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A response to 'Update on crosses in China'

The Chinese government should be held to the same standards as other countries
A response to 'Update on crosses in China'

Chinese Catholics pray in front of statutes in Wenzhou Diocese, Zhejiang province. The coastal province has witnessed a two-year campaign by the state to tear down crosses and even churches. (Photo supplied)

Published: July 07, 2016 07:38 AM GMT
Updated: July 07, 2016 07:41 AM GMT

I am absolutely unqualified to challenge Michel Chambon's expertise on his academic research into religious development in China. However if we do not make clear certain concepts and principles in the process of research in this discipline, I don't think I could easily accept the author's arguments in his article "Update on crosses in China."

For example, the author stated that "recognized religions including their registered and unregistered groups in China enjoy some degree of freedom, which deserves to be acknowledged." But how much freedom are we talking about here? As a legal practitioner, I think the universal understanding on fundamental rights is more acceptable to me.

In other words, unless the government has a reasonable and legitimate aim, the fundamental right of people should not be limited or deprived of. And if the government must limit or diminish their rights, the measures taken must be proportionate, clear and consistent in accordance with the laws. They should also be implemented in due process.

Freedom of religious belief, freedom of association and the rights of the church community to be free from unreasonable intrusion are a part of these fundamental rights.

Given this, my understanding is perhaps entirely different with the author. I don't think "some degree of freedom" of the church organizations should rest on the "protection" and "support" granted by the Chinese communist government.

On the contrary, I think the government has the responsibility to provide justifications and a legal basis for its intentions to limit or even deprive religious organizations. On this basis I include the issue relating to the removal of crosses as seen in the coastal province of Zhejiang.

The author mentioned how many crosses are still preserved. Yet, he also said that whether the remaining crosses will or will not be removed "little is certain" and that only some of the crosses are demolished in some street districts. It evidently reveals that the government's actions are arbitrary without any standard. In such manner, it is very difficult to be considered as granting religious organizations "freedom."

The author argued that the demolition of crosses and churches does not necessarily mean persecution in the Chinese context. But what is the justification of the government to remove crosses in the first place?

A responsible government could not justify the action of demolishing crosses (or why does it need to replace a cross with "a banner printed with a red cross?") only based on the reasons of "rapid development," "other religious venues are also targeted" or "to match up with the government's own interest."

It should not be the author to account for the authorities but the religious affairs department and the provincial government of Zhejiang to give the explanation. They should provide an explanation that is in accordance with the constitution, human rights, property rights, as well as laws and regulations.

It should not be forgotten that lawyer Zhang Kai, who represented a number of Protestant churches and took their cases to court, was detained and, as many suspect, gave a forced TV confession where he admitted that he disturbed the "social order" and other supposed "crimes."

The author also called on the media not to demonize the communist government. I would think it would be fairer and more reasonable to say that the explanations from the Chinese government are hardly sufficient so far.

It should be acknowledged that the People's Republic of China has signed the "International Covenant on Civil and Political Rights" and Communist Party leaders constantly talk about the "rule of law". We absolutely have the right to follow the same standard applicable to other countries to examine the acts of the Chinese government.

Charles Tsang is a Catholic lawyer in Hong Kong.

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