[3] Lawyer Li Zhiyong of Zhiming Law Firm Represents Xiamen Chen Xuemei in Court Hearing for Detention Case Over Speech

　[5] [Lead Lawyer of Zhiming Law Firm: Li Zhiyong]

[6] [Compiled from @Lawyer Chang Weiping and @Lawyer Li Zhiyong's Sina Weibo] On February 27, the case "Chen Xuemei v. Xiamen Jimei District Public Security Bureau on Administrative Penalty for Illegal Speech" co-represented by Lawyer Li Zhiyong of Guangdong Zhiming Law Firm and Lawyer Chang Weiping of Shaanxi Ligang Law Firm continued its hearing at 3 PM in Court 18 of Xiamen Intermediate People's Court.

According to a report by Southern Metropolis Daily, in June 2013, Xiamen netizen Chen Xuemei was administratively detained for 10 days for posting "I have ten thousand reasons to learn from Chen Shuizong." The police's administrative penalty decision stated, "Chen Xuemei posted content online saying 'I have ten thousand reasons to learn from Chen Shuizong,' which severely disrupted public order."

In response, lawyer Li Zhiyong questioned on Weibo before the court session that morning: Chen Xuemei's own Weibo post expressing this sentiment was only shared once (according to police evidence), so which public order did the police believe was severely disrupted?

That evening, lawyer Chang Weiping reposted Weibo messages from Yu Hongming and Dai Zhenya, which revealed some trial details: Chen Xuemei's lawyer argued, "The Weibo post about having ten thousand reasons to learn from Chen Shuizong is a cry of despair from the grassroots, with no specific implementation steps. It was only shared three times, which is far from constituting a severe disruption of social order. The police's warrantless search and handcuffing was an abuse of power." The police representative responded, "It constitutes a threat of arson, and the detention is appropriate." The two lawyers questioned the legal procedures of the police's administrative detention of Chen Xuemei, but the police officer in court evaded the questions, trying to avoid the lawyers' inquiries.

Lawyer Li Zhiyong also posted on Weibo: "After court today, I had a private chat with the police representative, the head of the legal department. I asked him, 'Can saying "I have ten thousand reasons to learn from Chen Shuizong" be equated with saying "I want to commit arson"? (After all, according to Article 25, Item 3 of the Public Security Administration Punishments Law, only those who threaten arson and disrupt social order can be detained.)' The officer agreed with my point: 'If the words "I want to commit arson" were not explicitly stated, Chen Xuemei does not meet the conditions for punishment.' I said, 'Of course, law enforcement must be rigorous. How can it be based on assumptions?'"

Finally, lawyer Chang Weiping also posted on Weibo, believing that the Xiamen Intermediate Court's attitude was relatively good, and the judge listened attentively to the lawyer's arguments during the trial. He expressed hope that the Xiamen Intermediate Court would make a correct judgment.