Analysis of the Hong Kong Sun XX Alleged Drug Trafficking Case

I. Case Review

   On February 27, 2002, a Hong Kong friend of the suspect Sun XX, a native of the New Territories, Hong Kong, named A Jin, called him and said he wanted to go into the electronics business (parallel goods business) together. A Jin asked Sun XX to accompany him to Guangzhou to meet someone. After the two arrived in Guangzhou, they discussed the business in detail with this person, and afterward, A Jin gave Sun XX's phone number to this Guangzhou friend. On March 3, the Guangzhou friend called Sun XX and asked him to come to Guangzhou for a meeting. Around 3 p.m. that day, Sun XX arrived in Guangzhou, and they met at the entrance of a restaurant. The discussion concerned the quantity, model, and other details of a batch of DVD electronic components. This Guangzhou friend asked Sun XX to bring the goods to Shenzhen on March 15 and hand them over to A Jin. However, by March 15, the Guangzhou friend had never contacted Sun XX. On March 27, 2002, Sun XX was criminally detained by the Shenzhen Municipal People's Court on suspicion of involvement in a "gang drug trafficking" case.

2. Lawyer Assistance
    
On March 30, 2002, Li XX, the wife of Sun XX, sought out Guangdong Zhiming Law Firm by reputation and entrusted Zhiming lawyers to provide legal assistance to Sun XX, including filing an appeal on his behalf, appearing in court for his defense, and conducting investigations and evidence collection. After accepting the commission, the Zhiming lawyers immediately began their investigation and applied to the public security authorities for an arranged meeting. Through their investigation and two meetings, the Zhiming lawyers concluded that the case-handling unit's accusation that Sun XX was "suspected of drug trafficking" lacked sufficient evidence, and that the criminal detention measure taken against Sun XX was improper. On April 16, the Zhiming lawyers issued a lawyer's letter to the case-handling unit, presenting their legal opinions and vigorously advocating for Sun XX's appeal.
Attorney Zhi Ming's "Lawyer's Letter" to the Criminal Investigation Detachment of the Shenzhen Municipal Court states:
Based on interviews and preliminary investigation, the lawyer has learned that Sun XX's "suspected drug trafficking" merely involves having had telephone contact with a criminal suspect. Moreover, Sun XX neither expressed any intention to traffic drugs nor engaged in any specific criminal conduct, and was completely unaware of the so-called "suspected drug trafficking" alleged by the public security authorities.
Accordingly, we believe that, in the absence of basic factual evidence, your team's current decision to place Sun XX under criminal detention appears inappropriate. In line with the judicial principle of taking the law as the criterion and facts as the basis, and in order to avoid both wrongful punishment and impunity, we recommend that your team immediately change the compulsory measures against Sun XX and grant release on bail pending trial for the time being.

7. Case Outcome

Through the relentless efforts of Attorney Zhiming, the case-handling personnel of the Shenzhen court were prompted to further verify the facts of the drug trafficking gang case, ultimately confirming that the suspect Sun XX was innocent. On April 25, 2002, the Shenzhen court issued Release Certificate No. 154 (2002), and Sun XX was released with a verdict of not guilty.

IV. Reflections on This Case

(I) The Legal Profession Is More Than Just a Career

Lawyers are not merely a profession or a means of livelihood; they are a product of democratic systems and a response to society's demand for fairness and justice. Upholding the authority of the law, pursuing fairness and justice, and having the courage to confront power, speak out for what is right, and argue vigorously on the basis of reason—these should be inherent qualities of the legal profession.

(II) Besides Wisdom, What Else Does a Lawyer Need? 
Confucius said, "Wisdom, benevolence, and courage—these three are the universal virtues of the world." This means that "wisdom," "benevolence," and "courage" are the most exalted human virtues under heaven. Confucius also said, "To see what is right and not to do it is want of courage." This means that when one sees something that should be done for the sake of righteousness, failing to act on it is a lack of courage—it is cowardice. Thus, it is evident that a person needs courage; this is the principle of being a person. Likewise, a lawyer's need for bravery is one of the most fundamental and noble principles of the profession. When facing the public security organ's criminal detention of a suspect, a knowledgeable and enlightened lawyer bravely puts forward expert legal opinions, recommending that the public security organ immediately "change the compulsory measures," thereby ensuring that the organ neither wrongs the innocent nor lets the guilty escape. As a lawyer, one must have the supreme law as both weapon and support, and also possess a "benevolent" heart and "righteous" spirit, only then can one be fearless and truly fulfill the glorious duty of "upholding social fairness and justice."
                                                        (Edited and commented by Zheng Fengdan)