THE LEGAL TIME BOMB OF URBAN REDEVELOPMENT

BY LIU QING

Urban redevelopment in ’s major cities Residents of redeveloped neighborhoods sometimes has led to the forced relocation of countless find that government officials have a personal stake in the redevelopment project that makes them unsympa- families, many under highly disadvantaged thetic to complaints. circumstances. Liu Qing observes how In discontent over urban redevelopment proj- chronic discontent over these clearance ects has come to a head with large groups of displaced resi- dents staging protests and attempting to petition central projects demonstrates the inadequacy of authorities in Beijing. legislation in the face of deficient enforce- In early March this year, a group of 45 people, including Wang Mingqing and Sun Dongming, was prevented from ment and implementation. petitioning Beijing authorities with their grievances over the terms and compensation offered to them in the redevelop- China has clear regulations regarding use and ownership of ment of their neighborhoods. property through its constitution, civil code, urban real The group represented only a small proportion of the estate management law and other relevant laws. However, as people protesting clearance terms.The conflict with develop- top Chinese lawyer Gao Zhisheng pointed out in a recent ers and local officials had already been simmering for interview with the China Economic Times, officials at all levels of some time without a mutually acceptable resolution, and the bureaucracy routinely operate as if these laws don’t exist. many people had been warned or placed under tight surveil- In theory,transactions of sale, lease or urban clearance lance.The timing of this petition attempt was particularly should allow individuals and real estate developers to deal sensitive because of meetings held in Beijing by the National with each other on an equal basis. But in reality,Gao said, People’s Congress and the Chinese People’s Political individuals are at a considerable disadvantage compared with Consultative Conference. corporations, and in forced clearance situations it is rare for In an attempt to circumvent heightened security meas- an individual to be compensated with a home equal in size ures, the petitioners split into several small groups and trav- or value to the one he is losing. eled to Beijing separately,then gathered together upon their Discontent over neighborhood redevelopment is a arrival on March 6.The petitioners proceeded to the State chronic problem in China, with complaints typically Letters and Visits Department of China’s State Council, but falling into five categories: officials there would not accept their petition, so they moved 1. Economic inequity.Residents claim that compensation on to the China Construction Department.There they were for their homes is inadequate and not in conformance greeted by a large contingent of plain-clothes police officers with stated policy. and an official from the Shanghai municipal petitions office, 2. Forcible execution. Residents feel they are offered no who had apparently anticipated their arrival. chance to negotiate with developers before being The petitioners were warned not to “stir up trouble” dur- evicted from their homes, and are sometimes left ing the NPC and CPPCC meetings, then were surrounded and homeless because of inadequate compensation. forced onto two buses, which delivered them to the Beijing 3. Personal oppression. Residents who refuse to leave train station in time for the 8:00 train back to Shanghai. their homes prior to clearance are often subjected to Police officers loaded the petitioners into one carriage and oppressive tactics such as extended detentions. guarded the exits at each end for the duration of the journey, 4. No means of appeal. Government officials and courts prohibiting the petitioners from walking around or getting seldom pay heed to residents appealing decisions to anything to eat.After the train arrived back in Shanghai at clear their neighborhoods. 10:00 the next morning, Shanghai public security police and 5. Government officials in league with developers. housing relocation officials escorted the protesters home, their traintickets. and arrested Butalmostimmediately police to Beijingfor 17. April tickets purchased includingKangXiuzhen, several ofthem, went totheShanghaitrainstation and at therebuff, angry More than30representatives, tives up. whohadturned the lastminute andsentpolice todispersetherepresenta- Butonthat day officials cancelledthemeetingat 14. April w that municipal andpromised officials inwriting tives, f toward offthepossibilityofphysicalthe cemetery conflict. whocalled300policeofficers to tension amongtheofficials, A homescheduledfordemolitioninaShanghairedevelopment zone.Photo:Reuters. encountercausedconsiderable a clearanceoperation.The in rights ofpersonalandproperty breaches to discussserious forcemetery theQingMingFestival andrequested ameeting activitiesat a memorial during ChenLiangyu, Secretary, andtheMunicipalParty HanZheng, Shanghai Mayor, including Ai Furong and approached the Wang Huifang, pressure by theirown methods. ab doubtfulofanaccept- Buttheprotesters, as soonpossible. views andpromised toresolve theproblem the petitioners’ listenedto ChaiJunyong, Shanghai municipal government, anddetainedovernight. was arrested Shizhen, c orward toacceptapetitionfrom theresident representa- iigte l h a.tlatoepttoe,Huang hiding themalltheway.At leastonepetitioner, ould meetwiththerepresentatives of ontheafternoon eotoeatrporce icsin,continued toexert le outcomeafterprotracted discussions, ial hiJnog h euyGnrlSceay came DeputyGeneralSecretary, the Finally ChaiJunyong, On 5representativesApril ofmore than300households, ofthe thedeputygeneralsecretary That afternoon detained therepresentatives andconfiscated ig(a ig,wowshlighrmte,MoZhujie, whowas helpinghermother, Ting (Sam Ting), timely accesstofood anddrink. we includingelderly women, said that someofthe detainees, we boarding thetrainfor Beijing. officers at theShanghaitrainstation andprevented from prospective petitionerswere metby alarge number ofpolice cell phoneandtoldthemnottoexpecthimhomethat night. Zheng managed totelephone hisfamilytester, Wanfeng, onhis we protesters arrested dispersed from thesceneby police.The later were Protesters whoarrived loaded themintotwo buses. P torship iseven more terrible.” but dicta- and “SARS isterrible, is even more frightening,” but forced removal “SARSisfrightening, as, ing sloganssuch gathered at andbeganshout- 2:30that afternoon Qiaojuan, SunDongmingand Wang LiJianyong, Zhang Gongyuan, (SARS) epidemic. v onlarge topre- restrictions gatherings protesters ignoring with132 Municipal Government offices onKangPingRoad, ent thespread oftheSevere SyndromeAcute Respiratory lc eldofteae,rounded uptheprotesters and olice sealedoffthearea, re re re mn h eane a ogKn eiet Shen Among thedetaineeswas aHongKong resident, oeo h rtseswr onrlae,but at least80 Some oftheprotesters were soonreleased, agroup ofmore than150 onMay 20, Later inthemonth, fe bu afa or more than200Public Security After about halfanhour, including Chen ChenBaoliang, Wanying, The protesters, May 1brought apublic protest infront oftheShanghai

ett oiesain n1 ifrn itit.Onepro- sent topolicestations in14different districts. f eanda oiesain hogottect.Sources detained at policestations throughout thecity. orced to stand for extended periods and deprived of anddeprived orced tostandfor extendedperiods

ON THE GROUND 69 CHINA RIGHTS FORUM NO.2, 2003 resolve difficulties arising from the destruction of her home Voices of the Dispossessed in a clearance operation. Other detained protesters included Song Adu,Yao Xueying, Chen Xiuqin, Min Daohua, Jiang Following are testimonies of two families displaced in urban redevelopment Baozhen,Yu Xuefeng, Chen Wanfeng,Wang Qiaojuan and projects in Shanghai. Zhang Jungen. The persistence of these protesters is easier to understand when considering the ways in which their rights have been My name is Song Adu. I am seventy years old, and I lived in abused, sometimes even to the point of injury or death. a home on Zhong Shan Road West in Shanghai’s Xuhui For example, the home occupied for several generations District before the neighborhood was cleared. by Sun Meizhen’s family measured 140 square meters (about In the 20-odd years since China embarked on its ope- 1260 square feet), but the real estate company redeveloping ness policies, the people’s living standards have continued the neighborhood only agreed to compensate the family for to improve. But even today,under the rule of law,President a 30 square meter unit. ’s “three represents” policy and constitutional Other examples related by the lawyer Gao Zhisheng to the law,here in the great international city of Shanghai some China Economic Times include Liu Fengchi, a descendent of the local officials in collusion with corrupt elements suppress Qing Dynasty emperors and an army veteran who was the basic requests of the ordinary people and deprive them injured in battle, who had lost all but one of 138 residential of their human rights. units he owned in the redevelopment of Chongwen District. In 2001 the Real Estate Management Department of Li Changhua, also a resident of Chongwen District, had his organized a relocation committee for the electricity and water supply cut off when he refused to stated purpose of clearing a squatter area and redeveloping move, and finally the demolition crew simply tied him up the land.The State Construction Department had and carried him away.About 100,000 yuan in cash that Li announced that starting on November 1, 2001 it would had been keeping at home disappeared along with other provide compensation for redeveloped property based on belongings, and his electrical appliances were destroyed. In the current market value, but the Shanghai municipal gov- Min’an Hutong in Beijing’s Dongcheng District, residents ernment began forcibly clearing districts before this policy said the developer never signed any kind of agreement with was implemented. Officials threatened that if I didn’t go them or provided them with any other kind of documenta- along with their demands they would forcibly evict me. I tion before razing their homes to the ground. disagreed with their assessment, because my property had Clearance operations have been blamed for the death or an area of more than 300 square meters, but they assessed serious injury of a number of householders in Shanghai, it at only 246 square meters. including the following: I am a person of humble background, and I have – Ma Yufen of Shenyang Road, Lane 132, #2, drowned worked hard all my life. In the 1980s the State Land herself in the river after being forcibly removed from Department is-sued me an occupancy permit to build a her property. house on this land.At that time I borrowed a large sum of – Sun Jiafu of 233 Meizhou Road committed suicide two money from friends and relatives, and under very difficult days after being forcibly removed from his property. circumstances managed to build a home in which to spend – Liu Guilan of Shenyang Road, Lane 60, #53, suffered a my twilight years.Through frugal living I eventually paid heart attack and died soon after being forced from his off all my debts and expected to live out my remaining property. years in peace. But certain officials of Xuhui District had – She Youlong of Hangzhou Road, Lane 23, #19, likewise something else in mind. succumbed to illness soon after being forcibly removed At 3:00 in the morning on August 22, 2002, as I lay from his home. sound asleep, several unidentified persons burst into my – Ding Guozhang of 215 Meizhou Road also died soon home and with fascist methods bound, gagged and beat after removal. me. My son, who was visiting me at the time, was coerced – Dai Xiaodi of 27 Renmin Road died as a result of his into confessing to arson. Ultimately the authorities were forced removal. His daughter, Dai Yuying went to unable to make the charge stand, and it was changed to Beijing many times to petition over this tragedy,only to “obstructing a public official,” for which my son was sen- be detained and sent back to Shanghai. Finally she was tenced to one year in prison.After my son’s trial officials sent to a reeducation through labor camp. came to me repeatedly and said that if I signed a paper – A man surnamed Wang, residing at Lane 474, 5 West agreeing to the destruction of my home they would release Beijing Road, was severely beaten when he refused to my son. My health deteriorated under the pressure, and I leave his home during a clearance operation. developed arteriosclerosis. – In Debao Yicun in Shanghai’s Jing’an District clearance They leveled the house that I built with my own hands. workers pushed an unemployed worker, Chen Genbao, I have no home to return to, my son is in prison, and my down the stairs on the third floor of his building on family and friends have been sent into a deep depression. I December 20, 2002. He was taken to the hospital, but because he was unable to provide a cash deposit he did authorities haveauthorities failed to provide afair assessment board; the compensation, indetermining process; lic hearing have authorities the failedtions ofthecity, toprovide apub- “Inplanningtheredevelopment ofpor- society ingeneral: toimpress onemessageopportunity and ontheauthorities license topracticelaw himasatroublemaker. andblacklisted andfinally officials cancelledhis single casefor hisclients, Zhengwas unable towina ances for urban redevelopment. r who has The mostwell-known exampleisZhengEnchong, f their casesacceptedfor trial. w r becauseofthe Gaosaid, the relevant laws asmostlawyers, Although many oftheclearancevictimsare aswell-versed in tourbanredevelopment.holders wholosetheirproperty legal systemisunable ofhouse- toprotect thelegalrights Gaobelieves China’san agreement signedby bothparties. becausethey have taken placewithout Gaosaid, been illegal, Mostevictions sofar havesigning anagreement todoso. only whenanoccupanthasrefused tovacate after aproperty Economic Times Lawyer GaoZhishengtoldthe oflegalrecourse. lack and forcibly relocated families elsewhere inChinaistheir death issues?” sowhowants tothinkabout life and home andproperty, “I’m notafraidofSARS.We’re about ofour tobedeprived company XieGuangfi toldreporter of accept thesituation easily.As anemployee ofasoftware homes andsometimeseven physical ifthey injury donot asthey oftheir face thedestruction many ofthesefamilies, ZhouGuixiangand WangZhou Jinshan, Zhongbao. SunJiahong, ZhouJianping, ZhangShihua, Zhang Zhiping, clearancesare ChenXiangshan, guardsduring and security mle,only tobepenalized themselves ways. invarious amilies, epresented more than500families involved inforced clear- plaintiffhas notone such ealities ofChina’s legalsystem, on a case in court and the vast majority have andthevaston acaseincourt majority noteven had vnatrlsn i a rcie Zhenghastaken every Even afterlosinghislaw practice, A few lawyers have beenwilling torepresent relocated oftheShanghaiprotestersExacerbating thefrustrations The ongoingpanicover SARSseemsasmallmatter to whohasattempted topetitionBeijing – ChenHuafang, andhasnow been – LiJianyong was detainedfor 14days, sellerat a ticket apublic com transport – QianGuining, Still otherprotesters have beentaken intocustody: Among dozensofothersseverely beaten by policeofficers ever her officers herhomeandmonitoring surrounding hashaddozensofpolice officials more thantentimes, put under24-hoursurveillance. intheMaytook part 1protest onherbehalf. Herfamily cation through labor campfor three years. f Notonly didshenotreceive any satisfaction petition. and went toBeijingmore thantentimesto District, was forciblypany, removed from herhomeinLuwan May 1protest. Chen’s family inthe Outraged tookpart at theinjustice, andtwo days later hedied. not receive adequate care, or her complaint, she was arrested andsenttoareedu shewas arrested or hercomplaint, y move. that Chineselaw allows for forced evictions China EconomicJournal China , xeine ra elo ani e ie Icanonly ask, agreat dealofpaininherlife. experienced Zhao Shixing’s wife isnow more than80years oldandhas from theirhomeandleftwithnoroof over theirheads. f r itishardtobelieve that intoday’s allthis, Revolution.After hold onto99DuolunRoadthrough theCultural it was only withgreat difficulty that thefamily managed to was sentaway for reeducation through laborShixing, and but in1958my husband’s Zhao father, Duolun Road, thefamily Originally alsoowned at property 93 house. generations ofthefamily toiledtobuild andpreserve this Four lived intheirfreestanding housefor nearly 100years. Myhusband’s Zhao, surnamed family, Hongkau District. preservation area isahistorical of Shanghai’s which Road, My nameis andmy homeisat 99Duolun Yang Meigui, becomingafashion. Xuhui”is Hai Road)inXujiahuirepresents themaincenterindistrict.“To live in ov being developed inXuhui.The area stillhasmany beautiful oldvillasleft thatdevelopment outwithmany hasborn luxuriousvillasandapartments hastraditionally beenanupperclasslivingarea andrecent tions.Xuhui thehighestconcentration ofculturaldistricts,but andscientificinstitu- v home toShanghaiJiao Tong University,known asoneofthefour eliteuni- livingareasXuhui Districtisoneofthemostprestigious ofthecityandis districts_en.asp): (http://www.shiningproperty.com/ Shining Property From the Web siteofaShanghaireal estate company, the people. and objectively address theproblem ofofficials oppressing the 16thParty Congress willbewillingandable tojustly Ihopethatthrough thenew thelaw, leadershipunder and they more about learn how toprotect themselves r have kept my andIhave sonincustody, beenunable to tices officials have meofmy deprived topetitionand right being allowed toeat theirabusive orsleep.Through prac- police stations for two orthree days at atimewithout b r but elementspetitioningis intheeyes ofcorrupt cials, of every citizentoexpress complaintstotherelevant offi- measthefatherthe officials derided ofacriminal. But these matters toallrelevant government departments. in2001Ibeganreporting difficult for people, ordinary the nation’s laws asachild’s gamehasmadelegalrecourse f plating thissituation. can only despairfor ourcountry’s future whencontem- ml,icuigm o,Za axag couldbedriven ZhaoHanxiang, includingmyamily, son, ied the atmosphere for all of society, and theirtreatment and ied theatmosphere of for allofsociety, ersities of China.Xuhui hasthelowest population densityofdowntown ersities ofChina.Xuhui esolve my relocation problem. egarded ascausingtrouble andthepetitionerisjustarab- ule of law era, the children and grandchildren oftheZhao andgrandchildren thechildren ule oflaw era, le-rouser. I was arrested several was I arrested timesanddetainedat le-rouser. er fromcolonialdays.The convergence of5mainroads(includingHuai As thepeople’s knowledge oflaw ofthe rule increases, The laws andconstitutionguaranteethesacred right individualshasputre- ofcertain Because thecorruption

ON THE GROUND 71 CHINA RIGHTS FORUM NO.2, 2003 what has happened to the idea of “living peacefully and when disputes have arisen in negotiations over clearance, there working happily”? Where is the law? has been no just, objective and independent judicial recourse. Through unreasonable policies a few people have been As a result the problems arising from neighborhood clearance able to break our country’s law and demolish most of the have not had any effective legal solution.Administrative prob- buildings and environment of the historical preservation lems have become social problems, and in some cases have area in Duolun Road The Zhao family resisted their even become political problems.” unlawful actions and went to court many times, only to As a first step in addressing the chronic problems attached be defeated, because the others had legal documentation, to urban redevelopment projects, Zheng Enchong advocates they had the necessary official stamps, they had demo- amending Article 10 of China’s Constitution to take into lition permits. account the interests of residential property owners. For the sake of widening a roadway,a large number of In the meantime it appears that householders from redevel- buildings had to be demolished. Is the focus now on oped neighborhoods will continue to brave SARS and arrest to preservation or demolition? The legal dispute over Duolun fight for their rights, not because they don’t know better, but Road reflects another problem: Duolun Road was changed because in their desperation they feel they have no choice. into Cultural Street. Isn’t the destruction of most of its China has many more such disregarded people whose buildings and environment in conflict with the law? rights have been violated to such an extent that social unrest is Shanghai is a great international metropolis, and a city’s inevitable.The causes of discontent are rooted in the official urban planning has to be understood and supported by all system.While there is hope that the authorities might be able of its residents. Shanghai’s 11 historical preservation dis- to work out an equitable resolution with protesters in individ- tricts have been protected by local residents for several ual situations, no long-term solution will be possible until the generations. It should not be possible for a few people to authorities address the systemic flaws that put developers at destroy this in a matter of a few days.This is a crime against such an unfair advantage over individual householders. the preservation efforts of all residents. In particular the government needs to ensure that laws At present 99 Duolun remains standing in its original applying to redevelopment projects are executed thoroughly spot. But a certain official of Hongkau District, for the sake and fairly,and to make revisions in laws and procedures where of his personal policies, has shown contempt for the law necessary.That is the only way to permanently defuse the time throughout the court system, especially in the Shanghai bomb ticking below Shanghai’s surface. Municipal Supreme Court, and has placed his own power higher than that of the constitution. Such officials drive us Translated by Stacy Mosher property owners out to wander homeless.They have taken away all of our property,and we don’t even have any tears left to cry. Postscript: On May 28,2003 Shanghai’s Jing’an District People’s Court began hearing a From the Web site of China Radio International lawsuit by Shen Junsheng,Ma Kangyi,Zhou Daye,Wei Qin,Ding Jundi and (www.cri.com.cn/english/2002/Jul/65260.htm): Zhang Yulan representing 2,159 original residents of a property in West Beijing Cultural Street,a typical Shanghai lane about half a kilometer long, Road.The plaintiffs claim that Jing’an officials improperly allowed a company is located in the northern part of this famous East Chinese city.Many controlled by a wealthy businessman,Zhou Zhengyi,to redevelop the 43,429 celebrated Chinese cultural icons lodged there during the 1920s and square meter property without paying a land lease valued at 300 million yuan. 30s.Former residents include ,father of modern Chinese litera- Developers can avoid paying for land use rights if they return displaced ture, and other well-known writers such as ,,Ye residents to the redeveloped site,but the plaintiffs allege that Zhou Zhengyi Shengtao and Chen Wangdao.Their former lodgings are still kept in good moved them to a fringe district with very poor transportation and com- condition today... munication links. One of the venue’s administrators,Wang Farong,explains why the The residents have also written an open letter to President and street formerly known as “Duolun Road”was established by the district State Council Premier claiming that Zhou Zhengyi was a close municipal government. confederate of ,a member of the Standing Committee of the “The district government established the cultural street with the aim of Communist Party Politburo,when Huang was mayor of Shanghai. protecting our cultural heritage and carrying forward our national spirit.So Zhou Zhengyi (also known as Chau Ching-ngai),now a resident of Hong many famous cultural figures once lived here,so many political figures and Kong,is the chairman of Shanghai Nongkai Development Group,and was big merchants before the founding of New China had their mansions there. named by Forbes Magazine as China’s 11th richest person.His wife,Mo Yuk- Also,one can witness the cultural and historical development of the city in ping,was arrested by ’s Independent Commission Against Corruption the 20s and 30s,how it grew from a small fishing village into an interna- on June 2 on suspicion of bank fraud. tional metropolis with typical Shanghai lanes alongside numerous pieces of On June 6th Shanghai police arrested lawyer Zheng Enchong. He is accused international architecture.Hence there is a saying--- Duolun Road reflects of illegally obtaining and revealing state secrets. the old Shanghai 100 years before the People’s Republic of China”.

Testimonials translated by Stacy Mosher