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Taming the Triads: Organised Crime Offences in PR China, Hong Kong, and Macau（1） |
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Taming the Triads: Organised Crime Offences in PR China, Hong Kong, and Macau（1）
Hong Kong Law Journal 2008
Andreas Schloenhardt [FNa1]
Copyright © 2008 by Sweet & Maxwell Asia; Andreas Schloenhardt
This article analyses the organised crime laws of mainland China, Hong Kong, and Macau. It examines offences for the participation in criminal organisations and equivalent offences penalising the existence and operation of organised crime under local laws. The aim of this article is to assess the adequacy and efficiency of the existing provisions in these three jurisdictions, and develop recommendations to make these provisions more effective in the prevention and suppression of organised crime.
Introduction
Organised crime has a long history in China. Triads have existed in Chinese societies for centuries and have also spread to other countries in the region and further afield. Moreover, many other criminal organisations, including Colombian drug cartels, Italian and Russian mafias are well established in the region. Vietnamese organised crime operates throughout Southeast Asia, and West African criminal groups are increasing their presence in China and elsewhere in the Asia Pacific.
Despite the omnipresence of criminal organisations in the region, the concept of organised crime remains contested and there is widespread disagreement about what organised crime is and what it is not. Generalisations about organised crime are difficult to make. Defining organised crime has been a long-standing problem for criminologists, legislators, law enforcement agencies, and others in the field.
The Convention against Transnational Organised Crime, opened for signature in Palermo, Italy, in 2000, seeks to reconcile differences over the *646 meaning of organised crime, propose a universal concept of this phenomenon, and provide Signatories with a set of legislative and practical tools to prevent and suppress organised crime more effectively. Article 2(a) of the Convention defines "organised criminal group" as:
"[a] structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit."
Today, the Convention has 147 Signatories; 147 countries have ratified it. [FN1] China signed the Convention against Transnational Organised Crime on 12 December 2000; it was adopted by the Standing Committee of the National People's Congress on 27 August 2003 and the application of the Convention has also been extended to Macau and Hong Kong.
This article analyses the organised crime laws of mainland China, Hong Kong, and Macau. It examines offences for the participation in criminal organisations and equivalent offences penalising the existence and operation of organised crime under local laws. The aim of this article is to assess the adequacy and efficiency of the existing provisions in these three jurisdictions, and develop recommendations to make these provisions more effective in the prevention and suppression of organised crime. This article only concerns itself with laws designed to prevent and suppress organised crime committed for economic or other benefit; it does not analyse laws designed to combat ideologically motivated crime such as terrorism.
1 China
1.1 Context and Background
1.1.1 Patterns of organised crime in China
Organised crime has been present in China for many centuries and many Chinese triads are based on traditions and networks that have their origin in imperial times. It is documented that triads first emerged in the 12th century and were well established throughout China during the Qing dynasty (1644-1911). The triads also exercised significant political influence during the Mongol occupation in the 1200 and 1300s and, more recently, during the Boxer rebellion of 1899-1901 and the 1911 revolution. Dr Sun Yat-Sen, founder of the Republic of China, was himself a triad member, and General Chiang Kai-shek and the KMT nationalist movement were also strongly supported by secret societies, including the so-called "Green Gang", which later retreated with Chian Kai-shek to Taiwan (Chinese Taipei). [FN2]
After the Communists seized power in 1949, triads and other criminal syndicates were largely eradicated. [FN3] Starting in the 1950s, the Government in Beijing launched several campaigns to systematically suppress the triads and their influence. These campaigns frequently involved great numbers of arrests and executions and also forced many syndicates to shift to Hong Kong, Macau, and Taiwan. [FN4]
The transition from a centralised planned economy to a socialist market economy that began in China in 1978 under Deng Xiaoping brought with it new levels of organised crime. The economic reforms were also accompanied by rising unemployment in some parts of the country and by a breakdown of social-control mechanisms throughout China. These developments led to a resurgence of domestic syndicates and also to a greater influx of criminal organisations from Hong Kong, Macau, and abroad. These groups try to infiltrate China and take advantage of its rapid modernisation and economic growth. [FN5] Moreover, there are frequent reports of criminal organisations receiving protection or active collaboration from corrupt government officials. This problem is exacerbated by the "political manipulation of the market" where "[m]any officials who hold power in the allocation of resources are ready to sell their power to criminal gangs in exchange for material benefits." [FN6]
It is said that in the 1980s, organised crime initially emerged in the southern Guangdong, Hainan, and Hu'nan provinces and later gradually spread north and west across the country. [FN7] Among the most notorious groups are the 14K, [FN8] Wo Shing Tong, and Sun Yee On groups from Hong Kong and Macau, and several groups that spread from Taiwan into Fujian province. [FN9] According to some statistics, in the late 1980s approximately 30,000- 40,000 criminal organisations were known to police, and some 150,000 members of criminal organisations were arrested annually. These figures grew dramatically in the mid 1990s when on average 140,000 gangs were uncovered, 530,000 gang members captured, and 390,000 cases dealt with each year. [FN10] Other sources report that "over the past 20 years, mafia-style gang crime has increased sevenfold". [FN11]
This apparent surge in organised crime activity led to the adoption of a new policy and enforcement campaign in 2001 known as "Yanda zhengzhi douzheng", or "Strike Hard and Rectification Struggle". This strategy focuses specifically on three categories of criminal activity including crimes committed by large mafia-style criminal syndicates and other organised criminal groups. The two key features of the "Yanda" policy are severity of punishment (including heavy mandatory punishment) and swiftness in the criminal process dealing with criminals. [FN12]
1.1.2 Criminal Law in China
The Criminal Law of the People's Republic of China, China's principal criminal law statute, was first introduced in 1979, following a period that had no comprehensive codification of the criminal law. The current Criminal Law was introduced in 1997 and was part of an extensive reform of China's criminal justice system, substituting the Criminal Law 1979 which had become largely obsolete. [FN13]
Prior to the reforms of 1997, China's criminal law only contained provisions that rudimentary dealt with organised crime. In former Article 22 the Criminal Law 1979 (China) followed European and particularly Soviet criminal laws by creating liability for complicity, ie "a crime committed jointly and intentionally by two or more persons". This general provision was ill-suited to criminalise organised crime. [FN14] The reference to ringleaders "who perform the role of organising, planning, and leading criminal groups or criminal assemblies" in former Article 86 was relevant only for counter-revolutionary offences. Chinese scholars remarked that: "these provisions could not be effectively used to punish offenders, who either actively participated in or led and actively organised a criminal organisation, but who could not be proven to have carried out specific criminal acts." [FN15]
China's current criminal law differentiates between two types of criminal association: criminal groups and criminal organisations of a triad/syndicate nature. Since the amendment in 1997, the Criminal Law contains two provisions relating to these two types of organised crime: The first one, Article 26 is a general extension of criminal liability for cases involving "criminal groups" (see Section 1.2 below). The second provision, Article 294, is a specific offence for large criminal syndicates ("criminal organisations with an underworld character"; see Section 1.3). [FN16]
1.2 Extension of criminal liability
Article 26 Criminal Law 1997 (PRC) extends liability for principal offences to certain members, associates, and leaders of criminal groups. This provision is part of Chapter III, Section 2 which sets out the general principles of criminal liability for joint crimes; in contrast to Article 294, the principles in Article 26 are not a specific offence; they apply to all offences under the Criminal Law 1997 (China).
Article 26 Criminal Law 1997 (China)
A principal criminal refers to any person who organises and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.
A criminal group refers to a relatively stable criminal organisation formed by three or more persons for the purpose of committing crimes jointly.
Any ringleader who organises or leads a criminal group shall be punished on the basis of all the crimes that the criminal group has committed.
Any principal criminal not included in Paragraph 3 shall be punished on the basis of all the crimes that he participates in or that he organises or directs.
Paragraph 2 of this article defines the term "criminal group" as an organisation of three or more members with a "relatively" firm structure and with the purpose to jointly commit criminal offences. The concept of criminal group in Article 26 is very simple: the only requirements are three or more persons who are somewhat organised and who plan to jointly commit criminal offences. The definition is not limited to a specific nature of planned offences and there is no requirement that any offences are actually committed. In comparison to other definitions of criminal group and criminal organisation, the Chinese model is much looser and broader. It has been observed that:
"[m]any ordinary crimes committed by more than two offenders, which are not considered criminal in the Western context, are regarded in China as organised crime, and such crime has often attracted severe punishment under the Criminal Law 1997." [FN17]
It needs to be noted, however, that leading, organising, participating in or being a member of a criminal group (within the meaning of Article 26) are not criminal offences in their own right. The chief purpose of Article 26 is to hold organisers and other ringleaders criminally responsible as principals for any actual offences committed by a criminal group. [FN18] This Article thus extends liability beyond the usual parameters of complicity and conspiracy. But more importantly, Article 26(3) and (4) ensure that ringleaders and other directors of criminal groups face the same penalty as those actually carrying out the crimes. Ronald Keith and Zhiqui Lin note that "the underlying intention of Article 26 was to punish severely all of the individuals involved in criminal organisations." [FN19]
1.3 Offence for Criminal Syndicates, Article 294
Article 294 Criminal Law 1997 (China) was introduced in 1997 as part of China's systematic campaign to suppress organised crime. [FN20] The article contains a special offence relating to criminal syndicates.
Article 294 Criminal Law (China)
Whoever organises, leads, or takes an active part in organisations in the nature of criminal syndicate to commit organised illegal or criminal acts through violence, threat or other means, such as lording it over the people in an area ["plays the tyrant in a locality"], perpetrating outrages, bullies and oppresses or cruelly injures or kills people, thus seriously disrupting economic or social order shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Members of foreign criminal organisations ["the mafia abroad"] who recruit members within the territory of the People's Republic of China shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Whoever, in addition to the offences mentioned in the preceding two paragraphs, commits any other offences shall be punished in accordance with the provisions for several crimes.
Any functionary of a State organ who harbours an organisation in the nature of criminal syndicate or connives at such an organisation to conduct criminal activities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
1.3.1 Criminal organisations of a syndicate/triad nature
The offence under Article 294 Criminal Law 1997 (China) applies only to large criminal organisations with a syndicate, triad or "underworld" character. Article 294 does not further define the meaning of "organisation in the nature of criminal syndicate." In the literature, the term has found a variety of translations such as "underworld character" and "triad types".
From a perspective outside, it is difficult to draw a clear line between the term "criminal group" used in Article 26 and the criminal syndicates referred to in Article 294. It is perhaps more useful to see this as a continuum of criminal organisation in which the latter type is generally understood as the more serious and more powerful organisation: "In China the criminal syndicate is seen as the ultimate representation of organised crime." [FN21] Chinese authors have explained the type of organisation referred to in Article 294 as "underworld crime", [FN22] "the union of criminal organisation or an organised criminal network". Underworld crimes are seen "as the most serious organised crime [that] have a larger scale of organisation and cause more serious harm than the formal organised crime organisation." [FN23] Ding Mu-Ying & Shan Chang Zong define underworld crimes as: "[A] criminal organisation having a long-term target, a hierarchy, rules and stable members, with the aim of pursuing economic interests, committing crimes by means of intimidation, violence and bribery." [FN24]
Zhang Xin Feng notes that local criminal groups generally are more loosely structured based on family and kinship (frequently referred to as guanxi) [FN25] that can often be found in rural areas. [FN26] Triad syndicates, in contrast,
"usually assign explicit organisers and ringleaders, with stable principals above a huge membership. They are patriarchally bound with stringent rules and discipline and are armed with both weapons and advanced means of communication. They commit crimes such as murder, robbery, hostage-taking, rape, extortion, and trafficking in drugs and merchandise. In certain metropolitan areas, they have gone from such predatory crimes as over robbery, kidnapping and extortion to covert dealings such as producing and trafficking in drugs, snake-heading illegal immigrants, smuggling, fraud, the ownership of casinos, and prostitution." [FN27]
Scholarly opinion remains divided over the interpretation of this term. In 2000, the Supreme People's Court offered some direction by issuing a set of "Explanations for the Applications of Law Concerning the Adjudication of Cases Involving Criminal Organisations with a Triad Nature." [FN28] The key requirements of this document are set out in the following table.
Figure 1 Interpretation of "Criminal organisation of a syndicate nature",
Article 294(1) Criminal Law 1997 (China) [FN29]
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Elements Criminal organisation with a syndicate/underworld/triad nature
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Structure • Tightly developed organisational structure that comes with
internal rules of conduct and discipline, a significant
membership, the presence of leaders, and long-standing members.
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Activities • Bribery, threatening, inducing or forcing state functionaries to
participate in the organisation's illegal activity and to provide
illegal protection;
• Use of violence, or the threat of violence, and disruption as it
engages in racketeering and the monopolising if commercial
establishments, organising violent brawls, trouble making,
physical assault of innocents, and other criminal activities that
seriously undermine social and economic order.
-------------------------------------------------------------------------------
Objectives • Financially independent and the purpose of its criminal activity
is financial gain.
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These "explanations" provided by the Supreme People's Court combine elements relating to the structure and activities of criminal syndicates with a requirement reflecting their economic objective.
Structure
To fall within the scope of Article 294, it is necessary to prove that the criminal syndicate has firm organisational structures, clear hierarchies, a pool of members, and one or more leaders. This reflects the generally held view that "[c]riminal syndicates in PR China normally have a specific leading group with a fixed core, rigorous internal duty division and strict discipline." [FN30] It also marks a difference to criminal groups within the meaning of Article 26 which includes small and loose associations. [FN31]
According to Mu Ying and Chang Zong, the hierarchical organisation of "underworld" syndicates "is the most important feature":
It shows in three aspects: (1) the organising activities and plans are long-term and the members are stable and obstinate; (2) the criminal organisation has a hierarchy in which the subordinates are obedient to superiors, who usually do not commit crimes directly in order to avoid being accused; (3) there are certain rules inside. [FN32]
Article 294 has been specifically tailored to suit the organisational model used by Chinese triads. The structural requirements also fit Mafia-type groups and even outlaw motorcycle gangs with strong hierarchies and a clear division of ranks and duties. This model, however, does not accommodate loose networks of individuals that act in concert but are not bound by formal rules and membership.
Activities
According to the Supreme People's Court's explanations, criminal syndicates are characterised by two activities. First, it is required that they engage in one of several violent or coercive activities. Second, it is necessary to show that the syndicates collaborate with government officials by way of corruption or coercion.
The first of these elements refers to activities commonly associated with organised crime, including, for example, threats, violence, monopolising criminal markets, or controlling geographical areas. [FN33] The use of threats and intimidation are used by criminal organisations as enforcement tools. The creation of fear is a way to maintain order and discipline, to prevent disobedience and also to facilitate the conduct of the organisations' criminal activities. Intimidation and violence are crucial instruments for resolving conflicts, silencing potential witnesses and eliminating business rivals and law enforcement agents who interfere with the criminal organisations' operations. [FN34]
The second activity of "criminal organisations of a syndicate nature" is the involvement of government officials ("state functionaries") who are bribed, threatened or otherwise forced to support the criminal organisation. While corruption and bribery are common phenomena associated with organised crime and are also well documented in China, this requirement has often been difficult to establish in practice. Keith and Lin note that in some cases it has been impossible to prove the involvement of state officials in the syndicate and accordingly the criminal organisation could not be prosecuted under Article 294. [FN35] Due to these outcomes, on 28 April 2002 the Standing Committee of the National People's Congress issued legislative interpretations stating that "while state functionaries can be members of a criminal organisation, this is not a necessary element that determines the existence of such organisation." [FN36]
Objectives
The fourth and final element of the Supreme People's Court's explanations relates to the criminal syndicates' objective: The purpose of the criminal syndicate must relate to financial or other material benefit. The court held that criminal syndicates of a triad nature have to be "financially independent and the purpose of its criminal activity is financial gain" (see Figure 1 above). "The basic object of underworld crime", note Mu-Ying and Chang Zong,
"is to pursue economic interests, but not political aims [ ... ]. In order to meet this [objective], they usually (1) provide illicit goods and services to reap colossal profits such as trafficking drugs and controlling prostitution, etc; (2) commit some plundering activities such as large scale stealing, robbing, blackmailing and collecting '[protection] fees', etc; (3) use the [proceeds of crime] to infiltrate the legal commercial areas with potential profits, but the means they use are usually illegal." [FN37]
1.3.2 Organising, leading, participating in a criminal syndicate
Article 294 creates three separate offences for persons associated with criminal organisations of a syndicate nature:
• organising, leading or participating in this type of criminal organisation, para [1];
• entering China to develop or spread foreign criminal organisations, para [2]; and
• harbouring or conniving these organisations, para [4]. [FN38]
Article 294(1)
The first and principal offence under Article 294 creates criminal liability for key leaders and participants of criminal organisations, punishable by up to ten years imprisonment. Lower ranking members and associates of criminal syndicates face so-called "principal punishments" [FN39] of up to three years fixed-term imprisonment, [FN40] criminal detention (of up to six months), [FN41] public surveillance, [FN42] or "supplementary punishment" [FN43] by deprivation of political rights. [FN44]
Under Article 294(1), it is an offence to organise, lead, or actively participate in a criminal syndicate. In contrast to Article 26, leading, organising, participating in -- and also being a member of a criminal syndicate ("other participants") -- are offences in their own right. [FN45]
The offence requires proof of two (physical) elements relating to the nature of the organisation ("criminal organisation of a triad nature") and to the type of involvement ("organising, leading, taking an active part in"). Further, it is necessary to show that an accused participated in or organised the syndicate in order "to commit organised criminal or illegal acts through violence or other means" which may "seriously disrupt economic or social order". Article 294(1) features a non-exhaustive list of criminal activities including, for example, injuring or killing people, or controlling a geographical area by way of extortion ("playing the tyrant in a locality"). Liability under China's Criminal Law 1997 is limited to intentional acts (unless liability for negligence is specifically provided). [FN46]
As mentioned before, higher penalties apply for key organisers, leaders, and active participants, while lower penalties are provided for other participants. The Supreme People's Court further ruled that:
Ordinary members of criminal organisations with a triad nature who only take part in the criminal organisation due to 'threats or deception' and who have not committed any crime are not deemed guilty of the crime of participating in a criminal organisations with a triad nature. [FN47]
The Court also held that government officials "who lead, organise, or participate in a criminal organisation with a triad nature will be more severely punished than an ordinary citizen who commits the same crime." [FN48]
Article 294(2)
In the second paragraph of Article 294, Chinese criminal law contains a separate offence for foreign criminal organisations attempting to infiltrate or recruit in China. This paragraph can be seen as a direct response to the growing presence of criminal organisations with roots in Hong Kong, Macau, Taiwan, and elsewhere outside the mainland. [FN49] The Chinese translation of Article 294 distinguishes between domestic, triad-style syndicates [para1] and foreign "mafia-type" organisations [para 2]. [FN50]
[FNa1]. The University of Queensland, TC Beirne School of Law, Brisbane, Australia; Visiting Professor, The University of British Columbia, Centre of International Relations, Vancouver, Canada; a.schloenhardt@law.uq.edu.au. The author would like to thank Mr Angus Graham, Brisbane, for his support and research assistance. Research for this article was made possible by the kind support of the United Nations Office on Drugs and Crime (UNODC) Regional Centre for East Asia and the Pacific, the Australian Federal Police (AFP), and the Australian Institute of Criminology (AIC). The views expressed in this article are those of the author and do not reflect the views of UNODC, the United Nations, the AFP, AIC, or the Australian Government.
[FN1]. UNODC, available at: http://www.unodc.org/unodc/en/crime_cicp_ signatures_convention.html (accessed December 3, 2008).
[FN2]. Ronald Keith & Zhiqui Lin, New Crime in China (Oxford: Oxford University Press, 2006), pp 91-92; Bertil Lintner, "Chinese Organised Crime", (2004) 6(1) Global Crime 84, 87-88; Ko-Lin Chin, "Triad Societies in Hong Kong", (1995) 1(1) Transnational Organised Crime 47, 54; Damien Cheong, Hong Kong Triads in the 1990s (Clayton: Monash Asia Institute, 2006), pp 2-3; Ernst Eitel, Europe in China (1895), 227.
[FN3]. An Chen, "Secret Societies and Organised Crime in Contemporary China", (2005) 9(1) Modern Asian Studies 77, 78; Mei Jianming, "China's Social Transition and Organised Crime", in Roderic Broadhurst (ed), Crime and its Control in the People's Republic of China (2004) 204, 207.
[FN4]. cf Keith & Lin (see n 2 above), p 92; Carol Jones & Jon Vagg, Criminal Justice in Hong Kong (London: Taylor & Francis, 2007), pp 336-337.
[FN5]. Chen (see n 3 above), pp 95-106; Jianming (see n 3 above), pp 207- 211; Keith & Lin (see n 2 above), p 85; Yiu Kong Chu, "Global Triads: Myth or Reality?", in Mats Berdal & Mónica Serrano (eds), Transnational Organized Crime & International Security, (Boulder: Lynne Rienner Publishers, 2002), pp 183, 186.
[FN6]. Chen (see n 2 above) pp 95-96. See also Borge Bakken, "Comparative Perspectives on Crime in China", in Borge Bakken (ed), Crime, Punishment and Policing in China, (Lanham, Maryland: Rowman & Littlefield, 2005), pp 64, 88- 92.
[FN7]. Zhao Guoling "Organised Crime and Its Control in PR China", in Roderic Broadhurst (ed), Crime and its Control in the People's Republic of China (2004) 301, 301-302.
[FN8]. The 14K, named after their first headquarter at No 14 Po Wah Road in Guangzhou, was established in 1947 by General Kot Sio Qong who fled to Hong Kong with his followers in 1949; Lintner (see n 2 above), p 88.
[FN9]. Keith and Lin (see n 2 above), p 100 (with reference to original sources in Mandarin).
[FN10]. Ding Mu-Ying & Shan Chang Zong, "The Punishment and Prevention of the Organised Crime, Smuggling Crime, and Money Laundering in China", (1998) 69 International Review of Penal Law 265, 265; Keith & Lin (see n 2 above), p 93 (with reference to primary sources in Mandarin).
[FN11]. Susan Trevaskes, "Severe and Swift Justice in China", (2007) British Journal of Criminology 23, 25 with reference to Chinese primary sources (in Mandarin).
[FN12]. Trevaskes (see n 11 above), pp 23-26; Murray Tanner, "Campaign Style Policing in China and its Critics", in Borke Bakken (ed), Crime, Punishment and Policing in China, (Lanham, Maryland: Rowman & Littlefield, 2005), pp 171-181; Zhang Xin Feng, "Organised Crime in Mainland China and its Counter-Measures against Cross-border Organised Crime", in Roderic Broadhurst (ed), Bridging the Gap: A Global Alliance Perspective on Transnational Organised Crime (2002) 249 at 251; Keith & Lin (see n 2 above), p 95.
[FN13]. See further, Cai Dinglian, "China's Major Reform in Criminal Law", (1997) 11 Columbia Journal of Asian Law 213, 213-218.
[FN14]. See also Section 1.3 below.
[FN15]. Yu Zhigang, Chinese People's University, cited in Keith & Lin (see n 2 above), p 94.
[FN16]. Ying & Zong (see n 10 above), p 269; Keith & Lin (see n 2 above), p 97.
[FN17]. Keith & Lin (see n 2 above), p 98. Cf Chen (see n 3 above), p 83.
[FN18]. Keith & Lin (see n 2 above), p 102.
[FN19]. Ronald Keith & Zhiqui Lin, New Crime in China (2006) 97.
[FN20]. Feng (see n 12 above), p 249.
[FN21]. Ibid.
[FN22]. Guoling (see n 7 above), p 301 further separates criminal syndicates from a Mafia-type "underworld society". He argues: "The criminal syndicate is a proper legal concept in PR China, indicating those criminal groups with the nature and characteristics of underworld society but smaller in scale and degree. The syndicate stands between the criminal group and the underworld society ... The 'underworld society' is an English term referring to those criminal organisations that have the capacity to exercise an illegal control over people or society on a large scale."
[FN23]. Ying & Zong (see n 10 above), p 270; cf Guoling (see n 7 above), p 301.
[FN24]. Ying & Zong (see n 10 above), p 271.
[FN25]. Cf Chen (see n 3 above), p 93.
[FN26]. Cf Chu (see n 5 above), p 187.
[FN27]. Feng (see n 12 above), p 250.
[FN28]. See Keith & Lin (see n 2 above), p 102 (with reference to the original source in Mandarin).
[FN29]. Supreme People's Court, Explanations for the Applications of Law Concerning the Adjudication of Cases Involving Criminal Organisations with a Triad Nature, in Keith & Lin (see n 2 above), p 102 (with reference to the original source in Mandarin). cf Ying & Zong (see n 10 above), p 272.
[FN30]. Guoling (see n 7 above), p 302 (with many case examples).
[FN31]. See Section 1.2 above.
[FN32]. Ying & Zong (see n 10 above), p 271.
[FN33]. Ibid.
[FN34]. Andreas Schloenhardt, Migrant Smuggling (Leiden: Martinus Nijhoff, 2003), p 109.
[FN35]. Keith & Lin (see n 2 above), p 103.
[FN36]. Keith & Lin (see n 2 above), p 104 (with reference to original source in Mandarin).
[FN37]. Ding Mu-Ying & Shan Chang Zong, "The Punishment and Prevention of the Organised Crime, Smuggling Crime, and Money Laundering in China" (1998) 69 International Review of Penal Law 265 at 271.
[FN38]. Ding & Zong (see n 10 above), p 269; Feng (see n 12 above), p 250.
[FN39]. Art 33 Criminal Law 1997 (China).
[FN40]. Arts 45, 46 Criminal Law 1997 (China).
[FN41]. Arts 42-44 Criminal Law 1997 (China).
[FN42]. Arts 38-41 Criminal Law 1997 (China)
[FN43]. Art 34 Criminal Law 1997 (China).
[FN44]. Arts 54-58 Criminal Law 1997 (China).
[FN45]. Keith & Lin (see n 2 above), p 103.
[FN46]. Arts 14-15 Criminal Law 1997 (China).
[FN47]. Supreme People's Court, Explanations for the Applications of Law Concerning the Adjudication of Cases Involving Criminal Organisations with a Triad Nature, in Keith & Lin (see n 2 above), p 102 (with reference to the original source in Mandarin).
[FN48]. Supreme People's Court, Explanations for the Applications of Law Concerning the Adjudication of Cases Involving Criminal Organisations with a Triad Nature, in Keith & Lin (see n 2 above), p 102 (with reference to the original source in Mandarin).
[FN49]. See Section 1.1 above.
[FN50]. Feng (see n 12 above), p 249.
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