In the programme put on air on July the 5th, we had on air also Mr Qiao Shan, of Human Rights in China. He underlined a topic, which seems to me to be very interesting: in the former British Colony Chinese power is affirming "it will basically rule by law". But it does not mean the Rule of Law.Here you have the transcription of a few words out of the programme:
when we talk about an open and democratic society in which human rights can be institutionally respected, we are talking about those elements in the society that are indivisible, or indispensable to protect freedom and human rights, such as the rule of law, the democratic system which can hold the government power accountable to the people.
The rule of law is an element, here, which means there is independent judicial system; the legislation is made by a democratic process. And that is very different than the so called rule by law. Rule by law means that the administration can have absolute power, can manage the society by a set of regulations you can call law, but regardless to the process producing this legislation.
I'll give you an example. What happens in China now, about this National Security law under the criminal Code called "Endangering State Security". These are the new legal concepts established in the Chinese legal system now.
This concept is very broad, and can be interpretated in different ways. For example, under the State Security Law, there is an article saying which activities are endangering state security. The subarticle is including fabricating faxes, and disseminating information which can endanger the state security.
Who defines if that information endangers state security or not? the Ministery of State Security.
Who draftet this law? is the Communist Party's Legal Affairs Commettee.
Who passed this law is the People's Congress the members of which are appointed by the Communist Party.
And who is going to implement this law is the State Security Buro and the Public Security Buro, both are Government Administrative Agencies.
Being the people runned by these laws, by these agencies, how can they oppose? They cannot, in China. Because the judicial system is not independent.They cannot go to an independent court to oppose whatever the government did.
So, we see the example here, it is the rule by law, and it is already being used against Wei Jingshen, Wand Dang, and it has been used against hundreds in the past years in China.
