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| Version 1 | Version 2 |
|---|---|
| China: lawyers fear new regulation against 'disrupting' hearings | China: lawyers fear new regulation against 'disrupting' hearings |
| (about 1 month later) | |
| Chinese lawyers have raised the alarm over plans that would allow judges to disbar them for up to a year for "disrupting the order" of hearings. | Chinese lawyers have raised the alarm over plans that would allow judges to disbar them for up to a year for "disrupting the order" of hearings. |
| Experts say it is the latest in a series of attempts to rein in advocates and, if implemented, would further limit their ability to effectively represent clients. Lawyers fear they could also face punishment for publicising problematic trials. | Experts say it is the latest in a series of attempts to rein in advocates and, if implemented, would further limit their ability to effectively represent clients. Lawyers fear they could also face punishment for publicising problematic trials. |
| "It will give lawyers a lot of pressure," warned one, Mo Shaoping, who has taken on numerous sensitive cases. | "It will give lawyers a lot of pressure," warned one, Mo Shaoping, who has taken on numerous sensitive cases. |
| "It fits into a pattern of trying to use the law and regulations like this to tame lawyers," said Joshua Rosenzweig, an independent rights scholar based in Hong Kong. "'Court order' can potentially become whatever [judges] say it is." | "It fits into a pattern of trying to use the law and regulations like this to tame lawyers," said Joshua Rosenzweig, an independent rights scholar based in Hong Kong. "'Court order' can potentially become whatever [judges] say it is." |
| There is particular concern that the draft proposal before the supreme people's court seeks to constrain publicity, preventing lawyers from microblogging and emailing about hearings without permission. | There is particular concern that the draft proposal before the supreme people's court seeks to constrain publicity, preventing lawyers from microblogging and emailing about hearings without permission. |
| Rosenzweig said the clause appeared to refer to real-time reporting from the courtroom. But the wording is ambiguous and many fear it could be used to punish broader discussion. | Rosenzweig said the clause appeared to refer to real-time reporting from the courtroom. But the wording is ambiguous and many fear it could be used to punish broader discussion. |
| Liu Xiaoyuan, another high-profile lawyer, described it as a "straitjacket". | Liu Xiaoyuan, another high-profile lawyer, described it as a "straitjacket". |
| "Some judges are not very high quality. They might say something illegal in court and they're afraid if lawyers post the details on a microblog it would have a negative impact," he added. | "Some judges are not very high quality. They might say something illegal in court and they're afraid if lawyers post the details on a microblog it would have a negative impact," he added. |
| In one high-profile case, in Guizhou, a court cut the sentence for a gang leader by four years after his defence team broadcast parts of the trial online and challenged improper legal procedures. | In one high-profile case, in Guizhou, a court cut the sentence for a gang leader by four years after his defence team broadcast parts of the trial online and challenged improper legal procedures. |
| Earlier this year, a vice president of the supreme people's court complained the public were quick to believe "ill-intentioned lawyers" who accused courts of wrongdoing. | Earlier this year, a vice president of the supreme people's court complained the public were quick to believe "ill-intentioned lawyers" who accused courts of wrongdoing. |
| Pu Zhiqiang, another well-known lawyer, said the "idiotic" measure would be the shame of the Chinese legal system if approved. | Pu Zhiqiang, another well-known lawyer, said the "idiotic" measure would be the shame of the Chinese legal system if approved. |
| "This proposal is targeting human rights lawyers," he said. | "This proposal is targeting human rights lawyers," he said. |
| "When justice is not respected in court, some people will appeal to public opinion. This proposal shows the fear judicial departments have of public trials." | "When justice is not respected in court, some people will appeal to public opinion. This proposal shows the fear judicial departments have of public trials." |
| Nicholas Bequelin, senior Asia researcher at Human Rights Watch, said: "Lawyers are alarmed because they know every regulation is broadly interpreted by authorities. | Nicholas Bequelin, senior Asia researcher at Human Rights Watch, said: "Lawyers are alarmed because they know every regulation is broadly interpreted by authorities. |
| "The government has repeatedly clipped the wings of the legal profession in recent years… It's really a step back in the way that justice is delivered in China." | "The government has repeatedly clipped the wings of the legal profession in recent years… It's really a step back in the way that justice is delivered in China." |
| He said the families of defendants were often unaware of their rights or under intense pressure to remain silent. | He said the families of defendants were often unaware of their rights or under intense pressure to remain silent. |
| Lawyers say the changes are unnecessary because judges can already punish misconduct in court and ask other authorities to consider the suspension or removal of their licences. | Lawyers say the changes are unnecessary because judges can already punish misconduct in court and ask other authorities to consider the suspension or removal of their licences. |
| The supreme people's court did not reply to faxed queries. | The supreme people's court did not reply to faxed queries. |
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