SUN WUKONG China spies anti-graft revolution
By Wu Zhong, China Editor
HONG KONG - The power center of the Chinese Communist Party (CCP) is likely to
introduce unprecedented, radical measures to crack down on official corruption,
recent reports suggest.
The Supreme People's Procuratorate is considering the use of "modern scientific
and technological means", or secret investigative methods, to collect evidence
against suspected corrupt officials, the state-run Xinhua News Agency reported
last week. The methods include wiretapping, hypnotism, monitoring
personal mail and the use of global satellite positioning systems.
Authorities in Shenzhen have also unveiled a new regulation which stipulates
that officials whose spouses or children hold foreign passports or permanent
residency (including in Hong Kong or Macau) must be barred from being appointed
to any "responsible" posts.
These anti-graft moves, if implemented, would have a far-reaching impact on
Chinese society. Thus, the reports have aroused public interest and controversy
inside China, though been largely neglected by overseas media.
Zhu Xiaoqing, China's deputy procurator-general, said the country would launch
a new round of judiciary reforms in the coming year. Among other things, the
Supreme People's Procuratorate was considering adopting the "unconventional"
methods listed above.
In places with a rule of law and the separation of administrative, legislative
and judicial powers, it is normal for relevant law enforcement forces (such as
the Federal Bureau of Investigation in the United States or the Independent
Commission Against Corruption in Hong Kong) to use secretive methods during
corruption investigations.
But in China, this would be revolutionary. Since its founding, communist China
has adopted a "proletarian dictatorship", which means the monopoly of all power
by the CCP; separation of powers is out of the question. Today, Chinese
officials still echo late paramount leader Deng Xiaoping's statement that
"separation of the three powers [the legislative, executive and judiciary] is
not applicable to China's circumstances".
In its one-party dictatorship, the CCP considers all members as "comrades" and
bans any government organ from spying on them. In such a system, it is
unrealistic to expect one wing, in this case the judicial, to perform
independent checks on any of the others.
This has been an ironclad discipline since the People's Republic of China (PRC)
was founded in 1949 that was reportedly started by the PRC's founder, chairman
Mao Zedong.
In the early 1960s, the then director of the general office of the CCP Central
Committee, Yang Shangkun (who later became the country's president from 1988 to
1993), ordered hidden tape recorders to be installed in Mao's residence and his
private train, without notifying the chairman.
After his activity was uncovered, Yang explained that he wanted Mao's words -
no matter how informal - recorded for posterity. Mao angrily rebuked Yang for
spying on him (some analysts say he feared one-day contradicting himself on
tape). No one has dared take similar action since. Even during the tumultuous
Cultural Revolution (1966-1976), when many revolutionary veterans (including
Yang) were sidelined and persecuted, no illicit surveillance tactics were used.
Today, public security police and the secret police agency, the Ministry of
State Security, are authorized to use intrusive investigative methods only in
cases concerning public or state security - the methods are reserved for use
against enemies of the state or society.
China's procuratorate (public prosecutors) at all levels - the main forces
against official corruption - are not authorized to use these extraordinary
methods. According to a joint circular in 1989 by the Supreme People's
Procuratorate and the Ministry of Public Security, "In general, no technical
[secret] means should be used in economic cases ... If there is such a need the
procuratorate concerned must ask for the cooperation of the public security."
As deputy procurator-general, Zhu's mention of adopting "unconventional"
methods should be taken seriously. If public prosecutors are allowed to use
spying techniques to monitor suspected corrupt officials, it could be a huge
breakthrough in the country, both legally and ideologically.
Firstly, it means a step towards some sort of "separation of powers", allowing
judicial independence in the country (though still under the CCP's leadership).
Secondly, allowing the main anti-graft watchdog to spy on officials' activities
could be a deterrent. "If one is aware that he has a hidden eye watching him, a
hidden ear listening to him, he will no doubt have to be more careful," said
one official in Shenzhen.
That fact that Zhu has chosen now to make this comment suggests that the
National People's Congress (NPC), China's parliament, may consider the proposal
in its annual session in March and give the green light. It is a common
practice in China for policy proposals to be "leaked" beforehand to test public
opinion.
Analysts say the plan has some obstacles. For instance, who will authorize the
use of secret investigative methods? Will it be possible to prevent public
prosecutors from abusing their new powers? Despite such doubts, the move could
improve China's rule of law in regard to official corruption.
Exposing 'naked officials'
Observers say Shenzhen authorities' new restrictions on promotion for officials
whose spouses or children have emigrated abroad is also a sign of progress. It
is probably aimed at so-called "naked officials", who try to gain permanent
resident status overseas by gradually stashing relatives and assets abroad in
places that lie outside China's legal jurisdiction.
With their spouses or children established in places such as Hong Kong, Macau
or even Taiwan, the officials are unencumbered or "naked" enough to make a
hasty escape from China when prosecution is imminent. Even if caught, the
official's relatives can at least live in luxury overseas.
Public anger has grown with the exposure of increasing numbers of "naked
officials". Hence Shenzhen, often a petri dish for legal or economic reforms
before they are implemented nationwide, has introduced the promotion ban.
Critics say the measure is hardly a deterrent, pointing to corruption among
lower ranks and arguing that "naked officials" should be punished rather than
denied promotion. However, others say that since officials will be made to
declare publicly whether their spouse or children reside overseas, they are at
least being put under some form of public supervision.
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