International Speaker Series on China’s Law & Economic Governance

Criminalizing China

Date: January 26, 2021 (Tuesday)
Time: 12:00pm - 1:00pm (Hong Kong time, GMT+8)
Language: English
Venue: Zoom Webinar
Zoom Registration:  Please click
HERE to reserve a place.

(Prior registration will be required. The Zoom ID will be sent to registrants by email)

Abstract:

The Department of Justice launched the China Initiative in November 2018 to counter national security threats emanating from the People’s Republic of China (PRC). By June 2020, the Federal Bureau of Investigation had approximately two thousand active investigations under the Initiative.

People and entities with connections to the PRC’s governing party-state structure have engaged in trade secret theft and other crimes under U.S. law. The Department of Justice is not making up a threat. It is, however, framing that threat in a problematic way.

This talk argues that using “China” as the glue connecting cases prosecuted under the Initiative’s umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess “China-ness” even if they do not have a nexus to the PRC party-state. The talk further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with “China.” A better path is to discard the “China Initiative” framing, focus on cases’ individual characteristics, and enhance the Department of Justice’s interactions with non-governmental experts.

Chair: 

Angela Zhang, Associate Professor & Director of Centre for Chinese Law, The University of Hong Kong 

Speaker: 

Margaret Lewis, Professor of Law, Seton Hall University School of Law

Discussant: 

David Law, Sir YK Pao Chair in Public Law of the University of Hong Kong

For inquiries, please contact Ms. Shelby Chan at shelbyc@hku.hk

Centre for Chinese Law
Faculty of Law, The University of Hong Kong
10/F, Cheng Yu Tung Tower
Centennial Campus
Pokfulam Road
Hong Kong

Tel : +(852) 3917 4267    

Fax : +(852) 2549 8495

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