Serious dilemma over China ‘gang' — expert

Press, 11 October 1979, Page 8

Serious dilemma over China ‘gang ' — expert

NZPA-Reuter Washington A leading American human-rights activist has said that if the "Gang of Four” is tried publicly, China risks a nationwide split similar to what the United States would have faced if Richard Nixon had been taken to court for the Watergate scandal. Mr Orville Schell, a New York lawyer who is vice-, .chairman of the United States’ ( citizens group monitoring the' Helsinki human-rights ac- ■ cords, yesterday said Chinlese officials faced “one hell of a dilemma” in trying toi decide how to try the radi-[ cals. The Chinese Prime Minister (Mr Hua Guofeng) said on Sunday that the group, headed by Jiang Qing. widow j of Mao Tse-Tung, would bei tried under due process of' law. Mr Hua did not give a

i i specific date for the trial. | Nor did he describe under: il what circumstances it would; li take place. >| “It is a fantastic situation.”j 11 said Mr Schell, who is study);ing the new Chinese legal | I'code scheduled to take effect' i[on January 1. •| “They were arrested for. .political reasons, but are to Ibe tried for criminal acts.” • i America's legal scholars he added, “puzzled long (and); i! wearily over the same contradiction in (examining what ■ might have been) the Nixon impeachment process.” The I. former President resigned [and was pardoned by Presi[dent Ford. The Gang of Four, accused !of plotting to seize power after what the Chinese call a il4-year “reign of oppresIsion,” have been held with-; 'out contact since their arrests' in October, 1976, a month after Mao's death.

.[ If the trial is held before c "the end of 1979. the group j [[will be judged under a sys- p tern said to be of its creation, e ’[which gives a defendant few n ■ ii any rights. fi 11 But if it begins after the o ('turn of the year, the four N will have benefit of the new ■ law. which guarantees a pub-: i lie hearing, defence lawyers. witnesses, and the right ofih i reply. n He said Chinese leaders; 3 ' might invite accusations of n injustice if the radicals were r “ tried under the old system. ” To judge them under the new , law could endanger the fledg- ■ ling new system itself. Mr Schell suggested that a solution might lie in having the Chinese leadership make a public pronouncement list- j L ing crimes of the Gang, con- rt demning them for their e; actions, and then returning e them in a minor wav to so- tc ciety. m