TNAG-2469-FCO40-3593-Most-favoured-nation-status-for-China-Hong-Kong-interests-1992 — Page 92

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

11/20/DZ

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was made to us also in Chengdu, that last time in Sichuan Province we were given figures for girls and boys. We discovered this year that the figures we were given were for the overall population, that they didn't actually take statistics on live births, the males and females at that stage, but they are doing it now. So, we think that's a plus but in part, not entirely but in part due to our visit last year.

Dr Richard Rigby: Chris mentioned earlier figures and information had been given to us in several places about people currently under detention or arrested for crimes concerned with political activity or dissent. There is need to point out that the words political activity, dissent etc. are our terms; they are not the terms used by the Chinese authorities. What the Chinese authorities as I recall, back in their own terms are people who have been punished under the general category of counter-revolutionary crimes and that includes under the Chinese Criminal Code, so they of course would not themselves accept that those people were suffering for political activity, that's our gloss on that particular point.

Just to add a little bit more to what Michael said about the use of trial use of lawyers at an earlier stage in the legal process. Though we recall that that's actually been carried out in intermediate courts at the provincial or municipality level in Beijing, in Shanghai and in Fujian, which are not surprisingly the places where in fact we do have a considerably larger number of educated and trained lawyers at the moment and they stressed that throughout our discussions with the legal community; not only with the lawyers themselves but the representatives of the .... certainly, that there is a general desire for lawyers to be allowed to get involved in the legal process early but there are real problems caused by the limitation in the numbers of adequately trained people.

Profossor Alice Erh-Soon Tay: On the trial method of doing things, and it is very much a Chinese way, of putting something into trial first before passing legislation or laws upon these activities, in the legal area they had done this a little while ago by letting two or three lawyers, two of them in Shanghai act as private advocates and lawyers and not the usual lawyers as State employees receiving a State salary. They have, in fact, since then passed the law on lawyers co-operatives that enable lawyers to form their own firm and be no longer an employee of the State. I use that example for two reasons, one is to say that I am myself hopeful that there will be change in the future and perhaps even in the near future in the direction of protecting, of giving more rights and improving the situation of people who are detained or arrested and under interrogation long before, or at least some time before they are brought to

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