Court File No. 04-CV-78915CM2
SUPERIOR COURT OF JUSTICE
B E T W E E N :
KUNLUN ZHANG, SHENLI LIN, LIZHI HE,
TIANQI LI, CHANGZHEN SUN and NA GAN
- and -
JIANG ZEMIN, LI LANQING, LUO GAN, LIU JING and WANG MAOLIN
AFFIDAVIT OF GUOTING GUO (aka THOMAS G. GUO)
I, Guoting GUO, of the City of Victoria, in the Province of British Columbia, Canada, hereby AFFIRM AND SAY:
1. I am a native and citizen of China, and was a senior lawyer practicing in China and have knowledge of the matters about which I herein depose.
2. I am 49 years old.
3. I obtained an LL.B. degree in 1984 from Jilin University Law Department, majoring in International Law.
4. Beginning in 1984 I practiced at all levels of the Chinese court system, from the District Courts to the Supreme Court, until March of 2005, when my licence to practice law was suspended by the Justice Bureau of Shanghai.
5. Before the revocation of my licence to practice law, I had been a Chinese lawyer for twenty-one years.
6. I was named by the international publication, Legal 500 (2001-2002), as the number one maritime lawyer in China.
7. I was a commercial lawyer for eighteen years and maritime law was my specialty.
8. For the last two years of my practice in China, although I continued to take maritime law cases, I specialised in criminal law as it pertained to human rights.
9. I have served as a law professor at Wuhan University since January 2003 and at the Shanghai Maritime University since September 2000.
10. I was invited and served as a visiting scholar at Columbia University in New York in September 2005, and as an Associate at the Centre for Asia-Pacific Initiatives at the University of Victoria, Victoria, B.C. Canada in April, 2007.
11. I have been and am an arbitrator on the panels of both the China International Economic and Trade Arbitration Commission (2005 to 2008) and the China Maritime Arbitration Commission (1999 to 2008).
12. I have translated the following English textbooks into Chinese and my translations are used as textbooks in Chinese universities:
a. The Art of Judgment ;
b. Morden Bills of Lading;
c. Sasoon on CIF & FOB Contracts(4th ed);
d. Scrutton on Charterparties and Bills of Lading(20th ed);
e. O'May on Marine Insurance Law and Policy;
f. The Institute Clauses(3rd ed)
13. In addition, I am the author and co-author of the following textbooks:
a. International Economic and Trade - Law and Practice: 1994, Politics and Law University Press, Beijing;
b. Law and Lawyer's Practice in International Maritime Trade: 1996, Dalian Maritime University Press, Dalian;
c. Study of Current China Foreign Economic and Trade Cases: 1995, Politics and Law University Press, Beijing
14. I have also published approximately 60 major articles on Chinese law in professional legal journals. Attached to this Affidavit as Exhibit A is a Partial List of Publications, Legal Essays, Case Studies and Comments that I have written.
15. I have published more than three hundred essays on the Internet about the political and legal system of China on the Internet.
16. I lived my entire life in China until coming to Canada on 20 May, 2005.
17. I am not now and have never been a Falun Gong practitioner.
18. I acted as a human rights lawyer since 2003, and as legal counsel and defence lawyer for six Falun Gong practitioners, including Qu Yanlai and Chen Guanghui, from July 2004 until my licence was suspended by the Shanghai Justice Bureau on February 23, 2005. After the suspension, I was placed under house arrest and could not continue to act for my clients.
19. Both the suspension of my licence to practice law and my house arrest occurred solely because of my insistence on providing legal representation to political dissidents especially as the defence lawyer of Qu Yanlai and Chen Guanghui and the other Falun Gong practitioners. Since February 2003 I have published six essays criticizing the policy of the Communist Party of China (“CCP”) for its persecution of Falun Gong. After applying to the prison four times to meet with my clients, and after being declined all such times, I published an essay on the internet entitled (translation) “Chinese Lawyers are Useless” on February 9, 2005, a traditional holiday in China. On February 23, 2005, my licence to practice law was suspended by the CCP.
PERSECUTION OF OTHER CHINESE LAWYERS BY THE CCP AND GOVERNMENT FOR DEFENDING FALUN GONG AND OTHER HUMAN RIGHTS CASES
20. Unless otherwise expressly stated, my information as set out in this section of my Affidavit is derived from my direct experience, correspondence and telephone calls with the lawyers involved and persons close to them, as well as secondary confirmation from internet news, and I believe this information to be true.
21. All Chinese lawyers who provide legal representation to Falun Gong practitioners encounter great pressure from the Chinese government, in the form of the Justice Bureau, and risk losing their licence to practice. I was the first lawyer to defend a Falun Gong practitioner in China and the first Chinese lawyer to lose his law license, in February 2005.
22. In December, 2005 prominent Beijing human rights lawyer Gao Zhisheng's (“Gao”) law licence was suspended and his law firm shut down in retaliation for his writing three open letters to the National People’s Congress and Chinese President Hu Jintao, in defence of Falun Gong. His cell phone and home telephone were tapped. Police have placed him and his family under strict surveillance and repeatedly threatened them. He was sentenced to three years of imprisonment in December 2006. I am informed by information on several internet websites as to a conversation between Gao and Hu Jia and believe that Gao was also tortured by officials of the CCP. However, under heavy international pressure, he was released from prison and placed under house arrest.
23. Other lawyers who have defended Falun Gong have met with serious repercussions. In January 2006, Shangdong lawyer Liu Ruping was sent into labour camps for his defence of the Falun Gong and publishing an article appealing for the cessation of persecution of Falun Gong. In March 2007, Guangdong Lawyer Zhu Yibiao was sent into labour camps for two years for his defence of Falun Gong.
24. At least six Chinese Human Rights lawyers have recently been systematically harassed by the Chinese government and two (Lawyer Liu Luping and Lawyer Zu Yibiao) have been arrested and sent to a labour camp for persisting with the filing of lawsuits on behalf of Falun Gong victims. Lawyers Yang Zaixing and Zhang Jiankang were both fired from their law firms for persisting to represent Falun Gong practitioners.
25. Chinese lawyers who have taken on other human rights cases (other than in respect of Falun Gong), in defiance of the directives of the Chinese government and the CCP to either refuse such cases or to abandon them, have suffered experiences similar to mine.
a. Zheng Enchong, a Shanghai lawyer, brought suit against the Shanghai Municipal Government on behalf of 500 homeowners who were victims of unfair or uncompensated expropriation. The Justice Bureau refused registration of his law licence for two years. Then police placed his home under surveillance and tapped his telephone, made a forced search of his home, and arrested him on June 6th, 2003. He had faxed two articles to the publication, Human Rights in China, and for this was charged with "illegally providing state secrets to foreigners" and sentenced to three years imprisonment in October, 2003.
b. Pu Zhiqiang, a well-known Beijing human rights lawyer, was black -listed, threatened, and subjected to telephone taps after he became my lawyer and brought suit against the Shanghai Justice Bureau on my behalf.
c. Li Boguang, a Beijing lawyer, was arrested on the charge of "gathering many persons to disturb social order", in December of 2004, after representing 10,000 peasants of Fuan, Fujian Province in a legal action to maintain their land rights; after eight months of detention, he was released on bail.