TNAG-2469-FCO40-3593-Most-favoured-nation-status-for-China-Hong-Kong-interests-1992 — Page 95

11/23/92

10:26

HUSTRALIAN CONSULATE GENERAL M. K

852 827 burs

Senator Schacht:

Yes,

9.

we heard in discussions that that is being considered and I mentioned in the Beijing press conference that counter-revolutionary crime be changed, removed, and that they have the more normal treason law that western countries have. We find that an encouraging development because treason is a much more definable concept to argue about than counter-revolutionary crimes, which last year we found really means whatever a public official determines it to mean at a particular time.

Question: Other than just talking about it, did they say that they are closer to a statute, or that they would produce a timetable or what?

Senator Schacht: I might ask the other members of the delegation but I got no indication about that, about

proposals, getting closer to doing something, other than it is being raised.

Mr Sidoti: But they are looking at a complete review of the Criminal Code and so I'd assume that it's being handled in that context; that's already got underway.

Question: What do you mean by a complete review, did they say something about that?

Mr Sidoti: Well basically that the Criminal Code they consider now to be quite outdated in terms of the changes that have taken place in China, particularly over the last 10 years in their opening up, and they consider that it needs review.

Question: When you say 'they', Mr Sidoti, who are you talking about?

Mr Sidoti: Oh, the Chinese judicial authorities.

Question: The Central Authorities?

Mr Sidoti: Yes, in Beijing. That's a bit of a two-edged sword though because one part of the review that's already becoming increasingly apparent is the widening in the categories for which the death-penalty is imposed, to include economic crimes. When we were in Shanghai the 'China Daily' carried an article about the death-penalty being inflicted because of changing a label on a Mao Tai bottle. Effectively, what it was was that cheap wine was

And the being sold as very good wine and so it was fraud. argument that's come from the court in this particular case is that with China opening up economically and expanding economically, these new categories for foreign crimes are very serious. So that if there is a review of the criminal