Cheng Lei: 1,000 days imprisoned in China for an unknown reason

Close up photo of Australian journalist Cheng Lei, who is imprisoned in China.Nick Coyle

“One thousand days is a shockingly long time in detention,” says Nick Coyle.

He is speaking about his partner, Australian journalist Cheng Lei, who remains in a Chinese prison. The details of the charges against her are still a secret and she has not been sentenced.

Like Ms Cheng’s other friends and family, Mr Coyle says he still has no idea what she is supposed to have done to warrant this treatment.

“I would call upon the relevant authorities in China to resolve this awful situation as quickly as possible,” he tells the BBC.

Cheng Lei was working as a business reporter at China’s state-run English language television station CGTN when she was suddenly grabbed by state security officers on 13 August 2020, and later accused of “illegally supplying state secrets overseas”.

Her first six months were spent in solitary confinement, being placed in stress positions and, though being interrogated, with no access to a lawyer.

Since then, she has been held with other prisoners.

Her trial took place in March last year behind closed doors. Even Australia’s Ambassador to China Graham Fletcher was denied entry.

But her sentencing has been postponed again and again.

Calls by the BBC to the Beijing Second Intermediate People’s Court, where her trial was held, went unanswered.

Mr Coyle – the former chief executive of the China-Australia Chamber of Commerce – has now left Beijing but continues to work from overseas for her release.

“I took China’s ambassador to Australia, Xiao Qian, at his word in January when he expressed hope ‘that a solution will come as soon as possible’,” Mr Coyle says. “Five months later we are still waiting”.

Australian journalist Cheng Lei and her partner Nick Coyle

Contributed photo

Another Australian who’s been imprisoned following state secrets charges, Yang Hengjun, has also had his sentencing repeatedly postponed.

In China, what might be considered a “state secret” is a sweepingly general concept and can essentially be whatever the government wants it to be.

For a country trying to attract international business investment back to its shores after years of extremely strict Covid lockdown measures, the detention of foreigners for extended periods under an opaque, party-controlled legal system is proving to be a challenge.

Canadians Michael Kovrig and Michael Spavor were held under a form of hostage diplomacy, from 2018 to 2021, in response to extradition proceedings against Huawei’s chief financial officer Meng Wanzhou.

They were released hours after the US extradition request against her was dropped.

Yet the pressure on foreign companies remains.

Six weeks ago, a Japanese executive from a pharmaceutical company was detained, and China’s foreign ministry said he was suspected of carrying out espionage activities. In recent weeks, international corporate research firms have also been raided here.

Many would-be foreign investors are weighing up the risks of remaining in China but also feel they can’t ignore the obvious appeal of the country’s massive domestic market.

Australia and China have a had a rocky few years. Beijing placed sanctions on Australian wine, barley and lobsters. In this country with more than 5% of the entire population tracing their roots back to China, the tensions have been considerable.

Amidst all this friction, Cheng Lei’s case has drawn a lot of attention.

Over the years, the treatment of foreign passport holders with Chinese ancestry has been different to other foreigners when it comes to detention in China: in short, much more strict.

However, if the Chinese government thought that Australians would be less concerned about Cheng Lei because she’s ethnically Chinese, this has not been the case.

When she was picked up, her children were nine and 11. That they have not been able to see their mother all this time has resonated in Australia and beyond.

“Fair-minded Australians – from business to political leaders and in the general public – do not accept the status quo,” Nick Coyle says.

China’s foreign ministry has tried to water down global concerns regarding the case.

At a regular press briefing, spokesman Wang Wenbin said: “China’s judicial authorities have handled the case in accordance with the law, fully protecting Cheng Lei’s legal rights.”

On the second anniversary of her detention, he said that judgement would be passed “in due course”. However, more than a year after her secret trial, there has still been no “judgement”.

Cheng Lei and Nick Coyle

Nick Coyle

Being charged with an offence in China almost certainly means losing. The official conviction rate is nearly 100%. Lawyers and supporters do what they can to minimise the punishment the accused might face under these circumstances.

When it comes to foreigners, their governments attempt to negotiate with their Chinese counterparts to secure the release of their citizens. This can sometimes involve deals.

The Chinese government would like to see a visit to Beijing by Australian Prime Minister Anthony Albanese later this year, to formalise a recent thaw in relations.

The cases involving Cheng Lei and Yang Hengjun could be used as a bargaining chips by the Australian side to clear the path for this visit to take place.

The Australian Government says it has raised their cases on many occasions.

Last week, while he was in London for the Coronation, Mr Albanese said during a television interview that “our position on China has been to engage constructively but to continue to put forward that the impediments to trade should be removed, to say very directly to President Xi, that Australians such as Cheng Lei need to be given proper justice, and that they’re not receiving”.

It will not have gone unnoticed in Beijing that he mentioned Xi Jinping by name.

Much of Cheng Lei’s career had been spent trying to build bridges between the country of her birth and the country her family moved to.

That her case has pushed China and Australia further apart is not something she would have wanted.

In the limited messages from her that are able to come out of the prison via monthly half-hour visits by Australian diplomats, one thing seems to dominate: how much she misses her children and the extent of the pain she feels being away from them.

Nick Coyle says her children, now 11 and 14, have been doing their best to grow up in Australia without their mum, but “for Lei and her kids’ sake, I really hope a solution to all this can be found urgently”.

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India’s booming population needs more women at work

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Last month, India surpassed China as the world’s most populous country, prompting analysts to point out the potential benefits of its significant young demographic. However, a major obstacle to realising this potential is the insufficient representation of women in India’s workforce. The BBC’s Arunoday Mukharji reports.

When Lavanya Uluganathan decided to take a break from work in 2014 to have a baby, she felt torn and dismayed.

But the HR professional from the southern state of Tamil Nadu, who says she was at the “peak of her career” then, was clear that she wanted to spend time with her family.

Four years and two children later, she felt ready to re-join the workforce. But finding a job was hard.

She faced repeated rejections, and recruiters also asked her to take massive salary cuts, arguing that she couldn’t expect anything else after taking a break.

“It was a huge setback for my career,” she says.

Ms Uluganathan is not alone. Nearly half of India’s population is female and yet, the number of working women has fallen to record lows in the past two decades. According to data from the World Bank, the female participation rate in India’s labour force was at its peak in 2000 at 31%. Since then, it has consistently fallen, hitting a low of 21% in 2018.

Lavanya Uluganathan

There are many reasons for this. India is still a largely patriarchal society, where women are expected to be primary caregivers at home. Indian women spend eight times the number of hours on unpaid care work compared with men, according to a national time use survey from 2019. The global average is three times.

Experts say that safety concerns and not being able to find jobs close to home also prevent women in big cities from joining the workforce.

After months of searching, Ms Uluganathan did find a job – as a human resources manager at one of India’s biggest two-wheeler manufacturers.

The company has a scheme for women who are returning to their careers after a professional break – it offers flexible working hours, mentoring and training to them.

Ms Uluganathan said the programme helped her find her ground again.

“If you want us to come back with the same energy and enthusiasm, these kind of programmes have to be there,” she says.

Official data shows that only 32% of Indian women work after they get married – and most of them are part of the agricultural sector.

Ashwini Deshpande, an economics professor and head of the Centre for Economic Data and Analysis at Ashoka University, says that the country needs to create more non-farm opportunities in rural areas so that women can find jobs beyond agricultural work.

“If you want to gain from India’s gender dividend, then women need to be productively employed,” she says.

A 2018 McKinsey report estimated that India could add $550bn to its gross domestic product by increasing its female labour force participation by just 10%.

Currently, women employees account for less than 20% of India’s manufacturing sector. But some changes are visible, especially in the industrial belt of Hosur in Tamil Nadu.

Located just 35km (21 miles) away from the information technology hub Bengaluru (formerly Bangalore), Hosur is home to a host of industries and has become an attractive destination for investments.

Women working in a factory in Hosur

Six years ago, Roshni Lugun left her home – 2,000km away in Odisha state – and came to Hosur to work as an engineer in a factory. She started off by making shock absorbers for two- and three-wheelers and is now a staff supervisor.

“I wanted to try something new,” she says. “If I had stayed at home, I would never have progressed so far. I could not have achieved this.”

Like Ms Lugun, hundreds of other women working at the plant are changing the face of what was once a male-dominated industry. Even companies in the area are focusing on hiring more women in their workforce.

Gabriel India Ltd – an auto parts company in Hosur – says that more than 20% of the workers in its factories are women. The firm says the move makes sense from a business point of view. “Our internal studies have shown that attrition rates for women are lower,” says Atul Jaggi, president and deputy managing director of Gabriel India.

The company provides perks such as on-site accommodation, subsidised food and several training programmes to attract more women workers.

“It doesn’t cost more. These are basic facilities which any good organisation should have,” Mr Jaggi says.

Ms Lagun agrees. “Why should it be that for India’s economy to grow, only men have to work? We can also help,” she says as she supervises a female colleague who is putting the finishing touches on shock absorbers which will be fitted on two-wheelers.

For Ms Lagun personally, the most exciting part of her job is that it gives her a sense of independence .

“Sometimes when I am out with my friends, I spot a motorcycle fitted with our auto parts. And I say, look, I have made it. It makes me happy and proud,” she says.

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MAS to build new information-sharing platform for banks in Singapore to combat financial crimes

SINGAPORE: A digital platform for financial institutions in Singapore to share information on suspicious customers or transactions will be set up after parliament passed the Financial Services and Markets (Amendment) Bill on Tuesday (May 9).

The new platform will be jointly developed by the Monetary Authority of Singapore (MAS) and six major commercial banks – DBS, OCBC, UOB, Standard Chartered Bank, Citibank and HSBC.

These banks will be given access to the platform, called the Collaborative Sharing of Money Laundering/Terrorism Financing Information and Cases (COSMIC).

It is set to be rolled out in phases, starting from the second half of 2024.

In the initial phase, COSMIC will focus on three key financial crime risks in commercial banking, namely abuse of shell companies, misuse of trade finance for illicit purposes and financing that aids the proliferation of weapons of mass destruction.

Sharing of information will be voluntary during this initial phase that will last for two years. 

This is to allow the platform to achieve operational stability while MAS engages financial institutions to calibrate features and address operational issues, said Minister of State for Trade and Industry Alvin Tan as he tabled the Bill for a second reading.

MAS intends to make information sharing mandatory for higher-risk situations in the later stages, as well as widen COSMIC’s coverage to include more risk areas and financial institutions.

Further legislative amendments will have to be proposed in the later stages to effect these mandatory requirements. MAS will consult the industry and the public before introducing these amendments, a spokesperson told CNA.

WHY IS THIS NEEDED?

The initiative is part of efforts to beef up Singapore’s defences against money laundering and financing of criminal activity. 

Mr Tan, who is a board member of MAS, said that while financial institutions have made significant strides in this aspect, they are currently unable to warn one another about unusual activity involving their customers given customer confidentiality obligations.

“Criminals exploit this by making illicit transactions through different financial institutions to avoid detection,” he added.

COSMIC, which aims to eliminate these information gaps, will “make it easier for financial institutions to detect and thereby deter criminal activity”, Mr Tan told the House.

Currently, Singapore’s Banking Act mandates that regulated financial institutions and their officers uphold confidentiality when handling customer information.

A private-public partnership, dubbed Anti-Money Laundering and Countering the Financing of Terrorism Industry Partnership (ACIP), was established in 2017 to allow the MAS, the Commercial Affairs Department (CAD) and financial institutions to share specific information on a case-by-case basis.

Such a mechanism has “built trust among stakeholders” and demonstrates the benefits of information sharing, MAS said in response to CNA’s queries.

COSMIC will allow such information sharing “to be conducted at scale and in a structured format, to more efficiently and effectively pick out suspicious actors”, the spokesperson said.

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LinkedIn cuts over 700 jobs and axes China app

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LinkedIn has become the latest tech firm to axe jobs, closing 716 roles out of a 20,000 workforce.

The social media network which focuses on business professionals will also phase out its local jobs app in China.

In a letter by the company’s chief executive Ryan Roslansky, he said the move was aimed at streamlining the firm’s operations.

In the last six months, firms including Amazon, LinkedIn’s parent Microsoft, and Alphabet have announced layoffs.

“With the market and customer demand fluctuating more, and to serve emerging and growth markets more effectively, we are expanding the use of vendors,” Mr Roslansky wrote.

He also said the changes would result in creating 250 new jobs which employees affected by the cuts in its sales, operations and support teams would be eligible to apply.

After mostly withdrawing from China in 2021, citing a “challenging environment”, the remaining app called InCareers will also be phased out by 9 August. InCareers only covers the Chinese market.

A LinkedIn spokesperson said the firm will keep a presence in China to help companies operating there to hire and train employees outside the country.

LinkedIn has been the only major Western social-media platform operating in China.

When launched in 2014, the firm had agreed to adhere to the requirements of the Chinese government in order to operate there.

At the time, US senator Rick Scott called the move a “gross appeasement and an act of submission to Communist China”, in a letter to LinkedIn chief executive Ryan Roslansky and Microsoft boss Satya Nadella.

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Cops seek answers from industry chief

Jullapong: Faces police grilling
Jullapong: Faces police grilling

The Royal Thai Police (RTP) have invited the director of the Department of Industrial Works (DIW) to discuss its regulations on cyanide importation after publicity surrounding alleged serial killer Sararat “Aem” Rangsiwuthaporn’s use of the chemical compound for her crimes.

Deputy national police chief Pol Gen Surachate Hakparn, who is leading the investigation, updated the media on Monday that the case investigation has been making progress over the last four days, with no additional accusation issued recently.

Other leads, including the role of Montathip “Sai” Khaoin, are also being pursued, according to Pol Gen Surachate.

The investigation into roles others played in the poisonings is expected to be wrapped up within two days, said Pol Gen Surachate, adding that the investigators cannot release their names publicly since evidence is still being gathered.

The investigation team has not accused the factory that sold the compound to the suspect just yet. However, Pol Gen Surachate added that the DIW’s director, Jullapong Thaveesri, had been invited to discuss with the investigation team how the cyanide from the factory ended up on sale.

He added that the DIW had to answer questions on how controls on a potentially lethal poison were so easily circumvented before the investigation team tracked each factory that was allowed to import the compound.

They would also invite medical experts to discuss the cases and the information about cyanide and its compound today, according to Pol Gen Surachate.

On DIW’s side, Mr Jullapong said that the department planned to issue accusations of wrongfully using the chemical compound against not only Ms Sararat but also the actress, Preechaya “Ice” Phongthananikorn, who was said to have bought cyanide from the same lot as Ms Sararat to use as a pesticide. He added that charges related to the wrongful use of a chemical compound carry a sentence of no more than three years and pay no more than 300,000 baht in fines, or both.

The department will discuss with the Office of the Consumer Protection Board the advertisement for the chemical compound, including cyanide.

Mr Jullapong said 14 companies can legally import no more than 80 tonnes of cyanide per year. He said individuals who used more than 100 kilogrammes of the chemical compound over the past six months were legally required to report it to the DIW.

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China ‘will talk,’ but only if US changes its tune

Beijing has stated its terms for what it demands that Washington must do if the Americans want to resume dialogue. Those demands include:

  • Stop pressing Taiwan issues.
  • Don’t overreact in cases such as the recent balloon incidents.
  • Quit imposing new sanctions on the Chinese technology sector. 

Chinese Foreign Minister Qin Gang met US Ambassador Nicholas Burns in Beijing on Monday morning before departing for a five-day visit to Germany, France and Norway in the afternoon.

Qin told Burns that China and the US should avoid a “downward spiral” in their relationship but the US must first correct its perception of China and return to rationality. He said the US cannot seek talks while at the same time suppressing China. He said the US must not deviate from the one-China principle over the Taiwan matter.

The meeting came after Burns said in a webcast on May 2 that the US would continue to provide defensive arms to Taiwan and help the island’s authorities build up deterrence.

It was the first meeting with Burns since Qin took charge of the Foreign Ministry on December 30 last year. Their previous last meeting had been held in Beijing last October after the 20th National Congress of the Chinese Communist Party. At that time Qin was Chinese ambassador to the United States.

“Chinese President Xi Jinping and US President Joe Biden,” Qin said during Monday’s session, “reached important consensus in the Bali meeting last November.” However, “a series of erroneous words and deeds by the US since then has undermined the hard-won positive momentum of Sino-US relations,” he complained.

“There is an urgency to stabilize Sino-US relations, avoid a downward spiral and prevent accidents between China and the US,” he said. “This should be the most basic consensus between the two powers and a bottom line safeguarded by both sides.”

Qin said the China side will handle Sino-US relations by adhering to the principles of mutual respect, peaceful coexistence and win-win cooperation proposed by Xi. He said Beijing hopes the US will reflect deeply, walk with China in the same direction, and push Sino-US relations out of the difficult situation and back on track.

He added that the US should handle unexpected incidents in the relationship between the two countries in a calm, professional and pragmatic manner.

In late January, a Chinese balloon was seen flying in North American airspace. The US, calling it a spy balloon, shot it down and collected the residue. China insisted it was a “meteorological balloon.” The uproar resulted in the cancellation of a scheduled trip to China by US State Secretary Antony Blinken in early February. Last month, Blinken said he was ready to visit Beijing but he was rejected.

US Treasury Secretary Janet Yellen and US Commerce Secretary Gina Raimondo also have said they want to visit China this year but have not yet seen any progress.

US-China conflicts

On May 2, Burns commented on US-China relations during a virtual event organized by the Stimson Center, a Washington-based think tank. He said the two powers held different views on the Taiwan matter, on Russia’s invasion of Ukraine and on strategic competition in the high technology sector.

“Under the Taiwan Relations Act, and that goes all the way back to January 1, 1979, retroactively applied, the US has the obligation, as well as the interest, to make sure that we can provide defensive arms to Taiwan so that the Taiwan authorities can have a proper defense and we can help them build up deterrence,” Burns said.

“If Taiwan has sufficient deterrence in place, and if other countries around the world are supporting a peaceful resolution, one would hope that that would lead the Chinese to understand the consequences of the use of force in the Taiwan Strait,” he said.

He reiterated the US government’s stance of supporting the right of successive US House speakers Nancy Pelosi and Kevin McCarthy to meet with the Taiwan leaders.

Beijing said US arms sales have crossed its red line as they help promote Taiwan independence. State media said Biden promised in the Bali meeting that the US would not seek to support Taiwan independence but asserted that his words did not match his actions.

Chinese Foreign Minister Qin Gang (left) and US Ambassador to China Nicholas Burns Photo: Twitter, China’s Foreign Ministry

Caikaoxiaoxi.com, a state media outlet in China, published an article on Sunday evening with the title “The US has staged ‘Say one thing and do another’ to the extreme.”

The Beijing-based writer of the article adds: “The US used the so-called intensifying situation in the Taiwan Strait as an excuse to pressurize China on different international occasions.”

He criticizes the US for having approved a $400 million arms sales deal to Taiwan last December and for having passed the National Defense Authorization Act, which will provide the island with $10 billion in security assistance over the next five years. He also slams the US for finalizing the sale of 400 anti-ship missiles to Taiwan and sending a delegation of 25 arms dealers to visit the island last week.

Investment curbs

According to Burns, speaking on the May 2 webcast, Beijing had blocked eight communication channels with the US after Pelosi visited Taiwan on August 2 last year. He said he was called into the Chinese Foreign Ministry on August 3 evening and was told China’s stance, which was later published in a statement on August 4.

Then-Foreign Minister Wang Yi, who was on a trip in Cambodia, in that August 4 statement described the US as the biggest disrupter of the peace of the Taiwan Strait. He said Pelosi’s visit had left China with no choice but to retaliate. The release of the statement was followed by the three days of People’s Liberation Army drills near Taiwan.  

The Bali meeting had temporarily eased the tensions between the two countries but then came the balloon incident in late January and the manifestation of stronger economic ties between China and Russia in March, Burns said.

“In recent weeks, in the last month or so, there’s been consistent communication between myself and senior officials in the foreign ministry, my colleagues in the US Mission and their counterparts in the foreign ministry here,” he said. “That’s been a good sign, that we’ve been able to pass messages, trade views, talk about difficult issues, sometimes at great length, here in Beijing.”

On April 18, Politico reported that Biden was set to sign an executive order that would restrict US companies and private equity and venture capital funds from investing in China’s microchips, artificial intelligence, quantum computing, biotechnology and clean energy projects and firms. Biden will try to announce these investment curbs before the G7 Summit and ask US allies for support.

Chinese pundit’s views

A columnist of the state-owned Chengdu Radio and Television writes in an article on Monday that Qin has given the US an out by meeting Burns and telling him all Beijing’s demands. 

“Since the trade war broke out in 2018, there have actually been no dialogues and negotiations between China and the US,” he says.

“Firstly, the US’s attitude is not sincere, as it has imposed different curbs against China. Secondly, the US keeps creating new conflicts to worsen Sino-US relations. Thirdly, Biden and Blinken have said many times that the US wants to talk only if China is submissive to it. It is an unreasonable demand.”

He adds: “Finally, the China side stressed that dialogue must be conducted on the basis of equality, mutual benefit and mutual respect.”

The writer says China will not talk to the US for the moment due to the needs to safeguard its national interest and develop a stable bilateral relationship. He says if the US can fulfil China’s demands, both sides can resume dialogues immediately.

Read: US investment curbs on tech firms infuriate China

Follow Jeff Pao on Twitter at @jeffpao3

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Xi Jinping’s destructuring of power

When President Xi Jinping came to power at the 2012 Party Congress, he had to face serious and systemic challenges to the structure of the Chinese state.

Simply speaking, these challenges were branded “corruption.” But it was far more than corruption; it was the complete disruption of the decision-making process of the state coming after years of festering of long-existing problems.

It was unclear who made decisions, how, and through what process; things could be hijacked at any moment for any given reason. The Chinese state was facing unprecedented fissures that could disrupt the country and, by extension, also create significant problems abroad.

This predicament didn’t happen because of ill feelings or the lousy judgment of past leaders but because China was facing new problems the old state structures had not been geared for since the beginning.

In 1949, when the People’s Republic of China (PRC) was established, the new country was facing issues that were unprecedented in its long history.

Unlike other dynasties established through foreign intervention (like the one founded by the Manchu in 1648) or through “popular revolutions” (like the one that put the Ming Dynasty in power in 1368), the PRC didn’t want to brush up and reenact the feudal dynastic past. That is, it didn’t want to reapply most of the toolkit that made the Chinese state reestablish itself over and over again during the past 20 centuries.

The PRC was founded by a Western-inspired Communist Party that believed the old Confucian thinking was the root of decadence. The fall of the past dynasties was due to imperial thinking and imperial statecraft. Therefore, the new state had to be grounded on different rules. 

However, these rules were not ready-made. China possibly never suffered a similar situation.

Buddhism, like Western influence?

In the third century AD, China was returned after centuries of internal wars that slaughtered most of the population. Amid the vast bloodshed, China also went through an unprecedented cultural and intellectual revolution. 

Buddhism came to China from India and radically changed the Chinese way of thinking about the world. After some five centuries of turmoil and strife, and an uncertain power balance, a unitary China was re-established under the Tang dynasty. And the empire was very different than before.

A similar political and cultural shock swept China in the last moments of the Qing empire through the civil war, the Japanese invasion and the foundation of the People’s Republic. China was searching for a new identity, a new way of thinking and a new way of ruling itself.

The PRC underlined its specific nature by calling on “Chinese characteristics.” These Chinese characteristics were to set apart the Chinese Communist Party (CCP) from the Russian Communist Party and claim that the CCP and, therefore, its PRC were to be quite different from the USSR and how it was managed.

In the first decade or so of the PRC, the influence of the Soviets was paramount in China; still, after less than a decade or so, the PRC started to shed the Soviet influence and tried to move in a different direction, which was not that of Moscow, not the example of Western countries, and not the feudal past of China. 

It was uncharted territory where only the wisdom and the practical sense of the leaders of the time tried to move statecraft and decision-making along.

Without points of reference, however, the Chinese state soon became engulfed in a messy decision-making process that eventually centered only on Mao Zedong, who ruled by basically issuing statements that were to be followed countrywide.

The fledgling structure of the state set up after the republic’s foundation, the Party design that took shape in the anti-Japanese resistance and then the civil war, and the first attempt to manage the country were de facto destroyed by this method of ruling and the systemic punishment and re-education of Party leaders.

In 1976, at the end of Mao’s rule, the Party and the country were in shambles, and it was not clear how they could move forward. Everybody was disillusioned and didn’t believe in the Party any longer. Fortunately, at the time, China was not under heavy external pressure and the demise of Mao’s rule created new hope in the people.

A propaganda poster touting Mao Zedong's edict that youngsters from cities must go to the countryside for re-education. Photo: Handout
A propaganda poster touting Mao Zedong’s edict that youngsters from cities must go to the countryside for re-education. Photo: Handout

The country therefore managed to move forward. The big step in moving forward was Deng Xiaoping’s reform and opening up, which provided economic inspiration and real fuel for the nation. It motivated everybody and also held the country together because collectively the Chinese felt that they could get to a better tomorrow.

On the other hand, as a system of rule, Deng Xiaoping and his comrades established a new arrangement that tried to bring new order to Mao’s previous autocratic personal rule. They set up an agreement by which Deng was the first among a group of Party veterans called to make important decisions through consensus. This method created some confusion because it divided the power of the party, the power of the state and the power of the army without clear boundaries between their competencies and attributions.

In some Western countries, power is attributed to different parties but each has some borders on its strengths. In the United States, for example, the Federal Reserve can intervene in money supply, but the president cannot. There are some gray areas, but if somebody steps into them, there is a whole array of institutions and procedures to sort them out clearly and fairly quickly.

Yet borders of attributions of power were unclear in China at the time. This lack of clarity contributed to the situation of 1989, when confusing and contradictory orders came from the top to the ordinary people. People didn’t know what to obey and they chose to follow what they liked.

It was also a time when different ideas came from society, and it was unclear how the central government should respond to them. From the late 1970s to maybe the early 1990s, there was talk of the fourth modernization: democracy. 

Until the late 1990s, there were strong voices in the Party—supported by Qiao Shi, then-chairman of the National People’s Congress and president of the Central Party School—claiming that the rule of law should be paramount and should be followed by the Party, and that the Party shouldn’t be above the law but subject to the law.

No democracy, confusion

These drives and confusion over the lack of clear borders in the top leadership led, after 1989, to the decision to concentrate power in one man, Jiang Zemin. At the 1992 Party Congress, he had all the levers of power in his hands. He was president of the state, general secretary of the Party and chairman of the military commission.

Still, this concentration of power was largely formal and not totally real because power was still distributed among elderly veterans who could have influence and essential sway over the decision-making process of the Party and the government. 

Meanwhile, the push for putting the Party under the law never quite worked out, as it conflicted with the notion that the Party had a role in the ultimate leadership of the country. This was difficult to reconcile with the idea of ​​subjecting the Party to the rule of law.

For a spell, Jiang Zemin managed to have greater power than everybody else. After the death of Deng Xiaoping in 1997, he was the unchallenged paramount leader of the Party. Still, the decision-making process remained unclear. 

Because of the rules the Party set up in 1997, Jiang Zemin was supposed to retire in 2002; however, contravening those rules, he stayed officially in power until 2004, and actually he carried on having influence and authority even after that year.

It created a situation in which the following top leader, Hu Jintao, although officially the head of the party, the state and the army, had to juggle different pushes and pulls from Jiang and retired leaders, and also pushes and pulls from members of Politburo and the Standing Committee of the Politburo.

Leading lights from Mao Zedong (left to right) to Deng Xiaoping to Jiang Zemin to Hu Jintao and to President Xi Jinping at an exhibition in Beijing. Photo: AFP / Wang Zhao

The decision-making process became even more chaotic, confused and disorderly than before, leaving ever-more significant loopholes for corruption and profiteering that were pillaging the country’s wealth. The process was accompanied by massive economic growth, creating unprecedented wealth for everybody but at the cost of growing social disparity, ballooning internal debt and ample chaos in the organization of the Party and the state.

On the surface, it produced the phenomenon of corruption for ordinary people. Junior and senior officials took large amounts of money in return for favors granted to private or public companies. Corruption was just a superficial sign of a much deeper issue: a profound disruption and the messy situation of the decision-making process in China.

How could one make decisions? Ideas come from below and from above, findings come from sides and everything was total mayhem. The two episodes of the ex-Chongqing Party chief Bo Xilai and ex-chief of the Party general office Ling Jihua showed that senior leaders were not following the rules at a very senior level, the Politburo level.

The condition was messy and difficult to understand, let alone set in order. Not only was the Party not subjecting itself to its rules and regulations, but senior leaders were shunting all laws in the name of their pursuit of personal power. It was breaking the Party and the country apart. If the state crumbled, there would be no business opportunities either. It would simply be a time for pirates plundering the spoils.

Xi Jinping came to power with this tricky situation in the background. His answer, correctly so, I believe, was to concentrate power in his hands and establish direct and clear lines of communication and decision-making in the country, bringing borders and limits where the situation was getting muddled and entirely out of hand.

Perhaps even worse than during the time of Mao and the establishment of the PRC, for Xi there were no clear precedents and no clear examples to use. He apparently tried to find some inspiration in the imperial past, but knew very well that the imperial history was just an example, an inspiration, and not something that could be used fully in the new China. 

The other ready-made tool, known to himself and his cadres was the old communist, Soviet-era party organization. The imperial past culture and the Soviet precedent were the two instruments for his consolidation and reorganization of power in China.

Democratic institutions were not present, nor was tradition and thinking. Conversely, some parts of the Party, looking at the present situation in China compared to the United States and India, the latter a democratic country similar in size to China, didn’t understand democracy and came to believe it was unsuitable for China’s dimensions and traditions.

Xi was facing issues that China possibly had not seen since the fall of the Zhou dynasty sometime in the 7th or 8th century BC—that is, the fall of an old “imperial” order and the creation and the birth of hundreds of independent states , each claiming its own tradition and hierarchy.

The 2012 desert

It was a situation of permanent war when states were destroyed and entire peoples were annihilated. Then different pundits tried to bring order by setting clear rules of engagement between existing states, as, for instance, seen under the Confucians or the Mohists.

Eventually, the Qin state managed to eliminate all competing states and established a short-lived tight order that lasted only a few years before plunging the country back into chaos until the Han strenuously managed to piece together a different set of rules in a newly unified empire. That empire became the paragon and example for all realms in the future.

In 2012, there was little or nothing of practical use for Xi and his allies to apply in the new situation. But the example from 25 centuries ago may illustrate the kind of confusion that he was facing. The risks were perhaps not as dangerous, but the intellectual challenges to produce something new without any script to follow were there.

Of course, Xi was not literally facing the disintegration of the state, but the process of its meltdown was in place. He responded that while working on the integration of the state, he had to concentrate power and establish clear channels of organization and decision-making processes.

The anti-corruption fight was the superficial reason for this process, but the deeper reason was the reorganization of the state along more efficient lines. He decided to do that along contours that the official Chinese bureaucracy managed to understand. He took inspiration from the imperial past and ideas from the Soviet tradition.

A woman takes a selfie as Chinese President Xi Jinping’s speech is being broadcasted on a large screen in Beijing during the 100th Anniversary of the founding of the Communist Party of China, July 1, 2021. Photo: AFP / Noel Celis

Both are part of Chinese political culture and could help China quickly reshape itself into an effective administration. Other paths could have been more challenging and might have taken longer with uncertain results.

Xi did it: He uprooted corruption. He established a new set of rules that led up to him and his decision-making, and therefore created an organized system for facing internal and external problems. The system externally may look like the old imperial system. In it, everybody is subject to the law, except the top leader, who can move the needle of the law, if necessary, in one direction or another.

But nobody else can, and therefore he managed to reinforce and isolate power.

However, this seems to be a process that has not been ultimately ended. There are clear challenges to this effective yet rigid way of ruling the country. China established an immense bureaucracy grounded on the 97 million member-strong Party.

While in the imperial times the official bureaucracy organized by Beijing didn’t go below county levels, in modern China, we have two new phenomena. Bureaucracy goes down to the village level, a community which may have only 2,000–3,000 people. They were for millennia ruled by affluent families of landowners who contributed massively to the national treasury with their taxes. Now, private hoarding of land has disappeared.

Moreover, for the first time in Chinese history, the countryside itself, for centuries home to some 95% of the population, is being wiped out. It is happening in two ways: by moving peasants and farmers to the cities, which are now home to over 60% of the population; and by urbanizing the countryside, so that most counties have urban facilities and organization.

These elements created a bureaucracy that is far greater in size than any other bureaucracy in the world in a country with a population far more significant than at any other time in Chinese history. And despite the aid and the support of critical new technologies such as electronics and computers, there is only so much, or so little, that the top leadership can do and decide in any given day.

Timely rain

The challenge for the future is, how can you make the Chinese bureaucracy responsible and proactive in performing its duties?

One answer, of course, is motivational—through political education. However, this may not be enough because of the fear of making mistakes or of doing something wrong. There is also a lack of upside—that is, there will be few or no prizes, or prizes will be extremely rare or questionable if something goes right. 

Therefore, these de facto elements push officials to be loyal but not to take initiative because they don’t know how the top leadership thinks or how they will judge their performance. 

Any judgment at the time could be wrong in the future, and the idea of ​​guessing the intentions of the top leadership could also be risky as it could create conflict and friction with other middle-ranking officials.

It creates new challenges for the present government. However, each new policy solves some problems and, in the longer run, creates other problems. Since ancient times, the Chinese political tradition recognized politics as like timely rain. 

It cannot rain too much; it cannot rain too little. Sometimes it does not need to rain, and sometimes it needs to rain a lot. That is, new policies create new problems, which must be addressed in a new way, opening up new solutions and perspectives for the country.

Xi has effectively concentrated power and has made decision-making cleaner and more direct. However, in directing internal and foreign problems, which are growing more and more complex, he’s facing not wrong decisions, not corruption, but inertia because it is simply tricky to act in such a substantially rigid system.

The lack of proactivity in a country could be tolerated and digested if two other elements did not pressure the country. One factor is that the domestic market economy needs proactive pushes by entrepreneurs and government officials to make decisions on the spot and take risks. 

But if taking risks routinely results in punishment, nobody will take risks. De facto entrepreneurship will subside, and at the same time, the market economy will become less vibrant, with a massive impact on the overall economy.

The second challenge is external. The external situation for China is highly volatile, complex and complicated. Countries around China and Western countries are increasingly  dissatisfied with China and defy China with new issues almost daily.

These issues should be handled systemically and we cannot wait for the top decision-maker to call the shots and move ahead. These internal and external elements were very different two or three decades ago and were extremely important for the development and growth of China’s economy, society and politics.

The vibrant internal and dynamic external markets made it possible for China to open a new road and contribute to the world with great wealth.

It means that the opening internally and externally is essential to China’s welfare and well-being and has contributed to the rise and consolidation of power of President Xi. Therefore, the future of the Party and Xi’s rule is to adapt this Party structure to something that can fit both the internal and external situation. 

If, conversely, it pulls out from the international free market and suppresses the vibrant internal market, the country and the Party will suffer greatly.

The challenges then are how to adapt fast to the internal and external pressures. This is a task that Xi already faced in 2012, coming from unprecedented decisions, and now the Party should study deep and hard, and dare to have bold ideas and make bold decisions that can project the country into the future.

Here, there is an exciting element in Xi’s reforms. He created a clear division of powers between officials and enterprises for the first time. Deng’s reforms transformed all officials into entrepreneurs. In the name of “getting rich is glorious,” some officials ran their administrations, and at the same time, they ran their businesses.

They did it personally at first. When limits and rules were introduced, they did it through family, friends and supporters—and administrative and financial chaos resulted from the system, which went on unregulated and undisciplined. 

Again, there is also a continuity between business and administration abroad, and solutions are not clear-cut and definitive. Still, long-term practices and regulations limit what can and can’t be done. In China, it was far more confusing.

Along with foreign experiences, Xi’s reforms have ruled that officials can’t take a direct role in business, and businesses have only clearly marked venues to deal with officials. This division of competence is one of the hallmarks of modernity. It could be one of the essential venues for solving the new issues emerging from completing the first part of Xi’s reforms.

In the imperial past, private wealth was subject to the goodwill of the emperor, but there was a basic guarantee – imperial power didn’t get down to the county level. Therefore, if someone were only rich at a lower level, the emperor would guarantee “basic affluence.” 

Now the Party can go down to the village and, in theory, strip anybody of all his means. One can lose everything for doing the wrong thing at the wrong time, even inadvertently.

Moreover, modernity sets up laws and institutions that secure the safety of one’s property and market actions. Without these securities, no significant economic activity can take place. 

Performers dance during a show as part of the celebration of the 100th anniversary of the founding of the Communist Party of China, at the Bird’s Nest stadium in Beijing on June 28, 2021. Photo: AFP / Noel Celis

Foreign and Chinese entrepreneurs can get these securities in other countries and thus expect to get them in China if they have to risk their capital. Otherwise, they can idly spend their money or invest elsewhere, where they can calculate their risks more clearly.

During past “corruption times,” risk calculus was somewhat clear. Short of a clean and transparent investment environment with laws, institutions and procedures, an investor had to get the protection of a significant power broker and know the ropes in navigating the system complex like a jungle. 

The main challenge was finding the right broker and guide in the jungle to provide timely access to necessary permits and ways forward—someone who knew who’s who and how’s how. It was a market for opportunities and people.

The old ways have been banned but no transparent market institutions and guarantees exist. Without them, it could take decades, if ever, to have a large number of entrepreneurs eager to risk again their capital on something that could change overnight, as happened with the Covid crisis, at its onset and end.

There is a trust deficit between the state and entrepreneurs. The trust deficit is presently managed if businesses are already in China and can’t really pull out of the country or if people have access to the top leadership and personally trust them. These are limited numbers and can only increase at a limited speed.

As such, even resorting to a return to the old “corruption ways” could not really solve the present trust deficit. It would lead back to the old risks of state and Party dissolution.

Deng realized the Party’s power was proportionate to the wealth it generated. He let it happen openly, with the direct involvement of Party officials in economic activity, which created chaos that was spoiling wealth creation. Xi addressed the mess, but he cannot put wealth creation at risk. The necessity for orderly process and proactive enterprise must be somewhat reconciled.

Plus, the foreign environment has dramatically changed, which is conditioning the domestic investment climate. Before, it was favorable and relatively easy; now, it has grown more complicated and hostile. For this, China can hope to invent something completely new or just adapt what is already there.

This essay first appeared on Settimana News and is republished with permission. The original article can be read here.

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Alternative ways to distribute COE, fast increasing prices among concerns raised by MPs

SINGAPORE: Suggestions on alternative ways to distribute Certificates of Entitlement (COE) and fast-increasing COE prices were among the concerns raised by Members of Parliament on Monday (May 8). 

Following a ministerial statement on COE supply delivered by Minister for Transport S Iswaran, several MPs rose to offer alternative ways to distribute the certificates. 

In his speech earlier on Monday, Mr Iswaran had said that COE premiums are expected to trend upwards, with Singapore’s policy of zero-growth in its car population and as household incomes rise. 

“Fundamentally, the COE prices reflect demand for a limited and falling supply of COEs,” Mr Iswaran said in his statement, responding to more than 20 parliamentary questions filed on the topic. 

Demand for vehicles has remained “resilient”, especially as the economy recovers after COVID-19. Incomes have also been rising over the long term, and the ratio of COE price to median monthly household income has fallen, he said. 

“As household incomes continue to rise in the coming years, coupled with our policy of zero-growth in the car population, we must expect the long-term trajectory for COE prices to be upwards,” said the Transport Minister. 

ALTERNATIVE WAYS TO ALLOCATE COE

In clarifications after Mr Iswaran’s speech, Mr Liang Eng Hwa (PAP-Bukit Panjang) suggested that “some amount of allocation” by balloting, similar to how Housing Development Board flats are sold, could be piloted. 

Ms Hazel Poa (PSP-NCMP) asked if the Transport Ministry would consider allocating vehicle quotas based on other factors beyond price. 

“For example, maybe a points-based system, where apart from the bidding price, we also consider other factors like nationality and needs-based factors like families with young children or persons with disability,” she added. 

Similar to the implementation of additional buyer stamp duties on those who buy multiple residential properties, Ms Poa also suggested the ministry consider implementing additional levies on multiple vehicle purchases. 

In response to suggestions about different ways to allocate the quotas, Mr Iswaran said that the government would then have to decide how to allocate Ms Poa’s proposed point system, and what would factor into the final COE allocation. 

“Does that mean if someone has got more points and they are entitled to a different price when it comes to the COE? Or does it mean that they go into a different pool? 

“And if they go into a different pool, how do we segment the pools?” he asked. 

If balloting is implemented, the government would also have to decide how to price COE if one segment’s quota is secure, and another segment is based on the luck of the draw, said Mr Iswaran in response to Mr Liang’s question. 

“Do you price it at the same price as the COE in that period? Or do you say no, it’s a discounted price,” he continued, adding that this may prompt those who secured cheaper COEs to resell their cars at a windfall. 

“Then the question is, what justifies such a ballot? Who qualifies and how do we do it?” said Mr Iswaran. 

A balloting system is not a panacea, and may instead aggravate the problems if the concerns are around price and unevenness in the market, he stressed. 

Leader of the opposition Pritam Singh (WP-Aljunied) and Ms Mariam Jaafar (PAP-Sembawang) asked whether the government was looking into curbs on car loans to ensure that loopholes can be tightened. 

“It’s not uncommon to hear of companies … or dealerships offering 100 per cent loans and things of that nature,” said Mr Singh. 

The Monetary Authority of Singapore’s restrictions on loans that are granted by financial institutions are to encourage borrowers to spend or borrow prudently, said Minister of State for Trade and Industry Alvin Tan, standing to respond on the matter. 

In his response to Mr Singh, Mr Iswaran stressed that the objective of the exercise was to control volatility in COE supply, not prices. 

“If every time COE prices go up, we approach it as some kind of new phenomenon, I think we should take pause and understand that these are the fundamentals we are dealing with,” he added. 

The decision to have zero vehicle growth rate is a hard choice, said the Transport Minister. 

“But what is the alternative?” he continued. 

“So I just want to be very clear. It is not about price volatility, although I know that is a political concern. It is about supply volatility and how much we can smoothen that so that the market can function.” 

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