
Xiamen International Trade and Trust Company, the biggest foreign trade
company in Amoi. It was a big case that had been tried at the Xiamen
Middle Court from 1990 to 1994, appealed to Fujian High Court between
1994 and 1996 and eventually have been appealing to the Supreme Court
of China in 1996 to present.
5.5 In 1995, I learned from the
senior partner of my law firm, Mr. Han Li, that the Judicial Ministry
of China, under the pressure of the Minister, had threatened to make me
“self-criticize" for my work on the Xiamen case or my law license would
be revoked again.
5.6 I was so angry with this threat from the
CCP that I went to Singapore to pursue an employment opportunity.
However, in the end I chose to pursue my law career in China instead.
5.7
I returned to China in December 1995 to find that my license to
practice law had been revoked by the Fujian Judicial Authority and
would only be reinstated if I “self-criticized," which I finally did in
February 1996, leading to the reinstatement of my law licence one or
two months later, for a total of six months’ revocation.
5.8 In January 1996, I opened the Zenith Law Firm in Fuzhou with friends, which soon became a leading law firm in Fujian.
5.9
However, my involvement in a big case between 1997-1998 finally drove
me away from Fujian for good. My client was a trade company with a good
reputation as an import and export company run in Hong Kong for 29
years. My client had made 19 contracts with 11 Fuzhou trade companies
to export textile products to Italy. There were some disputes occurred
for payment for about USD $6,000,000.00 between the sellers and the
buyer, but the police, under the order of Fuzhou government
authorities, arrested and effectively took hostage the sister of the
general manager of my client, which forced the Hong Kong company to pay
the balance immediately. When my client went to Beijing to try to find
a friend to help her release her sister, she was arrested herself, then
sentenced to life in prison. My strong defense of this client made the
authorities very angry and the Fujian Police Bureau threatened to take
away my life in 1998. So I gave up my business in Fuzhou and moved to
Shanghai in the end of 1998.
5.10 in January 1999, I left Fujian and joined S.G. & Company law firm in Shanghai as a partner.
5.11 from January 2000 to June 2002, I joined Richard Wang & Company in Shanghai in charge of maritime group.
5.12
in June 2002, I became a founding partner of the Tian-Yee Law Group in
Shanghai. That firm lost a great deal in the first year, but the
situation turned for the better in its second year and the firm's good
reputation grew dramatically.
From maritime lawyer to human rights lawyer
6.0
One of the key turning points in my change of career from maritime
lawyer to human rights lawyer was when I began accessing the Internet.
I learned how to use the computer and do research work on the Internet
only after I opened my own law firm in Shanghai, because I was
dedicated to establishing an excellent reputation and spent a lot of
time on various Internet sites to set up my own columns. I spent about
four hours every day in online discussions about legal and political
systems, freedom of thought, freedom of expression and freedom of the
press, as well as about various cases. I published hundreds of essays
online and soon become a leading Internet columnist.
6.1 a
number of the essays about Falun Gong I published online drew
particular attention. Those essays criticized CCP's policies regarding
the June 4 th Tiananmen Square Massacre and regarding Falun Gong
practitioners. These essays received many hits and comments for this
reason, the China Judicial Ministry took away my IP address and my
Internet ID three times and finally prohibited me from publishing any
more essays online.
6.2 From the Internet, l learned that the
“cyber-dissidents," Ms. Liu Di, Mr. Yang Zili, Zhang Honghai, Mr.
Xuwei, and Jing Haike,Mr. Lo Yongzhong and Mr.Du Daobing, had all been
detained or sentenced to prison for their online publications. So I
offered to defend these cyber-dissidents.
6.3 In June 2003, I
become the defense lawyer for Mr. Zheng Enchong. During the trial and
appeal of the case, the Chinese government, on nineteen occasions,
threatened me and warned me to give up the case or I would personally
suffer, however, I definitely refuse to give up. Then, the Chinese
government prohibited me from speaking to the media about the case and
threatened my client not to engage me as his legal counsel. The police
checked my firm's bank account without reason. Then the government
offered to bribe me to give up my human rights practice: they stated
that if I stop defending “political criminals" they would send me
shipping clients.
6.4 After practicing eighteen years as a
maritime lawyer and handling hundreds of cases, publishing ten law
books and three hundred legal essays and case studies in maritime law,
commented by Legal 500 as the top leading maritime lawyers in China in
2001-2002, appointed as arbitrator of China Maritime Arbitration
Committee in 2001, Conciliator of China International Commercial
Chamber in 2002, researcher of Shanghai Maritime University in 2001,
researcher of China Foreign Economic and Trade University in 2002,
visiting professor of Wuhan University in 2003 and arbitrator of China
International Economic and Trade Arbitration Committee in 2005, I could
have continued to make a great deal of money as a maritime lawyer
without any danger.
6.5 Why did I change my mind to become a
human rights lawyer, who can make little money and who risks danger and
revenge by the CCP at any time? My reason is that I firmly believe that
the CCP is the source of all disasters in China since it took the state
power by force in 1949. China’s political and legal systems are
reactionary and backward, which makes a fair trial and justice
impossible. I realized that the human rights situation in China is
extremely poor, that there is no rule of law, that the authorities are
corrupt and that Chinese people suffer greatly and I learned about many
excellent fighters for freedom and democracy who sacrificed their
personal and family benefits and gave up material enjoyment. I also
learned that the Falun Gong practitioners suffer a great deal just for
their beliefs and I wanted to do something to help the Falun Gong. I
wanted to defend their fundamental human rights and I wanted to stop
the foolish policy of the CCP against the Falun Gong. I wanted to help
set up a true rule of law in China. I wanted to do something to push
the government to reform the political system as soon as possible. I
wanted to fight for fundamental freedoms and human rights of Chinese
people. My experience tells me that without reform of political and
legal systems, China will have no future and people will suffer even
more than before. Although my personal and family or career might
suffer a great deal, and despite the fact that as just one person, my
ability and energy are very limited, since no one dares to stand up and
fight for justice, I will. No matter what the result may be, no matter
what loss I will face. So I do it. I have to add that because of my
personal experience in which I suffered so much for my opinions, I
really do not want the disaster that happened in me to happen again to
others. I am so interested in jurisprudence and philosophy and I
believe that I am good at human rights law, and I can contribute much
more than I could as a maritime lawyer for my beloved country's
freedom, democracy, human rights, rule of law and Constitution. I
understand that if people cannot or dare not speak the truth or even
hear or learn the truth, a country must have no future at all. I also
believe that courage, honesty and integrity are the best characters of
human beings, so I always do and say what I think is right, just
according to my mind. Thus I know what I am doing, what the result
might be and what suffering I could face. However dangerous it will be,
however difficult it will be, I intentionally choose the path of human
rights. I just want to do my duty and mission according to my will. The
most important thing is that, from the very beginning as a young
lawyer, I made up my mind to be somebody in the future, so my practice
principle is: first, never fear death and second, never love money. Of
course what I mean by not fearing death is not so exact because life is
so valuable, sunshine is so warm, friendship and love are so charming,
the forestry grassland and sea are so full of life that how can I not
enjoy such lovely life? What I mean is that if I will die, I would like
to die for freedom and justice. I said never love money also not
exactly, because money is so lovely and useful, without it we can do
nothing, how can I not love it? What I mean is just that as a gentleman
I would like to make money through my wisdom and hard work, but never
sell out my dignity or my soul or my principles and never to cooperate
with the evil and corrupt CCP.
6.6 So I defended Mr. Zhang
Enchong strongly and excellently. I deeply researched the case and
delivered news of the case news around the world. I argued that Mr.
Zhang is not a criminal at all, but a hero of our time and great lawyer
in China, which many persons believe and agree.
6.7 Then I
defended Mr. Huang Junqiu, a young intellectual who wrote and published
one hundred and fifty political essays to criticize the CCP and
organized an internet party online, which made the CCP scare him great
deal and sentence him in prison for 12 years simply because his essays!
6.8 I defended Mr. Yang Tianshui and Mr.Zhang Lin as the top
moral gentlemen in current China, although the CCP is afraid of them
and forced them into prison repeatedly.
6.9 I defended Mr. Shi
Tao and praised him as one of the best and most elegant and high moral
young poets and journalists I have ever known.
6.10 I was also
the defense lawyer of Ms. Ma Yalian and Ms. Wang Shuizheng and Mr.Zou
Dayei, whose houses were evicted by Shanghai authorities.
6.11
all of the above-noted cases make the Chinese authorities targeted me.
They just try to find any opportunity to punish and threaten me to stop
and shut my mouth, for they are really scared of the truth.
6.12
when I deal with each human right case, I just do intensive research of
relevant facts, evidence, law and regulations, I make case studies and
draft essays to put it online to reveal the truth openly, for in China
there is no rule of law. In China, judges have no independent power,
there is no independent media. Therefore, the Internet is one of the
only ways that I can seek justice.
6.13 finally, in July 2004,
I become defence counsel to six Falun Gong practitioners. By common
sense I believe that the CCP's policy against the Falun Gong is foolish
and evil, so I decided to try my best to stop such unlawful and evil
prosecution. I did intensive research of Falun Gong and learned that
the belief is basic to the history of Chinese civilization and culture,
that it is a kind of body and soul training method, which is
comfortable and good for its practitioners and benefits the health of
both their body mind and spirit. Thus I drafted several articles to
discuss and defend the Falun Gong.
Circumstances leading to my flight from China
7.1 The third time I lost my license to practice law because of my opinions, I left China.
7.2
In September 2004, I became defence counsel for Falun Gong practitioner
Mr. Qi Yanlai, a young intellectual of excellent high morals and
persistence, who went on hunger strike lasting 780 days before I become
his lawyer. I also become the defense lawyer of another practitioner
Mr.Chen Guanghui, who was bit to plant man for two years and finally
died in Juanary 2007, I delivered news of the cases on the Internet,
which, I believe, is the direct reason that the Chinese authority
decided to take revenge against me.
7.3 The CCP deprived me of
the right to practice law. On 23 February 2005, at 9 a.m., 12 persons
from the Shanghai Judicial Bureau took away my office computer. On 4
March 2005, after the hearing, the Shanghai Judicial Bureau suspended
my licence to practice law for one year in the name of breach of
Constitutional speech. Ironically, at the same time, police detained
five friends of mine for five hours, who had wished to attend the
so-called open hearing.
7.4 The CCP deprived me of my freedom
by detain me under house arrest and strict surveillance, on bail. At 8
a.m. on 6 March 2005, more than thirty policemen broke into my home,
made a forced search of the premises and took away my personal journal,
my computer, all my relevant files, as well as many documents. The
police detained me in the police station for six hours and then
released me on bail. I remained on bail and under house arrest and very
strict surveillance until I boarded a Canadian flight on 20 May 2005.
Between 6 March 2005 to 26 March 2005, the police seized my cell phone,
cut my home telephone line, and maintained a police surveillance of
more than 20 policemen to monitor my home and family members 24 hours a
day. From 26 March 2005 to 20 May 2005, there were at least eight
police officers monitoring my home and my family members wherever they
go and whenever they went out of the home. Since early March 2005, my
case received a lot of international media attention. Under the
pressure of international appeals to release me, the Chinese
authorities relaxed surveillance of me and my family, returned my cell
phone, reinstated my home telephone, though it was tapped. However, the
policemen threatened me that if I said anything about what the police
have done to me, they will cut my phone line again.
7.5 The
CCP totally destroyed my legal career. Since I lost my freedom and the
authority took away my computer and all human right cases for three
month which totally destroy my law practice and career, I have to give
up my firm without a penny’s compensation, although to set up the firm
took me three years and I lost a million RMB without recover yet.
7.6 The CCP forced me to “self-criticize."
7.7 The CCP forced me to sign a written pledge, drafted by the Chinese government authority, which is utterly ridiculous.
7.8
After the events of March 2005, I tried to find a job in my best
friend's law firm, Chunag-yan Law Firm, because he invited me to join
him as a partner a few weeks before I was placed under house arrest.
But when I phoned him to tell him that I would like consider his offer,
he acted like he knew nothing about it.
7.9 Then I tried to
move to Beijing to join my friend’s firm there, but the police Liu, who
are in charge of my case, told me that it is absolutely impossible for
me to practice law anywhere in China ever again.
7.10 so I
tried to change my career to that of a full time law professor in
Beijing University or Qinghua University then Shanghai Jiaotong
University, for my ability to be a law professor is much better than a
practicing lawyer. However, all universities to which I applied for the
position of full-time law professor either politely refused my
application or didn’t reply at all.
7.11 only then did I
realize that there is no way for me to practice as a lawyer or teach as
a law professor in China as long as that country is under the control
of the CCP. Therefore, I had no choice but to go abroad to make a
living. The authority of China agreed to let me go but forced me to
“self-criticize" and to sign their pledge. Thus, on 20 May 2005, I left
for Canada. The Chinese authorities seemed to be quite happy and
relieved to see me go. They sent secret police to take digital photos
and make a very thorough inspection of my luggage. When the airline
took up from the ground of my beloved motherland, the tears cover my
face and I even do not know whether it is pain or happiness that made
me cry, it might just be a mix of both without any reason. But
definitely, I knew that a new stage of my life had begun.
CONCLUSION
8.0
In addition to my own experience of measures taken against me by
various branches of the Chinese government, the measures taken by the
CCP against members of my family and against similarly-situated persons
lead me to conclude that in China there are no Freedom of Speech
although the constitution law stipulated we have, anyone who dare speak
out what his or her true opinion of politics, either in danger or in
prison.
8.1 By reason of my well-experienced of repeat
persecution by the CCP for my expression of political opinion that I
firmly believe that there is no rule of law or human rights in China,
for even as a prominent Chinese human rights lawyer could not protect
his own fundamental human rights, ordinary people definitely have no
such rights at all.
8.3 In my opinion, in a country where
human rights lawyers can hardly even protect their own fundamental
human rights, how can one expect a decent record of human rights? The
purpose of the authorities to suspend my law license is to deprive
lawyers of their right and duty to defend human rights cases and
threaten others from taking on human right cases. The conclusion arisen
from all of the above-noted facts is sadly disappointing. The CCP does
not like and hate, of course and scare of human right lawyers and is
trying its best to completely destroy their careers. There is no
freedom of speech, no freedom of the press and no freedom opinion in
China. My personal story tells that in China, one’s business and career
as a lawyer will come to an end if you speak your mind and heart. This
is the message they are trying to deliver through my case. However, I
believe this situation will last no longer, as justice will be done
soon in China.
8.4 After me lost my license, there are 12
Chinese human rights lawyers lose their license or put into prison or
suspend to practice or force into labour camp simply because they go on
defence for Falun Gong or political cases or sensitive cases, which
confirmed my conclusion that under the CCP’s dictatorship and
totalitarian regime China will go on from bad to worse until the CCP
evil regime go into the tomb.
2007 11 4 87 [ ]