Viewpoint

09.06.23

Three Years in, Hong Kong’s National Security Law Has Entrenched a New Status Quo

Thomas Kellogg & Charlotte Yeung
On March 20, 2023, a Hong Kong court sentenced three people to prison for sedition. Police had arrested them in January, during and after a raid on a book fair in Mong Kok, for the purported crime of selling self-published books about the city’s...

Features

04.05.22

Arrest Data Show National Security Law Has Dealt a Hard Blow to Free Expression in Hong Kong

Eric Yan-ho Lai & Thomas Kellogg
On December 29, 2021, two hundred national security police officers raided a newspaper headquarters and arrested several individuals at various locations across Hong Kong. The exceptional number of police officers involved suggested those arrested...

Viewpoint

02.01.22

Verdicts from China’s Courts Used to Be Accessible Online. Now They’re Disappearing.

Luo Jiajun & Thomas Kellogg
Judicial transparency in China has taken a significant step backward in recent months. Beginning at least a year ago, China’s Supreme People’s Court has considerably scaled back the number of cases available on its China Judgments Online web portal...

Viewpoint

09.09.21

A Farewell to My Students

Xu Zhangrun & Geremie R. Barmé
Xu Zhangrun addresses this letter to the students and young scholars who participated in “The Three Talents Salon” which Xu founded in 2003, a biannual symposium devoted to fostering “three talents” or skills in the participants: in-depth reading,...

Features

05.03.21

New Data Show Hong Kong’s National Security Arrests Follow a Pattern

Lydia Wong & Thomas Kellogg
In the nine months since the Hong Kong National Security Law was passed, more than 90 people have been arrested under the new legislation. Though they have been charged with various breaches of national security ranging from inciting secession to...

Reports

02.01.21

Hong Kong’s National Security Law

Lydia Wong and Thomas Kellogg
Lydia Wong & Thomas Kellogg
The Center for Asian Law at Georgetown University
The National Security Law (NSL) constitutes one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover. This report analyzes the key elements of the NSL, and attempts to gauge the new law’s impact on human...

China’s First Big #MeToo Case Tests the Party

Lavender Au from New York Review of Books
In November, a court at last notified Zhou Xiaoxuan, known more commonly by her nickname, Xianzi, that it would try her case, a civil lawsuit filed in 2018 against television host Zhu Jun, who she alleges sexually harassed her. But when the trial...

Viewpoint

09.17.20

Could Same-Sex Marriage Advocacy in China Be Poised for a Breakthrough?

Darius Longarino
Last fall, as China’s lawmakers neared finalizing the country’s first-ever Civil Code, they opened to public comment its draft chapters on marriage and other areas of law. A newly formed coalition of LGBTQ organizations advocating for gay marriage...

Books

10.31.19

Sovereignty in China

Maria Adele Carrai
Cambridge University Press: This book provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats, and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order, and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.{chop}

Postcard

10.17.19

‘If We Give up on Our Husbands Today, Tomorrow Our Children Will Be Ashamed of Us’

Jiang Xue
This is a story about fear and the attempt to conquer fear. The wives of some of the lawyers who disappeared in China’s “709” crackdown have suffered house arrest, threats, and suppression. In their search to find their husbands, they hope no longer...

Viewpoint

08.02.19

‘Once Their Mental State Is Healthy, They Will Be Able to Live Happily in Society’

Timothy Grose
We should pause before impetuously tracing the practice of describing Islam as an illness, disease, or even cancer to “Western” politicians. While the United States-led “War on Terror” and subsequent global anxieties over Islam have undeniably...

Conversation

06.19.19

Hong Kong in Protest

David Schlesinger, Ho-fung Hung & more
On June 16, an estimated 2 million people took to the streets to protest the Hong Kong government’s handling of a proposed extradition bill. This followed two massive demonstrations against the bill earlier in the month, including one where police...

Viewpoint

06.19.19

What Does the Pause of Hong Kong’s Extradition Bill Mean?

Jerome A. Cohen
The Hong Kong people’s historic mass protests during the past 10 days have demonstrated their awareness that the now suspended extradition bill proposed by Chief Executive Carrie Lam represented a threat to Hong Kong’s promised “high degree of...
05.20.19

What Would Amending Hong Kong’s Law on Extradition Mean for International Non-Profits?

Amanda Bogan & Jessica Batke
Hong Kong legislators are currently engaged in a fierce struggle over the proposed passing of a bill that would expand Hong Kong's policy to allow for extradition, on a case-by-case basis, to countries with which the territory does not have...

Viewpoint

08.23.18

It’s Too Easy to Wind up in a Chinese Psychiatric Hospital, and Far Too Hard to Get Out

Jerome A. Cohen & Chi Yin
Every day in China, hundreds of people are involuntarily confined in mental health facilities, some through their involvement in criminal cases, many more via the government’s civil commitment processes. Whether, how, and how long to detain the...

Viewpoint

08.02.18

Remaking China’s Civil Society in the Xi Jinping Era

Shawn Shieh
Given his past animosity towards civil society, Xi’s actions have been seen by some as moving China towards a new form of totalitarianism and a closing of the space for civil society. I would argue instead that we should see Xi’s ascendancy,...

U.S. Defense Bill Seeks to Counter China

Katie O'Keefe and Siobhan Hughes
Wall Street Journal
Congress is preparing to enact a defense-policy bill that some lawmakers say is tougher on China than any in history, as a bipartisan movement to confront Beijing gathers steam. The measure, an annual policy bill that will authorize $716 billion in...

Cleared of Spying for China, She Still Doesn’t Have Her Job Back

Nicole Perlroth
New York Times
It is the case that the government simply will not let die.

Reports

05.03.18

Policy Analysis on China’s Civil Society Organizations First Quarter of 2018

China Europe Association for Civil Rights
Civil society organizations in China faced increasingly grim circumstances in the first quarter of 2018. Whether looking at the direct impact of the Law on the Management of Foreign Non-Governmental Organizations’ Activities or the Charity Law,...

Reports

04.01.18

China Philanthropy Law Report

The International Center for Not-for-Profit Law
China’s legal framework is constraining for civil society in general and philanthropic giving in particular. During the current administration of President Xi Jinping, Chinese civil society has come under a great deal of pressure. In terms of both...

China Academics Divided over Australia Influence Crackdown

Jamie Smyth
Financial Times
Canberra’s proposed crackdown on Chinese government influence in Australia has prompted a bitter split among academics, following claims the policy is driven by racism and is stigmatising Chinese Australians.

Sinica Podcast

03.06.18

Courts & Torts: Driving the Chinese Legal System

Kaiser Kuo, Jeremy Goldkorn & more from Sinica Podcast
“Having read hundreds and hundreds of these cases, I have decided that I’m never going to drive in China.” That is what Benjamin Liebman, the director of the Center for Chinese Legal Studies at Columbia University, concluded after his extensive...

Viewpoint

01.23.18

Who’s to Blame for Hong Kong’s Weakening Rule of Law?

Alvin Y.H. Cheung
Rimsky Yuen, Hong Kong’s third Secretary for Justice, stepped down in early January. He leaves his department, and the city’s reputation for rule of law, markedly worse than they were when he took office in July 2012.According to the Department of...

Viewpoint

01.19.18

China’s Leaders Are Poised to Strike a Blow to Its Legal System

Stanley Lubman
President Xi Jinping has escalated China’s war on corruption with a proposed new law that would expand the reach of the Party in an unprecedented manner. Under current law, two formally separate entities deal with cases of corruption: A Party...

Viewpoint

12.14.17

Can Environmental Lawsuits in China Succeed?

Stanley Lubman
Air and water pollution are rising in China, and so is the number of lawsuits against polluters. Access to the courts is growing: Chinese prosecutors and some NGOs have been empowered to sue polluters, and activist lawyers increasingly participate...
11.03.17

National People’s Congress Alters Accounting Rules in Foreign NGO Law

As part of an ongoing effort to streamline red tape, on October 31 the National People’s Congress Standing Committee struck several provisions from a draft version of the Accounting Law currently under deliberation, which in turn affected the...

When the Law Meets the Party

Ian Johnson
Like an army defeated but undestroyed, China’s decades-long human rights movement keeps reassembling its lines after each disastrous loss, miraculously fielding new forces in the battle against an illiberal state. Each time, foot soldiers and...
08.10.17

New Comparative Analysis from Contributor Elizabeth Plantan

Ph.D. candidate Elizabeth Plantan compares and contrasts Russia’s and China’s foreign NGO-related legislation. Though both laws had a similar set of motivations driving their creation, Plantan shows key differences in the drafting processes as well...

Viewpoint

08.03.17

China’s ‘New Achievements’ in Legal Reform Exist More in Policy than in Practice

Stanley Lubman
It is no coincidence that two days after Liu Xiaobo’s death, Xinhua published an article praising China’s “new achievements in judicial protection of human rights.” The judicial reforms the article mentions have not yet been fully implemented and...

Rethinking the Human Rights Business Model

Edwin Rekosh
Center for Strategic and International Studies

A Statistical Analysis of the Implementation of the ONGO Law

The Beijing Normal University China Philanthropy Research Institute

Why Foreign NGOs Are Struggling with New Chinese Law

Nectar Gan
South China Morning Post

Viewpoint

06.05.17

China Has a New Domestic Violence Law. So Why Are Victims Still Often Unsafe?

Su Lin Han
In rural Hunan province, about two hours from the city of Changsha, a young woman named Zhang Meili married a violent man. According to local police, Zhang had trouble coping with her husband’s strong sexual appetite and he became jealous and...
05.02.17

German Political Foundations May Be Able to Register as NGOs in China

According to German media reports, China’s Ministry of Public Security has determined that five of Germany’s political foundations—Konrad Adenauer Stiftung, Friedrich-Ebert-Stiftung, Heinrich Böll Foundation, Hanns Seidel Foundation, and Rosa...
04.24.17

How to File for a Temporary Activity

In recounting its experiences with the new filing process, the first NGO to successfully register for and carry out a temporary activity stressed that a willingness to educate Chinese partner units was key. Given how new the law is and how uncertain...

Books

04.21.17

A New Deal for China’s Workers?

Cynthia Estlund
China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal?In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers.China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers. —Harvard University Press{chop}

Viewpoint

04.20.17

A Taiwanese Man’s Detention in Guangdong Threatens a Key Pillar of Cross-Straits Relations

Jerome A. Cohen & Yu-Jie Chen
Update: On March 26, China’s Taiwan Affairs Office announced that Taiwanese human rights activist Lee Ming-che had been formally arrested on charges of “subverting state power.” Jerome Cohen has added a new comment to this essay. To skip to that...

China Law Translate (Chinese)

A website that houses the original Chinese text of laws and regulations and crowd-sources unofficial English translations.

Foreign NGO Management Law Legal Services Lawyers’ Group (境外NGO管理法法律服务律师团)

Contact information (in Chinese) for the Foreign NGO Management Law Legal Services Lawyers’ Group, which provides legal consultation and proxy services to foreign NGOs and individuals.

ChinaSource

A resource and support organization for and about the Christian community in China that offers consulting services related to the Foreign NGO Law.

The FNGO Registration Support Program

Contact information for the Foreign NGO Registration Support Program, run by the the Center for Charity Law under the Beijing Normal University China Philanthropy Research Institute (CPRI).

Anthony Spires’ Blog

A blog run by Anthony Spires, Ph.D., that includes the results of survey work done by foreign NGOs in China. Spires is Associate Professor in the Sociology Department at The Chinese University of Hong Kong and a research fellow with the School of...

China Law Translate

A website that houses the original Chinese text of laws and regulations and crowd-sources unofficial English translations.

Council on Foundations

A detailed outline of the laws and regulations pertaining to social organizations in China, produced by a non-profit leadership association of grantmaking foundations and corporations.

NGOs in China blog

A blog about developments in the nongovernmental, non-profit, and charitable sector in China. Run by Shawn Shieh, Ph.D., Deputy Director of the China Labor Bulletin, founder and former Director of English-language operations for China Development...

International Center for Not-for-Profit Law

A comprehensive discussion of the Foreign NGO Law, including related laws and international comparisons, maintained by a U.S.-based non-profit that monitors global legal developments affecting civil society, philanthropy, and public participation.

China Development Brief

A website that provides news and translations related to non-profit work in China, including the Foreign NGO Law.

Managing NGOs in China

Yongshun Cai
China Policy Institute Blog

The Overseas NGO Law and Its Effects on Chinese NGOs’ Contribution to Global Development

Jennifer Y.J. Hsu and Reza Hasmath
China Policy Institute Blog

Building NGO Capacity and Autonomy in China

Shui-Yan Tang
China Policy Institute Blog

Viewpoint

01.31.17

The Origins of China’s New Law on Foreign NGOs

Shawn Shieh
For many years, the vast majority of foreign NGOs operated quietly in China in a legal grey area. Many are unregistered and work in China through local partners, while others are registered as commercial enterprises. That all changed with the...

Uncertainty Over New Chinese Law Rattles Foreign Nonprofits

Chris Buckley
New York Times
A new law in China is raising concern among thousands of nongovernmental organizations about their ability to continue their work in the new year