The following information concerns the stated policy of the Chinese government with respect to the penalties faced by ordinary Falun Dafa (Falun Gong; Falungong) practitioners as opposed to leaders, and the implementation of that policy. This issue is complicated as Falun Dafa sources deny that there is any "Falun Dafa organization" or that there are Falun Dafa leaders, stating instead that all persons involved are simply practitioners (Falun Dafa, n.d.). For general information concerning the campaign of the Chinese authorities against Falun Dafa (Falun Gong; Falungong) practitioners, including reports of sentences imposed on Falun Dafa practitioners, please consult CHN33180.EX of 26 November 1999 and CHN33255.EX of 15 December 1999.

Official policy statements

In August 1999, shortly after the official banning of Falun Dafa (Falun Gong; Falungong) on 22 July 1999, the Chinese government issued a number of statements through state media and official spokespersons to the effect that ordinary practitioners of Falun Dafa would not receive harsh punishment:

On 2 August 1999 AFP quoted a commentary in Xinhua:

'The majority of Falun Gong practitioners who have broken away from the illegal organizations should be reunited with society and educated. ... A clear line of demarcation needs to be drawn between the ordinary practitioners and the core organizers and propagandists of Falungong. ... Between ordinary core members and the small number of behind-the-scenes plotters and organizers who harbor political intentions; between those people who have realized their mistakes and wish to correct them and the diehards. ... And between those who did wrong before the central authorities' ban and those who did so afterwards.'

On 24 August 1999, the New York Times, citing Xinhua, reported that the Central Committee of the Communist Party and the Cabinet had issued a statement calling for the severe punishment of Falun Dafa "core members"; adding, however, that "only a 'tiny minority' of Falun Gong followers would be charged with crimes" and that "most Falun Gong practitioners will be forgiven" if they do not continue to practise (ibid.; Reuters 24 Aug. 1999; AFP 26 Aug. 1999).

A 10 September 1999 column in the Renmin Ribao (People's Daily) alludes to differential treatment of Falun Dafa practitioners based on whether the practitioner in question has repented and abandoned all Falun Dafa activities:

As everyone knows, in the course of dealing with the 'Falun Gong' problem ... we have resolutely exposed and cracked down on Li Hongzhi and his diehard elements; whereas for the hoodwinked practitioners in general, we have devoted the greatest effort and patience to helping and rescuing them, and have persisted in educating, uniting, and extricating the majority of them. We must, however, maintain a high degree of vigilance, and punish according to law and resolutely crack down on those diehard elements who regard patience as weakness, refuse to repent, and continue to do evil things; this has always been our constant guideline which has long been known to all.

A 15 October 1999 Xinhua report cited a circular issued by the State Council General Office on the "Practice of Falun Dafa by Civil Servants" that was also to be used as a reference for workers in state-owned enterprises. The circular, like the 2 August 1999 Xinhua commentary cited above, indicates that distinctions are to be drawn between: "ordinary core members" and "behind-the-scenes plotters" with political ambitions; persons who have renounced Falun Gong and those "so infatuated with superstition that they refuse to awake and go straight"; and those who participated in Falun Dafa activities prior to the ban but subsequently ceased and those who continued or began Falun Dafa practice after the ban.

The circular indicates that no action should be taken against members who repent fully and "expose" Falun Dafa, even if they had participated in illegal assemblies in the past. However, civil servants who do not repent face an escalating scale of measures:

Those in any of the following categories should be punished severely in line with the "Interim Civil Servant Regulations" and pertinent provisions.

1. As to civil servants who participated in illegal "Falungong" assemblies or other mass actions, played an ordinary core role in the "Falungong" organization and, after the Party Central Committee decided that Communists may not practice "Falun Dafa," and the concerned departments made the pertinent decisions and issued the pertinent notices and circulars, still refuse to go straight after repeated indoctrination, based on the severity of the case, we will punish them respectively through warnings, putting a mistake in their records, and putting a major mistake in their records.

2. As to civil servants who were core elements who had an evil influence in illegal "Falungong" assemblies or other mass actions, and still refuse to go straight after repeated indoctrination, based on the severity of the case, we will punish them respectively through demotion, dismissal, or expulsion from the Party.

3. And as to civil servants who had political motives, plotted and organized illegal "Falungong" assemblies, severely undermined social order, and affected social stability, we will punish them through expulsion.

The circular repeats the need to distinguish between practitioners on the basis of their role in the "'Falungong' organization:"

When subjecting civil servants who practiced "Falun Dafa" to administrative punishment, we must look not merely at the position that they held in the "Falungong" organization, but rather mainly at the real role they played in the "Falungong" organization and their stance in admitting their mistakes and going straight. Except for a handful of behind-the-scenes plotters and organizers, who had political motives and were determined to cause chaos and who must be punished harshly, the rest will not be punished through expulsion. As to those who have a good stance in admitting their mistakes and winning merit, we can deal with them leniently or very leniently and, in the less serious cases, exempt them from any punishment. But as to those who do not take a good stance in admitting their mistakes, persist in their error, and have an evil influence, we will punish them severely or with added severity. As to those who are unsuited to their current positions, we will make the necessary adjustments. As to those who, since 22 July, have refused to go straight after repeated indoctrination, violated Public Security Ministry notices, and continued to incite, collude in, plot, manipulate, organize, and participate in illegal assemblies, we will punish them with added severity. And as to those who, upon repeated indoctrination, still come to Beijing to engage in illegal assemblies, we should also punish them with added severity.

Reports of punishment of Falun Dafa practitioners and leaders

Below are examples of media reports indicating that Falun Dafa practitioners may face criminal as opposed to administrative punishment if they are alleged to have: occupied a leadership role, publicized Falun Dafa through the Internet or print publications, "leaked state secrets" about the campaign against Falun Dafa or were high ranking officials. For general information concerning criminal and administrative punishments in China, please consult CHN32514.E of 28 July 1999.

On 12 October 1999 AFP reported that a man from Jilin province in Northeast China who had established a Falun Dafa Website had been charged with inciting subversion, a crime carrying a maximum penalty of life imprisonment [Article 105, Criminal Law of the People's Republic of China 1997]. The 12 October 1999 AFP report, citing the China Women's News, also stated that five others had been charged with gathering a crowd to disturb social order [maximum penalty 10 years; Article 290, Criminal Law 1997] and printing illegal publications. One of those arrested, Xu Yinquan was reportedly a deputy director of a division of the public security bureau in the city of Changchun, Jilin province. No further information regarding the outcome of these charges could be found among the sources consulted by the Research Directorate.

In late October 1999, the state-owned Xinhua news agency reported that Falun Dafa practitioners had been accused of stealing state secrets (25 Oct. 1999). The report describes a number of cases in which Falun Dafa practitioners in Beijing, Shandong, Hebei and Sichuan provinces are alleged to have illegally obtained and distributed documents related to the government's campaign against Falun Dafa [maximum penalty 10 years; Article 282, Criminal Law 1997]. No further information regarding the outcome of these charges could be found among the sources consulted by the Research Directorate.

Also in late October 1999, new legal measures and a new interpretation of Article 300 of the Criminal Law were announced as part of the campaign against Falun Dafa (BBC 31 Oct. 1999). The complete texts of the relevant resolutions are attached to CHN33180.EX of 26 November 1999.

The most prominent trial of Falun Dafa practitioners concluded on 26 December 1999 with four alleged leaders handed sentences of between 7 and 18 years (Xinhua 26 Dec. 1999; BBC 27 Dec. 1999). The four, Li Chang, Wang Zhiwen, Ji Liewu and Yao Jie were charged under the new legal measures and interpretation of Article 300 of the Criminal Law announced in late October 1999 and with "stealing state secrets" (ibid. 31 Oct. 1999). According to Xinhua, the court showed leniency to those who had confessed and, to an extent, repented, who nevertheless received sentences of 18 and 7 years (Xinhua 26 Dec. 1999; BBC 27 Dec. 1999). According to the BBC the four were all members of the Communist Party "holding positions of influence in government or business" (ibid.).

Also in late December, two Falun Dafa practitioners in Shandong province received three year sentences of "forced labour" for publicizing the death of a practitioner in custody according to the Hong Kong-based Information Centre of Human Rights and Democratic Movement in China (ICHRDMC) (AFP 29 Dec. 1999).

Also according to ICHRDMC, a husband and wife in the central China city of Wuhan, Wang Hanshen and Xu Xianglan, were sentenced to six and eight years respectively for printing Falun Dafa materials (AFP 6 Jan. 2000). According to ICHRDMC, Xu received the heavier sentence because "she was also chief of the Wuhan Falungong training station" (ibid.). The same report states that "More than 36,000 people have been detained. ... Most of them have been released but thousands are believed to have been sent to labour camps while many of the group leaders have been sent to prison for more than ten years."

On 14 January 2000 it was reported that another prominent official, retired Air Force General Yu Changxin, had received a 17 year sentence for "using a cult to undermine the law" (BBC 14 Jan. 2000). According to the ICHRDMC, as of 14 January, 300 Falun Dafa "leaders" faced trial and 5,000 had been sent to undergo re-education (ibid.).

Non-governmental organizations have also commented on the treatment of Falun Dafa practitioners. A press release issued by Human Rights in China following the July 1999 ban on Falun Dafa noted that "in certain cases police have been seen to use excessive force in arresting people engaging in non-violent demonstrations" (23 July 1999).

An Amnesty International report of 22 October 1999 contains accounts of alleged torture and mistreatment in police custody of Falun Dafa practitioners in the provinces of Shandong, Liaoning, Hunan, Jilin and Beijing Municipality. One of the persons described in the report is alleged to have been a publisher of Falun Dafa materials and another an organizer of a petition; however, many appear to have been ordinary practitioners who had been arrested while practising in public parks. The complete Amnesty International report is attached to Response to Information Request CHN32861.E of 23 November 1999.

In a press release condemning the sentences handed down in December 1999, Human Rights Watch reported that "By the Chinese government's own count, some 150 members of Falun Gong have been formally arrested; many others have been sent to labor camps after being administratively sentenced without trial" (27 Dec. 1999).

No further information concerning the treatment of ordinary practitioners as compared to treatment of alleged leaders and other prominent practitioners could be found among the sources consulted by the Research Directorate.

Falun Dafa in Fujian Province

No information regarding Falun Dafa in Fujian province, including information regarding the treatment of practitioners, additional to that found in CHN33255.EX of 15 December 1999 could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Response.

References

Agence France Presse (AFP) [Hong Kong, in English]. 6 January 2000. "PRC Jails Falungong Chiefs for Book, Poster Printing." (FBIS-CHI-2000-0106 6 Jan. 2000/WNC)

_____. 29 December 1999. "Falungong Members Jailed for Publicizing Death." (FBIS-CHI-1999-1229 29 Dec. 1999/WNC)

_____. 12 October 1999. "Fungong Web Site Creator Charged with Subversion." (FBIS-CHI-1999-1012 12 Oct. 1999/WNC)

_____. 26 August 1999. "PRC Likely to Put Falungong Leaders on Trial." (FBIS-CHI-1999-0826 26 Aug. 1999/WNC)

_____. 2 August 1999. "Beijing Urges Falungong Members to Renounce Belief." (FBIS-CHI-1999-0802 2 Aug. 1999/WNC)

Amnesty International. (AI). 22 October 1998. "People's Republic of China: Reports of Torture and Ill-Treatment of Followers of the Falun Gong." (AI Index ASA 17/54/99). London. Amnesty International.

BBC World Service. 14 January 2000. "General Jailed for Falun Gong Links." http://news.bbc.co.uk [Accessed 18 Jan. 2000]

_____. 27 December 1999. "US Warns China Over Falun Gong Trials." http://news.bbc.co.uk [Accessed 18 Jan. 2000]

_____. 31 October 1999. "Falun Gong Leaders Charged." http://news.bbc.co.uk [Accessed 21 Jan. 2000]

Falun Dafa. n.d. "There is No Organization in the Cultivation of Falun Dafa." http://www.falundafa.org/fldfbb/noorganization_eng.html [Accessed 29 Dec. 1999]

Human Rights in China. 23 July 1999. "Press Release: Crackdown on Falun Gong Demonstrates Clear Violations of Human Rights." http://www.HRIChina.org/pr/english/990723.html [Accessed 20 Jan. 2000]

Human Rights Watch (HRW) [New York]. 27 December 1999. "United Nations Must Censure China for Rights Violations." http://www.hrw.org/hrw/press/1999/dec/china1227.html [Accessed 20 Jan. 2000]

New York Times. 25 August 1999. Seth Faison. "Subversion Trials Due for Leaders of Sect in China." (NEXIS)

Renmin Ribao [Beijing, in Chinese]. 10 September 1999. Shi Nan. "Falungong Goes Underground." (FBIS-CHI-1999-0910 10 Sept. 1999/WNC)

Reuters Business Briefing. 24 August 1999. Benjamin Kang Lim. "China to Prosecute Falun Gong Leaders."

Xinhua [Beijing, in English]. 26 December 1999. "Further on 4 Falungong Members Sentenced to Prison." (FBIS-CHI-1999-1226 26 Dec. 1999/WNC)

_____. [Beijing, in Chinese]. 25 October 1999. Wang Leiming. "Falungong Said to Disclose State Secrets." (FBIS-CHI-1999-1025 25 Oct. 1999/WNC)

_____. [Beijing, in Chinese]. 15 October 1999. "Government on Workers Practicing Falungong." (FBIS-CHI-1999-1015 15 Oct. 1999/WNC)

Additional Sources Consulted

China Rights Forum [New York]. 1999.

IRB databases

Unsuccessful attempts to contact oral source.

Internet sites including:

Amnesty International

Falun Dafa Websites

Fuzhou Ribao

Fuzhou Wanbao

Fujian Ribao

Human Rights Watch

Newsroom [online database archive of news regarding religious freedoms]