ICC Note:

What small line of defense that remained for persecuted Christians in China has effectively been dismantled. Directives Number 133 and 134 require lawyers to support the Chinese government, and prohibits them from expressing an opinion contrary to the political system or contributing in any way to demonstrations. The directive specifically mentions that lawyers are prohibited from “denying the nature of cults when the state has already determined them as such,” a statement which doubtless will be applied to the underground church movement. Although this directive is merely an expansion of China’s strong crackdown against the underground church, it is one of the most disconcerting moves the state has made. It silences the lawyers that defend Christians in court and could make lawyers the accused should they try to defend them. 

10/27/2016 China (Human Rights Watch) – The Chinese Ministry of Justice’s revisions to two directives on law firms and lawyers will further undermine the independence of lawyers and the rule of law in China, Human Rights Watch said today. The amendments, effective November 1, 2016, are part of the government’s campaign since July 2015 to harass and jail China’s most outspoken lawyers.

“The new Justice Ministry rules basically tell human rights lawyers that their successful legal tactics are now prohibited,” said Sophie Richardson, China director at Human Rights Watch. “People’s rights can’t be robustly defended when their lawyers can’t draw attention to, or even publicly discuss, their cases.”

The new Management Methods on Law Firms (律师事务所管理办法, MoJ Directive No. 133) and Management Methods on Lawyers (律师执业管理办法, MoJ Directive No. 134) explicitly require lawyers and law firms to “support the leadership of the Chinese Communist Party,” and to establish Party branches in law firms. Lawyers are prohibited from expressing opinions that “reject the fundamental political system” of China or may “endanger national security.”

The amended directives also impose vague and overbroad restrictions on all lawyers’ right to freedom of expression. Lawyers will now be prohibited from “inciting” or “organizing” their clients and others to participate in sit-ins or demonstrations that “disturb public order” or otherwise put pressure on the authorities, even if those gatherings are peaceful. Lawyers may not make “misleading” or “malicious” comments about any cases, publish or sign joint letters, or gather “virtually” or in person to “attack or slander” the judicial system. Lawyers are barred from “gathering crowds to make a fuss,” insulting judicial officers, “denying the nature of cults when the state has already determined them as such,” or other behaviors that “disturb court order.” They also cannot use the internet and the media to “provoke discontent against the Party and the state” or “instigate” people to file lawsuits to “destabilize social stability.” Article 35 of China’s Constitution protects the right of freedom of expression.

…