Updates in Xiao Jianhua's "Trial"

By Jerome A. Cohen

Regarding the recent updates in Xiao's case, I agree with the position some scholars have taken of rebutting the PRC’s effort to rationalize its refusal to allow Canadian diplomats to attend Xiao’s trial and have access to him. The PRC’s rejection of dual nationality should mean that Xiao divested himself of Chinese nationality, not Canada’s.

This case will eventually come into public view. There are so many legal, business and political questions to be answered. I don’t recall a greater fine than the $8.1 BILLION fine imposed on Tomorrow Holdings but perhaps others can.

I wonder too at what point Xiao, following his Hong Kong kidnapping by PRC security forces, was turned over to the formal criminal process. It is interesting that he was allowed to retain China’s foremost and most expensive criminal defense lawyer, the able former law professor Tian Wenchang. Of course, the public has not been permitted to learn anything about Tian’s role in this case.