Memorandum submitted by The Great Britain—China
Centre
BACKGROUND
1.1 The Great Britain—China Centre
(GBCC) was set up in 1974 following "The Genius of China"
archaeological exhibition, held at the Royal Academy in 1973,
which was jointly organised by the Great Britain—China Committee
and Times Newspapers. The proceeds from the exhibition were donated
by Times Newspapers to establish the Centre and the British Government
agreed to support the Centre with an annual grant-in-aid.
1.2 The GBCC is a non-departmental public
body which works, in an unofficial capacity, to foster and develop
relations between the United Kingdom and the People's Republic
of China and to promote mutual knowledge and understanding. In
particular, it aims to promote understanding in China of British
policies, practices, culture and institutions and to build up
long-term connections between decision-makers in the two countries.
Its principal activities are the exchange programme with China
and its information and advisory services.
1.3 The GBCC is registered as a company
limited by guarantee and is governed by its Executive Committee.
The Committee is chaired by David Brewer and includes four Members
of Parliament as well as nominee members from the FCO and the
British Council (see Appendix A). The Centre has a full-time staff
of four plus two part-time members (accountant and librarian).
All full-time members of staff have experience of living in China
and speak mandarin Chinese.
1.4 The GBCC's work is funded by grant-in-aid,
project grants, membership subscription and income from its foundation
and advisory services. The Centre had a total income for 1999-2000
of £776,693 of which grant-in-aid was £275,000.
1.5 The GBCC administers the Great Britain—China
Educational Trust, which was also set up in 1974, and which awards
grants to students from the People's Republic of China on examined
postgraduate courses in Britain.
1.6 As from January 2000 the GBCC is also
providing the secretariat for the UK—China Forum. The Forum
is an organisation of senior British and Chinese individuals from
the worlds of politics, business, law, academia, the media and
arts. It is chaired on the UK side by the Rt Hon Michael Heseltine
CH MP, and on the Chinese side by Dr Song Jian. It was launched
in 1998 by Tony Blair and Zhu Rongji and had its first meeting
in London last October, opened by President Jiang Zemin and Tony
Blair. Its purpose is to deepen and enhance the bilateral relationship
between Britain and China and to develop common ground particularly
in the areas of industry, finance, law, the environment, education,
media and culture. The next meeting will take place in October
in Beijing.
EXCHANGE PROGRAMME
2.1 The GBCC Exchange Programme aims to
promote understanding in China of British policies, practices,
culture and institutions particularly in the following sectors;
legal administration and criminal justice; economic reform; public
administration and social reform; arts and media; and environment.
China's transition from central planning to
a more market-based economy has important socio-political and
policy implications. Sustainable development over the next decade
depends on China successfully addressing these issues both at
the governmental and non-governmental level. The GBCC draws upon
British experience and expertise to help Chinese institutions
with the development of policy and practice.
2.2 The length of the relationship and the
degree of trust that has built up over the years with a number
of key Chinese partners gives the GBCC a unique standing. As an
organisation independent of government it has been, at times,
easier for the GBCC to organise visits and maintain relations
than for official representation. Whilst bilateral relations are
very strong at the moment, it is still the case that some partners
are happier to arrange a programme with the GBCC than directly
with government departments. A recent example of this is the work
we have been doing with the All China Federation of Trade Unions
and the China Labour College, the affiliated training institution.
LEGAL ADMINISTRATION
AND CRIMINAL
JUSTICE
2.3 The GBCC has increasingly concentrated
its exchange programme activities in the area of legal exchange.
In 1998 the FCO approved an increase in grant-in-aid of £20,000
to cover an additional member of staff on the grounds that the
GBCC would position itself as a centre of excellence for the running
of good governance projects. At the same time it seeks to co-ordinate
its efforts with others working in this area, namely the British
Council and the China Law Council (the joint working party of
the Law Society and Bar Council on China).
The GBCC organises the meeting of the UK-China
Legal Exchange Group chaired by Sir Philip Otton. This group pulls
together the different interests and partners with China in the
area of legal exchange, and seeks to act as a point of information
for what is going on, and where practicable combine efforts to
enhance the exchange. A recent example of this was the opportunity
offered by the visit of the Chinese Minister of Justice in April
to run a seminar on the significant and role of the rule of law.
A number of very senior representatives of the English legal profession
spoke at the seminar which emphasised the importance the UK side
attaches to the bilateral relationship in the area of legal exchange.
The seminar was successful because of the co-ordinated approach
taken in organising it by the GBCC, the British Council and the
Law Society.
2.4 The GBCC has long-standing relationships
with the three key judicial organs in China, the Supreme People's
Court, the Supreme People's Procuratorate and the Ministry of
Justice. In the case of the Ministry of Justice this relationship
goes back to 1993 at a time when discussions in this area were
still sensitive. Recent exchanges with these partners are listed
in Appendix B.
ECONOMIC REFORM
2.5 The principal focus of work recently
has been with the Ministry of Labour and Social Security on the
drafting of new legislation for the establishment of a comprehensive
social security system. The GBCC is the Ministry's key partner
in the UK, and although the scale of the individual exchanges
has been small, the Ministry is at pains to emphasise the vital
contribution the seminars and research has made to their ambitious
drafting plan. A summary of activities is attached at Appendix
C.
2.6 The Centre responded to the Chinese
government's pledges to tackle the issue of inefficient state-owned
enterprises (SOEs) by running a two-day seminar on commercialisation
at the time of the Prime Minister's visit to China in October
1998. The seminar was funded by DFID and the Department for Trade
and Industry. The purpose of the seminar was to highlight British
experience and to contribute to Chinese current thinking on economic
reform. The Centre is pleased that this seminar contributed to
the drive for DFID's enterprise reform programme.
INFORMATION AND
ADVISORY SERVICES
3.1 The Information and Advisory Service
aims to promote within Britain interest in developing contacts
with China, through information services (including publications)
briefings and a lecture programme, and to provide information
and advice to British individuals, companies and other organisations
who are working to develop closer relations with China. Whilst
only taking up less than ten per cent of Centre expenditure nonetheless
information and advice on China are key priorities for the GBCC.
The Centre is committed to promoting a fair and balanced view
of events and developments in China.
3.2 The GBCC aims to be the focus for up-to-date
information on China and Sino-British relations, and on being
able to interpret that information to a non-specialist audience.
Those seeking information include television, radio and print
journalists, local government, arts organisations, schools, universities,
professional bodies, commercial companies, voluntary organisation
and the general public.
3.3 The Centre publishes China Review
three times a year with features and analysis of developments
in China. GBCC also publishes a Directory of British Organisations
with a China Interest. The GBCC has the largest public access
library on contemporary China in Britain.
THE ROLE
AND POLICIES
OF THE
FCO IN RELATION
TO CHINA
4.1 The GBCC has been very successful, in
the last two years in particular, in increasing funding for activities
in its exchange programme from sources outside the core grant-in-aid.
However the nature of the Centre's exchange projects means that
support is most likely to come from other sources of public funds,
the Department for International Development, the FCO Human Rights
Project Fund and on a wider scale from the European Commission.
This is particularly the case for projects in the area of legal
and judicial co-operation. In spite of the increase in funding
from other sources it still remains the case that without the
guarantee of core funding from the FCO the GBCC's future would
be severely challenged. The GBCC recognises this and is extremely
grateful for the continued financial support.
4.2 Support is not just financial and the
GBCC has a good working relationship with the British Embassy
in Beijing, and to a lesser extent with the other posts in China.
The GBCC is able to ask for assistance with liaison with Chinese
partners from the British Embassy, and for active participation
in a number of its activities held in China. The Embassy's support
is also of enormous value in maintaining and heightening awareness
of the Centre's work.
4.3 Through our work in the area of legal
and judicial reform, much of which has been directly funded by
the FCO through the Human Rights Project Fund, it has become quite
clear that the UK has the potential to make an enormous contribution
to China's development of the rule of law. The GBCC has built
up, through its very many exchanges, very strong relationships
with key partners in the legal and judicial field. These relationships
are not easily forged particularly when dealing with such sensitive
issues as freedom of expression and employment rights. It is very
much hoped that, through the support of public funding, these
relationships can be further developed and built upon so that
the door to frank and searching dialogue can be pushed even more
widely open.
4.4 At present the quality of exchange in
this area is very high and the exchange takes place at a range
of levels and in a range of ways: academic research, high-profile
seminars and visits, training programmes, focused study visits.
The principal organisers of these exchanges work hard to co-ordinate
and communicate what they are doing and to keep in touch with
the providers of expertise, that is the legal profession in the
UK including solicitors, barristers, judges and the various departments
such as the Lord Chancellor's Department and the Home Office.
4.5 The Ministry of Justice told the Centre
that the UK is its foremost overseas partner. The only foreign
government-funded training programme with the Supreme People's
Court is the Department for International Development's judicial
studies training project. These are extremely valuable and possibly
unique relationships that the UK could build on further at a time
when China is in the process of transition, when China is concerned
to meet the requirements of having signed the UN International
Covenant on Economic, Social and Cultural Rights and the UN International
Covenant on Civil and Political Rights, and when China will need
to provide transparent and clear rules and regulations for commerce
as part of its membership in the WTO. The debate, and the quality
of debate, that is going on in China amongst officials, academics
and politicians as to the extent of change is impressive. There
is a real opportunity to inform that debate with further exchange.
4.6 Britain is seen by China as having one
of the oldest and most respected legal systems in the world. The
Centre is told repeatedly by its Chinese partners that they would
like to see a lot more exchange with Britain in the area of good
governance, covering not only the administration of justice but
also in such areas as clean government and the training of civil
servants.
4.7 Nor should the potential for exchange
in the area of commercial law be overlooked. Good workable commercial
law and the raising of standards and professional ethics among
lawyers are inextricably linked to improvements in the running
of a legal system generally. This is particularly true in China
where the distinction between criminal and civil lawyers is not
as distinct as in Britain. It is unrealistic to expect British
commercial interests can support this alone. As it is the Centre
believes the contribution of the private sector in terms of time
and expertise given free of charge should not be underestimated.
4.8 Britain has the edge here at the moment
having trained, in Chinese words, the backbone of China's lawyers
through the practical training scheme (originally funded by the
Department for International Development and now taken on by the
Lord Chancellor's Department). On the whole the British approach
in legal exchange has been one of dialogue and mutual understanding
which the Chinese have appreciated. There now exists a strong
degree of trust between a number of Chinese partners and key individuals
in Britain's legal profession.
4.9 The Centre believes there should be
some form of umbrella funding on a significant scale which can
embrace a number of the existing schemes and extend the range
and depth of this exchange to the extent that Britain will have
the single largest impact on China's evolving law and practice
not only in the area of commercial and civil law but also in the
areas of criminal and administrative law.
4.10 At present the FCO's funding levels
cannot provide for this. The Centre recommends that there is a
co-ordinated initiative between the FCO and the Department for
International Development to increase significantly activities
in this area of good governance.
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