| BEIJING - THE family of Straits Times
journalist Ching Cheong
is holding on to hopes that he might be released
on medical parole now that his appeal against a
five-year jail sentence for spying has been
turned down.
They plan to file two formal requests with
the Hong Kong government next week. The first is
an application for medical parole for the
56-year-old journalist, who is in poor health.
The second request is for
Ching - currently held in a detention
centre in Beijing - to be transferred to a
prison facility in southern China so that his
family members in Hong Kong can visit him more
easily.
Ching was convicted
on espionage charges and sentenced to five years
in jail by a Chinese court on Aug 31. Beijing
accused him of selling state secrets to Taiwan,
a charge that the journalist has denied.
His appeal, however, was rejected by the
Beijing High Court yesterday, which upheld the
lower court's verdict.
The Straits Times understands that
Ching, whose case is a
politically sensitive one, could be kept at the
detention centre for about a month for various
administrative matters to be dealt with.
He is scheduled to be released from prison on
Aug 3, 2010, but his family members are hoping
that the jail sentence will be commuted by a
medical parole.
The veteran journalist suffers from insomnia
and stomach pains, and his health has been on
the decline since his detention in southern
China in April last year.
To qualify for medical parole,
Ching would first have
to obtain permission from the courts or the
Prisons Department to undergo a medical
examination at an approved hospital.
Based on the doctor's report, the Chinese
authorities will then decide whether he should
be released earlier to seek medical treatment
abroad.
Asked whether the family is optimistic about
Ching's chances of
getting medical parole, his younger brother
Ching Hong, 47, said:
'That's hard to gauge. There are too many
factors beyond our control.
'But we will continue to do what we can to
clear CC's name through legal means.''
His lawyers had initially planned to file the
two requests in Beijing yesterday. But state
security officials disallowed
Chingfrom signing the necessary documents
when he met his lawyers at the detention centre
in the afternoon.
T`he officials gave no reasons for their
action, according to Ching's
family members who were here to hear the outcome
of the appeal.
Mr Ching Hong said
he believed the officials were being 'too
careful'.
'We will make the applications through the
Hong Kong government next week. Looks like
that's the only option acceptable to the Chinese
government,'' he said.
The Chinese authorities have also not
indicated when they will transfer
Ching from the
detention centre to a prison facility, or said
exactly where he will be serving his jail
sentence.
One option being considered by the family,
the younger Mr Ching
said, is to file a formal request with the High
Court or the Supreme People's Court to review
the legality of the trial by raising questions
about the investigation methods used and
reliability of evidence produced by the
prosecutors.
Ching's lawyers
have argued, for instance, that the prosecutors
did not provide enough evidence to back their
allegation that the journalist had passed state
secrets to Taiwanese spies.
Neither did the prosecutors say why and how
the information in Ching's
possession amounted to state secrets.
But this option - known as filing for a
'procedure for trial supervision', or shenpan
jiandu in Mandarin - could be considered
offensive as it is tantamount to accusing the
courts of being incompetent, according to
Chinese law expert Ong Yew Kim.
A more acceptable approach, Professor Ong
suggested, would be to petition the Supreme
People's Court or even Chinese President Hu
Jintao himself to review the verdict.
'However, this has rarely been successful,
and the government can again sit on it for as
long as they want - even longer than what has
transpired so far because it is not a legal
procedure,' warned Prof Ong, a former mainland
judge who now lives in Hong Kong.
chinhon@sph.com.sg
ADDITIONAL REPORTING BY VINCE CHONG
|