Dissident's fate casts shadow over HK

By John Gittings

HONG KONG: As Hong Kong prepared for yesterday night's handover of power from Britain to China, the fate of a young man in prison just across the border illustrates why many Hong Kongers are worried about the territory's future.

Li Wenming, aged 29, has been jailed for daring to observe that "human rights in China are less than those in the United States" and for discussing with colleagues how the democracy movement could be revived. He and a friend were recently found guilty of "plotting to subvert the government", after two and-a- half years of detention without trial.

The evidence was confined to articles they had written or circulated and conversations which had been secretly recorded by the police.

One of their crimes had been to disseminate articles by China's longest-serving dissident, Wei Jingsheng, some written nearly 20 years ago. Wei's supporters abroad said last week that he had been beaten up by inmates in the prison where he is serving a second 14-year sentence.

The Chinese Justice ministry has denied the report, providing instead an account of how Wei had "flown into a rage after trying to break into a prison warehouse".

Cases similar to that of Li Wenming underline concerns in Hong Kong that Beijing may seek to impose its punitive interpretation of "subversion".

Last week the outgoing legislative council (LegCo) voted on a new anti-subversion bill, hoping to pre-empt tougher legislation by the post-handover government to conform to China's Basic Law on Hong Kong.

But the new chief executive, Tung Chee-hwa, has said he will not accept LegCo's version. Among its provisions, it stated that only violence, not vocal dissent, should constitute a punishable offense.

Li Wenming and his friend Guo Baosheng were each given prison terms of three-and-a-half years -- judged light by Chinese standards -- at the intermediate people's court in Shenzhen, immediately across the border from Hong Kong.

Their real crime was to set up an ad hoc workers' rights education center in Shenzhen and to produce an unofficial journal, Workers' Forum, which they distributed among the city's huge migrant worker population. Many work long hours in poor conditions and without proper social or medical services.

The original indictment, drawn up last November, focused on these activities. Li, a journalist, was accused of "flaunting the banner of upholding workers' lawful rights and interests" and of "co-opting some misguided and ill-informed workers to join illegal organizations".

This aspect of the charges, however, was played down in the court's final verdict, probably because of the sensitive issue of migrant workers.

The verdict dwelt instead on new allegations that Li and Guo had been seeking to overthrow the Communist Party by making critical comments about the Chinese political system.

The evidence against Li even includes a statement by him after he was put in jail, that he regarded himself as a "political prisoner".

Official Chinese doctrine does not distinguish between the Communist Party and the government as parts of the state apparatus. Attacking the party is regarded as synonymous with attacking the government.

The sentences against Li and Guo may have been reduced because of unexpected attention by the Hong Kong press, although their trial was held in secret.

Supporters say Li's health has declined sharply and that he was denied adequate care for chronic nephritis (kidney inflammation).

The bravery of lone campaigners in the position of these two men can hardly be exaggerated. Details of many other cases in China are unlikely to reach the outside world.

Amnesty International has appealed to the new Hong Kong government to observe international human rights standards and, specifically, to guarantee freedom of expression. Amnesty intends to maintain its presence in Hong Kong after the handover.

-- The Guardian