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Textbook The Politics of Policing in Greater China 1St Edition Sonny Shiu Hing Lo Auth Ebook All Chapter PDF
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SO N N Y SH I U - H I N G LO
TH E P OL IT I C S
O F P OL ICIN G I N
GR E AT E R C H I N A
Politics and Development of Contemporary China
Series Editors
Kevin G. Cai
University of Waterloo
Williamsville, New York, USA
Guang Pan
Shanghai Center for International Studies
Shanghai Academy of Social Sciences
Shanghai, China
Daniel Lynch
University of Southern California
Los Angeles, California, USA
As China’s power grows, the search has begun in earnest for what super-
power status will mean for the People’s Republic of China as a nation as
well as the impact of its new-found influence on the Asia-Pacific region
and the global international order at large. By providing a venue for excit-
ing and ground-breaking titles, the aim of this series is to explore the
domestic and international implications of China’s rise and transforma-
tion through a number of key areas including politics, development and
foreign policy. The series will also give a strong voice to non-western per-
spectives on China’s rise in order to provide a forum that connects and
compares the views of academics from both the east and west reflecting
the truly international nature of the discipline.
The Politics of
Policing in Greater
China
Sonny Shiu-Hing Lo
Department of Social Sciences
The Education University of Hong Kong
Hong Kong
v
CONTENTS
2 Policing in China 37
vii
viii CONTENTS
12 Conclusion 297
Bibliography 309
Index 321
ABBREVIATIONS
ix
x ABBREVIATIONS
xi
LIST OF TABLES
xiii
CHAPTER 1
1
John R. Brewer, Adrian Guelke, Ian Hume, Edward Moxon-Browne and Rick Wilford,
The Police, Public Order and the State (London: Macmillan, 1996), “Introduction to the
Second Edition,” pp. xiii–xxxi.
Fig. 1.1 A model of the relationships between policing and politics (Source:
Slightly adapted from John R. Brewer, Adrian Guelke, Ian Hume, Edward
Moxon-Browne and Rick Wilford, The Police, Public Order and the State
(London: Macmillan, 1996), p. xxii, Figure 1)
7
Ibid., p. xxiii.
8
For details, see David Easton, “An Approach to the Analysis of Political Systems,” World
Politics, vol. 9, no. 3 (April 1957), pp. 383–400.
4 S.S.-H. LO
Environment
Environment
9
Peter K. Manning, Police Work: The Social Organization of Policing (Illinois: Waveland
Press, 1997), pp. 129–179.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 5
a central role in socialist states like the PRC, where the military, namely
the People’s Liberation Army (PLA), possesses a paramilitary police
force named wujing. In the HKSAR, where the police are made up of
local Hong Kong people and where the PLA is stationed to function as a
national defense force, the PLA does not intervene in HKSAR’s domestic
security. Both the Hong Kong police and the PLA have clear divisions of
labor. The Hong Kong police deal with domestic security, whereas the
PLA symbolizes the exercise of the PRC’s sovereignty over the HKSAR.
In their formulation of the relationships between the police and poli-
tics, political sociologists Brewer, Guelke, Hume, Moxon-Browne and
Wilford were sensitive to the relationships between the military and the
police, which have become one of the themes for them to compare and
contrast the police in advanced industrial countries with the counterpart
in developing states, including the PRC. Apart from police coordination
with agencies within the same state or city-state, the police communicate
with their counterpart in other external jurisdictions through a variety of
activities, including intelligence sharing, exchange visits and conference
participation. These activities, as will be discussed in this book, are not
only crucial in determining whether cross-border crime can be controlled
effectively, but they can also be seen as mechanisms of knowledge transfer
in which police in one jurisdiction learn from their parallel force in another
legal jurisdiction.10
As a matter of fact, knowledge transfer among police agencies can be
achieved through their cooperation. The content of police cooperation
covers a variety of operational issues, including the exchange of informa-
tion on traffic offences and accidents, the exchange of crime prevention
information, the reporting of movements of people who are either crimi-
nal suspects or protected persons, the surveillance of suspected persons
and vehicles, and the reporting of the transport of dangerous materials.11
Moreover, police cooperation in criminal investigations may include the
need to exchange information on persons who have committed criminal
offences, provide evidence to establish the proof of such offences, forward
police investigation records such as reports and interrogations, participate
in enquiries, pursue offenders who escape from one territory to another,
10
Sonny Shiu-Hing Lo, The Politics of Cross-Border Crime in Greater China: Case Studies
of Mainland China, Hong Kong and Macao (New York: M. E. Sharpe, 2009).
11
Malcolm Anderson, Policing the World: Interpol and the Politics of International Police
Cooperation (Oxford: Clarendon Press, 1989), p. 151.
6 S.S.-H. LO
and request the use of police vehicles in another territory.12 All these tech-
nical procedures facilitate mutual learning of the police forces concerned,
building up a knowledge base that they will utilize in the future. Police
coordination and cooperation can therefore contribute to institutional
learning, memory and improvement.
In addition to police coordination internally and externally, community
policing constitutes a means through which the police fight crime effec-
tively through regular liaison work with members of the public. In the
context of Chinese societies, community policing has been a traditional
factor shaping crime control, for pre-Qin dynasties had long adopted the
baojia system of household registration to control crime, monitor resi-
dents and collect tax at the grassroots level.13 If community policing in
many Western countries “has evolved from a few foot patrol experiments
to a comprehensive strategy guiding modern police departments,”14 it
had long been experimented in mainland China, where policing relied
much on the penetration of the state’s tentacles into every corner of soci-
ety. This book will analyze how the police work with the community and
neighborhoods in Greater China to combat crime. As William Lyons has
argued, “Advocates expect police-community partnerships to empower
citizens by reducing fear – thereby making policing more efficient and
effective to the degree that it revitalizes communities with specified capac-
ities – that is, it invests in the social capital of those communities most vic-
timized by crime and violence.”15 Peter Manning has reminded us of the
following features of community policing: (1) the objective of increasing
citizens’ perceptions of their personal safety and reduced criminal activi-
ties, (2) the need to increase law enforcement’s ability to control crime,
(3) the attempt at developing citizen volunteer actions to support police
work, (4) the persistence of foot officers to conduct community polic-
ing work, (5) the necessity of increasing public access to police so as to
enhance citizen satisfaction and (6) the aim of reducing the public fear
12
Ibid.
13
Sonny Shiu-Hing Lo, The Politics of Controlling Organized Crime in Greater China
(London: Routledge, 2016), pp. 9–10.
14
Gary W. Cordner, “Community Policing: Elements and Effects,” in Gary W. Cordner,
Larry K. Gaines, and Victor E. Kappeler, Police Operations: Analysis and Evaluations
(Cincinnati, Ohio: Anderson Publishing Company, 1996), pp. 495–521.
15
William Lyons, The Politics of Community Policing: Rearranging the Power to Punish
(Ann Arbor: The University of Michigan Press, 2002), p. 8.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 7
16
Peter K. Manning, Organizational Communication (New York: Aldine De Gruyter,
1992), pp. 162–163.
17
Peter K. Manning, Policing Contingencies (Chicago: The University of Chicago Press,
2003), p.4.
18
Ibid., pp. 4–5.
8 S.S.-H. LO
19
For the argument that the police need to be both reactive and proactive in dealing with
“serious crimes,” see Mark H. Moore, Robert C. Trojanowicz and George L. Kelling,
“Crime and Policing,” in Gary W. Cordner, Larry K. Gaines and Victor E. Kappeler, eds.,
Police Operations: Analysis and Evaluations (Cincinnati, Ohio: Anderson Publishing
Company, 1996), p. 4.
20
Tara Lai Quinlan and Zin Derfoufi, “Counter-Terrorism Policing,” in Rebekah Delsol
and Michael Shiner, eds., Stop and Search: The Anatomy of a Police Power (London: Palgrave
Macmillan, 2015), p. 123.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 9
and speech at face value, is the core of interpersonal relations, plays a major
role in the social integration of bureaucracies, and grounds social life.”21
On the other hand, “[t]he police must assess others’ trustworthiness, and
their trust capacity, yet they are distrustful, cynical, and watchful.”22 It is a
huge challenge for the police in Greater China too to deal with potential
public distrust and try to earn public trust during their operations. While
the mass media expose any possible misuse of power by the police, inter-
est groups protect their interest by criticizing the work of the police, such
as sex workers and demonstrators, who may have to confront with police
at the street level.23 In the USA during the early 1970s, “police jobs and
promotions were viewed by the leaders of the dominant [political] party
as part of their lawful spoils to be used for rewarding the faithful and
punishing the opposition.”24 Apart from political parties, the legislature
and courts can also check the power of the police, making the policing
work accountable to the public. While “zero tolerance” to crime has been
adopted aggressively in the USA, it has given rise to public complaints
about police misconduct and abuse of power.25
Police accountability to the public is critical in the global era of demo-
cratic policing. It “refers to holding law enforcement agencies accountable
for the services they deliver: crime control, order maintenance, and mis-
cellaneous services to the people and communities…[A]ccountability also
refers to holding individual officers accountable for how they treat individ-
ual citizens, particularly with regard to the use of force, equal treatment of
groups, and respect for the dignity of individuals.”26 If democratic polic-
ing, as Peter Manning has argued, is linked to a theory of democracy that
emphasizes the administrative balance of powers, citizen involvement and
the freedom of expression,27 this book’s refined system model of policing
21
Manning, Policing Contingencies, p. 15.
22
Ibid., p. 11.
23
John L. Lambert, Police Powers and Accountability (London: Croom Helm, 1986).
24
Leonard Ruchelman, Police Politics: A Comparative Study of Three Cities (Cambridge,
Massachusetts: Ballinger Publishing Company, 1974), p. 1.
25
John A. Eterno, “Zero Tolerance Policing in Democracies: The Dilemma of Controlling
Crime Without Increasing Police Abuse of Power,” in Darren Palmer, Michael M. Berlin,
Dilip K. Das, eds., Global Environment of Policing (London: CRC Press, 2012), pp. 49–73.
26
Samuel Walker and Carol A. Archbold, The New World of Police Accountability (London:
Sage, 2014), p. 8.
27
Peter K. Manning, Democratic Policing in a Changing World (Boulder: Paradigm,
2010), p. 45.
10 S.S.-H. LO
28
Jeffrey S. Slovak, Styles of Urban Policing: Organization, Environment, and Police Styles
in Selected American Cities (New York: New York University Press, 1986), p. 8.
29
Helene Maria Kyed and Peter Albrecht, “Introduction: Policing and the politics of
order-making on the urban margins,” in Peter Albrecht and Helene Maria Kyed, eds.,
Policing and the Politics of Order-Making (London: Routledge, 2015), p. 15.
30
David H. Bayley, Changing the Guard: Developing Democratic Policing Abroad (New
York: Oxford University Press, 2006), pp. 17–22.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 11
can shape their reforms and activities.31 Bayley’s insights are important for
us to study policing in Greater China. From a comparative perspective,
this book is going to adopt the system model on the relationships between
police and the environment, and between police and politics, for us to
examine the content and context of police operations in Greater China.
Bayley and Shearing have argued that policing is now extending to the
private sector, and that policing is not confined to the uniform police who
are hired, paid and directed by the government. They remark:
Policing is no longer monopolized by the public police, that is, the police cre-
ated by government. Policing is now being widely offered by institutions other
than the state, most importantly by private companies on a commercial basis
and by communities on a volunteer basis. Second, the public police are going
through an intense period of self-questioning, indeed, a true identity crisis.
No longer confident that they are either effective or efficient in controlling
crime, they are anxiously examining every aspect of their performance – objec-
tives, strategies, organization, management, discipline, and accountability.
These movements, one inside and the other outside the police, amount to the
restructuring of policing in contemporary democratic societies.32
31
David H. Bayley, “The Limits of Police Reform,” in David H. Bayley, ed., Police and
Society (London: Sage, 1977), pp. 219–220.
32
David H. Bayley and Clifford D. Shearing, “The Future of Policing,” Law & Society
Review, vol. 30, no. 3. (1996), p. 585.
33
Manning, Democratic Policing in a Changing World, p. 44.
12 S.S.-H. LO
However, the scope of policing in this book is not just confined to the
police; it embraces other disciplinary forces, including the fire services,
correctional or prison service, and the customs and immigration. In the
PRC, as we will discuss, the scope of the police, or gongan, is very broad,
including fire services, prison managers and guards, and customs and
immigration. Adopting a narrow definition of police would arguably limit
the comparisons and contrasts between mainland China and the other
three regions of Greater China.
If we want to explain the peculiarities of the state in China and their causes,
we cannot stop at describing the political institutions and modes of thinking,
but have to take into consideration also the given external circumstances of
the process of state-building. These conditions are often of a permanent
nature.34
One could say that in China, the state is all. History explains this. The state
was not an organism which developed little by little and was obliged to make
a place for itself among other powers, as with the case in the West, where the
state had to impose itself on the independent powers of the Church, of feu-
dalism and of the nobility, come to terms with the merchants, and seek the
support of the financiers. In China, the state was an established reality from
34
Karl Bunger, “Foreword: The Chinese State between Yesterday and Tomorrow,” in
Stuart R. Schram, ed., The Scope of State Power in China (London: School of Oriental and
African Studies, University of London, 1985), p. xvii.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 13
the beginning, or in any case from the time when the formula was worked
out in the state of Qin, before it was extended to the whole of the Chinese
realm. It was the great organizer of society and of territory.35
If the Chinese state has been penetrative in society, then the role of the
police is to help the state achieve its twin objectives of maintaining social
control and political stability.
A classic example of the powerful police apparatus in ancient China
was the role of Guard officers, or jinyiwei, in the Ming dynasty. They
were the embroidered uniform police not only protecting the emperor,
the palace and the court, but also arresting and assassinating political
enemies and opponents. According to Tilemann Grimm, the jinyiwei
“could easily become a fearsome police instrument in the hands of the
emperor-despot and his authorized agents, sometimes coming close
to modern instruments of terror.”36 The Guard was characterized by
its command under the emperor and the Chief Military Commissions,
the protection of the emperor, the fulfillment of ceremonial duties
and the policing function under the guidance of the leading eunuchs.
Estimates of the size of the Guard ranged from 1,500 in the early years
of the Ming dynasty to 120,000 men in the later period.37 In any case,
secret police could be seen as part and parcel of the state in the Ming
dynasty.
Hence, police, both formal and secret, have become an instrument of
the Chinese state to control society and polity. This remains true in the
PRC. The police in Hong Kong under British rule developed into a force
that emphasized the need to interact with society, especially toward the
end of the British colonial rule on the midnight of June 30, 1997, when
the PRC asserted its sovereignty over the territory. Since the handover,
the Hong Kong police have to deal with an increasingly politicized soci-
ety where citizens and groups dare challenging the authority of both
the local government and Beijing. As a result, the Hong Kong police
have been forced to adapt to the increasingly politicized and ideologi-
cal society. The Taiwan police evolved from a centralized and repressive
force under the Japanese rule (1895–1945) to an equally authoritarian
35
Jacques Gernet, “Introduction,” in Schram, ed., The Scope of State Power in China,
p. xxxii.
36
Tilemann Grimm, “State and Power in Juxtaposition: An Assessment of Ming
Despotism,” in Schram, ed., The Scope of State Power in China, p. 37.
37
Ibid., p. 38.
14 S.S.-H. LO
The scope of the mainland police is much broader than that of their
counterpart in Taiwan, Hong Kong and Macao. The Ministry of Public
Security (MPS) is the agency responsible for the police (gongan) of the
entire PRC. Public Security Bureaus have been set up in various provinces,
autonomous regions, directly administered cities and other cities. These
bureaus are under the leadership and supervision of their higher-level
police organizations. The responsibilities of the MPS are
38
Lo, The Politics of Controlling Organized Crime in Greater China, pp. 18–19.
39
Soft authoritarianism is here defined as a regime occasionally suppressing political dissi-
dents and oppositionists. For details, see Edwin Winckler, “Institutionalization and
Participation on Taiwan: From Hard to Soft Authoritarianism?,” China Quarterly, no. 99
(September 1984).
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 15
to prevent, stop and investigate criminal activities; to prevent and fight ter-
rorist actions; protect and terminate any action of endangering social order;
to manage transport, fire and dangerous goods; to manage household reg-
istration, identity card of residents, nationality and the right of abode of
foreigners in China and their visas for visits; to maintain the law and order of
border regions; to safeguard the security of designated personnel and impor-
tant venues and facilities; to manage public assembly, parade and protests;
to supervise the management of public information and internet security; to
lead and monitor the security of national agencies, social groups, enterprises
and important infrastructure works; and to lead the masses through protec-
tive committees in various preventive and protective work.40
Most importantly, the scope of the MPS involves various bureaus and
jurisdictions, including police inspectors, police security, personnel train-
ing, propaganda, the investigation of economic crime, the management
of law and order, the management of border defense, criminal investiga-
tion, import and export control, fire services, Internet safety supervision,
prison management, transport and traffic control, legal affairs, external
relations, narcotics control, anti-terrorism, and information and telecom-
munication management (see Fig. 1.3). Clearly, the mainland police or
gongan embrace not only the uniform police but also the fire services,
prison management, border control, and customs and immigration ser-
vices. Moreover, the police working for the railway ministry, transport
ministry, aviation ministry and forestry ministry and the general adminis-
tration of customs are all under the leadership of the MPS.
It is noteworthy that the national security police fall under the MPS
jurisdiction, which has an internal branch responsible for investigating
and preventing crimes related to national security. The basic duties of the
national security police are “to tightly depend on the mass under the lead-
ership of the [Chinese Communist] Party and the government and to
adopt secretive investigation methods and openly combative style for the
sake of preventing, discovering and destroying all enemy forces and hos-
tile elements who conduct conspiratorial activities.”41 Furthermore, the
national security police have to “protect the people’s democratic dictator-
ship, safeguard national security, and defend the smooth development of
40
See the website of the Ministry of Public Security, http://www.mps.gov.cn/n16/index.
html?_v=1455035435142, access date: February 10, 2016.
41
Ma Haijian, Zhongguo Zhencha Zhuti Zhidu (China’s Investigative Main System)
(Beijing: Law Press, March 2011), p. 75.
16 S.S.-H. LO
Ministry of Public
Security
Bureau of Bureau of
Bureau of Bureau of Bureau of Bureau of Bureau of Exit
General Bureau of Economic
Security Border Criminal and Entry
Bureau of
Police Crime
Office Training Promoon Management Management Invesgaon Administraon Fire Service
Inspector Invesgaon
Fig. 1.3 Organizational structure of the police in China (Source: The Central
People’s Government of the People Republic of China, “Ministry of Public
Security,” http://www.gov.cn/test/2005-07/12/content_13920.htm, access
date: December 8, 2015)
42
Ibid.
INTRODUCTION: TOWARD AN ANALYTICAL FRAMEWORK... 17
Types of Criminal
2005 2006 2007 2008 2009 2010 2011 2012 2013
Offences
Murder 20,770 17,963 16,119 14,811 14,667 13,410 12,013 11,286 10,640
Wounding 155,056 160,964 167,207 160,429 172,840 174,990 165,098 163,620 161,910
Robberies 332,196 309,872 292,549 276,372 283,243 237,258 202,647 180,159 146,193
Rape 33,710 32,352 31,883 30,248 33,286 33,696 33,336 33,835 34,102
Abduction and
Trafficking of Women 2,884 2,569 2,378 2,566 6,513 10,082 13,964 18,532 20,735
and Children
Theft 3,158,763 3,143,863 3,268,670 3,399,600 3,888,579 4,228,369 4,259,482 4,284,670 4,506,414
Deception 203,083 213,648 239,698 273,763 381,432 457,350 484,813 555,823 676,771
Smuggling 925 974 1,107 1,042 1,200 1,105 1,350 1,575 1,853
Forgery and Coinage 1,858 1,784 1,755 1,345 4,758 1,565 688 2,194 768
Other Criminal Offence 739,156 769,303 786,151 724,784 793,397 812,067 831,646 1,299,746 1,038,861
Total 4,648,401 4,653,292 4,807,517 4,884,960 5,579,915 5,969,892 6,005,037 6,551,440 6,598,247
43
See National Police Agency: Central Police Organization, http://www.npa.gov.tw/
NPAGip/wSite/ct?xItem=72874&ctNode=12790, access date: December 4, 2015.
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