WHEN BLINDED EYES ARE OPENED ALL THE WORLD CAN SEE...TROUBLE WITH CHINA

3rd September 2011 marked the day my patience and respect for China Officialdom evaporated. I give no respect to those who do not respect my wife.   

The Great Wail of China ... so much pain and despair borne by ordinary Chinese. The Great Wall of China can be seen from outer space. The Great Wail of China will be heard around the World.

Time will tell how China's poor attitude to this Case, their denial of an Australian's Legal Rights and many more weighty issues are reacted to. Facebook and Twitter are additional Forums where China's daily failings can be disseminated to a wider audience. Both to be utilised to the fullest. If the Chinese Government loses face, Trade and Tourism dollars I will be gratified. If they settle my wife's illegal civil court case I would be forever speechless!  The Joust has just begun and China's losses are now building.

We are Few - Demonstration 30.12.2011


This article is not ideally placed but I would not miss the opportunity for you to read and consider what it says. Please also consider events occurring in the World today and the role China plays (and may play) - 
http://www.bloomberg.com/news/2011-06-16/china-s-inflating-political-bubble-business-class.html 
Be wary of  Economic bail outs offered by the Chinese Government.  The sting in the tail will soon sour the taste of what appears to be honey.

The News is out. Chinese Government hands
Power to Civil Courts

LACK OF SUPPORT FOR AUSTRALIAN LEGAL RIGHTS BY CHINESE GOVERNMENT
It is no surprise that we have not had a response to our letter handed the Sydney Chinese Consul General on 1st August 2011. Or to our letter mailed to the Chinese Ambassador in Canberra on 13th September 2011.It is the only response we have ever had to all our written communication with Chinese authorities. It is the response I have always expected. I would have fallen off my chair through surprise if the result had been any different!

 

LACK OF COMMUNICATION
I am reminded of the Guard at Shenyang City Court in  May 2008 who, only months before the Beijing Olympics, refused to deliver a letter to an office in an upper floor. Learning nothing since 2008, Chinese Officialdom still fails, effortlessly, in responding to mail and general communication. Even today their Courts have no reliable method to answer telephones, respond to mail or even use modern technology, email. If they have reliable infrastructure I have had no experience of it or found evidence of it. Mr. Yue Mingwei, past Head of the Shenhe District People's Court, Shenyang, decided not to correspond by email. Several thousand Petitioners I had contact with share this common experience, with mail, and would unanimously agree with me. In Beijing an official advised us in March 2010 that we would be advised the status of our case in under two months by email. We are no longer waiting to receive his promised email. So many, many (countless) lies from Court Officials. There is a tried and true way to determine when a Court Official is lying. It is when their lips move. See if they will commit to paper what they say to you and keep any documents they sign in a safe place.

Over the years my correspondence to the various Australian Prime Ministers have all been answered by their Secretaries within four weeks. Australian Federal Government Departments respond within a few weeks. United Nations, in America, within two weeks.  Compare this to China where officials require a minimum of 13 years, apparently, to respond. I am being unkind and inaccurate. It was only in February 2010 when we attempted direct contact with Officials. It is the Courts who have done nothing (correctly under Chinese Law) since 1998.

The clock remains ticking since 1st August 2011 when our letter was handed to the Chinese Government representative in Sydney, the Consul General. How long it  has taken so far for the Chinese Government to respond is recorded each day. I have no expectations of any response, positive or otherwise,  but the clock can keep ticking for the sake of record.

• CHINESE LEGAL SYSTEM (Internal and China's attitude to Foreigners Legal Rights)

Attempting Contact with Chinese Civil Court:  Waiting.. keep waiting.. keep waiting. "Hello!! Anyone there? Hello! Anyone answering? Hello! Is anyone working? Hello! Hello! Hello!!  The lights are on but no-one is at home". Could be they are all outside... walking the dog?

As I look on the Internet at the poor souls who demonstrate outside the United Nations Office in New York I can only draw comparisons to the Petitioners in China. In China, it is their regular routine go somewhere to make a noise or register here, there, everywhere to get their Case moving. Their actions are an exercise in utter futility. The Chinese Government does not care about the Petitioners appeal to the Public in New York or anywhere else. Unfortunately for Chinese Nationals, demonstrating outside China, they may have to return to China and face retribution there. Hopefully they will get refugee status and be able to have better, safer lives in their adopted country. In China they will face an uncertain and grim future. In China there is a Court System totally inept at handling the volume of Cases. Corrupt Court Officials take bribes or "rewards for services rendered" to the benefit of the wealthy and at the expense of Justice and the Law. China is a place where an illegal Court Case can be created by the Courts and the Courts leave the Petitioner with no legal rights to proper compensation. The Case we have been pursuing is just one of countless others. Possibly the ONLY ILLEGAL CIVIL COURT CASE involving a foreigner.

 
As more violations (I think that that is an appropriate word to use) of Australian Legal Rights in China occur I will enter them here.


http://www.radioaustralia.net.au/asiapac/stories/201106/s3258066.htm

-Radio Australia Report  (Crackdown on Human Rights Lawyers in China- no "sensitive"cases Chris Jones)

- Australian disappears in China. ABC 7.30 report (Comment - China - enter at your own risk - Chris Jones)

http://www.theaustralian.com.au/business/mining-energy/rio-tintos-stern-hu-jailed-10-years/story-e6frg9df-1225847088979:

Australian - Stern Hu, gaoled for bribery (You've got to be kidding! A case of Chinese double standard. What happened to Guanxi? Did he bribe the wrong people? .  - Chris Jones)

 http://www.smh.com.au/business/tears-for-husband-lost-in-china-jail-20101202-18i84.html
 Australian Business man Gaoled. (This is an example of what can happen to Australians in China. You start a business. They want the Business. You go to gaol or leave China- Chris Jones)

 http://www.abc.net.au/news/2011-02-01/dfat-confirms-china-jailed-australian-spy/1924950 
- Australian Man Gaoled in 2006. Charged with being a spy for Taiwan. Australian officials refused access to full trial. Only allowed at Verdict.  (China treats Australia with disdain. It has no regard for Australian Legal Rights and no respect for our Government- Chris Jones)

http://www.theaustralian.com.au/news/nation/aussie-businesswoman-begs-chinese-judges-to-set-her-free/story-e6frg6nf-1226137253567 
Chinese Born Australian Gaoled (This is not an isolated case. This strategy is used to divest Australians of Chinese Businesses. Be warned- Chris Jones)

http://www.chinalawblog.com/2010/05/how_not_to_get_kidnapped_in_ch.html
- China Law Blog- How Not to get kidnapped in China. (I can only say  "Enter China at your own risk. Best option- Don't go."- Chris Jones)

http://www.smartraveller.gov.au/zw-cgi/view/advice/china 
Australian Government Travel Advice (Read this through. You must Register your location within 24 hours of arrival, careful of buildings you Photo, careful of ALL contracts you sign.....BE WARY - Chris Jones)

•  CHINESE LAW UPHOLDERS AND LAW BREAKERS

China is where a Police officer once threatened us, If we want to catch  (arrest) you we can." And, illegally, they do. People are thrown into the Black (Unofficial) Gaols without any legal rights and held at the whim of the officials who put them there. Do not think or believe that you are any different or will be dealt with any differently. If the Powers that be decide to "catch you" they will.

Chairman Mao could fix the problem. Come back Chairman
Mao!

There were three instances where we were illegally detained by Police, including Internal Affairs Police, for several hours at a time. I did not report them to the Bureau (I'll go through my paperwork and find the Bureau's name) where complaints against Police can be made because that would have only put us at a greater personal risk than we already had. Complain against a Police force who are supposed to protect you and uphold the Law... but break the Law?? (I have created a page detailing our experiences wit Police, Security Guards and Court Officials.)

Officials, with power, are above the Law. High ranking officials can remove power from lower Officials. Only then, without Power, are officials vulnerable and accountable under Law. Lower Officials will be sacrificed by those above to ensure no change in their higher position and benefits.

• RIGHTS and PRIVILEGE

China is a place where a small number of people (considering the size of population) who hold power have Rights and privilege. It is also a place where homes are demolished, residents killed or brutalised and left with no compensation. Where labourers survive on rice and vegetables while the Bosses have meat. Meanwhile the wealthy prosper from the misery they create

If you are a good Communist Party member you will have rights
and privilege.If not the future is a bleak one. A mock pose.

Why can an official offer one person the ownership rights to a house that they do not have? The rights belong to other people but this official will deny other people's rights to ensure a favourable outcome for their favoured person. Of course, it is in Liaoning Province. Of course the rightful owners will have no hope of redress other than join the millions of other Petitioners.  Of course, the official has power and can operate above the Law. That is China today. (Please see link to an interesting article: http://www.chinareview.info/issue1/pages/legal.htm - also included below). There has been a late development to this story. Because the parties have now signed their Rights to the preferred benefactor the Official has backed away. The Official  cannot assist in getting greater compensation and also has commented that they have no "power" to influence anything in that area of the City. Such glorious lying and corrupt officials abound. While there was a chance they could make some money (by doing nothing) they were full of false help.

From English history in old feudal days the Lords had Power. "The Might have Rights" was the rule of the day. But not today!! China could learn from English History and the French, the Libyan, the Egyptian and Syrian history. Just where does China sit in the World today? Is their (China's) thinking relevant or is it stone age in a modern society? 

• BRIBERY and CORRUPTION - perpetual deterioration of ordinary Chinese' Legal Rights

In China there are the rich and the poor. The rich are generally associated with Power either by direct or indirect relationships. "Guanxi is a Chinese word that refers to benefits that can be derived from social relationships. In hospitals, patients give doctors “red packets” of money to gain good service. Criminals use social relationships to avoid being brought to justice. Idiots get jobs because of who they know. Although the same thing might happen in Australia, if the social favouritism is outside the law, the law wins. In China, guanxi overrides laws."(an excerpt from the article referred to in the link below) In China corruption is King and is fed by Guanxi. Poor people are not protected by the Law and rich people have the means to rise above the Law. Where is the Law and who does the Law protect?

Interesting exposure of the levels of corruption involving Court Officials (and how many others?):
 
http://www.chinareview.info/issue1/pages/legal.htm

Legal Reform: Heads of Provincial High Courts Found Guilty of Corruption 

Corruption in China’s judiciary remains a deepening problem and has recently brought down two top judges in Guangdong Province (广东省) and Liaoning Province (辽宁省). The Business Times 《时代商报》 reported that Tian Fengqi (田凤歧), head of the Liaoning Provincial People’s High Court (辽宁省高级人民法院) was removed from his post and was expelled from the Communist Party on corruption charges in September 2002. Tian allegedly received bribes of more than RMB3.5 million (US$421,700) from local officials and businesses. Tian’s case was part of an investigation which netted a number of corrupt judges in the Liaoning judiciary as well as the Mayor of Shenyang (沈阳), the capital city of Liaoning Province (Xinhua Net新华网, May 15, 2002). On May 15, 2003, Xinhua Net reported that the Dandong City Intermediate People’s Court in Liaoning Province（辽宁省丹东市中级人民法院）sentenced Tian to life imprisonment. In a separate investigation in October 2002, the ex-chief of the Guangdong Provincial People’s High Court (广东省高级人民法院), Mai Chongkai (麦崇楷) and his family were found to have accepted RMB11.9 million (US$1.43 million) in bribes during Mai’s tenure at the high court (Xinhua News Agency新华社). Mai was removed of his title as a delegate to the Ninth People’s Political Consultative Conference of China (九届全国政协) and was expelled from the Communist Party. Mai’s case is now pending trial. According to official sources, between 1997 and 2002, more than 70,000 Chinese officials (including 21 provincial and ministry level officials) were found either to have accepted at least RMB50,000 ($6,000) in bribes or to have misused more than RMB100,000 (US$12,000) of public funds. (China Education Daily 《中国教育日报》, February 28, 2003)

And still the Courts and Chinese Government remain mute in settling the illegal Court Case created by Shenhe District People's Court in 1998.

Liaoning "Wolf Pack" of corrupt officials and illegal Courts doomed for extinction

A CURE FOR CORRUPTION IN CHINA - The Chris Jones Solution
If Chinese Officials would trust me..and give me the resources to do it, Corruption in China can be reduced significantly within 6 months. I would be killed long before that, probably. But the Chinese people would see results almost immediately. As with most things,  Ïf there is the Will... there is the Way. I'm wondering why the Chinese Government, so adapt at doing so many things with the absolute Power it holds, cannot stamp out Corruption! That the Corruption is largely within Officialdom is no surprise even to the 五毛黨 - 50 Cent Party.

I challenge He Guoqiang to show China and the World the results that I have said are possible.  

Why could a foreigner succeed where the Chinese Government and He Guoqiang will fail? Firstly, there is no  guanxi. I owe no-one any favours and would give no favours. I cannot be bribed, induced or seduced. I just get paid, very well, to do a job and I do it. Then, if I am still living I return home and live happily ever after. If I'm dead..if not by natural causes, some questions may be asked. But surrounded by so many friends I think an untimely death would not occur.


How it works:
There is an army of informants.. around 1.3 billion members. They will have to have the protection of hand picked Police and Army. Complaints are made, facts gathered and expedited Court Hearings deal out penalties.


The penalties to be imposed are harsh, but not as harsh as currently exists and (sometimes) meted out.
An Official - 15 years in gaol not negotiable. Confiscation of all assets including gifts made to family members and friends etc. during past 10 years. Confiscation of Passports of family and friends. Seized assets are sold and proceeds returned back into the Community to fund health, welfare, housing and other social needs.


Citizen attempting to bribe an official - 10 years gaol- not negotiable. All assets seized. All gifts to family and friends for past 10 years seized. Confiscation of Passports of family and friends.


A bribe can be offered other than in money. Regardless of the "reward"offered by the person bribing and the person accepting the bribe the penalties will be as if money was offered. Same harsh penalties.

The Government has discretion to return the money to Community Benefits or to pay Loss claims of victims of the bribery from assets seized.

RESULTS IN LESS THAN SIX MONTHS. HUGE REDUCTION IN CORRUPTION. GOVERNMENT IS APPLAUDED BY CITIZENS. CITIZENS MUCH HAPPIER.
I regret I have been unable to translate the above into Chinese.

A CALL TO CURTAIL CHINESE INVESTMENT IN AUSTRALIAN PROPERTY

There are huge differences between Australian and Chinese cultures. Australia has a very short history whereas China's history goes back thousands of years. This link will give some information. http://www.convictcreations.com/culture/australiaasia.html  - Cultural Differences between Australia and China.

Ordinary Chinese have to be very lucky to escape China and win refugee status in another country. Not so the rich and powerful. They can travel and purchase business and property for themselves, on behalf of a syndicate or as a member of a syndicate. Affluent Chinese have purchased very expensive properties in Sydney and that begs a question "Where did their money come from?" Beware of rich Chinese and check their family backgrounds very thoroughly if you plan on associating with them. They may be what they represent themselves to be. Some high Australian Politicians have been embarrassed recently by their acquaintance with one Chinese businessman/entrepreneur who was later convicted of grand scale drug peddling.

Read about it here: http://www.dailytelegraph.com.au/news/sydney-nsw/drug-lord-charmed-our-politicians/story-e6freuzi-1111116832636

From Boxun.com. How much money do you want
to lose?

CHINESE NATIONAL FALLS FOUL OF CORRUPTION -
http://peacehall.com/news/gb/intl/2011/09/201109281631.shtml

Do you need false identification papers?
Phone these people.

WHO IS WHO?
It is relatively easy for anyone to obtain false identification papers. This photo was taken outside a Government Office in Shenyang near to where we lived. Pavement advertising, of this type, is a common sight outside Police Stations and Court Houses. Not outside the Beijing Letters and Visits office, though. Chinese Officials have more sophisticated support for false profiles. Supplied by their employer. An official in the Propaganda Department could be given a false background as a Businessman and be sent overseas. The credentials may appear sound and genuine.. but are they? Be cautious and trust nothing that has not been checked out. Photography outside "sensitive" buildings can be tricky. This photo was taken at night when fewer people were about.

AUSTRALIAN LAND FOR AUSTRALIANS
In regard to Australian land ownership I support ownership only by Australians. Land can be leased for business purposes by non-Australians. Our Australia to remain, always, Australian owned. This would stop undetected criminals from China and elsewhere "laundering their ill gotten gains" in Australia and buying Australia. It would not stop legitimate investment in Australian based business enterprise. I do not want a corrupt Chinese official as my neighbour, to have a safe haven when they escape China.   


FINANCIAL TIES AND TRADE WITH CHINA

If you are keen to set up a business with or in China consider these pages : 

http://www.npr.org/2011/11/27/142828055/chinas-cyber-threat-a-high-stakes-spy-game 
NATIONAL PUBLIC RADIO  Prepare your Laptop etc. BEFORE you go to China
Carry all data on an external drive and keep it with you. Keep your computer with you.

http://www.china-inspection.org/fraudandscam.html 
http://www.made-in-china.com/tradeservice/additional/trade-safe.html   

Check the credentials and certification of any Company you intend dealing with. Even then the Certificate may not be a genuine one.

SOME INTERNATIONAL OPINIONS (many, many more to come) - my comments are identified and shown in red.


http://www.ihipo.com/group/China/Canadian+Business+in+China+-+Tales+of+caution
Canadian Experience

http://www.theepochtimes.com/n2/content/view/49645/
Hu Jintao unpopular with American Government (But does he have the power.... to fix an illegal court case? Appears not. - Chris Jones)

http://thehill.com/homenews/house/139247-chinese-president-gives-stiff-arm-to-congress-on-human-rights
(Comment - Hu Jintao attracts the stings of a thousand hornets- Chris Jones) Hu Jintao defends China's human rights actions

http://www.breakfastpolitics.com/index/downer-china-appeaser.html
Australian Member of Parliament, Michael Danby, comments on China (I love Chinese and I am not talking of the food but of the people- Chris Jones)

http://www.abc.net.au/7.30/content/2011/s3178097.htm
Australian disappears in China. ABC 7.30 report (Comment - China - enter at your own risk - Chris Jones)

http://critic.chariweb.com/2011/10/how-to-shut-down-your-china-business-it.html
Critically China Website - English (Many interesting topics.  Read and consider how this may affect your business, friends and relatives- Chris Jones) 

http://www.taipeitimes.com/News/taiwan/archives/2011/09/08/2003512753
Taipei Times 8.9.2011 - Taiwanese Business People suffer from dealing with Chinese. (Australians should reflect on the Taiwanese experience and consider the support Aussies could expect from Australian Federal Government. Aussies keep your tissues handy - Chris Jones)

http://globalinsights.com.au/announcements/time-is-right-to-trade-with-india
Trade with India (Certainly a change from trade with China will bring advantages. But what of the corruption?- Chris Jones)

http://www.vica.org.tw/ 
Taiwanese Business People- Victims of Investment in China Association (The Taiwanese have formed an Association. So many affected? So many times?- Chris Jones)

http://www.managementtoday.co.uk/features/1047371/china-africa-beware-dragon-bearing-gifts/ 
A report from Management Today - 1/01/2011. (Since the report was made, have you an opinion now in the strategy behind the Chinese Government's overseas investment policy?- Chris Jones) 

http://www.bloomberg.com/news/2011-06-16/china-s-inflating-political-bubble-business-class.html 
A report from Bloomberg (This report echoes my thoughts. Looking ahead I have to wonder if China will seek military solutions to its problems - Chris Jones