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Hao Jinsong 郝勁松

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Hao Jinsong
郝勁松
執業地點
Shanxi
現時執業狀態
Unable to practice
執業範疇
Consumer Rights
Public Interest Litigation
律師簡介

Born in Shanxi province, Hao Jinsong is a distinguished civil rights activist and legal professional in China, recognised for his steadfast advocacy for the rule of law and workers' rights. Transitioning from working in a bank to legal advocacy, he notably chose not to pursue a lawyer's certificate, allowing him to better focus on administrative lawsuits. He engaged in and advanced a series of public welfare rights protecting initiatives. Through initiating lawsuits against Chinese authorities over seemingly minor yet significant legal matters, Hao has brought attention to broader civil and labour rights issues, promoting the rule of law in China. Despite the commendations and media coverage he has received, his activism has faced severe challenges, including a severe nine-year prison sentence in 2023.

Timeline

2004: In September, Hao Jinsong filed a lawsuit against the Taxation Bureau for failing to address his complaint about the Beijing Railway Administration's refusal to issue tax receipts for his train ticket purchases. He then challenged the Beijing Subway for not providing tax receipts for toilet fees. Although minor at first glance, they gained significant media attention and were seen as a legal test challenging the government in mainland China. These cases set precedents for how the legal system can be used to regulate government activities.

2005: Hao was recognised as one of “2005 China's Top Ten Legal Figures”. The state media outlet, Legal Daily, honoured him as one of the "2005 Rule of Law News Figures of the Year". The cases he was involved in were also acknowledged as one of the "2005 China Top Ten Cases" on the China Court website, and "2005 China Top Ten Influential Litigations" by Legal Daily.

2006: Hao challenged the Ministry of Railways over an unjustified ticket price increase without prior public consultation. Although he lost the case, the price hike was eventually revoked, with various media outlets recognising Hao's commitment to public interest defence. During this year, he was also named "2006 Top Ten Consumer Rights Protection Figures" by China Consumer Daily, and featured in the "Rule of Law Affecting China · 2006 China Rule of Law Blue Book" by Prosecutorial Daily.

2008: Hao was listed among the "2008 China Charm Top 50 People" by Southern People Weekly.

2009: Has became involved in a case concerning entrapment by public security officers in Shanghai.

2010: Time Weekly named him one of the “100 People Influencing China's Progress in 2010”.

2017: Hao filed a legal complaint with a government environmental office in Shanxi Province regarding pollution caused by a local garment factory.

December 2019: After being summoned three times by a police station in Shanxi for "picking quarrels and provoking trouble", Hao was detained for 15 days under provisions of the Anti-Terrorism Law in China.

2 January 2020: Following the end of his administrative detention, he was criminally detained on suspicions of inciting quarrels and transferred to Wutai County Detention Centre. Later developments saw new charges added, including defamation and fraud, culminating in a trial in December 2020. By 20th July 2023, Hao had been sentenced to a total of 9 years in prison, marking over 1200 days of detention at that point.

Latest Update

Following over 1200 days of detention, Hao Jinsong was found guilty of fraud and “inciting quarrels and provoking trouble” on 20 July 2023, receiving a cumulative prison sentence of nine years.

A distressing complaint report submitted by Hao's defence lawyers in August 2023 detailed physical abuse and torture inflicted upon him while in detention. According to the complaint, Hao suffered degrading treatment, including forced hair shaving and physical assaults that resulted in severe injuries and clothing stained with blood.

On 14 October, 2023, Hao Jinsong's wife, Xu Jie, wrote an open letter to Zhang Jun and Ying Yong, the presidents of the Supreme Court and Supreme Procuratorate respectively. She highlighted potential police misconduct and physical injuries suffered by Hao Jinsong during his detention in 2021 and 2022, including brutal beatings and abuse. The letter also emphasises that his representation of ordinary citizens in legal cases is a legitimate legal right and not an act of fraud, which was the main charge against him.

A distressing complaint report submitted by Hao's defence lawyers in August 2023 detailed physical abuse and torture inflicted upon him while in detention. The complaint detailed the following alleged incidents: On June 4, 2021, at approximately 10 a.m., at the Wutai County Detention Center (五台縣看守所),  police officers Bai Huanzhu (白還柱) and Zhang Yazhang (張亞彰) took Hao Jinsong to a dining room devoid of any surveillance. Bai Huanzhu took it upon himself to forcefully restrain Hao Jinsong on the bed, using his knee to press against the back of his neck for nearly a minute. The attack stemmed from an accusation alleging Hao Jinsong's mismanagement of Cell No. 9, where a fight had occurred on June 3.

On March 25, 2022, around 9 a.m., Hao Jinsong endured a brutal incident at the Xinzhou City Detention Center (忻州市看守所). The altercation started because Hao Jinsong refused to shave his head. Gao Yuhong (高玉红), Qu Biao (曲彪), and Li Ruiyuan (李瑞元) were all named in relation to the incident. Qu Biao forcefully threw Hao Jinsong headfirst, before Gao Yuhong stepped on his head. In a degrading act, Li Ruiyuan removed Hao Jinsong's pants and further humiliated him. Multiple individuals participated in punching and kicking him, before using a baton to strike his buttocks over 20 times, resulting in severe injuries. As a result, Hao Jinsong's underwear was stained with blood.

On 23 August, 2023, an indictment against the police officers at the Xinzhou City Detention Center in Shanxi Province was delivered to the Shanxi Xinzhou People's Procuratorate (忻州市人民檢察院).

On 14 October, 2023, Hao Jinsong's wife, Xu Jie, wrote an open letter to Zhang Jun and Ying Yong, the presidents of the Supreme Court and Supreme Procuratorate respectively. She highlighted potential police misconduct and physical injuries suffered by Hao Jinsong during his detention in 2021 and 2022, including brutal beatings and abuse. The letter also emphasises that his representation of ordinary citizens in legal cases is a legitimate legal right and not an act of fraud, which was the main charge against him.

On 19 October, 2023, a report revealed that following the appeal of his case at the Xinzhou Intermediate People's Court, the lawyer has been consistently pressured to submit a defense statement. According to Guangzhou lawyer Sui Muqing, once Hao Jinsong's case reached the Xinzhou Intermediate People's Court for the second-instance appeal, the presiding judge, Xu Fei, continuously urged the lawyer to submit a defense statement. Recently, both lawyers and family members have requested that the second instance of the trial be held in public and live-streamed online. However, these requests have been denied by the Xinzhou Intermediate People's Court. The Xinzhou Intermediate Court seems to seek to swiftly resolve the case through written means.

相關罪名
Fraud, Inciting Quarrels and Provoking trouble
關押地點
Shanxi Province, China
現時拘留狀態
Detained
相關案件 / 資料
Arbitrary Detention, Torture, and Cruel, Inhuman, Degrading Treatment and Punishment
曾代理案件資料一覽