Mainland journalist may be in harm's way

QIU Ziming, a reporter with EconomicObserver News, a mainland publication,published a series of articles allegingillegalities connected with the initial public offering ofZhejiang Kan Specialty Material Co. The SuichangCounty police regarded him as a suspect on the runand issued a warrant for his arrest. Not sooner had theaffair come to light than there was a public outcry.Under the pressure of public opinion and on the Lishuipublic security bureau's instructions, the Suichangpolice cancelled its order to arrest him. Thatinvalidated the warrant.

Qiu's reports say Kan may have misappropriatedstate-owned assets during its IPO and money mayhave been siphoned from a listed company with forgedland use certificates. According to Economic ObserverNews's account of the affair, it began towards the endof last May. When he gathered information, Qiu'sperson was threatened. To buy his silence, Kanoffered him a sum of money, which he refused. OnJuly 27, the police of Suichang (Lishui, Zhejiang),where Kan is based, issued a warrant to arrest him onsuspicion of "damaging a company's reputation".

Economic Observer News has issued a solemnstatement in support of Qiu. It says, "When the reportergathered information, he and his sources wererepeatedly threatened and offered inducements. Westrongly condemn the use of public power to suppresspublic opinion and any threats to media workers'personal safety."

The illegalities alleged in Qiu's reports about Kan'sreorganisation may amount to economic crimes.Instead of following the leads reported in those articles,the Suichang police tried to arrest and prosecute theirauthor. They have simply put the cart before the horseand stood facts on their heads.

Qiu has for the time being avoided persecution.

However, it is not yet known whether Kan will be dealtwith for its alleged illegalities. Mainland journalists whocarry out their duty of exposing injustices may come inharm's way. According to mainland legal experts,

because media workers' rights and responsibilities arenot defined by law, it is open to some to availthemselves of certain draconian provisions of thecriminal code. Therefore, it remains extremely difficultfor journalists to expose evils and speak out for thepeople as they are duty-bound to do.

"Law-enforcement in revenge" is apparently inaccordance with the law. The authorities of a localitymay use their powers to deal with reporters to "protectits government's and its departments' image" and"safeguard the locality's economic development". Whywould a locality's authorities wallow in the miretogether with its villainous groups or act as theirlackeys? That has much to do with what lies at the rootof corruption.

The authorities' attempts to deter media

supervision are proof that such supervision touchesthem on the raw. The police often act as vestedinterests' thugs and guards. Some mainlandersdescribe the Suichang police's behaviour in the QiuZiming affair as a "fragrant violation of the media'ssupervisory power". It has again given people torealise that, unless public power is further restrained,law-enforcement agencies are effectively preventedfrom abusing their powers and effective measures aretaken to prevent public power from being "privatised","law-enforcement in revenge" cannot be stopped.

It is an important task in improving the mainland'slegal system to find ways to protect the media's right ofsupervision and safeguard media workers' personalsafety. If those in power are prepared to introduce thisreform and they succeed, there will be great poweragainst corruption, and many of the mainland'sdeep-rooted problems can be readily solved.

揚弊記者竟遭全國通緝地方官商勾結無法無天

內地《經濟觀察報》記者仇子明接連發表多篇報道，指浙江凱恩集團在上市過程中，涉嫌有不法行為，竟被遂昌縣公安局以「刑拘在逃人員」，發出全國通緝令。事態揭露後群情洶湧，迫於輿情，在麗水市公安局責成下，遂昌公安局撤銷對仇子明的刑事拘留，通緝令自然也無效。

仇子明的報道，指凱恩集團在上市過程中，涉嫌侵吞國有資產、通過他人偽造土地使用權、從上市公司套取資金等問題，據經濟觀察報社披露的〈情况說明〉，事態由 5 月下旬開始，仇子明在採訪中遭到人身威脅，凱恩集團也曾嘗試給予仇子明一筆「封口費」，被仇子明拒絕。到本月27 日，仇子明被凱恩集團所在地浙江麗水遂昌縣公安局以「涉嫌損害公司商業信譽」罪名，認定為刑拘在逃人員，並已向全國發出通緝令。

《經濟觀察報》的嚴正聲明，全力支持仇子明，並表示「在採訪過程中，相關當事人和記者多次受到利誘、威脅。對於有人試圖借助公權力壓倒輿論監督，威脅新聞工作者人身安全，我們表示強烈譴責」。該報要求國家新聞總署及中國記協採取維權行動，維護新聞工作者的正當採訪和報道權，保護新聞工作者的人身安全。

仇子明報道凱恩集團改制過程中種種問題，已經涉嫌經濟犯罪。遂昌縣公安局對媒體所報道的經濟犯罪線索不立案調查，卻對報道違法犯罪問題的記者進行刑事追訴，完全是捨本逐末，是非顛倒。

仇子明暫時得以免遭逼害，但是他所揭露的凱恩集團涉嫌的問題，會否得到正視和處理，還在未知之數；至於記者執行公務，揭露不公平而陷身險境，內地法律專家認為，基於內地對新聞監督的權利、責任，缺乏法律界定，為一些人利用刑法中的極端條例解決問題，提供了條件。所以內地記者在履行揭露黑暗面、為民喉舌的天職，仍然舉步維艱。

這類報復性打壓，都披上「依法辦事」外衣，以「維護地方和部門形象」、「保護地方經濟發展」為由，借助公權力對付記者。至於公權力為何與地方惡勢力沆瀣一氣或為虎作倀，那是觸及貪污腐敗的深層原因。

官員打壓輿論監督，其實正好說明輿論監督擊中其要害，而在打壓中，公安警察經常成為利益集團的打手、貪污腐敗的保護神。就遂昌公安局對付仇子明事件，內地有人形容為「是對媒體輿論監督權的公然施暴」，使人再一次體認，內地若未能加強制約公權力，未能有效控制執法者行使權力的裁量權，未能遏止公權力「私有化」，則「報復性執法」也就不可能杜絕。

保護輿論監督、保護新聞工作者人身安全，是中國法治建設的重要環節，若改革成功（當權者願意改革的話），不但是對付貪污腐敗的強大力量，內地許多深層次問題也可以迎刃而解。

Glossary

illegality /Ili:'galItI/illegal act.

misappropriate /mIs ?'pr ?ʊyprIeIt/If you misappropriate another's property, youapply it to your own use.

touch on the raw

If you touch a person on the raw, you upsethim on a sensitive matter.