APPENDIX B
Great Britain—China Centre Legal
Exchange Projects 1998-2000
MINISTRY OF
JUSTICE
Resettlement of offenders
A study visit by the Ministry of Justice will take
place in June 2000 to look at the resettlement of offenders and
related issues.
Funding from GBCC grant-in-aid.
Criminal Court Procedure
A seminar was run in September 1999 at the time
of the Lord Chancellor's visit to Beijing, jointly with the British
Council on the running of a trial and procedure in a criminal
court building on the work of the mock trial, held during British
Law Week. The seminar visited Beijing, Shanghai and Chongqing.
Funding provided by the Human Rights Project
Fund, FCO.
Regulation of foreign law firms
A study visit took place in November 1999 to
look at the regulation of foreign law firms in this country. As
more and more foreign law firms open offices in China the Ministry
is keen to look at different models of regulation. This visit
was run in conjunction with the Law Society of England and Wales.
Funding provided by the Great Britain—China
Centre.
British Law Week
In conjunction with the British Council the
Centre ran a British Law Week to coincide with the visit of the
Prime Minister to Beijing in October 1998, and in particular the
Centre was involved in the running of a mock trial in an English
High Court. Lord Justice Otton led the UK delegation which included
the then Chair of the Bar Council, Heather Hallett, QC, Robert
Seabrook, QC, Philip Havers, QC, Peter Goldsmith, QC, the former
President of the Law Society, Philip Sycamore, a number of academics,
the CPS and commercial law firms. Cherie Booth, QC opened the
mock trial. British Law Week marked the excellent state of legal
exchange between Britain and China and highlighted the opportunities
for much more co-operation in many areas of the justice system.
Funding provided by the Human Rights Project
Fund, FCO.
Professional Ethics
A seminar on professional ethics was held during
British Law Week and visited the centres of Shanghai and Chongqing
as well as Beijing. The UK participants were Philip Sycamore,
Lonsdales, Nick Olley, the College of Law, and Chris Gorman, former
managing partner, Linklaters & Paine. This seminar built on
the visit by the Ministry of Justice on legal education in 1997
and will be followed up by the Law Society and the All China Lawyers
Association with a seminar on practice management.
Funding provided by the Human Rights Project
Fund, FCO.
Visit of Vice-Minister, Mr Zhang Geng
Mr Zhang and his delegation visited Britain
in May 1998 to gain an overall impression of the legal systems
in Britain, to meet Ministers at the Lord Chancellor's Department
and the Home Office, the Law Society and the Bar Council, to visit
a prison and to visit Scotland and understand something of the
differences between the legal systems of Britain and China. Although
an unofficial visit it marked the excellent state of legal relations
between Britain and China.
Funding provided by the Foreign and Commonwealth
Office.
Non-custodial sentencing
A ten-day study visit in March 1998 by the Education
through Labour Bureau of the Ministry of Justice into non-custodial
sentencing. China's re-education through labour system is based
on a law passed in 1957 by the National People's Congress with
further regulations as to implementation issued in 1962 by the
State Council. The Ministry of Justice which is responsible for
this part of the administration of justice had also issued some
supplemental regulations over the intervening period. The Ministry
of Justice recognises that this area of China's justice system
is due for reform and this visit was part of the process of research
and study into alternative approaches.
Funding provided by the Department for International
Development.
SUPREME PEOPLE'S
PROCURATORATE
Anti-corruption measures
A month's visit from January 1998 by eight researchers
from the Supreme People's Procuratorate and the Institute of Procuratorial
Theory made a comparative research into anti-corruption, criminal
evidence and criminal procedure. The group took advantage of the
visit to look at criminal evidence and criminal procedure. The
research brought back from the UK played an instrumental part
in the new anti-corruption code in China and fed into a number
of reports produced by the Supreme People's Procuratorate.
Funding provided by the Department for International
Development.
Treatment of witnesses
A study visit by the Shanghai People's Procuratorate
took place in November 1999 to look at the treatment of witnesses.
This is of particular concern to the Procuratorate after the passing
of the Criminal Procedure Law in 1997 allowed witnesses to appear
in court. The delegation visited England and Scotland.
Funding to be provided by the Human Rights Project
Fund, FCO.
DFID Co-operation Programme.
The aim of this two-year co-operation programme
is to improve the professional quality of Chinese prosecutors
in accordance with the rule of law through a greater understanding
of standards and practices in the UK in both management and policy
in particular areas. The project will be managed by the Centre
and will include a series of study visits, seminars and research
visits starting in January 2000.
The first activity has been a study visit to
the UK by a group from provincial prosecutors training colleges
as well as from the Supreme People's Procurate in January 2000
on training as it relates to the prosecution of justice. There
will be visits on the prevention of corruption, openness and transparency
in prosecution, and the management and personnel system of the
prosecution service. There will also be a seminar in China on
crime prevention.
SUPREME PEOPLE'S
COURT
Judicial Studies Programme
The GBCC is project managing a five-year training
programme which started in September 1998 for six judges a year
from China's Supreme People's Court. The judges visit Britain
for 10 months and concentrate on a particular topic of law each
year. The first year's topic was maritime law. The programme is
a combination of academic study and practical placements supported
by English language training at the start of each year. This year's
study focuses on financial market regulation and the judges will
also sit for an MA in International Law at the University of London
(SOAS).
Funding provided by the Department for International
Development.
OTHER EXCHANGES
ON LAW
Freedom of expression and media law
The GBCC will work with the Institute of Law, Chinese
Academy of Social Sciences to run a research project on freedom
of expression and media law. The objective of the research is
to promote the right to free expression by developing a Chinese
communications law in association with the rule of law. This research
will start in financial year 2000-01.
Funding by the Human Rights Project Fund.
Rights of the child in court
The GBCC is running a seminar with the East
China University of Politics and Law on the protection of the
rights of the child in the justice system March 2000 in Shanghai.
Four British experts in the field of juvenile justice, plus representatives
of Save the Children Fund (UK) presented papers and held a participatory
workshop which highlighted the different approaches in our systems.
The seminar established the ground for further co-operation in
both policy and practice in China's juvenile justice system.
Funded by the Human Rights Project Fund.
Financial market regulation
The China Law Society made a study visit in
May 1999 to look at the regulations and law governing financial
market activities. The Executive Vice-President, Mr She Mengxiao,
of the China Law Society led a delegation of six and visited amongst
others the Stock Exchange, the Financial Services Authority, the
Law Society, law firms and an investment firm in Edinburgh. This
project was funded by GBCC.
Media law and ethics
A group of Chinese journalists and editors organised
by the Centre for Media and Communication Law Studies, Chinese
Academy of Social Sciences spent a month at Nottingham Trent University
research media law and ethics during February 1999. This project
was supported by the FCO's Human Rights Project Fund.
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