Thursday, June 3, 2021

Juvenile Justice for Girls with Chinese Characteristics: Juvenile Convictions Drop, Number of Offending Girls Remains High

Executive Director John Kamm makes introductory remarks during the webinar on March 30. Composite image credit: The Dui Hua Foundation 

The United States is increasingly mainstreaming gender-specific justice reform, and the need has been identified in China as well. In 2019, Dui Hua found that even as the number of girls convicted by courts decreased until the end of 2016, the number of girls convicted as a percentage of juvenile convictions had increased.

When Dui Hua published its research and analysis in December 2019, it expressed concern that the draft of a proposed law on the Prevention of Juvenile Delinquency released that autumn omitted gender-specific measures, saying that “it is increasingly accepted that gender-specific needs require different approaches.” The International Symposium on Girls in Conflict with the Law, organized by Dui Hua and its partners, explored issues related to girls’ justice in the Chinese justice system with representatives from China’s Supreme People’s Court (SPC). The webinar “China’s Supreme People’s Court: Special and Priority Protection of the Legitimate Rights and Interests of Underage Girls in Accordance with the Law” featured Dr. Jiang Jihai, Director of Juvenile Offender Office of Research Office of SPC, and Ms. Dai Qiuying, Director of Center for the Protection of Minors of Applied Law.

Remarks by both panelists, speaking through an interpreter, provide insight into the causal factors of female juvenile offences and new laws for juvenile offenders, particularly girls. These remarks, statistics discussed during the webinar, and Dui Hua’s research provide a more informed understanding of juvenile female crime rates in China and changing approaches to juvenile crime.

The Number of Offending Girls

Statistics from Dr. Jiang and Dui Hua research show that beginning in 2018, there was a sustained increase in the number of offending girls overall. Furthermore, the number of offending girls as a percentage of all offending juveniles has risen every year from 2013 to 2019 with a slight drop in 2020, yet percentagewise more than doubled over seven years earlier. Figures were unavailable for 2017 other than the total number of juveniles convicted.

Table 1: Total Convicted Juveniles by Gender and Percentage, All Chinese Courts 

Overall indictments for juveniles decreased from 37,743 in 2016 to 33,223 in 2020, in part due to an increased emphasis on diversion. However, as seen in Table 1, the number of girl offenders convicted has increased to 7.32 percent, compared to 4.39 percent in 2016 according to Dui Hua’s research and the numbers provided by Dr. Jiang, compared with the period of 2013-2016.

Table 2: Number of Juveniles Indicted in China, Annually

Diversion: Reform Through Education

The combined efforts of the SPC and the Supreme People’s Procuratorate (SPP) work to create a “whole society approach” to the criminal process for juvenile offenders that is focused on rehabilitation and education first, and punishment second. Table 2 shows that in 2019, the SPP prosecuted a total of 43,234 minors suspected of committing crimes. Table 3 shows that conditional non-prosecution (known in the United States as “diversion”) was applied for 7,663 of the juveniles who committed “minor crimes” and showed repentance in 2019, a number that had already been increasing year-by-year but had a sharp uptick between 2016 to 2019. 

The Chinese government has been overhauling legislation for juveniles as recently as 2020, when the newest version of the Law on Protection of Minors was passed. This law works in tandem with the revised Law of the People's Republic of China on Prevention of Juvenile Delinquency to inform policy and approach. These revisions codify previous legal provisions into black letter legal provisions, basic principles of law that are undisputed and accepted by all judges.

Table 3: Percentage and Totals of Juveniles Diverted Annually in China

"Important Innovations" and Criminal Law

The increase in minors given conditional non-prosecution in 2019 points to the continued emphasis on rehabilitation and education as the first response to juvenile offenders. It also underlines the relevance of the recent changes to the Law on Protection of Minors and the revised Law of the People’s Republic of China on Prevention of Juvenile Delinquency. 

Dr. Jiang discussed “important innovations” in the revised laws that aim to improve the treatment of juvenile offenders. These include refining the family guardianship system, improving governmental guardianship measures, establishing a mandatory reporting system, establishing an information inquiry system for criminals as well as clarifying the prevention and control of internet addiction, campus bullying, new offenses, and punishment measures for the behavior of failing to fulfill the legal obligations. 

The newly revised law also states that if a minor below the age of criminal liability commits an act which is prohibited by law, then government agencies may conduct an evaluation and, with the approval of a special education steering committee, provide corrective education at a special school. At these special schools, offenders reportedly receive moral, legal, and psychological health education, along with appropriate vocational training.

In December 2020, China passed 11th Amendment to the Criminal Law lowering the age of criminal responsibility from 14 to 12 years old for some serious crimes. The law holds children aged 12 to 14 criminally liable for “intentional homicide or intentional injury that leads to death or causes others severe disabilities by extremely cruel means.” If a crime not mentioned in the new law is committed by a child under the age of 14, they will be exempt from criminal punishment but may be given correctional education as mentioned above. Remaining unchanged is the law that holds those between the ages of 14 to 16 criminally responsible in serious crimes such as cases of rape, robbery, and intentional homicide. 

The approach to “juvenile justice with Chinese characteristics,” spoken of by both Dr. Jiang and Ms. Dai, prioritizes diversion from conviction and ongoing involvement by the court as part of the rehabilitation and education process. Under these reforms, judges are responsible for building and maintaining relationships with juvenile offenders and their families to understand the causal factors of their offence and provide guidance. Courts must first conduct a comprehensive analysis of the possibility of recidivism of minor offenders, including consideration of the offender’s family and home situation, then assess the best approach for rehabilitation with an emphasis on the primary caregiver or parents as role models. According to Dr. Jiang and Ms. Dai, the courts are also in the process of drafting two pieces of legislation titled the Family Education Law and the Child Welfare Law that would allow judicial agencies to play a larger role in ensuring the proper education and mentorship of children.

There is not much gender-specific data available to clarify what trends in diversion and education mean for girls specifically. Dr. Jiang noted that the overall age of female juvenile offenders has been getting younger. He cited the “low age” and “rebellious psychology during adolescence” of girl offenders as factors that lead them to “handle issues in a very simplified and immature way without the proper foresight and prediction of the consequence” due to their lack of legal knowledge. To address this, the government has taken efforts to help young people understand Chinese law. Such measures include events, campaigns, and educational materials for use in classrooms, judges serving as adjunct teachers on school campuses for primary and middle schools, and a moot court experience as well as online courses for older students.

Dr. Jiang makes remarks during the webinar. Image credit: The Dui Hua Foundation

Evidence also points to poor general education as a common causal factor for girl offenders, many with below a middle school education and a “non-existent or limited” understanding of the law according to Dr. Jiang. He also cited parents’ low education level as a causal factor for criminal behavior in both male and female minors. This lack of a basic education coupled with limited understanding of the law, can lead to the development of bad habits and criminal behavior. Both Dr. Jiang and Ms. Dai cited contexts and environmental factors as fundamental pathways to offending for girls, expressing the sentiment that “there are no problem children, only problem families.” 

Neglect was noted as another strong contributing factor for female offenders in China. In today’s economy, many children are left home unsupervised as both parents are working. This can result in young girls being negatively influenced by older female peers or people they befriend on the internet. Judges review these types of causal factors when assessing how to handle crimes committed by female juvenile offenders and deciding which course of action will bring the offender back to a “normal law-abiding citizen and useful talent for society.”

Ms. Dai emphasized that the family is the most important domain for the growth and improvement of minors, saying that “people should build a family upbringing model full of love, freedom, and respect.” Reflecting this emphasis, Article 7 of the Minors Protection Law in China allows the state or government to take “necessary measures” to guide, support, and supervise the parents or guardians in doing their duty” to raise law abiding citizens.

Ms. Dai makes remarks during the webinar.

Dr. Jiang suggested that the court is committed to continuing to improve gender-sensitive procedures for female juvenile offenders. These include increasing the use of female police officers, prosecutors, judges, and lawyers who are trained to handle girl’s cases and to protect the privacy of girl offenders. Taken together, these legislative and procedural changes suggest that juvenile justice policy reform, including gender-sensitive approaches, is increasingly seen as a priority.

A Gender-Sensitive Future

The comments by Dr. Jiang and Dai on changes to the SPC’s approach to juvenile justice law, including the inclusion of gender-sensitive processes, are promising. The International Symposium on Girls in Conflict with the Law produced a list of recommendations for the promotion of effective girls’ justice policy. Dr. Jiang and Ms. Dai’s remarks on community-based solutions, reducing detention, and applying non-custodial solutions/alternatives to detention are in line with these recommendations and Article 37b of the Convention on the Rights of the Child.

The focus on addressing root causes of juvenile offending, including socio-economic vulnerability and family instability, by funding and supporting social services is promising. At the time of this writing, China does not have, and never has, gender-specific criminal laws. Similarly, such measures as the implementation of gender-specific measures like specialized training and having female personnel interact with girls have yet to materialize in legislation or official policy.

The Symposium recommendations also stress the need to systematically collect disaggregated data in order to better understand the pathways leading children to detention globally. More transparency on figures for female juvenile offenders and diversion programs would contribute towards a collective understanding and better research. Were China to increase its engagement with the international community on girl’s justice, this could help promote best practices and effective policy at the international level.

Finally, the issue of long-standing research gaps rooted in discriminatory thinking emerged repeatedly during the Symposium in a variety of contexts. Like other countries including the United States and Canada, funding and supporting research on girl’s lives, including a special focus on Indigenous girls and ethnic minorities, would help governments effect better policy for justice-involved girls. China’s policy success and challenges around juvenile justice are a vital part of that understanding and would be an important contribution towards greater clarity on how to address juvenile justice for girls in the future.

Monday, May 17, 2021

Hefty Prison Sentences for Selling Audio Bibles

 

A selection of audio Bibles currently available on Taobao. Image credit: Taobao.com 

Dui Hua’s research into court judgments found that four Christians who sold USB flash drives containing encrypted sermons were sentenced to two to six years in prison in Henan Province on December 2, 2020. Three of them were convicted of illegal business activity and another of “concealing crime-related income.” Their trial was concluded just a few days before overseas Christian groups reported another illegal business activity case in Shenzhen where five Christians were facing trial for selling audio Bibles amid China’s campaign to “eradicate pornography and illegal publications.”

In April 2018, China’s popular online retailers including JD.com, Tabao, and Amazon.cn began pulling Bibles from their stores. Although the Bibles are still printed in China, they are legally available only at state-sanctioned church bookstores and cannot be sold through normal commercial channels. Individuals who breach the rules to sell the Bibles online or in physical bookstores risk being charged with illegal business activity under Article 225 of the Criminal Law.

New rules aim to restrict the circulation of religious materials. State control has extended to electronic devices containing religious content not censored by the state. Bible audio players have gained popularity because they are easy to use, especially among the elderly, the illiterate, and those who are visually impaired. Apart from Bible verses, these electronic players are also loaded with sermons, hymns, and other religious content. Such devices were once widely available on China’s largest online commercial sites.

A version of an audio Bible previously available on Taobao, designed for and marketed to elderly customers. Image credit: Taobao

Four of five Christians facing trial in Shenzhen are employees of the Shenzhen Tree of Life Culture Communication Company, which was established in April 2011 to produce Bible audio players. The company did not run into any legal trouble until the four employees were detained for illegal business activity in July 2020. The trial outcome remains unclear, but available sources show that prosecutors recommended that the court sentence Fu Xuanjuan (傅炫娟), owner of the Shenzhen company, to five years’ imprisonment, and the other three staffers to 18 months to three years.

Unbeknownst to the outside world, the four sentenced in Henan were also related to the same Shenzhen company. The judgment stated that from June-August 2018, Li Junke (李君科) entrusted the Shenzhen company to produce encrypted USB flash drives loaded with sermons by Li and another defendant Feng Fang (冯芳). During this period, they were said to have made an illegal profit of RMB8,000 from the sale of the encrypted USB flash drives to other Christians through WeChat friend groups.

Li explored ways to reduce expenses so that he could donate more money to help the elderly and poor families. Instead of outsourcing to the Shenzhen company, he started to produce his own audio Bibles. First, he procured 1,922 blank USB flash drives from a computer wholesaler in his home province of Shaanxi. Additionally, he asked the third defendant, Zhang Haohao (张好好), to encrypt the audio Bibles after she taught herself encryption. The fourth defendant Wang Xuefen (王雪粉) was in charge of promoting the audio Bibles primarily using WeChat and mailing them out. From January 31, 2019, to June 13, 2019, they  collected illegal revenue of RMB110,062 from the sale of 639 audio Bibles. After deducting the procurement cost of the 639 USB flash drives, the illegal profit amounted to RMB93,448.

Li, regarded as the principal offender in the case, received the lengthiest prison sentence among the defendants—six years. The court found that the sale constituted a “particularly grave circumstance,” citing Article 12 of the 1998 judicial interpretation concerning the hearings of illegal publications issued by the Supreme People’s Court. The article states that the circumstances are “particularly grave” where the profit made by an individual from illegal business activities exceeds RMB100,000. The court held that his total profit comprised RMB93,448 from the sale of 639 USB flash drives and RMB8,000 from the sale of USB flash drives manufactured by the Shenzhen company. The total profit amounted to RMB101,448, making Li’s profit barely exceed the “particularly grave circumstance” threshold.

Li’s prison sentence could have been shorter had the court considered deducting the mailing cost of the 639 USB flash drives. Each of the USB flash drives was mailed at the cost of RMB10. His profit would then have been reduced by RMB6,390 to RMB95,058, just below the "particularly grave circumstance” threshold. This was exactly what Li argued in his defense to mitigate his sentence during the trial. The court refused to accept his defense and instead determined the mailing cost to be part of operation costs for the illegal business activities, although it did deduct the procurement cost of the USB flash drives when calculating the profit. 

The two other defendants, Zhang and Wang, were also convicted of illegal business activity. They were sentenced to three years and two years in prison, respectively. Feng was convicted of a different crime of “concealing crime-related income” and is now serving her three years’ imprisonment sentence.

Since China began banning online Bible sales in April 2018, Dui Hua’s research into court websites has found 11 court judgments involving 54 defendants who were convicted for illegally selling Christian books and/or audio Bibles. Among them, 27 received suspended sentences and the prison sentence given to Li was the lengthiest. Li is scheduled for release from prison on June 14, 2025.

The offence of illegal business activity has typically been applied to those who make a profit to support their churches. However, the standard of conviction does not necessarily require an intent to establish a profitable business. Precedents suggest that Christians can receive prison sentences for printing and giving away religious texts for free. All these indicate the worsening state of religious freedom in China: economic crimes like illegal business activity provide a pretense to suppress religious activities and legitimize criminal punishments against religious groups and private individuals operating beyond the state’s control.

Thursday, May 13, 2021

Transparency in Inciting Splittism Trials

 

A picture of the town of Ganzi in the Tibetan Autonomous Region in western Sichuan Province, China, taken in 2005. Image credit: Colegota / CC BY-SA 2.5 ES

China’s Fifth Judicial Reform Plan Outline in 2019 committed itself to an “open, dynamic, transparent, convenient sunshine judicial system.” Although much progress has been made in the number of court rulings and judgments posted online, the level of transparency varies by case type, crime, and region. Criminal cases classified as endangering state security (ESS) are among the least transparent.

Part of this is because judges frequently exercise their discretion to decide what information, including rulings and judgments, to publish. They may also conceal information about cases they deem “inappropriate for posting.” In regions rocked by incidents of ethnic unrest, accessing information about ESS cases is considered difficult or even impossible at times due to media blackouts which occur periodically following violent clashes with Han Chinese. 

While this presumption about judicial transparency holds true in Xinjiang, it does not accurately reflect the availability of Chinese government sources with regard to ethnic minority prisoners who are convicted of political crimes in the Tibetan regions outside of the Tibetan Autonomous Region (TAR) and Han-majority provinces.

Despite being a restive region, Ganzi, or Garze, a Tibetan Autonomous Prefecture occupying the western arm of Sichuan Province, is the top region in all of China with the highest number of publicly disclosed ESS court rulings and judgments. In Ganzi, 26 of the 28 publicly disclosed ESS cases concerned the crime of inciting splittism (煽动分裂国家罪). Dui Hua previously reported that the Ganzi Intermediate People’s Court convicted nine Tibetans of inciting splittism between June and August 2020. In the last four months of 2020 the same court released five more judgments involving six defendants who were tried for the same crime.

Table 1. ESS Rulings Disclosed on China Judgements Online (as of April 30, 2021)

Aba, also known as Ngaba, similarly maintains a high level of transparency notwithstanding an astonishing number of self-immolation protests which occurred in the prefecture between 2012 and 2017. This Tibetan prefecture in northwestern Sichuan is ranked third in Table 1, with 20 ESS rulings and judgments disclosed on China Judgements Online. Thirteen of them were trials of inciting splittism. In 2020 alone, eight judgments were posted online by the Ganzi Intermediate People’s Court. 

Dui Hua previously reported that Xinjiang makes up the majority of China’s ESS cases (see Court Statistics on Splittism and Inciting Splittism, Part II: Uyghurs and Tibetans for a detailed analysis). The Chinese government has made an apparent attempt to obfuscate information in the autonomous region. At the time of writing, none of the ESS rulings and judgments on China Judgements Online were disclosed in Xinjiang. A small number of Xinjiang ESS court judgments Dui Hua unearthed earlier from court websites have since been taken down.

Table 2. A list of inciting splittism cases in Ganzi and Aba posted on China Judgements Online after August 31, 2020

Political Prisoner Database

The names of political prisoners convicted of inciting splittism can also be found in other open-source materials. In its “official registry,” Dui Hua’s restricted-access Political Prisoner Database (PPDB) has information on 250 individuals who were tried nationwide for inciting splittism. The cases referred to here were collected from official sources including court judgments and rulings, state-run news media reports, judicial annals available in libraries and electronic yearbooks, and responses provided to Dui Hua by Chinese interlocutors.

Access to information in Xinjiang is far more restricted than in Tibetan regions. Table 3 shows that about 60 percent of people tried for inciting splittism in the official registry are in the Tibetan plateau, compared to only 38 people, or 17 percent, in the entire Xinjiang Uyghur Autonomous Region (XUAR) including It is worth noting that the eight percent remainder also involved Uyghurs, they were scattered across Han-majority provinces, including Shanghai, Tianjin, Guangdong, Fujian, Jiangsu, Henan, Liaoning, and Jilin also involved Uyghurs.

Table 3. Regional breakdown of inciting splittism trials with information in Dui Hua's Official Registry

Ganzi comes out on top of all regions in Table 4; 68 prisoners convicted of inciting splittism are recorded in the official registry of the PPDB. The number is 11 times higher than that of Kashgar, Xinjiang, with records in the PPDB. The contrast is striking when we factor in a 2009 Chinese court report, which stated that more than 60 percent of Xinjiang’s ESS cases were tried in Kashgar. The paucity of prisoner information in the Uyghur prefecture has left the identities, acts, and fates of many of those convicted of inciting splittism unknown.

Labelled “the self-immolation capital” by The New York Times, Aba comes as a distant second in Table 4. The latest Tibetan to set himself ablaze, in November 2019, occurred in Aba.

Aba is followed by Huangnan, a Tibetan Autonomous Prefecture in Qinghai. It was another site of self-immolations and clashes between monks and Chinese security forces similar to Ganzi and Aba from 2012-2017.

Table 4. Top three regions with information of inciting splittism trials in PPDB Official Registry

In Qinghai, people tried for inciting splittism are not exclusively Tibetans. According to court judgments posted online, three ethnic Mongols were sentenced to nine to ten years in prison in the provincial capital of Xining in October 2008. Their imprisonment was likely related to the unrest in Tibet. Originally from Huangnan, they were detained in April 2008, just a month after the unrest in Lhasa set in motion a series of protests and demonstrations across the Tibetan plateau.

Outside of Xinjiang

Official information about Uyghur political cases appears more accessible outside of Xinjiang, at least for a brief period. Table 5 shows a breakdown of inciting splittism trials in the official registry of the PPDB. Of the 19 prisoners who were tried for inciting splittism in Han-majority provinces, all but one were Uyghurs.

Table 5. Number of inciting splittism trials in Han-majority provinces with information in PPDB Official Registry

Except for the three cases concluded in Shanghai in 2003, other cases in Table 5 were uncovered from court documents which were posted online between 2014 and 2016. Although the names of defendants were occasionally redacted or obscured, fewer ESS rulings and judgments at the time were classified as “unsuitable for posting.” These uncensored court judgments showed that most Uyghur defendants belonged to the “post-90s generation’ and were in their early twenties at the time of sentencing. Common allegations against them included using the internet to disseminate information about “East Turkestan” and the “Holy War.”

Some of the case highlights are:
  1. Rozi Wulayimu, born in 1985, was a cake seller who traveled back and forth to Guangzhou from Yiwu, Zhejiang, prior to detention in January 2015. While in Yiwu, he became acquainted with what prosecutors called a Uyghur “religious extremist” (zongjiao jiduan fenzi 宗教极端分子). According to the judgment, the “religious extremist” called the ban on veils and beards in Xinjiang a repression of Islam. The “religious extremist” bought Rozi a cellphone. It was preinstalled with Voxer, an app best known for walkie-talkie messaging, and another app with access to IRIB World Service, Iran’s international broadcasting radio network.

    Rozi did not use the preinstalled apps until after he moved back to Guangzhou in late 2014. IRIB World Service allegedly contained articles and images of violence, “East Turkestan,” and the “Holy War.” This browsing history became evidence of him inciting others to split China. Additionally, Rozi used Voxer to contact the “religious extremist,” who shared the idea of them illicitly going overseas. Uyghurs could not legally exit China because of tight travel restrictions placed on them, said Rozi during the trial. Rozi also expressed having a strong impulse to leave China because he was deeply moved by the contents of IRIB World Service. However, he dismissed this idea as he could not bear to leave his parents behind in China.

    In July 2016, Rozi was sentenced to two years in prison by the Guangzhou Intermediate People’s Court. Rozi was released from prison in January 2017, having already spent 17 months in custody prior to conviction.

  2. A Uyghur farmer, whose name was redacted in the judgment, was sentenced to two years in prison in Nanjing on July 17, 2015. He signed in to his QQ account with his cellphone and from cybercafes, where he disseminated audio and video messages of “religious extremism, the Holy War, and ethnic hatred.” Additionally, he was accused of sharing links to Turkistan Times, a multilingual news website covering news about Xinjiang.

  3. Cases are also documented in China’s northeast provinces. Eli Exmet studied at Changchun’s Northeast Normal University. The then-25-year-old student was sentenced to eight years in prison in October 2014. Prosecutors accused him of teaching private religious classes to Uyghurs studying there. In the classes, he raised funds from attendees to buy tablets and removable storage to use as teaching tools and explained why he supported the “Holy War” and “East Turkestan” with information he downloaded and copied from e-books and online videos.

    Another defendant, Metabdulla Iminniyaz, born in 1992, was sentenced to six years in prison. He was in charge of lecturing on Arabic-language videos. According to the judgment, he expressed the idea of “driving away all bad Han Chinese in Xinjiang” in his classes.

  4. Born in 1993, a Uyghur barbeque shop worker was sentenced to three years in prison in Dalian in February 2016. His name was redacted in the judgment. He was accused of uploading images from 2013-2014 containing violence and religious extremism to his personal cloud storage. Since he did not set a passcode to restrict access, the images were seen by many of the over 200 people on his contact list. Among the images was a map of China separating Taiwan, Tibet, and Xinjiang from Chinese territory. Xinjiang was also labelled “East Turkestan” and painted blue with a white crescent flag.

The empirical data presented in this post indicated a varying level of judicial transparency concerning the trials of inciting splittism. While Tibetans and Uyghurs are both disproportionately represented in such trials, the Chinese government appears more willing to disclose information about Tibetans than Uyghurs. That said, courts in Aba, Ganzi, Huangnan, and other Tibetan regions are far from genuinely transparent. The judgments which have thus far been posted online there merely contain defendants’ names, courts, and sentence dates. Information about their sentences, whereabouts, and health status remains concealed.

As mentioned earlier, the Uyghur cases outside of Xinjiang were concluded in 2014-2016, but Dui Hua is unable to find additional cases from Chinese government sources published over the past four years. The same practice of concealing information in publicly disclosed court rulings and judgments has also extended to cases of Han Chinese convicted of ESS crimes. As such, the opacity of ESS cases is suggestive of an overall downward trend in judicial transparency. ESS cases are by nature sensitive, but the strategic use of “discretion” by judges can serve as a smoke screen for crimes to be reclassified and charges shuffled. As long as this happens, China’s stated intentions of having a dynamic and transparent justice system will be out of reach.

Thursday, April 8, 2021

The Ongoing Crackdown on Yi Guan Dao

Members of a Yi Guan Dao organization offer incense in an apartment believed to be in mainland China at an unknown date. Image credit: Jin De Fo Tang’s Facebook account

Yi Guan Dao (YGD) has not been rendered extinct in mainland China, despite a lack of recent reporting which has led some experts to express doubt on the sect’s persecution or even existence in the mainland (read “The Resurgence of Yi Guan Dao” for a detailed analysis). Combining elements of Daoism, Buddhism, and folklore, YGD has been banned for over seven decades. During the early years of repression beginning in 1950, scores of YGD members were tortured, imprisoned, and executed.

Dui Hua recently uncovered three court judgments online that corroborate its observation that YGD practitioners continue to be at risk of imprisonment. The sect continues to gain traction among the middle-aged rural population in Shantou, Guangdong, where prosecutors accuse YGD of conducting “reactionary” activities.

YGD's beliefs, with elements of feudalism, include apocalyptic teachings and salvationist doctrines that say that only converts will go to heaven. China’s pre-1997 Criminal Law classified YGD as a “reactionary secret society” or fandong huidaomen (反动会道门). The term is considered pejorative, denoting people or ideas that embrace views considered to be superstitious and outdated. However, the term has largely fallen into disuse after the amended Criminal Law, issued in 1997, removed “reactionary secret society” and replaced it with “organizing or using a cult to undermine implementation of the law (Article 300).”

Chenghai District

On May 30, 2018, the government of Chenghai District in Shantou, Guangdong, issued a public notice concerning the ban on YGD activities. Labelling it a “superstitious secret society,” the ban states that YGD carries out “infiltration and sabotage” in the name of “prostrating to Buddha” and “doing good deeds” when in fact they are “seriously and adversely affecting the socialist construction of spiritual civilization…and normal life of the people.”  

Seven months after the ban was made public, a group of seven YGD leaders in Chenghai District were given prison sentences of eight to 18 months for “organizing or using a cult to undermine implementation of the law” on December 20, 2018.

Table 1: 7 YGD leaders sentenced on December 20, 2018

Source: Chenghai District People's Court

Du Liqun (杜丽群), considered the principal offender in the case, had been secretly proselytizing across several villages in the district since learning the faith from two YGD masters from Taiwan in 1995. She founded several temples and provided worshippers with access to YGD books, videotapes, and CDs. Worship was held on every first and 15th day of the lunar calendar, coinciding with the lectures on YGD teachings. Worshippers learned about YGD standards of decency and morality in the lectures, but prosecutors alleged that the teachings “wantonly spread reactionary thought” and “fetter the freedom of thinking.”

The judgment cited a witness as saying that there were four to five hundred worshippers at one of the temples on one occasion. Most members joined YGD to pray for family safety. While some were drawn by YGD’s promotion of traditional Chinese values such as filial piety, they also believed that YGD represented good deeds and could bring good karma. Among the new converts were an unspecified number of minors. Du and other leaders were also accused of soliciting donations and membership fees from worshippers. 

The court found that the seven YGD leaders had inflicted great social harm for influencing a large number of members. However, the circumstances of the case were mitigated by their willingness to confess and recant their beliefs. All defendants in this case have completed their prison sentences at the time of writing.

Shantou Chaoyang District

While the 2018 ban appears to have ended YGD activities in Shantou, Dui Hua found two more “cult” cases in Shantou Chaoyang District involving YGD leaders. On November 27, 2019, another group of 15 defendants were sentenced for Article 300, with punishments ranging from suspended sentences to three years in prison. Lin Qinmao (林钦茂) is the only defendant who remains imprisoned. He is expected to complete his three-year prison sentence in 2022.

A case posted on Guangdong Anti-Cult Website stated that most of the defendants were either illiterate or did not receive education past the primary school level. In this case, 13 defendants were women.

Table 2: 15 YGD leaders sentenced on November 27, 2019

Source: Guangdong Anti-Cult Website

Another court judgment shows that YGD has made inroads with members of the Chinese Communist Party (CCP), despite party membership rules that applicants must be “unyielding Marxist atheists.” Convicted separately in May 2020, CCP member Li Hesheng (李和胜) received a prison sentence of eight months suspended for one year. Li recruited 70 members for his self-funded temple before being criminally detained in December 2019.

Li Hesheng and the 15 defendants belonged to the same jing de fo tang (进德佛堂), a branch of YGD, in Shantou Chaoyang District. The court found that they were subordinate to another YGD group in Hong Kong, where members of spiritual groups outlawed in China can still practice freely. Since 2009, the group had recruited over 200 members in Shantou Chaoyang District. Some of them travelled to Hong Kong to take part in worship. The Hong Kong-based YGD group is also found to have shipped promotional materials to the mainland.

YGD typically gathers financial support through the performance of “rituals of salvation of the ancestors.” Its activities are also sustained by donations from ordinary members. In the case of the 15 defendants, the court confiscated a total of RMB600,000. 

The prison sentences meted out to the YGD leaders are noticeably shorter than many adherents of Falun Gong and Almighty God who are also convicted of violating Article 300. Unofficial news sources reported that a leader of Almighty God in Xinjiang received a hefty sentence of 15 years in prison in July 2020. The difference in treatment likely reflects YGD’s status as a lesser political threat to the regime. While its popularity and influence have diminished considerably compared to its heyday prior to the Communist takeover in 1949, the activities YGD conducted in Shantou show that the sect has survived seven decades of state repression.

The cases discussed in this post do not only show continuity in YGD’s connections with Taiwan and Hong Kong, but also the official narrative and tactics used by authorities to suppress the sect. In addition to conducting localized activities in Guangdong, YGD is also known to be active in Fujian, where Taiwanese preachers and followers remain active. YGD members from Fujian have also made asylum claims in Canada and Australia since 2000, citing their fear of religious persecution in mainland China.

Tuesday, March 2, 2021

China’s Popularity in US Sinks to Record Low

Reflecting a year of tense relations between the United States and China, China’s favorability rating among Americans as measured by the annual Gallup Poll has dropped to its lowest level in at least 40 years. The survey of 1,021 adults, carried out from February 3 to 28, 2021, found that 20 percent of American adults have a favorable view of China – down 13 points from the 2020 result – while 79 percent have an unfavorable view, an increase of 12 points over the 2020 result.

Clashes over how China has handled the coronavirus (polls show that large majorities of Americans fault China for how it handled the outbreak), human rights in Xinjiang and Hong Kong, trade, China’s militarization of the South China Sea, and China’s threats to Taiwan have taken a toll.

Unfavorable views of China in the Gallup poll outweighed favorable views in every demographic – gender, race, education, political party, and ideology. Only two countries – Iran and North Korea – are less popular than China. Taiwan has a favorability to unfavorability ratio of 72:24.

The results will bolster those in Congress and the Biden administration who favor tough policies towards China, and they will make efforts to ease tension and find common ground more difficult. A Pew poll taken in early February found that 48 percent of Americans believe that limiting the power and influence of China should be the United States’ top foreign policy priority. The same poll found that a slim majority of Americans – 53 to 46 percent – have confidence that President Biden will deal effectively with China.


Thursday, February 11, 2021

Dangerous Border Crossings: The Case of Cho Young-joo

South Korean missionary Cho Young-joo (in a blue striped polo shirt) led a mission trip in the summer of 2013 to provide education for children in Mongla, Myanmar. China accused Cho of organizing volunteers from China and South Korea to illegally cross the Yunnan-Myanmar border. Image credit: GoodNewsTV  

Cross-border evangelization involves unforeseeable risks. The risk is arguably grave in China, where foreign missionaries routinely face harassment and arbitrary detention. South Korean Christians and Chinese citizens of Korean descent (hereafter ethnic Koreans) are no strangers to arrests for assisting North Koreans who attempt the long journey to freedom and citizenship in the South.   

A judgment unearthed by Dui Hua revealed that Korean Christians in China en route to their overseas missions in Southeast Asia face similar risks. In May 2014, South Korean national Cho Young-joo (KR: 조영주; CH: 曹永周) was sentenced to seven years in prison for organizing illegal border crossings to Myanmar from Yunnan. 

While overland border crossings between Yunnan and Myanmar are only legally accessible to citizens from the two countries with valid exit permits, some areas are separated by rivers but crossable on foot in most other places. Informal Yunnan-Myanmar border crossings can be common, or were at the time of Cho’s conviction, in some areas. For this reason, the prosecution of some crossings and not others can be considered arbitrary or politically motivated applications of the law. 

The crime of organizing illegal border crossings, defined in Article 318 of the Criminal Law, has become the latest rallying point for critics of Beijing following the detention of twelve Hong Kong anti-extradition bill protesters who attempted to flee by boat to Taiwan in August 2020. On December 30, two of them received prison sentences of between two to three years in Yantian District, Shenzhen, for Article 318. The crime can lead to as many as seven years in prison and even longer if violence is involved.  

While some offenders feel compelled to flee lawsuits they believe to be politically motivated, Christians have fallen victim to the same crime for crossing the Chinese border to conduct charitable activities in another country. Cho led a group of Christians to provide education for impoverished children in Mongla, a Burmese city best known for casinos, prostitution, and markets for endangered wildlife with Chinese clientele.  

Good News Mission

Cho is from the South Korea-based Good News Mission (KR: 기쁜소식교회; CH: 好消息教会). The mission was founded by Ock Soo-park in 1976 and proclaims to have 170 churches in South Korea and 838 international churches. Due to doctrinal differences, mainstream South Korean Protestant denominations have called the mission “heretical.” The accusation stems from its allegedly objectionable conduct, such as deceptive recruiting and the exaltation of Ock

In China, there were few if any reports about its church members being subjected to coercive measures until Bitter Winter, an online magazine that focuses on religious liberty and human rights issues in China, reported a case of 26 people who were sentenced for “illegal business activity” in July 2020. They were accused of printing Good News Mission books. Among them, Xian Renguo (咸仁国), director of the Secretarial Department of the mission, received a prison sentence of 42 months in Jiangsu. 

There is evidence that the mission has gained some traction in China. Government gazettes have documented instances of “infiltration” from the Good News Mission in the northeast provinces of Liaoning, Jilin, and Heilongjiang, where the majority of two million ethnic Koreans are concentrated. Liaoning was among the first provinces to have banned the church as early as  2005. Public security in Inner Mongolia, Hunan, Guizhou, and Shaanxi have also filed “special cases” (专案) to monitor the church. The most recent mention by the government found in the 2016 Changsha Yearbook  states that an unknown number of members were taken to “education classes” for illegally proselytizing there. Reporting by Bitter Winter also revealed that the mission established a secretarial department in Guangzhou in 2009. 

Three Border Crossings

Jingkang School is a government-funded school founded in 2011 in Mongla, a township in Shan State Special Administrative Region 4, Myanmar. In 2013, Cho led volunteers from China and South Korea to cross the Yunnan-Myanmar border to provide schooling and humanitarian aid. Image credit: Information Website of the No.4 Special Administrative Region of Eastern Shan Information Website  

Prior to detention, Cho administered a website to recruit volunteers to provide schooling for children in Mongla, the capital of Myanmar’s Shan State Special Administrative Region 4 bordering China’s Menghai County in Yunnan. Jointly initiated by Jingkang School (景康学校) in Mongla, the mission was joined by South Koreans and Chinese nationals, including members of ethnic minority groups such as ethnic Koreans, Manchu, and Jingpo (景颇族, a predominantly Christian ethnic group in Yunnan).

The Daluo Port is the official crossing that connects Mongla to Yunnan’s Menghai County. Image credit: Google Map and zhihu.com 

The Daluo Port is the only official crossing that connects Mongla to Yunnan’s Menghai County. As with many other overland border crossings between Yunnan and Myanmar, the port is accessible only to citizens from the two countries with valid exit permits. Exit permits are also obtainable by licensed tour operators catering to casino clientele. However, as noted above, the Yunnan-Myanmar border is considered porous and crossable on foot in many places. Locals are known to eschew the process of applying for a pass in favor of informal crossings utilizing accessible entry points. A 2014 New York Times article noted that few locals “bother applying for a pass and instead sneak through, via motorbike or by climbing through large holes conveniently located on the border fence.”  

Cho was accused of organizing three illegal border crossings from Yunnan to Mongla, all of which were made in July 2013. Of the three border crossings, Cho admitted to having a leading role in the first one where he was physically present:

  1. In the summer of 2013, Cho was assisted by local churches in China to arrange for five South Korean students to meet him in Kunming, Yunnan’s provincial capital. From Kunming, they travelled to Jinghong, where they split into two groups. All but one student made their way to Mongla’s Jingkang School.

    Cho and his wife stayed with the one South Korean student who did not make it to Jingkang School. They were later alerted by Zhang Hongjun (张洪军), a Han missionary from Qiqihar, Heilongjiang Province, to evade Chinese police before crossing a river to Mongla. The trio was intercepted by Yunnan police upon their return to Kunming on July 25, 2013.

  2. Prior to Cho’s detainment, Burmese police apprehended a total of 31 people on July 21. They were sent back to Yunnan on the same day. According to the Chinese prosecutors, Cho instructed Wang Yingjie (王应杰) and Yang Yuanyuan (杨园园) to arrange a coach for the volunteers after they had arrived in Kunming. Wang travelled with them to the border township of Menglong, from where they took minivans and crossed the border to Myanmar via a secret route. This group appeared to have taken a detour in a bid to join Cho in Mongla to avoid unwanted attention from border police.
  3. Yang was responsible for collecting transportation fees from the volunteers and did not cross the Yunnan-Myanmar border. Yang, however, was detained separately on August 9, 2013.

  4. The third border crossing involved seven volunteers, all of whom managed to reach Mongla. Four of them were detained in Menghai County on July 28 after they had finished volunteering and returned to Yunnan on the same day.

Map showing the route (green) from Kunming to Jinghong, from where Cho intended to travel to Mongla. Source: Gaode Map 

Convictions & Harsh Sentences

Ten other defendants were also tried alongside Cho. The Jinghong City People’s Court sentenced three for “organizing illegal border crossings;” four for “transporting others to illegally cross the border;” and another four for “illegal border crossing.” All but Cho were Chinese nationals. 

Cho’s wife and the five volunteers from South Korea were not prosecuted. They were deported after paying a fine for violating the Exit and Entry Administration Law.  

Table 1: Individuals convicted of crimes related to illegal border crossings.
Source: Jinghong City People’s Court

The sentence handed down to Cho can be considered severe, even more so than many profit-oriented smugglers convicted of the same crime for pouring an illegal flow of labor into or out of China.



According to the 12-volume Records of People’s Courts Historical Judicial Statistics: 1949-2016 released by the Supreme People’s Court, 7,264 individuals were convicted of Article 318 in the 18 years beginning in 1998. Of them, one in every five defendants received prison sentences over five years. A larger portion, 37 percent, received prison sentences not exceeding three years. 

Considered a lenient punishment, suspended sentences are quite common in Article 318 cases. One in every four defendants received suspended sentences from 1998-2016. Cho was not given leniency even though none of the 11 defendants had an intent to profit. It would be hard to argue that Cho’s humanitarian work in Mongla has inflicted any social harms in China or Myanmar, an important factor to consider when a court determines sentencing. Cho’s defense lawyer also asked the court, albeit in vain, to consider the ties of friendship between China and South Korea. 

A cropped image of the 29-page court judgment detailing the specifics of the three illegal border crossings organized by Cho. Image credit: China Judgements Online 

The 29-page judgment did not explain why Cho deserved a seven-year prison sentence; it only focused on Cho’s role as the principal offender who “led, plotted, and organized” more than 40 people to illegally cross the Yunnan-Myanmar border thrice. The court also found that Cho had known that crossing the Yunnan-Myanmar border without proper documentation would be an unlawful act. However, he only expected that the crossings, if found, would constitute an administrative violation, rather than a criminal offense. He appeared to have acted on his belief that Chinese authorities would turn a blind eye to people illicitly slipping through the border, as they often do with locals who commute to towns on the other side of the border to see relatives or conduct trade as part of their daily lives.

Cho’s case was investigated by guobao, China’s secret police force in charge of handling political dissidents, religious groups, and “subversive” activities. The case fulfilled the criteria for being an “important case” (pinyin: zhongda anjian, 重大案件), as defined in the notice issued by the Ministry of Public Security in 2000 which stipulates that one of the following conditions is met:

  1. organizing 20-49 people to illegally cross the border at one time; 
  2. organizing others to cross the border three to four times; 
  3. causing serious injuries to one to two persons during the crossing; 
  4. depriving of or restricting personal freedom of others; 
  5. using violence or coercion to resist law enforcement; 
  6. illegally making a profit of RMB50,000-200,000; 
  7. and other “serious circumstances.” 

Points 1 and 2 are relevant to Cho, making his case almost certainly a zhongda anjian

Cho served his prison sentence in Qingdao, Shandong, in closer geographical proximity to South Korea than Yunnan. His first sentence reduction was granted three years into his prison sentence in December 2016; another reduction was granted in 2018. Good News Daily (Good News Mission’s news portal) reported his return to South Korea on January 23, 2019 upon completion of his prison sentence. Other than that, his case did not appear to have garnered substantial coverage in mainstream news media in South Korea. 

The Chinese government likely considers Cho a case of foreign infiltration, a term typically associated with religious activities conducted by foreign missionaries inside China. His case suggested that foreigners proselytizing outside of China face hefty prison sentences.

A Risky Venture

Cho’s imprisonment was by no means an isolated incident. In March 2018, Reverend John Cao Sanqiang (曹三强) was sentenced to seven years in prison for the same charge of organizing illegal border crossings. Cao conducted charitable work in Myanmar’s Wa Region, subsumed under the northern special region of Shan State near the Yunnan-Myanmar border. In addition to providing schooling, Cao also organized a charity clinic to reduce child and infant mortality rates, offered drug rehabilitation, and conducted onsite visits to Wa families to educate them about the harms of drug abuse. On March 5, 2017, Cao was taken into custody by Chinese police at the border upon his return to Menglian County, Yunnan, from Myanmar.

Despite being a Chinese national, Cao is perceived by the Chinese government to have close US connections. Cao is a US permanent resident with links to China’s house church movement. His trial was concluded at the onset of the fraying US-China ties caused by the trade war. The Department of State has expressed “deep concerns” and urged that Cao be released on humanitarian grounds. The UN Working Group on Arbitrary Detention called for his release from wrongful imprisonment in October 2019. 

China has a track record of hostage diplomacy by holding foreign nationals as bargaining chips on dubious charges, as in the cases of Michael Kovrig and Michael Spavor. However, political and economic problems between China and South Korea were irrelevant to Cho’s case. Cho was sentenced amid the warming ties between the two countries. Irritants did not occur until South Korea announced its approval of the US deployment of the THAAD missile system to counter the growing threats from North Korea. As China-South Korea relations turned sour in 2016, an increasing number of reports of missionaries being deported and visas refused have emerged.

There might be reasons not explicitly stated in the judgment that could explain Cho’s harsh prison sentence. In the early 2010s, official news media began reporting a surge of cross-border crimes in Southwest China. Of particular concern were cases of a political nature involving overseas religious forces complicit in organizing “Uyghurs splittists” to flee overseas through Yunnan and Guangxi. This led the Supreme People’s Court and Supreme People’s Procuratorate to issue a joint response in 2012, in which they called on all cross-border crimes to be “handled in the strictest possible manner.” Public security was required to strengthen investigation and detection of cross-border crimes. Cho, a religious figure with close foreign connections, might just be an unfortunate victim as China began increasing scrutiny along the Yunnan-Myanmar border amid its campaign to ratchet up stability maintenance.

The case of Cho Young-joo is not well-documented in Chinese government sources beyond the 29-page court judgment published on China Judgements Online. We will likely be kept in the dark until more information about Cho’s case becomes publicly available. That said, it has become increasingly clear that cross-border evangelization is riskier than ever. In early 2020, China reportedly started erecting a 2000-kilometer reinforced fence along the Yunnan-Myanmar border. The move has been officially cast as an attempt to contain imported cases of COVID-19 from Myanmar

Some observers have alluded other motives to Beijing. The wall can be more than just a physical barrier; it has created new nodes of surveillance combined with the rollout of facial recognition technologies that can be used to monitor not only dissidents, but also ethnic minorities and missionaries, as well as to keep them from fleeing the country.

Tuesday, January 12, 2021

Tablighi Jamaat and Hui Muslims

 

Footage posted in 2015 shows Chinese Muslims, who appear to be members of Tablighi Jamaat (in white robes)holding a prayer in a Chinese-style mosqueThe skullcapped worshippers to the right are believed to be Hui Muslims. Image credit: Umal Al-Dawa Youtube Account

Literally translated as “society for spreading faith,” Tablighi Jamaat (TJ) is a transnational movement closely tied to the Deobandi interpretation of the Sunni Islamic teachings. It is often seen as an ultraorthodox sect, and some media outlets have erroneously reported that TJ calls on Muslims to travel the world to convert non-believers. Founded in India in 1926, TJ encourages all members to form small groups to proselytize both in- and outside of mosques.  

TJ’s proselytizing method differs from the mainstream practice in that it is revivalist and insular. Rather than focus on non-Muslims, TJ adherents encourage other Muslims to adopt more orthodox lifestyles akin to those of Muhammad and the first Muslim adherents, and to focus proselytizing on current believers and Muslims of lapsed faith. Branding itself as a pietistic movement that eschews politics, TJ is active in over 150 countries, according to a study published in 2010 by Pew Research Center. TJ has an estimated 25 to 80 million participants around the globe, with the majority living in South Asia. 

Although TJ openly rejects violence as a means for evangelism, it is banned by Russia and a number of Middle East nations due to its suspected connections to militancy and terrorism. TJ, however, continues to operate legally in much of Europe. While a French intelligence official remarked that TJ provided “fertile ground for breeding terrorism,” other European anti-terrorism officials said there is insufficient proof to substantiate the claim. The United Kingdom has become a center of TJ activities with the arrival of South Asian immigrants since the 1960s. In the United States, officials have been unable to prove that TJ is a terrorist group although the then-assistant director of the FBI said in 2003 that “al-Qaida used them for recruiting.” Since the attacks of September 11, 2001, the United States has placed the 50,000 TJ participants in the country under close surveillance. 

The Chinese government sees TJ as a matter of serious concern and employs similar rhetoric to discredit the sect. That said, because of its diffuse nature and scarcity of public information, little is known about how TJ operates and the extent of its influence in China. Researching this subject is also difficult because varying transliterations are in use, including taibilike (台比力克), zhema’erti (哲麻尔体), zhemati (哲麻提), and chuzhemati (出哲麻提). In government sources, TJ is also called Da’wah Preaching Society (dawa xuanjiaotuan 达瓦宣教团). The name is occasionally shortened as Da’wah (达瓦), dawaer (达瓦尔), or dawa (达洼), all of which stem from an Arabic word used in the Quran to describe Allah’s call to proselytize. Some scholars have also said that in China and elsewhere, Da’wah refers to a range of educational and social welfare activities catering to Muslims in need.  

The participation of Hui Muslims in TJ has attracted some scholarly interest. Among the first English literature on this topic is “Hui Muslims: The Milieu of Radicalization and Extremism,” a chapter of Ethnic Identity and National Conflict in China, but it only mentions in passing that TJ increases the risk of radicalization among Hui. There are also a few Chinese-language studies about TJ, but none of them go beyond providing basic facts about its history, practices, and overseas activities.  

Alexander Stewart

Anthropology scholar Alexander Stewart conducted an in-depth study on this little-known subject. His 2018 article titled “Tabligh Jama’at in China: Sacred self, worldly nation, transnational imaginary” focuses on Hui participation in TJ in Xining, Qinghai. Stewart pointed out the sensitivity of the subject matter, citing anecdotal remarks from a graduate student who was told by mainland professors to avoid touching on it. Stewart indicated that many TJ participants in Xining “wear the loose, white, South Asian-style clothing common to the movement…” Unlike TJ participants outside of China, they do not gather in exclusively dedicated mosques or institutes. They have distinctive ritualized behaviour and proselytizing methods: they lead study sessions and travel occasionally in groups of four to ten people to preach all over China. “Instead of violently opposing the Han-dominated atheist state like some extremists among Uyghur splittists in Xinjiang,” TJ stresses the unity of all Muslims, transcending the many Islamic sectarian divides. Another reason why TJ appeals to Hui is because the sect provides an escape for those dissatisfied with state-appointed imams who prioritize patriotism over religious orthodoxy. 

Stewart noted that the legal status of TJ in China is ambiguous. In his article, Stewart cites one criminal case which strongly suggests that TJ participants are at risk of imprisonment in Xinjiang. The case was concluded in Gulja County in September 2013 and involved a Hui farmer sentenced to two years’ imprisonment for “gathering a crowd to disturb social order.” The charge stemmed from his participation in TJ and illegally proselytizing in Xinjiang, Gansu, Ningxia, and Qinghai. In the judgment, the court designated Da’wah as an “overseas religious infiltration organization… unanimously boycotted by China’s traditional Islamic groups.” 

Dui Hua's Research

The Hui farmer case cited by Stewart was not an isolated instance. Politically driven accusations against TJ are dominant in official narratives. In 1999, Kashgar Yearbook recounted finding “reactionary propaganda” from hostile forces that included TJ. In that year, police broke up 11 secret TJ gatherings and confiscated about 2,000 copies of “reactionary” books, 80,000 copies of illegal religious publications, and thousands of reactionary and religious cassette tapes. Kashgar and other Xinjiang localities have also branded TJ as a source of “sabotage and infiltration” and religious extremism despite a lack of evidence to substantiate the claims. In Xinjiang, TJ is also categorized as one of the sanfei (三非, i.e. three illegal) cases, which include people who take part in illegal religious activities, produce illegal religious publications, and propagate illegal religion online. 

Government gazettes sometimes give piecemeal figures of police raids that hint at the extent of influence of TJ. In 2004, Kashgar police reportedly investigated 220 participants in the whole prefecture. In 2010, police outlawed five gatherings involving 76 people. The sources, however, did not state whether the TJ participants were Uyghurs, Hui, or members of other Muslim minorities. 

Dui Hua’s research into court judgments uncovered several criminal cases in connection to TJ, all of which involved Hui Muslims. None of them were accused of terrorism or convicted of terrorism-related crimes. Allegations against them all centered on “illegally proselyting” or “illegally teaching illegal Islamic classes.” For instance, Ma Decang (马德仓) was sentenced to six years’ imprisonment on December 12, 2014, in Turpan City, for the same offense of “gathering a crowd to disturb social order” because he was not authorized by the state to teach the Quran in mosques and his home. As a leader of a local TJ group, he received non-local TJ visitors in his home, where he held prayers and arranged proselytizing missions to Xinjiang, Gansu, Shaanxi, Ningxia, and Sichuan.  

Available sources also suggest that some TJ participants travelled abroad to preach. As recently as April 2020, news media reported that six Chinese nationals were among the 960 TJ members who were blacklisted and their tourist visas cancelled by India’s Union Home Ministry as the deepening coronavirus sparked border closures and strict lockdowns. 

In China, even making arrangements for TJ participants to travel overseas can be seen as a criminal act. On May 19, 2015, Jin Dehuai (金德怀) received an even lengthier seven years’ prison sentence in Xinjiang, again for “gathering a crowd to disturb social order.” The judgment stated that Jin arranged Bangladesh visas for other TJ participants. In 2013, Jin himself paid a 40-day visit to Bangladesh, where he met with other TJ participants from China. Additionally, Jin was accused of organizing multiple “jamaat’” gatherings and Islamic classes in his home in Changji Hui Autonomous Prefecture.  

Another reason for the severity of Jin’s sentence is that he reoffended. In 2009, Jin was sentenced to one year and six months for the same offense as he was found guilty of teaching the Quran to over two dozen Hui and Uyghur children aged three to 16. The religious classes Jin provided were said to have inflicted harm on the children’s health because they were confined in several small apartments that “restricted their free movement,” according to the judgment. 

From “reactionary” to “infiltration, extremism and terrorism,” the different accusations put forward by the Chinese government against TJ appear to suggest that local officials in Xinjiang do not share the same understanding on how to pursue the sect. There were also cases where TJ participants were instead charged with Article 300 of the Criminal Law “organizing/using a cult to undermine implementation of the law.” The application of this offense is unusual because TJ is not an officially recognized cult organization such as Falun Gong or Almighty God.  

Riyad as-Salihin Hadiths, once available for sale in online bookstores, was said to be an illegal religious publication in the case of Ma Sheng in 2013. The image was originally from www.kongfz.com but is no longer on the site. 

In one case concluded in October 2010, the Gulja County People’s Court sentenced seven Hui TJ participants to three-four years’ imprisonment for “cult.” One of them is Ma Sheng (马胜), who was similarly accused of conducting illegal religious classes. Available sources stated that he taught several banned books, including Islamic Six Virtues and Riyad as-Salihin Hadiths. Publications of the same titles are downloadable free of charge from various online file sharing services.  

Beyond Xinjiang

The crackdown on Muslims that began with the Uyghurs in Xinjiang has spread to other regions. Dui Hua has also found criminal cases involving TJ participants in other provinces. Ningxia, home to a large concentration of Hui Muslims, is another center of Hui TJ participants. In 2014, public security in Litong District launched a district-wide crackdown on “cults”, breaking up five different Da’Wah gatherings and “dismissing” 48 participants. In 2015, Ningxia raided 48 instances of “Da’wah Work” involving 355 individuals throughout the province. In 2016, in Tongxin County alone, also in Ningxia, authorities reportedly stopped 125 Da’Wah participants from “illegally proselytizing.” 

An online judgment unearthed by Dui Hua indicated that a local court in Ningxia found Ma Zongcheng (马宗成) guilty of “gathering a crowd to disrupt a public place and traffic order” for taking part in TJ activities from 2009-2018 and gathering TJ members in his home from other parts of Ningxia, Gansu, and Henan. Ma was sentenced to two years’ imprisonment and was released on December 23, 2019. 

A document issued by the Hohhot Islamic Association in August 2019 asks all mosques to deny entry of Da’wah imams in order to comply with the state policy to Sinicize religion. Initially posted on QQ, a web portal developed by Chinese tech giant Tencent, the image has been deleted. 

How TJ is officially designated in China remains ambiguous—does it really share a propensity towards extremism and terrorism, or is it another a peaceful group banned in China because of its effort to preach and conduct classes outside the state system? Instead of violent or other terrorism-related crimes, TJ members of Hui descent were mostly convicted of public order offenses, or sometimes “cult,” for illegally proselytizing or conducting Islamic classes.  

Media attention to Hui Muslims began relatively recently around 2018 when authorities across China started demolishing mosques perceived to be “un-Chinese,” shuttered Arabic language schools, and launched “anti-halal” crackdowns which affected tens of thousands of Hui entrepreneurs and restaurant owners. However, the cases demonstrated in this post show that a portion of Hui Muslims, particularly participants of TJ, faced repression even before Chinese president Xi Jinping announced his plan to Sinicize religion. First mentioned at the Central United Front Work Conference in May 2015, Sinicization brought about major bureaucratic restructuring that put state organs in charge of religious affairs directly under the CCP’s United Front Work Department, with the primary objective to safeguard CCP’s power. At a Central Religious Work Conference in April 2016, Xi directed his Sinicization remark in part at Hui Muslims for their troubling extension of “Islamization” of Chinese society

Today, the clampdown on Islam has become more widespread, and some Hui Muslims are known to have been swept into re-education camps alongside Uyghurs. More research is needed to evaluate how Sinicization has accelerated the clampdown on Hui participants of TJ, whose beliefs, practices, and overseas connections are at odds with increasingly xenophobic body politic under Xi. 

In addition to Uyghurs and Hui, the Sinicization of Islam has taken aim at additional minority groups. In September 2020, reports of a crackdown on the Utsul Muslims, a population of around 10,000 living in Hainan, emerged. New restrictions ban traditional Islamic dress, including the hijab and a traditional long skirt worn by female practitioners, from schools in Utsul neighborhoods. The ban is allegedly part of a wider prohibition against any traditional ethnic garments in schools, even though it only affects the Utsuls. In addition to the ban on traditional dress, other measures to be implemented include increased surveillance of residents in Muslim neighborhoods, restrictions on the sizes of mosques, and the removal of Arabic script and architectural features from mosques and other buildings.