C hina Fostering business and culturalI harmonynsight between China and the U.S.

VOL. 13 NO. 9 OCT. 2014 A Minneapolis-Harbin sister city music project By Mary Warpeha, contributor

The US-China Peoples Friendship As- tures and a night stroll along Zhongyang sociation of Minnesota and the St. Anthony Dajie with exotic eats. Nebulous dream, page 3 Brass Quintet participated in a Harbin – US-China Peoples Friendship Asso- Minneapolis Sister City cultural exchange ciation of Minnesota has been committed to during the 32nd Harbin Summer Music the sister city relationship with Harbin since Festival at the invitation of the Harbin Bu- Board Members brought the idea to the City reau of Culture, Press and Publications and of Minneapolis in the early 1990s. In recent the Harbin Office of Foreign Affairs from history, Meet Minneapolis has become the August 7-11, 2014. official city liaison and with this additional Mary Warpeha, co-president of USCP- strength and our volunteerism, we have been FA-MN lead the delegation, which included Festival already! able to accomplish this remarkable music musicians Dan Massoth and Dan Fretland We arrived in Shanghai where we were exchange. Our goals were to: Opium war, page 4 (trumpet), Larry Zimmerman (trombone), guests of a generous donor, Miles Tu, • Strengthen the organizational ties admin- Neal Bolter (French horn), Paul Budde Holiday International Travel Service, with istering this relationship (tuba) and Sister City representative Bill offices in Xian. We stayed in the beauti- • Further people-to-people cultural under- Deef, vice president of International Rela- fully appointed Intercontinental Shanghai standing and cooperation tions for Meet Minneapolis. Puxi Hotel and spent time spent touring the Our fortune to find five educators who The group’s itinerary included a three- Shanghai Urban Planning Museum, YuYuan were quality musicians performing on brass day tour of Shanghai and four days in Garden and a Ming-era market. We also instruments was uncanny. Through new Harbin. Each day’s routine included three strolled through the Xintiandi Pedestrian friendships here in Minneapolis and old and hours of rehearsal in preparation for a Shopping District in the French Concession new friendships in Harbin, we were able to sold-out evening concert on Aug. 9 at the and visited the Museum of the First National make possible a wonderful experience for Harbin Music Hall and a crowd-pleasing Congress of the Communist Party. A me- so very many people in both cities. Giant hotpot, page 8 outdoor evening performance on Aug. 10 ander along the Bund at dusk was among Congratulations and thank you to all at the Peoples’ Park in the heart of Harbin, the highlights. who shared our vision and supported us in on the banks of the Songhua River. In ad- Then we headed off to Harbin – tuba all the necessary ways – donations, volun- dition to rehearsals and performances, the and all – and it was time to get to the task teer time and sharing the dream. Quintet participated in a jam session with of making music. However, we did manage We have achieved successes far beyond the brass section of the Harbin Symphony to squeeze in a bit more tourism in Harbin: our expectations. In the next slides, I hope Orchestra. The St. Anthony Brass Quintet a visit to the Tiger Park, Sun Island with its to share our experiences and fulfillment of has been invited to the 33rd Summer Music replications of historic snow and ice sculp- our mission intent. u

Hong Kong democracy, page 11 Second quarter state exports gain almost 4 percent to $5.4 billion

CHF’s 10th anniversary, page 16

In This Issue

Minnesota exports, including ag- grew about 1 percent to $5 billion in the lion (largely fueled by the 61 percent ricultural, mining and manufactured second quarter of 2014, the same growth gain in sales to Mexico) while those to Pronouncements...2 products, were valued at $5.4 billion in as U.S. manufactured exports. Asia gained 8 percent to $1.7 billion Society...... 3,5 the second quarter of 2014, representing (led by gains in Japan, India, Korea and History...... 4,8 Singapore). a gain of 3.6 percent (or about $188 mil- Strong Performance in Asia and Education...... 6,15 lion) since the second quarter of 2013. North America Cushions Steep • Minnesota exports to Europe fell 10 Events...... 7,12,16 Nationally, exports grew 3.3 percent. Losses in Europe percent to $1.1 billion, primarily due to • Exports grew by 15 percent or • The state’s regional export growth the $103 million (or 9 percent) plunge Food...... 8 in exports to $1 billion to the European more to five of the state’s top 10 country rates ranged widely from a drop of 18 Travel...... 9 Union. Major contributing markets were markets, and to five of the state’s top 10 percent (non-European Union coun- the Netherlands (down 52 percent), Lux- Business...... 10 product groups. tries in Europe) to a gain of 13 percent embourg (down 98 percent), Germany Government...... 11 • Among all states, Minnesota (Australia-Pacific). Exports to North (down 13 percent) and France (down 21 ranked 20th largest in exports. Exports America and Asia grew strongly be- People...... 13 percent). Soft demand in Switzerland tween the second quarters of 2013 grew for about 60 percent of the states (down 25 percent to $50 million) mainly Facts...... 14 during this period. and 2014. Minnesota’s exports North • Minnesota manufactured exports America jumped 11 percent to $2 bil- Continues on page 14 PAGE 2 > OCTOBER 2014 pronouncements www.chinainsight.info Publisher’s ChinaInsight Publisher/Editor: Gregory J. Hugh Pronouncements [email protected]

Greetings: Manager of Operations/ Now that fall has arrived, we Minne- Minnesota House of Representatives, appreciates your support and welcome Circulation: sotans traditionally celebrate the annual several state judicial seats, a United any suggestions as to how we might Richard He ritual of watching the emergence of fall States Senate seat, all of Minnesota’s better serve the community. We also [email protected] colors as nature does its thing. This time eight seats in the United States House invite you to visit us online at www. of the year also will subject us to all of Representatives, and several seats chinainsight.info where you can post Staff Writers: kinds of political intrusions that will test for local offices. I encourage you to comments on our articles. Greg Hugh our patience, intelligence and tolerance exercise the privilege of your vote in [email protected] level as politicians try to win our votes. the upcoming election, and thank the Sincerely, Elaine Dunn In a democratic society as the U.S., we men and women in our armed forces [email protected] are fortunate to be able to exercise our for protecting our right to vote, which is constitutional right to vote in democratic sadly lacking in many parts of the world. Contributors: elections, unlike the kind of turmoil that I also wish to congratulate the Raymond Lum the citizens of Hong Kong are experi- Chinese Heritage Foundation as they Gregory J. Hugh [email protected] encing as noted in the article on pg. 11. observe their 10th anniversary and CEO-Publisher The tension in HK has increased as we extend their invitation to you to attend Tao Peng [email protected] go to press. Visit www.chinainsight.info their open house (p. 16). For additional for links to latest developments. information about CHF, their programs, Melissa Schneider A general election will be held in how to volunteer or make a donation, [email protected] Minnesota on Nov. 4, 2014. All of visit their website at www.chineseh- Chang Wang Minnesota’s executive officers are up eritagefoundation.org. [email protected] for election as well as all the seats in the As always, the staff of China Insight Mary Warpeha [email protected] Correction The article “The Mid-Autumn Festival: why eight boys won’t get the girl” by Melissa Schneider in the September issue Patrick Welsh was printed with text missing from the sixth paragraph. To read the complete text, please visit our website, www.chinain- [email protected] sight.info, and click on the PDF version on the right panel. The article is on pages 10-11. Webmaster: Will Ahern [email protected]

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China Briefs The nebulous Selected newsworthy items “Chinese Dream” recently published in the Chinese press By Elaine Dunn

Golden Week, indeed! The week-long national holiday known as “Golden Week” begins Oct. 1. The China Railway Corporation reports a whopping 9.69 million train tickets sold between Sept. 9-13. Fifty-six percent of them were sold online. Chinese consumers are expected to spend more than one trillion yuan during Oct. 1-7.

Double trouble x 32 Out of 4,000 students starting school this fall at a primary school in Henan Province’s Lingbao city, there are 32 # sets of twins. One family has three sets # 1 of fraternal twins attending! Teachers # 6 will be seeing double all day for the next 3 8 nine months! Somebody should check the water there. # On a recent trans-Atlantic flight, I ing a house in Beijing is economically By# the4 numbers caught a Chinese movie called “Ameri- impossible even if he saved every penny 10 # # 2 Come hither under my umbrella can Dreams in China.” It’s a story he earned in his entire life. 7 It’s raining and you have an umbrella. about three college friends who wanted 2. A 35-yr-old construction worker The cute girl in front does not. A Hong to study in America, but only one was wants to learn new skills and then Kong company has a Bluetooth-LED New Chinese rental “cottage device you can plop on the top of your granted a visa. The two who were left move back to Inner Mongolia where industry” umbrella to signal your willingness to behind started a school teaching other the air is much cleaner and the roads Small Chinese investors sitting on share your umbrella, much like the light students English and tutoring them in less congested. empty vacation homes now turn atop taxis. The device even comes with the visa-interviewing process. In other 3. An 82-yr-old retiree who moved to to dedicated vacation-home rental a phone app for you to download your words, helping those students achieve Beijing to be with her grandchildren firms to help them rent out those route, how many times you’ve shared just wants to find a partner to keep her properties on short-term basis. AND chat online with those you’ve their dreams. Though borderline slap- helped! It’ll also buzz you on your stick in nature, the film did raise the company. 4 phone if you stray too far from the question: is getting to America still the 4. A 41-yr-old businessman wants to Number of short-term vacation- umbrella! Chinese dream? Certainly, that’s not tour South Africa because “it’s so exotic home rental firms that have opened what President Xi Jinping had in mind! and magical.” for business since 2012. Since Xi Jinping was elected general 5. A 22-yr-old who works 10-hr days Follow the gold brick road secretary of the Communist Party of passing out leaflets for a gym wants 5000 Think you’ve heard of/seen all the sales Number of landlords who regis- gimmicks? Here’s one: shop where it’s China (CPC) on Nov. 29, 2012, he has to save up enough to open her own tered their homes with one rental paved with gold! Yeah, a shopping mall mentioned the “Chinese Dream” many, Internet-based shop because “working firm since its inception in 2011. in Yichang, Hubei, has built a walkway many times, including in his presiden- for yourself is better than working for with 606 gold bricks (worth more than tial inaugural speech. In an April 2013 someone else.” 20,000 200 million RMB) and Chinese shop- broadcast, NPR’s Louisa Lim said the 6. A 24-yr-old documentary filmmaker Number of properties listed on the pers are tripping over themselves to website of one of the firms alone. term “Chinese Dream” made the front wants to help the Chinese national soc- walk over the pricey real estate! It’s Properties listed with this firm are the most expensive tourist attraction in page of the Chinese official mouthpiece, cer team win the World Cup one day. in Beijing, Chengdu, Chongqing, that region to date. Did anyone actu- People’s Daily, 24 times in a single Diverse as these six dreams are, they Guangzhou, Nanjing, Qingdao and ally shop? week. Now, that’s successful PR … still exhibit a common optimism about Shanghai. or aggressive propaganda! Either way, the future, that they are headed toward those two words are everywhere and on a better future. Is this Beijing’s Chinese 90,000 No hot water for you Number of empty vacation prop- many government officials’ lips. dream? China is the main source of travelers erties on another website that is to the Maldives. It’s estimated that specifically aimed at domestic 230,000 Chinese visited in 2012. The National dreams What is Xi’s “Chinese Dream”? travelers. luxury resorts decided to stop providing Ask any American what the “Ameri- Just what did Xi have in mind when Chinese travelers with electric kettles can Dream” is – a term made popular he started bandying the term “Chinese 198 so they cannot make hot water and eat in the 1930s -- and most answers will Dream” about? Are the average Chinese Cost per night in yuans (approx. instant noodles in their rooms! Bad citizens aware of his dream and does it US$32) for a 2-bedroom Beijing move should the Chinese boycott the allude to material prosperity: successful apartment. Quite a bargain con- destination! Maybe the resorts will have career, wonderful marriage and a nice square off with theirs? sidering average cost of a three-star to offer hot water AND noodles to woo house with the proverbial white picket First of all, Xi never articulated the hotel room in Beijing runs $65- them back? fence! To our founding fathers, it was specifics of what he meant by the “Chi- $175/night! probably “Life, liberty and the pursuit nese Dream.” Some thought it was his of happiness.” great ploy — that it could be anything 20 Mindless doughy Guinness record to anyone! Percent of the homes in Chinese cit- for China Ask any Chinese what the “Chinese ies sit vacant, according to research Six chefs in Wuhan created the largest Dream” is and you won’t get such Economic growth is slowing down. by China’s Southwestern Univer- single piece of youtiao to earn the Guin- clear-cut answers. In fact, CNN Money Income disparity is growing. Jobs for sity of Finance & Economics. ness title. The youtiao, a not-too-sweet interviewed six Beijing residents about new university graduates are harder to fried-dough item eaten with congee, was three months ago and got six completely come by. Minority unrest is on the rise. 9.2 unveiled at the 15th Annual Chinese different answers: Rather than let the country dwell on Percent decrease in housing sales Food Festival on Sept. 24 and measured such gloomy facts, throwing this dream across China during the first half a staggering 3.732 meters (approx. 1. A 52-yr-old rickshaw driver wants to of 2014. 12.25 ft) in length. What I want to know earn enough money to buy a house for is how much it weighs! his son in their hometown because buy- Continues on page 5 PAGE 4 > OCTOBER 2014 history www.chinainsight.info The Opium War and its aftermath

By Pat Welsh, contributor missed and sent in chains to Beijing. His Chinese generals under Qiying then family possessions were confiscated. sought peace but Pottinger rejected Elliot was criticized for overstepping their request, believing that they lacked his authorities and accepting too small imperial authority. Further pressure on of a remuneration from China. Elliot the Chinese was brought on by the Brit- retained his military function but his role ish threat to bombard Nanjing. Finally as sole plenipotentiary was replaced by on August 29, 1842, General Qi-ying, Sir Henry Pottinger. The war resumed. Governor General Niu Jian and Impe- The Daoguang Emperor now ap- rial Commissioner Yi Libu boarded the pointed his nephew Yishan to be an British vessel Cornwallis and signed imperial commissioner and to bring a the Treaty of Nanking, thereby ending large force of 10,000 troops headed by hostilities. General Yang Fang. They entered Can- Under the terms of the treaty, the ton and awaited the British. Anticipat- Chinese paid $21 million in silver dol- ing this move Elliot moved his troops lars for indemnities, the settlements of northward and seized the Chinese forts debts due the British merchants by the surrounding Humen. By May 25, El- now abolished Hong monopoly, and liot’s forces had captured all forts and reparations for the destroyed opium of strategic positions surrounding Canton. 1839. The Chinese also ceded perma- Yang Fang could do nothing to save his nently the whole island of Hong Kong forces trapped in Canton. After Yishan’s to England. (The leasing of Kowloon suing for peace was refused, the Hong and the New Territories occurred under merchants and the Canton prefect solic- later treaties.) The Chinese also opened ited and persuaded the British to stop the Canton, Fuzhou, Xiamen, Ningbo and warfare and enter into new negotiations. Shanghai as trade ports where England Under the terms of the second conven- could establish factories and their tion finalized on May 27: families could come and go freely. In 1. $6 million Chinese silver dollars were addition a uniform and moderate tariff to be paid the British government on imports and exports was imposed. 2. Chinese troops in Canton were to Customs duties for British commodi- In June 1840, two months after the further north to Tientsin and presented ties were set at a fixed rate after which evacuate to a zone 60 miles outside of British Parliament passed a motion to the third letter to the governor-general a commodity could be transported into the city wage war in China, Sir J. G. Bremer of Chihli, Qi Shan. China’s interior without further tax. 3. British forces would withdraw from arrived at the entrance of the Pearl River The coastal provinces were subse- Finally, official correspondence between Humen with 16 warships, 540 big guns, four quently invaded by the British fleet. The the two nations was to be used in the 4. The cession of Hong Kong was to be armed steamships, 28 army transports success of the British at the Beiho River form used among equals. No provisions decided by a later agreement, and and supply ships along with 4000 well- near Tiantsin, some 75 miles from Bei- concerning the import and use of opium 5. Prisoners were to be exchanged equipped men to carry out the govern- jing, threatened the capital and caused was included within the treaty. Knowing that the Chinese emperor ment’s order for a blockade of the Pearl the emperor to lose faith in the abilities The loss of territory and the pay- had not sanctioned the cession of Hong River Delta and harbors near Canton of Commissioner Lin and Governor ment of an indemnity in this treaty Kong, the British nonetheless organized (Guangzhou). All were to be under Cap- Deng. To lure the British threat away were humiliating to the Chinese and it an administrative office for the island tain Charles Elliot’s command. With from Beijing, the Governor-General is regarded as the first of the unequal and proclaimed regulations concerning Bremer were also three letters from Brit- Qishan persuaded Elliot to head back to treaties China would endure. Moreover, ish Foreign Secretary Lord Palmerstom Canton for negotiations. On his way to its harbors. On August 10, Pottinger the restriction of tariff autonomy would (Henry John Temple), one to authorities Canton, Elliot secured the British posi- arrived at Macao and initiated activities prove later to be a serious blow to China at Canton; if it could not be delivered, tion on Chusan Island and entered into resulting in the final phases of the war. and the Qing Dynasty. The ever increas- a second letter was to be delivered to preliminary negotiations. He had been instructed not to carry on ing outflow of silver resulted in a huge authorities at the entrance to the Yangtze In hopes of achieving a peaceful any negotiations with high Chinese of- devaluation of copper coins and infla- River. If neither could be delivered, a solution, Governor-General Qishan also ficials except for the retention of Hong tion in the prices of other commodities. third letter was to be forwarded to senior went to Canton and treated Elliot in a Kong as a base. He was also ordered The Chinese peasantry who had to pay officials at Tientsin (Tianjin). very conciliatory manner. Nonetheless, to recapture Dinghai on Chusan Island land taxes based on silver suffered sig- Simultaneously Captain Elliot is- he refused Elliot’s demand to cede Hong and other sites of military importance nificantly. Within China the prestige of sued a public notice aimed at alienat- Kong Island to the British. On January along the Yangtze Valley. He could also the Manchu government was destroyed ing the Chinese merchants from their 7, 1841 Elliot responded by attacking proceed northward to the mouth of the in the eyes of the population and wide- government by promising protection Chinese forts on Chuenpi Island (Ch- Beiho River near Tiantsin. spread rebellions broke out every year and compensation for bringing food and uanbi) and were just about to capture Accordingly in August and Sep- until 1850 when the Taiping Rebellion supplies to the British. It was also aimed Humen just southeast of Canton, when tember he seized the port city of Amoy emerged, the topic of my next offerings. at making the Chinese Court distrust Qishan, frightened, signed the Chuenpi (Xiamen) and recaptured Dinghai on Commissioner Lin Zexü and Governor Convention and Truce on January 20. Chusan Island. About Pat Welsh Deng Tingzhen by falsely claiming that This convention required China Military reinforcements from India In 2009 while teaching English at the two had lied to the emperor and had 1) to cede Hong Kong Island and Harbor arrived in 1842, thereby strengthening Sichuan University, Welsh was asked to disobeyed imperial decrees. (Customs duties, however were still to additional British forays into China. In give a speech where he was introduced Unable to deliver the first letter, El- be paid to the Chinese government). May 1842 Pottinger’s forces invaded to the audience as a “pioneer of Chi- liot continued the blockade and proceed- 2) to pay England an indemnity of $6 and seized eastern Zhejiang Province, nese American relations” as a result of ed north to Chusan Island (Zhoushan) million Chinese silver dollars and Ningbo, Shanghai and Jinjiang at the his cooperative work in international at the southern shores of the Yangtze 3) to reopen Canton to trade before junction of the Grand Canal that had banking during the Deng Xiaoping River near Ningbo whose port was also February 1. been used for sending food and other era. For more than 65 years, Welsh has blockaded. There they occupied the Qishan however, had not accurately goods to Beijing. It was only after this been learning Chinese and has used this island and delivered the letter whose reported the terms of the convention to disaster at Jinjiang that the emperor knowledge both professionally and per- contents were only partially forwarded the Chinese Court. In any case both the began to defer to the judgment of his sonally to enhance his understanding of to the emperor. Not satisfied with the British and Chinese governments repu- generals at the front and hinted at giv- Chinese and Asian affairs. u Chinese response, Elliot also proceeded diated the convention. Qishan was dis- ing permission to secure peace. The www.chinainsight.info society OCTOBER 2014 > PAGE 5

The nebulous “Chinese Dream” Continued from page 3 business out there makes for a welcome the world’s ideal places to live within diversion. After all, it worked in 2008 10 years. for the Beijing Olympics where the • And, to all marketing consultants, take rallying slogan was “One World, One note! More than two-thirds of Chinese Dream.” Spinning more dream rhetoric respondents say “having a Chinese may harness the mainlanders’ collective brand accepted overseas is a mani- energy to benefit the Party. festation of China’s increased global To this end, Beijing has spared no influence. To fulfill the vision of the expenses in promoting the “Dream” Chinese Dream, younger Chinese want campaign. Mocking netizens dubbed to transform ‘Made in China’ to ‘Cre- ated in China.’” For researchers at the Brookings Institution to other think tanks, multiple was persecuted and forced to undergo characteristics, and to strive to achieve components need to be in place for the “thought reform” during Mao’s Cultural the Chinese dream of great rejuvenation Chinese dream to take hold and suc- Revolution. One banner has the slogan, of the Chinese nation.” Since then, he ceed. These range from fair distribution “Chinese culture and civilization will also had expressed the urgency for sci- of economic development, political live on, without pause,” above one of entific and technological innovation to reforms, reduction of government in- his paintings of a man on a horse gaz- accomplish Chinese rejuvenation. terference and social stability, as well as ing at a tree with a pruned branch and But how to put this dream into major organizational changes at the ad- accompanied by a short poem. practice? ministrative level. At the Third Plenum in November 2013, the CPC promised it the “Big Character Poster 2.0 Cam- reforms necessary for the realization of paign”- a reference to Mao-era purg- the Chinese dream. ing campaigns where the guilty were Does Xi’s dream lack universal ap- punished by having to write out their peal because it focuses too much on own “crimes” in big characters on street a national rise via economic develop- posters - because of the ubiquitousness of campaign materials. ment? The report further indicated that Visually, there are billboards and In addition, the propaganda machine In May 2014, Vice President Li many Chinese support it out of prag- posters everywhere. Sometimes 40 went into full swing in rolling out the Yuanchao asked the country’s youth to matic reasons: being in accord with the are plastered one after another within campaign. Myriad activities were orga- integrate their personal dreams with the government is the best assurance of approximately a half-mile distance! nized, such as: bigger dream of the country’s “revival.” getting that they need. Most employ a stark white background • Study and discussion groups through- But Beijing need not count on neti- “…to propose that the state with spare text that espouse Confucian out the government ranks zens to help further this cause. Disgust and all people should have a com- values, a QR code, and the govern- • Newspaper and magazine articles and and incredulity run rampant in that mon dream or goal is laudable. ment agency responsible for its design commentaries on the dream concept sector as shown by a sample of posted Without a goal, we can achieve – the Public Service Advertising Art • Introduction of “Chinese Dream” into comments (which, surprisingly, escaped nothing. The realization of the Committee, which operates under the the political studies curriculum at the censoring) when the billboards and post- Chinese dream will lead to an auspices of the Civilization Office of university level ers started appearing: improvement in people’s lives; CPC’s Central Committee. One fea- • On “Children’s Day (June 1) 2013,” • ‘Ahead of our mother country is thus, it is a far-sighted strategy tures a chubby-cheeked girl with tra- parents and their children were asked always spring.’ Does it mean that our that unifies all.” ditional pigtails proclaiming, “Chinese to “praise, depict and realize” their mother country is now in cold winter? G. Bin Zhao, executive editor dream, my dream.” Another one, more Chinese dreams • Can I sue for fraudulent advertising? evocative of Mao- era propaganda, says, at China’s Economy & Policy, • “Dream walls” at schools where stu- • The so-called Chinese dream means “From morning to evening, approaching and co-founder of Gateway In- dents of all grade levels were encour- nothing but to put all Chinese people the dream.” All extolling sentiments of ternational Group, a global China aged to describe their own dreams into ‘brain-washing’ mode. an endearing community-based future. consulting firm. In July 2013, Liu Qibao, CPC pro- • When I first saw these ads, I wanted to paganda chief calls for taking the dream laugh, but then I threw up. campaign abroad, “to help the interna- • How is this different from North tional community better understand it,” Korea? he said. Fortunately for Beijing, though, the In a capitalistic society, a campaign average Chinese Joe may be buying into of such scale would be accompanied the dream business. An 89-page report by a clear, concise “brief” spelling out titled “The Power and Potential of the Artist Feng Zikai (1898-1975), was known for his hybrid East-West cartoon concept and messaging. Not so here. Chinese Dream” released by British- In May 2013, the Chinese Academy of based advertising leviathan WPP, found style As such, Beijing would like us to be- Social Sciences was given the task to that: lieve the Chinese Dream will only help Campaign graphics adopt several “research” the actual meaning of the • The Chinese Dream “enjoyed a much global realization of peace and prosper- folk art mediums: papercuttings from “Chinese Dream.” higher level of awareness” (92 percent) ity. However, the cynic in me would Shanxi and Hebei provinces, woodblock than the American Dream (81 percent) like to point out that Xi “launched” prints and woodcarvings from Suzhou Up for interpretation or the British Dream (10 percent) among the Dream at the National Museum’s Province, clay sculptures from the In all fairness to Xi, in his first ad- the 500 Chinese, 500 Americans and “Road to Revival” exhibit. This exhibit Nirenzheng workshop in Tianjin. But dress as head of state on March 17, 500 Britons surveyed. shows China’s suffering at the hands most ironic is the use of more than 1,000 2013, he did state, “We must make per- • More than 33 percent of the Chinese of colonial powers in the “century of paintings by influential artist Feng Zikai sistent efforts, press ahead with indomi- respondents consider the U.S. as the humiliation” and its eventual glorious (1898-1975), who was known for his table will, continue to push forward the current “ideal county,” but 42 percent recovery under party rule. Is there a hybrid East-West cartoon style, and who great cause of socialism with Chinese believe that China can become one of veiled message somewhere? u PAGE 6 > OCTOBER 2014 education www.chinainsight.info The Last Lecture in China: To the next generation of international lawyers

By Chang Wang, contributor Act (5 USCA § 552); ‘Public Access Our task is to gain a whole picture of [Editor’s note: This is the final remarks of Professor Chang Wang to “Legal to Information” in Code of Federal American law and perfect a way to find Research in American Law: The Westlaw Approach” class at China University the law we need. Two hundred years of Political Science and Law, the largest law school in the world. Wang is chief Regulations (1 CFR § 456.4); Federal ago, almost all the information a lawyer research and academic officer at Thomson Reuters, the world’s leading source Rules of Civil Procedure; Federal Rules needed was contained in the American of intelligent information for businesses and professionals. Since 2007, Wang of Criminal Procedure; Federal Rules edition of Blackstone’s “Commentaries has been lecturing legal research based on West’s Analysis of American Law of Evidence; and the Rules of the U.S, on the Law of England” – the great mul- and Westlaw at top law schools in the U.S., China and Europe. His lectures Supreme Court. tivolume, comprehensive law text of the also have been viewed widely online at Erya Education and Chaoxing Aca- To better understand the principle of 18th century. “With Blackstone, a desk, demic Videos, two premier online learning providers in China. His bilingual “judicial review,” we have read Mar- and an inkwell, you were a lawyer.” textbook “Legal Research in American Law,” dedicated to the University of bury v. Madison (5 U.S. 137), the 1803 Today’s lawyer is no renaissance Minnesota and Thomson Reuters where the author “found and read the law”- case law that made the Supreme Court man. We have practical working knowl- is a bestseller on Amazon China. The lecture was delivered on July 4, 2014. a separate branch of government, on a edge of legal rules, legal institutions and China Insight has exclusive rights to publish this article in its entirety.] par with the legislative and executive branches, formally established the doc- the fundamental tools of legal research First and foremost, I’d like to thank “rule of law” in Black’s Law Dictionary, trine of “judicial review.” And, to better as they apply to the specialized areas in all of you for joining me to explore the the premier legal dictionary published understand the life cycle of a litigation, which we practice. fascinating world of American law and by Thomson Reuters. Black’s defines we read “The Pentagon Papers Case.” “Legal research,” as defined in Westlaw™/WestlawNext™. “rule of law” as: In light of the recent WikiLeaks Black’s Law Dictionary, is: As I’m sure you remember, we 1) A substantive legal principle and Edward Snowden incidents, the 1) The finding and assembling of author- started our journey by comparing com- 2) The supremacy of regular as opposed “Pentagon Papers Case” might be of ities that bear on a question of law”; or mon law and civil law. to arbitrary power particular interest to you – including 2) The field of study concerned with the As a common law country, the 3) The doctrine that every person is the Memorandum issued by the United effective marshaling of authorities that United States and its legal system are subject to the ordinary law within the States District Court for the Southern bear on a question of law. deeply rooted in precedent, or Stare jurisdiction; and District in New York, the decision The American Bar Association iden- Decisis, relying heavily on courts’ 4) The doctrine that general constitu- of the Second Circuit Court, and the tifies legal research as a “fundamental interpretations of both codified law tional principles are the result of judicial landmark U.S. Supreme Court deci- lawyering skill”: The long and challeng- and previous judicial opinions. This decisions determining the rights of pri- sion in New York Times Co. v. United ing process of identifying and retrieving doctrine of precedent helps ensure the vate individuals in the courts.” States (403 U.S. 713), a triumph of the information necessary to support legal predictability, consistency and integrity From these definitions, you can see First Amendment. The ruling made it decision-making. In its broadest sense, of the American legal system. that, as long as the CPC retains power possible for the New York Times and ”legal research: describes a course of action that begins with an analysis of the In contrast, notwithstanding its civil over the Chinese legal system and judi- Washington Post to continue to publish facts of a problem and concludes with law framework, current Chinese law is ciary – and, as long as the judiciary is the then-classified Pentagon Papers the application and communication of a “socialist legal system with Chinese not independent and is denied the power without risk of government censorship the results of the investigation. characteristics,” a legal system designed to review legislative and administrative or punishment. As Justice Hugo Black Thus we swim in Westlaw™/West- to support “socialism” and the Chinese actions – there will be no “rule of law” articulated in his concurring opinion: lawNext™, a sea of legal information: Communist Party (CPC). In China, In China. Rather, there will be “rule by In the First Amendment the Primary authority - enforceable legal the law is used primarily as a tool to law:” that is, the CPC will use the law Founding Fathers gave the free rules and principles that may be manda- reinforce party rules and strengthen its as a tool of governance. press the protection it must have tory or persuasive - is the body of law. policies; the party itself operates outside It was said that “where the law to fulfill its essential role in our Primary authority includes cases, Con- the law. ends, tyranny begins.” How, we ask, democracy. The press was to serve stitutions, statutes, regulations and rules. In an attempt to prevent one branch did Americans prevent tyranny? How the governed, not the governors. Secondary authority - comments of government from holding more did they “form a more perfect union, The Government’s power to censor upon, analyzes, discusses, interprets, power than others, the U.S. legal sys- establish justice, insure domestic tran- the press was abolished so that the and/or criticizes primary authority - tem incorporates a system of checks quility, provide for the common defense, press would remain forever free includes treatises, practice materials, and balances and separation of powers. promote the general welfare, and secure to censure the Government. The Restatements, periodicals, American Because governmental responsibilities the blessings of liberty?” What kind of press was protected so that it could Law Reports and much more. have been divided among different political and legal system did the found- bare the secrets of government and We have also learned the value of branches of government, and because ing fathers envision and devise? inform the people. Only a free and using KeyCite™ to ensure that a law the different branches of government unrestrained press can effectively is still “good law,” so as to avoid citing are accountable to the American people, expose deception in government. “bad law” (i.e., law that is out-of-date) each branch can act independently, And paramount among the respon- in court. according to its own interpretation of sibilities of a free press is the duty to We learned how to do legal research what is best for the country. This is prevent any part of the government with the help of West’s Analysis of from deceiving the people and send- true even if the interpretations of the American Law, or the Key Number ing them off to distant lands to die various branches of government are in System™. The West Outline of the Law of foreign fevers and foreign shot conflict with one another. This is the organized the entire body of American and shell. very rationale that underscores the prin- law into seven categories: Persons; Let’s not forget that, in China, access ciple of separation of powers, especially Property; Contracts; Torts; Crimes; “judicial review.” to information is still a privilege, not Remedies; and Government. The law Government in China, by contrast, is a right. While reading this opinion or is categorized into more than 400 topics based upon single-party rule. The Chi- conducting legal research on Westlaw to and 100,000 subtopics, the Key Number nese Constitution blatantly ensures that understand a particular statute, it would System™ is the most powerful tool the CPC is the dominant political party be hard to swallow the fact that Chinese available to legal researchers, making in the country, in charge of all aspects of scholars, journalists and scholars can be it easy for them to find any and all legal government. The Party reviews its own John Marshall (1755 – 1835), the fourth charged with “divulging state secrets” Chief Justice of the United States. resources relevant to a given issue. actions and is above the law. for simply publishing a CPC leader’s The “West” in West’s Analysis of Nevertheless, the CPC has promised We have read the United States Con- internal speech or media censorship American Law refers to Mr. John B. to strengthen the “rule of law” in China. stitution, the Constitution of the State of orders, and lawyers can be disbarred for Let’s look closely at the definition of Minnesota, the Freedom of Information representing those defendants. Continues on next page 15 www.chinainsight.info events, book review OCTOBER 2014 > PAGE 7

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“Will China Dominate the 21st Century?” Jonathan Fenby, Polity Press, March 2014 By merlinlinehan, June 5, 2014 capitalism” and while some fete its re- trends on the subject, these include the century. Central to this hypothesis is cord breaking economy as it looks set rebalancing of the economy away from the idea that the central government is to outstrip the US in GDP terms, others dependence on exports to consumerism, too impervious to change and eventu- point to the strains in its banking system the supposed contradictions of a free ally their conservatism will catch up and predict a crisis of epic proportions. market capitalist system governed by an on them, stifling reform efforts, putting One thing is for certain, Jonathan undemocratic government, which – far a brake on the economy and any global Fenby has written this polemic at the from liberalising as many in the West ambitions. most exciting time to be studying might expect – looks set to assert its Allied to this inflexibility is that China’s engagement with the rest of authority and further clamp down on in Fenby’s eyes the citizens of China the world, as the country continues to any dissent or challenge to its rule. The fundamentally do not trust their govern- press its aggressive economic ambi- book does not provide any new insights ment, as the book cites “27 percent of tions alongside a cautious diplomatic but argues these points persuasively, Chinese with a net worth of 100 mil- and military strategy, all in the shadow so readers will be in little doubt that lion Yuan or more have emigrated or of rising political tensions in East Asia. China faces some serious constraints obtained foreign passports or residence The book neatly summarizes China’s on its power. permits while another 47 per cent were recent history, propagating the theory The beauty of Fenby’s book is that it considering leaving the PRC”(p.115). that China could outpace the USA to is superbly concise; with over 30 years’ The finding that “more than 85 percent become the world’s foremost power if experience of covering China, Fenby of millionaires polled in 2012 planned to send their children abroad for educa- My review of Jonathan Fenby’s book it continues to follow the trajectory of is able to distil complex ideas down to tion” (p.115) is hardly a vote of confi- was orginally published in the excellent the last 30 years, before going to demol- their core elements and burnish them ish that same theory as it discusses the with accompanying illustrative anec- dence. London School of Economics Review domestic and international challenges dotes. This book could save readers the As well as a lack of credibility in the of Books: that will prevent it from becoming a time of wading through much longer eyes of its citizens, China faces a major China has long provided observers true superpower. books, blogs, and articles covering the image problem around the world; while in the West with a host of extremes and Students of Chinese economics and same themes. Not a word is wasted. some admire its economic rise, for many paradoxes to ponder, a nominally com- politics will probably be fairly familiar The final chapter effectively draws dictators it is a shining example of prog- munist authoritarian political system with the list of “challenges,” “road- together the arguments of the previous ress without the need for democracy. But which is nevertheless flexible enough blocks,” and “obstacles” that China four and concludes the author’s case that to accommodate a new strain of “red faces. For those unaware of current no, China will not dominate the 21st Continues on page 13 PAGE 8 > OCTOBER 2014 food, community www.chinainsight.info Chinese hot pot or Chinese fondue?

By Miriam Hoffman, china-family-adventure.com with coal, but nowadays in most mod- wise somebody might “steal” your food! ern homes electric or gas hot pots have “Strainers” or baskets – the most replaced the coal hot pot. We use an essential tool! electric wok pot; some friends use a Hot pot is best enjoyed at a leisurely couple of fondue pots, others their Japa- pace. Add food slowly and be careful nese shabu shabu pot; they all serve the not to overcook them. Experiment with purpose. With electric pots you must different sauces and ingredients. be careful with the cord, specially with Because of the “slow pace” of the Chinese hot pot cooking is a fun way • Side dishes to accompany the meats kids around. whole meal, if kids start getting too im- Once all ingredients are prepared and patient, add some noodles, which can be to enjoy a meal together where everyone like leafy vegetables, mushrooms, ready, they are all set raw on the table pre-cooked and can be ready in seconds. cooks his or her own food right at the noodles, dumplings, tofu. Don’t add too around the hot pot. Hot pot is enjoyed generally in the table. Chinese hot pot, also known as much of these at one time, otherwise it Ingredients are added slowly to keep the winter months, and is often prepared Chinese steamboat or Chinese fondue is difficult to keep the stock simmering. stock at a constant simmer. You can use around Chinese New Year. It is a fun because of its similarity to the French • Dipping sauces, make your own mix chopsticks or small skimmers/strainers way to share a meal together, but let me counterpart, is prepared in a metal pot with your choice of soy sauce, chili to cook the food. emphasize one more time, extra care which is placed in the center of the table. sauce, a few drops of sesame oil, Chin- The strainers are particularly useful must be exercised when kids are par- The pot is filled with simmering stock qiang vinegar, pepper, fresh cilantro, for “fishing” your food back, remember ticipating, the hot pot and the contents and all the ingredients are added and spring onions. You can also add other to keep track of what you put in other- are very hot! u cooked in the broth. dipping sauces like hot mustard, sweet chili sauce, etc. so everyone can flavor Giant hotpot! Ingredients on a typical Hot Pot their meats to their own taste. A 3.15-meter-wide hotpot appeared at the start of the third Food Festival in Recipe • Stock or broth, this can be as bland or Zhengzhou city of Henan province on Sept. 12. Hundreds of passersbys lined up • Thinly sliced meats, like chicken, beef as spicy as you wish. We prefer a bland to try the sizzling concoction. Hotpot ingredients were said to have cost around or lamb. They need to be thinly sliced broth, which will get its own flavor 20,000 RMB (US$3,255.54). u so they cook quickly. To make the task as the different ingredients are added, easier, you can partially freeze the meat and the sauces provide the flavor to and then slice it. You can marinate the everyone’s particular taste. Our broth is meats if you wish, we normally add simple, we add a small piece of ginger only a bit of salt, light soy sauce and a to the boiling water and some chicken bit of oil. stock, you can add some won ton soup • Your favorite seafoods. We like add- mix for a little more flavor. ing shrimp and crabs, they add a lot of Cooking your hot pot flavor to the stock. Traditionally, steamboats were heated

from the Japanese. They invited them • Education, health, business, and Red Wing delegation to visit to Red Wing. In 1994, the two cities friendship delegations to from each city came together in Sheldon Theater in • Teacher exchanges sister city Quzhou Red Wing where the mayors from the • Artist exchanges two communities signed the agreement • Student art contests By Tao Peng, contributor to allow the freedom for both communi- • Student pen pals The for- fly on to Chinese airfields to refuel. ties to work together and grow together • Higher education exchange In the words of former Mayor Cyr mal sister city However, the U.S. aircraft carrier as sister cities. and leader of the 2014 delegation: relationship encountered Japanese picket boats fur- On Oct. 13, 2014, the former Mayor “These exchanges have resulted in ther east than expected, thereby forcing between Red of Red Wing, Romeo Cyr, will lead a positive encounters with thousands of the B-25s to fly an additional 200 miles Wing and Qu- seven-member delegation consisting of students and citizens from each city, and zhou, China, to complete the bombing mission. The former exchange teachers, artists as well in many cases, individual relationships has a history Raiders crash-landed on the coast of as representatives from the Sister City have been established.” that dates back China in Zhejiang province. Some Commission, to travel to Quzhou. They This delegation, the fourth since to 1994. landed near what is now Quzhou city, will take part in the 20th sister-city anni- 1994, will be entrusted with renewing Why Red where the local Chinese villagers took versary celebration. The delegation will commitments between the two cities Wing, Minnesota? Actually, the story in the surviving American pilots and hid spend one week in Quzhou participating and establish goals for the next 20 years goes all the way back to WWII and the them in a cave, eventually helping them in different activities such as unveiling and beyond. Dolittle Raiders -- an April 1942 U.S. get back to their U.S. posts. of a friendship garden, roundtable dis- Tao Peng resides and works in Red mission that bombed Tokyo with B-25s A group of Red Wing history buffs cussion of sister city relationship past, Wing. He is also the vice chair of the Red Wing Sister Cities Commis- launched off an aircraft carrier in the went to Quzhou to learn more about the present and future, and kick off a joint sion. Born in China, Peng is fluent in Pacific. After the bombing, the Dolittle Dolittle Raiders and to see if they can art exhibit by exchange artists from Mandarin and English and will act as Raiders - a select group of airmen under salvage any left over artifacts. They both cities. interpreter for the Red Wing delegation mission commander Lieutenant Colonel were able to meet several villagers who In past 20 years, both cities partici- during the October visit to Quzhou. u James H. Doolittle - were supposed to had helped shelter the American airmen pated in the following initiatives: Sister City St.Paul – Changsha delegation By Mary Warpeha, contributor A seven-member delegation from Friendship Association of Minnesota. sota. There also was a festive autumn Changsha, Hunan, visited their Sister A whirlwind itinerary included dinner at the home of Dr. Walter and City of St. Paul on Sept. 19 - 20. The visits with Kathleen Motzenbecker, Mary Warpeha. delegation was from the Changsha director of the Minnesota Trade The delegation also visited Pha- Office; Louis Jambois, director of len Regional Park where they viewed Science and Technology Bureau, the St. Paul Port Authority; Nancy “Meditation,” a sculpture crafted by which administers 16 hi-tech develop- Homans, Political Affairs in the St. Changsha Master Sculptor, Lei Yixin ment centers in the Changsha area. Paul Mayor’s Office; Dr. James Mc- and walked through the future site They were hosted by Dr. Jiangbo Carthy, Masonic Cancer Center; and of the St. Paul-Changsha Friendship Changsha delegation with other guests Yang, University of Minnesota, and Joan Brzezinski, director of the China Garden. u at the Warpeha home Mary Warpeha of US-China Peoples Center at the University of Minne- www.chinainsight.info travel OCTOBER 2014 > PAGE 9 Top places to see fall foliage in China

China Highlights

Some places in China are awesome ethnic minority Autonomous Prefecture Station go to Jiuzhai Valley. A bus sets in the fall season with the brilliant show in Sichuan Province, on the lower slopes out at 8 o’clock every morning. Long- of colors. The leaves show their rich and of the snowy mountains, facing the distance buses go directly from Jiuzhai vibrant hues, with colors ranging from Sichuan Basin, Miyaluo has the largest Valley to Huanglong; the day bus starts bright yellows to flaming reds. China’s red-leaf landscape area in China. Mi- at 7:30 a.m. and there is a night bus that foliage season lasts from middle Octo- yaluo lies on the tourist route between starts in the evening and arrives in the ber to early November. Listed below Chengdu and Jiuzhaigou Valley – Huan- morning. are some of the best places to enjoy glong. It is 163 miles from Chengdu. Jiuzhaigou’s breath-taking natural fall colors. The total area of the scenic spot is scenery has tempted many travelers to 1,424 square miles, 180 times larger make return trips. If you love impressive 1. Fragrant Hill in Beijing of the Yellow Mountains. It has been than the famous Fragrant Hill red leaves nature, you definitely shouldn’t miss it. Best time for viewing: mid-October to frequented by tourists in recent years for scenic area in Beijing. It is currently the early November its autumn colors. The area has many largest area open to the public and has 7. Qixia Mountain, Nanjing Fragrant Hill in the suburbs of old Chinese tallow and maple trees; and the most spectacular scenery for a red Features: red maple leaves Beijing is the most popular, and the in autumn, when leaves turn golden and leaves scenic spot. The mountains and most accessible, place to enjoy autumn red, it makes a feast for the eyes. Chi- the water are covered with red leaves. foliage. The hill is covered by smoke nese photographers flock there to take What’s more, when vehicles pass the trees and maple trees. Each year after photos of the spectacular scenery. What road comes alive with swirling leaves a frost, which usually falls in early Oc- makes Tachuan’s autumn scenery stand like bursts of flame. Snowy mountains, tober, leaves turn color gradually. By out is the views of colors interspersed hot springs, forests, red leaves, and mid-October, the mountain is shrouded with classic grey houses. the culture of the Tibetan and Qiang by a colorful carpet of red, orange and Many travelers combine their trips peoples, together create a magical au- purple. The Fragrant Hill Red Leaves to the Yellow Mountains with visits to tumn paradise. Festival is held each year on the hill in Tachuan. Miyaluo is particularly loved by Qixia Mountain is located in Qixia the middle of October. Local families photographers due to its inspiringly town, about 14 miles northeast of Nan- flock there during the festival to enjoy 4. Kanas, Urumqi beautiful colors in autumn. The place is jing, in East China’s Jiangsu Province. autumn colors. Best time for viewing: late September remote and hard to access. You need to In late autumn, Qixia is covered with red Fragrant Hills Park (Xiangshan take an arranged tour if you want to visit. leaves. People in Nanjing usually enjoy Gongyuan) is located in the suburbs of the scenery with their family members. Beijing, and every resident of the city 6. Jiuzhaigou Valley, Chengdu Entry: 20 yuan for an adult (in late thinks of it as his “garden near home.” Best time for viewing: Late October October, the ticket price may increase Pine, maple and persimmon trees dot Features: the most beautiful national to 30 yuan per person). Every adult that the landscape, as do many traditional park in China. buys a ticket can bring a child shorter Chinese buildings. than 4.2 feet in height for free. The park shows itself at its most col- Transportation: from Nanjing Rail- orful and spectacular during the autumn, way Station, take either the Nanlong or and in mid-October the park holds an In south Kanas are birch woodlands, Nanqi bus line. Autumn Leaves Festival. Kanas River and Hemu River flow It is possible to make a day trip from into the Irtysh River, both forming Shanghai to the mountains. 2. The Yellow Mountains a semicircle and flowing around the Altay Mountains to Russia and Mon- 8. Yuanyang Terraced Fields golia. Forest-clad mountains and limpid streams complete the scene. The peaks of the Altay Mountains are covered with Jiuzhaigou (‘Nine Village Valley’) pure white snow all year round. Few is a nature reserve and UNESCO World inhabitants live here, and the vegetation Heritage Site in Sichuan, The park’s is very well preserved. main feature are clear and multicolored lakes surrounded by vast mountain Every autumn sees an annual ap- forests whose brilliant autumn colors pearance of a variety of colors: birch become reflected in the water. leaves turn yellow, maple leaves turn Yuanyang Terraced Fields, in South- The Yellow Mountains put on a Autumn in Jiuzhai Valley has the red. When the autumn wind blows, the west China’s Yunnan Province, is con- fabulous show of colors each autumn. most abundant variety of colors, and it is entire mountain quivers. All you can sidered one of the best places for photos Leaves show their rich and vibrant hues, renowned for displaying all the colors of see is an ocean of golden brown. In in China. The terraced paddy fields wind with colors ranging from orange to bril- the world. When autumn comes, bright from the mountain bottom up to the top. liant red. The autumn foliage season this fairytale world, even visitors walk colors can be found everywhere, as From a distance, they resemble great begins in October and lasts to early carefully lest they trample the epicormic leaves turn yellow from green and from chains or ribbons as they wind their way November. Except for the red leaves, branch, hurt the grass, or destroy and yellow into red. The most wonderful around the contours of the mountain there are many other highlights, which disturb the tranquility and flawlessness aspect of the area, of course, is the water. slopes in parallel, tiered bands. The are worth seeing such as the sunrise, of nature. Numerous, different sized lakes, ponds, period from middle September to early rocks, waterfalls, oddly shaped pine Kanas is on the top of China’s pho- and waterfalls display a dream combina- October is the best time to visit, as the trees and sea of clouds. The Mountains tography destinations. tion of red, orange, yellow, green, blue, fields are golden and ready for harvest. are renowned as the most beautiful and purple. Visitors feast their eyes on Rice being grown in terraced fields mountain in China. 5. Miyaluo, Chengdu the beautiful scenery. is a familiar sight throughout the Far The Yellow Mountains are close to Features: thousands of miles of gor- Transportation: The Jiuzhai loop East. Those in Longsheng in Guilin other tourist destinations like Shanghai, geous crimson leaves line from Chengdu to Jiuzhai Valley has Prefecture, in south-central China are Hangzhou and Nanjing. A visit to the Best time for viewing: mid-October to been built in the shape of a ring, with the most famous. During autumn, the mountains can be combined with tours early November the entire route covering 567 mi. Both rice ripens, turning the hills a brilliant to these cities. The Miyaluo area is a typical region east and west routes comprise a 240+ yellow color, with the terraced structure covered by sub-alpine coniferous forests mile journey, the trunk road line is a creating a myriad of golden tiers. 3. Tachuan, Huangshan in west Sichuan Province in southwest- cement road, asphalt in the towns, and Best time for viewing: late October ern China. Miyaluo means “a funny a single journey may take eight hours. to November dam” in Tibetan. Starting from Chengdu, tourist buses Tachuan is a small village at the foot Located in Aba Tibetan and Qiang from Chengdu Xinnanmen Tourism Bus Continues on page 14 PAGE 10 > OCTOBER 2014 business www.chinainsight.info

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Developing Asian manufacturing capacity from a China operational base

By Chris Devonshire-Ellis, China Briefing, March 20, 2014 it’s just the additional capacity that will Either incorporating a Hong Kong com- a multinational company and reaching be manufactured elsewhere. pany or “waking up” an existing shelf out beyond China. These vary, mainly That the centre of these operations company is a good idea when looking at because different countries have differ- remains in China makes sense. With consolidating what will become a cross ent tax policies and differing levels of a consumer market growing to 600 border trading business. Having an op- compliance to international standards, million, attention to detail and invest- erational hub to manage and centralise as well as differing basic legal security ment in supply chain and point of sale all that makes a lot of sense. issues. However, these can be checked infrastructure in China needs to be well So too, does Singapore, which has off when looking to structure an Asian managed. Many of these new consum- the added advantage of being a member focused MNC as follows: ers are coming from China’s inland and of ASEAN. A trading company based Western regions – posing logistical chal- in Singapore can also act as a regional Free trade agreements Rising production costs in China and lenges that extend way beyond the first hub when conducting multi-Asian There are several important regional a reduction in China-ASEAN import- tier consumer markets of Guangzhou, operations, while the ASEAN treaty Free Trade Agreements that can impact exports duties on 90 percent of all prod- Shanghai and Beijing. That process provides free trade across ASEAN it- upon the effectiveness of Asian opera- ucts are moving manufacturing capacity can be managed and developed from self. There is little to choose between tions and the movement of goods from away from China and deeper into Asia. the existing China operations, some of the two, although if the vast majority one country to another. ASEAN is the Currently, manufacturers in China whom may well change the nature of of future growth is to be developed in world’s third largest free trade area, are essentially servicing a Chinese their business from manufacturing to China, then Hong Kong probably makes and is also negotiating other Free Trade middle class consumer base of 250 mil- operational. Yet it is the development a more convenient choice. If business deals with other countries, such as Japan lion. That number, though, will increase of a business to reach beyond China’s is expected to develop more in Asia, and Australia. The much touted Trans- to 600 million in the next seven years, borders and actively grow into an Asian then for the same reasons Singapore is Pacific Partnership (TPP) and Regional and it is that additional 350 million operation that is the real challenge. probably more appropriate. Both are Comprehensive Economic Partnership consumers whose purchasing require- There are a number of issues to face: nearly identical in their low income tax (RCEP) agreements, both still being ments will increasingly be serviced by treatment of foreign companies. negotiated, will also have a profound manufacturing capacity based elsewhere Where should my trading hub be? Part of this question is also related impact on global trade. These need to be in Asia. The principal recipients of this China is not a free trade nation, and to where the investor needs the cash understood and evaluated as they may manufacturing capacity will be Indone- developing an Asian business requires flow. If Permanent Establishments, determine which countries are more sia, Malaysia, Philippines, Thailand and more than just a China manufacturing they often need cash back at HQ. If suitable than others for placing your Vietnam, as well as India. Each offer base. Many foreign investors have used family owned, this money can be stored new manufacturing capacity. slightly different pros and cons, and Hong Kong companies to hold and own offshore. This impacts upon ease of do- choosing between them is a bespoke their China operations. Using a Hong ing business (both Singapore and Hong Double tax treaties decision depending very much upon the Kong company to trade internationally Kong are very high). Regardless of These are important as they can have different requirements of each business. makes a lot of sense. It is a free port, where the trading hub is located, there an important effect on tax minimization. The China manufacturing and opera- taxes are low and it has excellent finan- are a number of other issues that start Some countries have many (Singa- tional base is likely to remain in China, cial services and logistics infrastructure. to come into play when developing as Continues on page 13 www.chinainsight.info government OCTOBER 2014 > PAGE 11 The struggle for Hong Kong democracy

By Elaine Dunn CNN, Hu said, “I hope he understands 2013 to champion the right of the Hong this will be a battle of resilience. It is Kong public to elect its next leader not a fight, nor a skirmish, it is a true without Beijing dictate. Tanya Chan, a war, in terms of the length of time it former Civic Party legislator, was one of involves, its complexity, and the po- the few women to participate. “People tential sacrifice it might involve.” Hu joke with me, asking me if I shaved my should know. In 2000, he exposed the hair because I am getting left [unmar- sale of unregulated (and tainted) blood ried] or because there is no real universal for transfusions in central China that suffrage,” Chan was quoted as saying resulted in entire rural villages being in many Asian papers. “The answer is infected with AIDS. The government simple. Since sham marriages are ille- accused him of “inciting subversion of gal, how can we accept a fake election?” state authority” and threw him in jail for Occupy Central’s leaders also prom- three-and-a-half years. Since then, he’s ised to stage mass rallies in Hong Student protest been placed under house arrest on and Kong’s central business district, bring- off. He is rooting for Wong and other ing the financial hub to a grinding halt. “Hong Kong is my home ground, (Beijing) is not pro-democracy activists. With Hong One of its co-founders has vowed to representing me,” Lester Shum, student leader, at Sept. 24 Kong’s relative freedom, he thinks it’s “create a resistant movement in Hong student protest. the perfect place to spark a democracy Kong” and will not give up hope for movement, and is hopeful that perhaps political reforms leading to open demo- one day, true democracy may penetrate Not since the 1960s or 1970s have so An unlikely teen activist cratic elections in 2017. However, Oc- through the entire mainland. many Hong Kongers been asking them- In the thick of Hong Kong’s pro- cupy also realizes it needs to achieve Despite his tender years, the astute selves, “Is it time to leave Hong Kong?” democracy movement is a skinny, the delicate balance of keeping popular Wong zeroed in on two issues that The issue that is again stoking spectacled 17-year-old secondary anger simmering while not losing local threaten the Hong Kong he knows: discontent and uncertainty this time is school student. Joshua Wong is a support through confrontational actions declining press freedom and nepotism much the same as before: the unbearable fierce pro-democracy organizer. Two in a city where economic stability is in the Beijing-friendly political ranks. idea of Beijing closing in. years ago, while only 15, he formed critical. For this, he’s taking on a lot of risks to Hong Kong, the tiny island that was Scholarism, a student protest group On Oct. 1, China’s National Day, become one of the most vocal voices for Occupy organizers are planning a Hong leased to Britain for 99 years as the that rallied 120,000 protesters to oc- Hong Kong democracy. “People should Kong “democracy banquet” open to result of China losing the Opium War, cupy government headquarters, forcing not be afraid of their government; the everyone who supports democracy. was handed back to Chinese rule in the Beijing-proposed pro-Communist government should be afraid of their People who plan to attend are asked to 1997. Part of the agreement negotiated curriculum that was to be introduced people,” he told CNN. He is fully aware bring food, drinks, spare batteries for between the United Kingdom and China to Hong Kong’s public schools to be that class boycotts will not change Bei- phones, sleeping bags and a change of then was “one country, two systems,” withdrawn. His fight song: You have jing’s mind about the 2017 election, “but clothes. Occupy had also applied for that Hong Kong would be given demo- to see every battle as possibly the final if we do not organize, Beijing will not permits for rallies on Oct. 1 and 2. cratic election of its own leaders. Yet 17 battle – only then will you have the think about it at all. We just hope to give years later, this has not happened. Each determination to fight. more pressure — as much as possible.” Rising discontent in Hong Kong of the three “chief executives” since After Beijing’s announcement about On Sept. 22, a University of Hong has been appointed by Beijing. This the 2017 election, Wong’s group once “Hair” and “law” Kong survey of 1,000 city residents past August, pro-democracy groups had again mobilized Hong Kong’s students On Sept. 9, pro-democracy support- found more than half have “no confi- their hopes further dashed when Beijing to voice their displeasure by walking out ers and journalists packed a church hall dence” in “one country, two systems” announced that candidates for Hong of classes in late September. College to have their heads shaved in a symbolic — the lowest level of confidence since Kong’s 2017 leadership election would administrators and Hong Kong’s larg- act of protest against China’s increased the university began tracking the issue be vetted by a pro-Beijing committee. est teacher union have pledged to show exertion of political control over Hong in 1993. Both the U.K. and the U.S. had ex- leniency to students who skip classes, Kong. Academics in Hong Kong have cited pressed support for Hong Kong’s strug- locking step with Wong’s group and all In both Mandarin and Cantonese, the rising anger and social discontent within gle for democracy. British lawmakers striking students. words “hair” and “law” sound similar. the Hong Kong populace brought on by announced plans to visit the former As this issue of China Insight goes Therefore, it’s common for dissidents a widening wealth gap, rising costs of British crown colony to see whether to press, HK students are rallying to to shave their heads to mock China’s living and skyrocketing property prices. its handover treaty had been violated Wong’s civil disobedience campaign limited rule of law. Besides, Chinese In this world-class metropolis, approxi- by China’s actions. The U.S. issued a to fight for democracy. An estimated regards hair as a precious gift from their mately 20 percent of residents lived in statement to the effect that it “supports 13,000 students rallied at the Chinese parents. Therefore, shaving one’s hair poverty in 2013. Unless Beijing can universal suffrage in Hong Kong in ac- University on Sept. 22, kicking off their is making quite a significant statement: appoint a chief executive who can ad- cordance with the Basic Law and the boycott week. On Sept. 24, thousands giving up a precious gift from one’s dress these social issues effectively, its aspiration of the Hong Kong people … of college students again were reported short-term silencing of the democracy an open society with the highest possible to have skipped classes. They also took activists may be just that; its failure to degree of autonomy and governed by to the streets protesting the communist calm the activism in the long run may rule of law is essential for Hong Kong’s government’s refusal to allow free elec- lead to bigger, deepening governance stability and prosperity.” tions in Hong Kong. On Sept. 26, more problems. HK’s pro-democracy activists doubt than 100 secondary schools (grades The sentiment is if the chief execu- western support will make much differ- 7-12) have sanctioned class boycott tive is not a slave or puppet of Beijing, ence. Nevertheless, China immediately though students will have to produce then the pro-democracy activists can responded angrily. “Hong Kong’s af- letters of approval from their parents. work with him. The activists recognize fairs, including constitutional reform, China’s reaction? Its state-run it may be impossible for them to change belong to China’s domestic affairs. No media has named Scholarism a group Beijing’s electoral mechanism for now, foreign country has the right to make of “extremists” and indentified Wong so they may choose to transform into a irresponsible remarks or interfere in by name as a “threat to the stability of Former legislator Chan being shaved. civic education and mobilization cam- any form,” spokesman Qin Gang said. Communist Party rule.” paign and hunker down for a long fight However, if China thinks its bark Hu Jia, a 15-year-old during the parents in the pursuit of freedom. with the mainland. will scare off Hong Kong’s pro-democ- Tiananmen Square protests 25 years Leading the head-shaving event are Meanwhile, the exodus of the racy activists, it has seen nothing yet! ago, hinted that Wong could be ar- the leaders of Occupy Central, the grass- wealthy and educated from Hong Kong rested or jailed. In an interview with roots pro-democracy group founded in may ramp up once again. u PAGE 12 > OCTOBER 2014 events www.chinainsight.info

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The book is written for the middle it has alienated many others through But looking back into history Fenby is school age group and takes place in a clumsy diplomacy, an export machine pessimistic as to the ability of Chinese world of “magic, intrigue, mysterious characters and ancient curses” where which put other country’s firms out of dynasties to adapt, citing the fall of the the 14-yr-old heroine and friend are in business, and, most of all, the lack of Ming, Machu, and others as proof of pursuit of a cure for a deadly disease an attractive political system, as Fenby the inability of Chinese governments to that turns its victims’ eyes dark. puts it, no one is protesting on the street survive change. Glewwe grew up in Minnesota in favour of Chinese-style government. The final chapter also tackles the Chinese American author Eleanor and began studying Mandarin in high But the contrarian in me immediately great unknown of whether China wants Glewwe, a 2008 Edina High School school. She’s also an accomplished thought is there not potential for the (or will want) to dominate the 21st cen- cellist, folk dancer and a Sacred Harp graduate, signed her debut novel “Spark- singer. A 2012 Swarthmore College Communist Party in China to change tury; students of historical geo-politics ers” for Kim Wu, also of Edina, at The graduate, she’s currently attending and adapt to their current circumstanc- will be familiar with the idea that great Red Balloon Bookshop on Grand Ave., graduate school in Los Angeles. u es? After all who would imagine that powers displace the existing hegemons, the same organisation that undertook the Germany arguably tried this with the diplomatic, and soft power footprint is rious China scholar might crave. Others Great Leap Forward and the Cultural British Empire, and the USA eventually tiny in comparison to their economic like “China the Partial Power” by David Revolution is now presiding over “So- did following the second world war, but might. Shambaugh, or Minxin Pei’s “China’s cialism with Chinese characteristics” there is ambivalence as to whether these Fenby successfully traces the huge Trapped Transition” offer much more to – in other words a mixed economy – powers were trying to become number inadequacies of the Chinese state from those wanting to understand in greater unthinkable under Chairman Mao’s rule. one or circumstances pushed them into suffocating authoritarianism to long depth the various competing schools of If, as Fenby argues, the government such a position. Similarly with China term economic mismanagement and foreign policy thought emanating from realises the limitations of the current there is scant evidence in their actions provides a compelling argument against Beijing or the complex issues around economic model (over capacity and that it has grand global ambitions be- a the concept of a global Pax-Sinica. For economic transition and how these will growth at all costs) and takes steps yond trade and investment ties and local students of Chinese politics or interna- alter China’s ability or willingness to to change this, then perhaps there is territorial disputes. Indeed, as Fenby tional relations this is a book well worth project power around the world. u hope for the country to overcome at aptly demonstrates, their global military, reading, but it lacks the details that a se- Developing Asian manufacturing Continued from page 10 pore), others have none (Cambodia). corporate income tax rate to 20 percent different registration procedures apply. tive affairs, can be a daunting prospect. Understanding what these treaties say from 2016. That is five percent lower Others countries have strict IP protec- Having taken our own practice out and what they mean, and how to take than China. Additionally, taxes can tion laws that are rigorously applied, of China and into India and ASEAN advantage of them, is a key point. vary within a country. Unlike China, others are more lax. You need to know several years ago, our firm is now able Development zones & tax incentives India doesn’t have a unified tax system the local landscape – and ensure it is to provide the intelligence and on-the- Many countries throughout Asia also in place – instead, these vary somewhat registered – before committing your IP. ground knowledge that is required with have numerous free trade and develop- from state to state (rather like the U.S.). multiple offices and strategic partners ment zones. Others also provide tax These variables need to be understood. Centralizing staff payments in differ- throughout the region. Businesses now breaks and incentives. What are these, ent countries requiring multiple presences across Asia where are they, and how can they be Local tax policies on individuals It can be awkward to manage staff is becoming an increasing trend. obtained? What are the rates of individual payments in other countries from China, Structuring a business across differ- income tax? What are the mandatory let alone anywhere else. Payroll pro- ent countries may appear difficult. Yet Common law ‘source’ principle for welfare payments that need to be made cessing therefore is key when looking with the increasing disparity in costs tax to staff? In China, it can be as high as to build a smooth running operation, between China-based manufacturing Some countries provide a localized 50 percent. In Indonesia, as low as 4.8 both in various local tax and welfare and Asia, it is a task that increasingly system for tax calculations and liability. percent. This has a huge impact on compliance, and for ease of ensuring needs to be dealt with. It can, with the Others, such as China and the United labor costs. staff are paid promptly. This needs to right amount of Asian expertise and States, operate a worldwide system. be built and developed. geographical reach, be conducted to What is the likely full extent of your Other operational taxes As increasing numbers of foreign further enhance your China-based busi- tax liabilities? Understanding how the What are the applicable taxes on investors are now starting to reach out ness profitability and competitiveness. national tax regime works and the extent items such as stamp duty, VAT, and capi- further afield into Asia, the nature of, of its coverage is a key question. tal gains tax? What about applicable and very structure of, the body corporate Chris Devonshire-Ellis is the import-export tariffs? All these need changes. It is not, for example, a par- Founding Partner of Dezan Shira Determining corporate and indi- to be understood. ticularly good idea to set up a subsidiary & Associates – a specialist foreign vidual ‘residence’ in location for tax of your China WFOE as a legal entity direct investment practice pro- purposes Transfer pricing in Vietnam or Indonesia, although it can viding corporate establishment, How is the status of “Permanent It is also important to look at TP, be done. It is simply uneconomic in business advisory, tax advisory Establishment” legally defined? This especially when manufacturing else- terms of the tax structuring, and almost and compliance, accounting, pay- roll, due diligence and financial can impact upon whether or not single where in Asia and selling to your China unworkable in terms of financial plan- review services to multinationals employees on the ground can trigger a entity for further distribution. What is ning and operations. China business investing in emerging Asia. Since corporate tax liability. permissible under local regulations in structures are limited to conducting its establishment in 1992, the firm terms of fixing the cost of goods and business in China. When reaching has grown into one of Asia’s most services between related parties needs to out overseas, a larger picture starts to versatile full-service consultancies Local tax policies be fully examined and understood and develop of a structure that includes the with operational offices across What are these? What corporate a distinct TP policy built right across China operations, but places them in the China, Hong Kong, India, Singa- tax rates apply? With a multitude of your business. correct operational context. pore and Vietnam, in addition to different taxes that come into play in Intellectual property protection Pan-Asia trade and manufacturing alliances in Indonesia, Malaysia, each country when operating a busi- Some countries in Asia are sig- is the new trend – structuring such Philippines and Thailand, as well as liaison offices in Italy and the ness, an examination needs to be made natories to the global standards of IP operations when faced with numerous United States. u as to which are the most attractive. protocols such as the Madrid and Nice different countries, each with their own Vietnam, for example, will reduce its conventions. Others are not, meaning unique approach to tax and administra- PAGE 14 > OCTOBER 2014 facts www.chinainsight.info Top places to see Continued from page 9

9. The Great Wall of China Why visit China in fall Features: autumn colors on mountain Fall is commonly called “the best sea- slopes son to go to China” because of the combi- nation of dryness and warmth. One tourist called the country’s autumns “dreamlike and fantastic.” There is also the chance to experience China’s deeply significant Mid-autumn Festival in September or Oc- tober, depending on the Chinese calendar. Many tourists choose autumn as the time to visit China because the summers can be frightfully hot! China in fall can look as breathtakingly Trees line the Great Wall of China attractive as any place can be. Tradition- for much of its 4,000-mile length. ally, the season is thought of as begin- Some of them come up above the ning on Sept. 1, when children go back wall, so that when you are walking to school, even though the weather can along the ramparts you can see a long, be still hot in September, and pleasantly continuous line of red and yellow. warm well into November, in much of the Countless tourists have taken pictures south. Winter and autumn come earlier of the Great Wall during this time of in the north. year — but nothing really matches You will not need heavy clothing taking your own! because Chinese autumns, except in the northwest and mountains, are rarely that cold. In the far south, though the mon- soon has ended, an umbrella may still be required one day in four. You should bring a camera with you, and comfortable walking shoes. u

Second quarter state exports Continued from page 1 drove the drop outside the EU. • Although Minnesota sales expand- ed to the Australia-Pacific region (up 13 percent to $156 million), they dropped to the Middle East (down 14 percent to $87 million) and to Africa (down 15 percent to $51 million). • In contrast, U.S. exports grew steadily to most major regions, ranging from flat growth (Asia) to 9 percent growth (EU). European markets outside from none) and Belgium (up $6 mil- the EU were the exception, to where gains were among the top three markets: lion from none). U.S. exports fell 20 percent. Belgium (up 31 percent to $126 mil- Minnesota Quarterly Export Sta- • Aircraft sales fell 30 percent lion), China (up 9 percent to $123 mil- tistics is the most current resource to $149 million, largely due to the Ores, Medical Products, Wood- lion) and Japan (up 27 percent to $105 available for tracking the state’s Netherlands (down 97 percent, or $89 pulp and Plastic Products Lead million). Leading growth segments in- manufactured export trends and is million, to $2 million). However, New prepared for the Minnesota Trade Export Gains cluded optic fiber (up 37 percent to $82 Zealand (up 215 percent to $22 mil- Office (MTO) by the Department of • Between the second quarters of million, especially to China, Japan and lion) and Singapore (up 228 percent to Employment and Economic Develop- 2013 and 2014, ores/slag/ash (up $88 Korea), other optic/medical products $36 million), Mexico (up 1,320 per- ment’s (DEED) Economic Analysis million), optics/medical (up $68 mil- (up 35 percent to $88 million, particu- lion), wood pulp (up $64 million) and cent to $4 million) and Brazil (up 42 Unit (Thu-Mai Ho-Kim, 651-259- larly to China and Korea) and medical plastics (up $40 million) showed the percent to $11 million) grew strongly. 7180). Since 2011, the quarterly and and surgical instruments (up 8 percent strongest gains in value. • Machinery were down 17 percent annual statistics reports have primar- to $326 million, especially to Belgium). • The two largest markets for ores/ to $907 million, as China, Canada, ily covered export data based on the • State sales of plastics were up 16 slag/ash (almost entirely iron ores) – Brazil and European markets such as Harmonized Tariff System (Schedule Canada (up 315 percent to $95 million) percent to $293 million, particularly to Switzerland, France, Italy and Ger- B), collected by the U.S. Department and Mexico ($16 million, up from none Canada (up 38 percent to $45 million), many sharply reduced their demand. of Commerce (USDOC) and distrib- in the second quarter of 2013) – fueled the Korea (up 29 percent to $28 million) and Exports of computers and computer uted by the Global Trade Information export gains. Mexico (up 25 percent to $27 million). components, harvesting machinery, Services. Reports are available on • Since dropping 10 percent in 2010, • Wood pulp sales were up 383 per- and office machine parts decreased the DEED’s website at “Export and Trade exports of optic/medical products have cent to $81 million. Exports of these most, although exports centrifuges and Statistics” (http://mn.gov/deed/data/ grown steadily. Between the second products surged to India (up $51 million filters, rubber-molding machinery and export-stats/). u quarters of 2013 and 2014, the largest from $266,000), Taiwan (up $14 million engine parts grew strongly. education www.chinainsight.info OCTOBER 2014 > PAGE 15 The Last Lecture in China Continued from page 6

West, the founder of West Publish- examined and analyzed fact patterns University of Minnesota Law School seen fit to bring it out. And if there is a ing. On Oct. 21, 1876, John B. West and procedural postures in the light of community’s collective memory. God in Heaven it will do neither you nor began publishing “The Syllabi,” in St. governing laws and rules; and, finally, So please indulge me for a few your cause any good. I will not discuss Paul, Minn., thus starting the National we have reached our conclusions. minutes while I share with you a story it further. I will not ask Mr. Cohn any If – after weeks of searching, read- that changed me from an artist to an at- more questions. You, Mr. Chairman, ing and analyzing, and being constantly torney. I hope, however, that by doing may, if you will, call the next witness.” challenged – you are confident you have so, I will not appear to be overly eager The gallery of the hearing burst into found the right authorities, put together to be associated with the Last Lectures applause. the right resources, and thoroughly read of past great teachers. This is one of the most beautiful mo- and analyzed all relevant materials, then My story is inspired by an actual ments in American history, and it was the law is in your hearts and minds. historical event which I have watched the beginning of the downfall of Senator Then you think like a lawyer! on the History Channel and ,which I Joseph McCarthy. In harmony with the truth expressed have read in history books. When I first saw this story, while in Jane Austen’s “Pride and Prejudice”: My story is a story about the cour- thrilled by the audacious courage of “it is universally acknowledged, that age of a lawyer – Joseph Welch – while Joseph Welch, I was mostly intrigued a single man in possession of a good standing in front of the most powerful by the question: fortune must be in want of a wife,” we Senator Joseph McCarthy. How could he? Didn’t he fear con- believe that a developing country with On June 9, 1954, on the 30th day of sequences? excellent potential for prosperity must the ArmyMcCarthy hearings being held We all are well aware what the con- be in want of some good lawyers. by a United States Senate subcommittee, sequences that Joseph Welch would The practice of law is a calling. “To Senator McCarthy accused Fred Fisher, have faced had the hearing been held our clients, we are advocates and advi- a junior attorney at Welch’s law firm, in China. In China, with their passports The Syllabi, Volume 1, Number 1, published sors; to the courts, we are officers with of associating while in law school with confiscated, the brave and outspoken by John B. West in St. Paul, Minnesota, on cannot leave the country; the even more Saturday, October 21, 1876. a duty to speak for the justice system; the National Lawyers Guild, a group to the public, we represent the rule of for which J. Edgar Hoover had sought courageous and outspoken cannot even get out of their homes, as they suffer Reporter System, the genesis of legal law and have an obligation to represent designation as a Communist front or- house arrest; and the most courageous publishing in the United States. it honorably.” ganization. cannot get out of the jail – as they are Can China really pattern its legal sys- I share with you the Attorney’s Oath Welch, acting as the head counsel serving time for “inciting to subvert the tem after the Anglo-American system if, I took eight years ago in St. Paul, Min- for the Army, dismissed the charge as state power.” as the CPC argues, the Anglo-American nesota: a youthful indiscretion and condemned Years later, I found out my question system does not fit China’s reality and “I do swear that I will support McCarthy for naming the young man was well-asked and answered by Lee situation? the Constitution of the United States before a nationwide television audience Ross and Richard E. Nisbett in the book Our final research project required and that of the state of Minnesota, without prior warning or previous agree- “The Person and the Situation”: you to do a daunting task: Find a and will conduct myself as an at- ment to do so. Welch said to McCarthy, Indeed, when we are confronted Chinese legal case of interest to you, torney and counselor at law in an in an unmistakable voice: with behavior that seems to suggest transfer the fact pattern of the Chinese upright and courteous manner, to “Until this moment, Senator, I think exceptional personal attributes of case to the great state of Minnesota, find the best of my learning and ability, I have never really gauged your cruelty any kind we tell ourselves to pause relevant state and federal case law and with all good fidelity as well to the or your recklessness. Fred Fisher is a and consider the situation. What statutes on Westlaw™/WestlawNext™, court as to the client, and that I young man who went to the Harvard were the details of the immediate apply relevant American legal principles will use no falsehood or deceit, nor Law School and came into my firm and context of behavior? How was the to the Chinese case, and then present delay any person’s cause for lucre is starting what looks to be a brilliant situation construed by the actor? your finding and analysis as if you were or malice. So help me God.” career with us. Little did I dream you And what was the broader social operating under the U.S. legal system, This is the last lecture of Legal Re- could be so reckless and so cruel as to context or social system within following its principle of precedents. search in American Law: The Westlaw do an injury to that lad. It is true he is which the actors were functioning? Are we subjecting ourselves to Approach. still with Hale and Dorr. It is true that he More pointedly, what objective “incommensurability of paradigms?” The last lecture, a hidden tradition at will continue to be with Hale and Dorr. situational features or subjec- As Thomas Kuhn, American physicist, many esteemed universities and colleg- It is, I regret to say, equally true that I tive construals, or tension system historian and philosophers whose book es, the teaching professor has the liberty fear he shall always bear a scar need- considerations would make these “The Structure of Scientific Revolu- to depart from the subject matter of the lessly inflicted by you. If it were in my seemingly exceptional actions less tions” gave rise to the term “paradigm course and share some private thoughts power to forgive you for your reckless exceptional, and more congruent shift” argued, proponents of differ- with the students. The fundamental cruelty I would do so. I like to think I with what experience has taught us ent paradigms cannot fully appreciate presumption of any “last lecture” is: “If am a gentle man but your forgiveness about the way ordinary people (our- or understand others’ points of view this were your last chance to lecture your will have to come from someone other selves included) generally behave? because they live in different worlds – students, what would you say?” than me.” The dramatic exchange between with different ideas, vocabularies and I was most fortunate to sit in the When McCarthy tried to renew his Welch and McCarthy led me to explore experiences. late Law Professor Donald Marshall’s attack, Welch interrupted him: and appreciate the “broader social con- Can we reconcile the “incommen- lecture at Mondale Hall, the University “Senator, may we not drop this? We text or social system” in which Joseph surability of paradigms” in law and of Minnesota Law School, on April 27, know he belonged to the Lawyers Guild. Welch was operating: American legal legal research? Particularly when West 2005, when he shared the six clearly Let us not assassinate this lad further, system. meets East, when common law meets thought-through personal values and Senator. You’ve done enough. Have And I hope this story will also make the “socialist legal system with Chinese principles that had guided his life: you no sense of decency, sir? At long you think about the reasons why you characteristics”? discrimination is wrong; service is last, have you left no sense of decency?” study law and why you want to become Perhaps we can. Perhaps we col- important; you have an obligation to McCarthy tried to ask Welch another a lawyer. u laborate to build, to exchange ideas, to teach; manipulation and exploitation question about Fisher, and Welch cut share knowledge, and to communicate are wrong; you should live a healthy him off: in the neutral language of the law. life; and, you should devote yourself “Mr. McCarthy, I will not discuss Read the paper online at In this course, we have identified to creating a few genuine love relation- this further with you. You have sat www.chinainsight.info the legal issues; read and learned case ships. His last lecture has become one within six feet of me and could have laws, statutes, regulations and rules; of the most cherished moments in the asked me about Fred Fisher. You have PAGE 16 > OCTOBER 2014 events www.chinainsight.info Chinese Heritage Foundation celebrates 10th anniversary By Elaine Dunn

The twin gates of understanding at the Bright Sheng (l) and Henry David Hwang entrance to A Passage to China at Mall of comment on their collaboration on Dream America of the Red Chamber opera The Chinese Heritage Foundation established. (CHF) will observe a milestone when it Individuals and families who have holds its annual open house on Sunday, contributed $1,000 or more become Oct. 12, 2014. It will be its 10th year! lifetime Founding Donors of the Chi- As noted on the CHF website, upon nese Heritage Foundation. All founding reaching her 80th birthday in 2004, donors, as is true of all annual donors, Ming Tchou reflected on the full and are eligible to serve on the Foundation’s rewarding life she and her husband had Advisory Committee and each has vot- led in Minnesota. She was grateful for ing privileges to elect the committee for all the opportunities and freedom they the following year. The designation of had found here and decided to give back Founding Donors will close at the end to the Minnesota community by estab- of 2014. Donations of $1,000 or more lishing a community-based foundation, received after that date will be known inviting the Chinese community to as Lifetime Sustaining Donors. participate in its running and operation. In its relatively short history, CHF The Inaugural Fund of the Founda- has awarded a total of 38 grants to a di- situation calls for. undertaken by CHF is the collaboration tion is an endowed fund, managed by verse group of artists and organizations. 2. Occasional Evenings – Every so with San Francisco Opera -- to commis- The Minneapolis Foundation, with A detailed list of grants can be found often, this committee hosts ‘A Leisurely sion and produce a new, contemporary grants of income restricted to the fund- on the CHF website, which includes Evening in a Chinese Home’ that offers opera based on the beloved 18th-century ing priorities listed below. an endowed CHF graduate fellowship opportunities for attendees to participate Qing Dynasty Chinese novel by Cao 1. Education. To promote the under- at University of Minnesota in the study in traditional Chinese games, intergen- Xuequin. Music will be by world re- standing of Chinese history, especially of history of WWII in China. It will be erational conversations, and ‘show and nowned Chinese-American composer that of the 20th century, and to encour- fully funded by the end of this year. This tell’ such as jade appreciation. Is yours Bright Sheng (Madame Mao, Silver age the study of Chinese literature. will ensure that there will always be a real or fake? River) and an English-language libretto 2. Arts and culture. To perpetuate and full-time graduate student in the Depart- 3. Special Events – CHFF also arranges by composer and Tony Award-winning to promote understanding of the rich- ment of History studying this neglected special events such as a dinner-dance Chinese-American playwright David ness and splendor of Chinese visual and period of Chinese history. with C. Y. Lee, a visit with Chinese actor Henry Hwang (M. Butterfly and Ching- performing arts, music, and culture, and CHF also created two awards: Chi- James Hong, a private lecture about the lish). This opera, to be sung in English, to encourage the development of new nese Minnesotan of Note, which honors Ricci Map at the Minneapolis Institute will have its world premiere in the fall artistic endeavors based on Chinese individuals who have had significant of Arts, plus exclusive book signings of 2016 by the San Francisco Opera. themes. impact on our community through their that have included Cathy Bao Bean, What are CHF plans for the future? 3. Chinese heritage. To encourage resi- vision and service; the Volunteer of the author of “The Chopstick Principle.” Pearl Bergad, CHF executive director, dents of Minnesota with Chinese lineage Year award, which encourages and 4. A Passage to China – Responding to said, “CHF hopes to continue to build to learn about their heritage. recognizes volunteerism at CHF. the mission of promoting mutual under- on and expand our current programs, 4. Chinese seniors’ well being. To pro- In addition to grant making, CHF standing between the greater Minnesota and to create new meaningful ones; to mote and to initiate programs tending to also engages in various activities man- community and the Chinese community, attract new volunteers/leaders to deepen the well-being of Chinese senior citizens aged by a separate entity, CHF Friends. CHFF in partnership with China Insight, our commitment to our mission; to build in Minnesota, such as providing Chinese CHFF has its own federal nonprofit created this interactive event at Mall of our endowment fund; to bring our com- meals, facilitating coming together, and status and is entirely volunteer-run. It America. For one weekend every April, munity together more often to further senior daycare programs. has a separate board of directors and the mall’s rotunda and Sears Court are our common goals of promoting mutual 5. Communication. To promote and several committees that manage the transformed with a festive Chinese understanding among all Minnesotans; facilitate the communication and mu- following activities. motif. Collaborating with more than and many more.” tual understanding between the Chinese 1. Calligraphy Committee – A team 40 Chinese organizations, mainstream Do plan to attend the open house! Get involved. Make new friends. . . u community and the Minnesota commu- of translators and calligraphers actively arts organizations and an army of com- nity at large. participate at Twin Cities festivals (from munity volunteers, many interactive Grants are reviewed and awarded by Blaine to Burnsville) and corporate activities and games offer attendees an Advisory Committee comprised of headquarters (Delta Airlines, General glimpses of Chinese culture, history, five members elected by contributing Mills, Target, Best Buy) to do name geography and entertainment. In the six donors. These members serve staggered translations, lectures on popular Chinese years at Mall of America, attendance has two-year terms. Annual elections are customs, and fortune-telling, if request- grown steadily. Mall officials estimated held in which current donors cast their ed. They also visit many schools, public attendance to be around 15,000 at the votes for the open seats. and private, from North Minneapolis 2014 event, and consider it to be one of The Foundation also welcomes to Normandale French Immersion in the best-organized and decorated events individuals to create donor-advised Edina. This flexible and multi-talented at the Mall. Members of CHF and staff from the funds under its umbrella. To date, six group has also done grandparent remi- 5. Dream of the Red Chamber. Un- University of Minnesota announce the such donor-advised funds have been niscences or arm tattoos, whatever the doubtedly the most ambitious project yet Graduate Fellowship at the U of M.