D.卡尔顿 罗西
D. Carlton Rossi

Disquietude





                      
          

              
Pear Orchard Looting                    Dawujituan Response to Dulu Incident





                                       Contrived Coincidences


Most of us think of coincidences as happening rarely and unpredictably. They are events or circumstances without apparent causal connection. However, there is another type of coincidence which appears designed, engineered or fabricated.This type of coincidence may be called a "contrived coincidence" or concidence. It is a connived,  clandestine event or circumstance; however, it appears like a coincidence in order to avoid connectability, correlativity and culpability.

One such contrived coincidence took place in the year 2003 which happened to be the beginning of the civil rights movement in China. Sun Dawu made a famous speech at Beijing University which overstepped the bounds. He was warned that he could not say such political things publicly. In fact, the author feels that even though thirteen years have passed it would be unwise to quote what was said by Sun Dawu on that occasion because of the re-emergence of leftist extremists. Shortly, thereafter, Sun Dawu was arrested by the local authorities for the lending practices of a cooperative bank. There seems to be no connection between these two events, but many people thought so. 

It was found that no money was lost by investors who refused to make a complaint nor withdraw their investments. However, money was lost by the Dawu Group because the entire management was put under arrest and there was no competent person to run the business. Furthermore, money was lost by the Dawu Group whose safe was emptied by authorities and the lost money has remained lost to this day. In other words, punishment may have been meted out on a private business for words spoken publicly.
 
It was also the year in which Sun Dawu, Dr. Luo Xiwen and D. Carlton Rossi were establishing a trade college at Dawu village or what is now known as Kenneth City. There was absolutely no political agenda in the establishment of this college. Dr. Luo was a prominent scholar of the medical classics and D. Carlton Rossi was an unknown poet. Yet, the arrest of Sun Dawu for ostensibly political reasons meant that there would be no private institution of higher learning built to serve the community and general public. One must conclude that everything in China is political.  

For and from an historical perspective, two illustrations are given which have heretofore been unreported by the author. In the first case, Dr. Luo told the author that he had been in a car accident on rural roads. However, his perception of the incident was alarming. He had believed that the incident was orchestrated. In the second case, Dr. Luo and the author were travelling in an open land rover. Coming toward them was a truck filled with hay. However, extending from the truck was a pipe about five feet off the ground which crossed the entire lane. The author warned Dr. Luo to duck his head. The author's last remembrance of the pipe was when he looked up and saw it pass directly overhead by a few feet. It was the closest the author has come to decapitation. Both of these contrived coincidences could have had tragic consequences. They were to serve as stark warnings to innocent parties whose actions might be considered political by some party.  

In the summer of 2015, there were two apparent contrived coincidences that occurred following an essay written by Sun Dawu. The essay was dated July 24, 2015. It was referred to in the press as "Chinese Entrepreneur Responds to Arrest of Rights Lawyer" and the topic was Terror. The essay is the strongest denunciation of the arrest of "rights lawyers" in China up to this point and equates the arrests with a form of terror. The following transcript is a translated version of part of the speech.


"If we eliminate people with different opinions and get rid of these "rights lawyers" when there are sensitive cases in the future and the public falls silent then won't that be the beginning when everyone is muzzled? Won't these violent crimes escalate into a violent revolution? Doesn't the Communist Party's own revolutionary history demonstrate how successful revolutions begin like this?

I'm a businessman. I don't want to see violent revolution. I want social stability and the ability to resolve problems in a lawful and orderly fashion."


An unidentified blogger seems to capsulize the viewpoint against the Confucian philosopher--Sun Dawu. He views  him as one who defiles or corrupts. Wasn't the same said of Socrates who was viewed as an irritant by the authorities because he asked too many questions, corrupted youth and blasphemed the gods? Yet, Socrates followed the law, however unjust it was, by following through on his sentence as Sun followed through the terms of his four years' probationary period.
 
One must remind the blogger though that there are two meanings for the word "defile". The primary meaning according to the Oxford dictionary is to march in file. It refers to troops who must march in file as though they go through a narrow gorge. Perhaps what really bothers the blogger is that Sun as a civilian does not march in a narrow military file or follow a narrow way, but marches to his own drummer.

Of course, in some instances it could be catastrophic for an army to file through a narrow gorge. One may recall how the enormous army of the autocrat Darius was stymied by 300 Spartans at the narrow gate of Thermopylae. In more modern times, there was the Battle of the Salween River Gorge on May 5-7 of 1942 where a few P-40Es executed a series of strikes against the Japanese 56th armoured division on the Burma Road on its descent to the Salween thus permanently ending the Japanese advance from Burma into China. 

A timeline has been provided to show the apparent relation of the essay on terror and its economic consequences to Dawujituan. While the cause is a public essay on the taboo subject of "rights lawyers" the effects or consequences are economic punishments of a private company.This time the punishments almost resemble a concerted type of economic warfare. The economic punishments are more direct, widespread and diverse than those following the Beijing University speech in 2003. The two economic consequences begin just one month after the public essay is published.  


                                  Timeline of Events 


July 24, 2015              Sun's Defence of Rights Lawyers 

August 25, 2015          Looting of Pear Orchard

September 14, 2015     Dulu Incident known as 9.14


Sun's defence of rights defence lawyers garnered international attention. It was translated immediately into English and circulated widely. In a more general sense, it is a defence of rule of law and a critique of rule by law.  

Two events of contrived coincidences followed the public essay. It began with the looting of pear orchards of Dawujituan Gaoyang on August 25, 2015. Managers of the company were at total loss as to the reasons of and for the looting.The local peasants had been given the right to purchase pears at wholesale, but it seems they wanted "free pears" all of a sudden. They stole pears by the bushel load. Who instigated this theft? Why did the police not respond to company requests for protection of property and to the theft of a million yuan of fruit?  The pears disappeared. 

The second contrived coincidence took place on September 14, 2015. It is known as the Dulu Incident or more succinctly as 9.14. A stall vendor of bathing suits and his wife blocked the road. Thugs used tractors to make dirt berms across other roads thus bringing business of the Dawu Group to a standstill. Access to the hospital was cut-off. Again, the police did not respond to repeated calls by company managers to control the situation. 

What did these two contrived coincidences have in common? First, they appear to have been organized by unseen, non-law abiding forces. Second, the pear incident involved trespass on private property and theft of private property while the Dulu incident involved a blockade of private property and a disruption of private economic activity. Third, both events were inimical to the common weal and welfare since business taxes were negatively impacted. Finally, police were called many times, over extended periods of time, but they were not directed to respond to the emergencies. They were conspicuously absent. They did not appear. 
 
7. 31. 16







                                                            

               



                   Update of Legal Proceedings on

                      Intellectual Property Rights



A notice of infringement of trademark was made on September 21, 2015 by the Yibin Wuliangye Co. Ltd. in the court of Zibo City of Shandong Province against the Taiwujituan liquor company which was begun by Sun Dawu. It is understood that the plaintiff employed on a nationwide basis 50 law firms as co-defenders. The author makes no comment on the merit or demerit of the case since trademark law is quite specialized. On December 10, 2015, the case was heard and a decision was made in favour of the plaintiff. An appeal was allowed at a higher court situated in Jinan in July 2016. 

What caught the attention of the liquor industry, legal profession and for that matter the entire nation was the penalty for trade mark infringement. The plaintiff had demanded the following: 


为此,原告将其诉至法院,要求判令被告立即停止侵权行为,并在相关媒体刊登道歉声明以此来消除影响;且判令被告赔偿原告经济损失及制止侵权行为所支付的合理开支共计 300万元。


To this end, it is the plaintiff which sued the Court, asking the defendant to immediately stop the infringement, and to publish an apology in the relevant media in order to eliminate the influence; and the defendant was ordered to compensate the plaintiff for economic loss and reasonable expenses to stop the infringement with a payment of up to 3 million yuan.

8. 2. 16




                      


“五粮”这种通用型词语竟然被注册为商标,不允许其他厂家使用“五粮”这两个字,如果有人把“法官”、“汽车”、“老师”等词语注册为商标的话,这个社会将变成什么样子?!所以,五粮液集团把“五粮”注册为商标,并不是为了保护自己的商标权益,而是为了市场垄断。我希望国家管理部门能够对这类行为进行甄别、处理和改善。


Sun Dawu

August 08, 2016




"Five grain" such general words should have been registered as a trademark, does not allow other manufacturers to use "five grain" these two words, if one of them, "judge", "car", "the teacher the words" registered as a trademark, what this society will look like?!  Therefore, the wuliangye group "five grain" registered as a trademark, not in order to protect its trademark rights, but rather to monopolies in the market. I hope that national authorities can screen, treat and improve such acts. 









                                      



                              Rule of or by law

The difference between whether a country is governed by “rule of law” rather than “rule by law” is not a matter of subtle semantics.  There is often a well written constitution in both cases. It depends though on whether or not the law is interpreted and applied equally and fairly for all the people or whether some persons are given favorable treatment and other persons are ill-treated.

It may be best to elucidate through fairy tales. The characters and circumstances are entirely fictive and bear no resemblance to real persons or state of affairs. One might consider them to be similar to Brothers Grimm fairy tales.

Once upon a time there was a young man whose name was Conrad. He was rather portly in appearance. Conrad had loved the sport of badminton, but it was obvious from the sweat on his brow and his quickness of breath that there had been better games behind him. He was skilled enough though to beat his less skilled opponent—Coulter. Fairies had been shuttled rather than birdies. As a consolation prize, Conrad asked Coulter to finish fish dinner at a swanky restaurant.  

Since Coulter had brought his bicycle he had to follow the BMW for about a mile. This was not so easy even if the car was not travelling so fast. The reason was the particles of coal dust in the polluted air. They were stinging Coulter’s eyes and he was short of breath. Visibility was also cut down to a few hundred meters.

Conrad was well known at the restaurant. He rattled off the dishes to the waitress. Any weight lost on the badminton court would obviously be compensated for at the table. Conrad was an affable sort of fellow and told his story to Coulter.

He was the son of a coal executive. As such he had an “iron rice bowl”. This meant that his position at the company was guaranteed for life. He didn’t especially like his job nor was he sure that he wished to continue in it for long. He explained to his guest that the company wasn’t doing particularly well. It would borrow money at three percent from the foreigners, but it was only able to make a net income of two and a half percent. Coulter wondered to himself how Conrad could afford a BMW and a completely paid for apartment in one of the most expensive cities in the world, but he didn’t want to offend his host. 

It was Conrad, however, who broached the issue of the apparent contradiction between appearances and reality. He asked Coulter what he thought of the anti-corruption program. This was difficult for Coulter to answer directly since in terms of appearances the program’s stated goals were clear and would need no explanation, but the reality was more opaque. It was circumspect for Coulter to respond to the direct question with the recollection of another fairy tale. 

It began on the streets on an ancient city. All cities here though are ancient except those which are called “ghost cities”. I explained to my host that “ghost cities” are not boom ones that became bust, but rather cities that never were nor ever will be. Anyway, my Chinese colleague and I were walking along and talking about pictographs. What could be more improbable than that? We weren’t talking about profits or losses.

The pictographs were drawn over three millennia ago. For us, the pictographs conveyed more meaning because of their ambiguity compared to modern, abstract, written characters whose meaning is more fixed. For example, the pictograph for sun is a circle surrounding a dot. The general meaning of the circle is clear, but the specific meaning of the dot and its relation to the circle is less clear. We couldn’t decide on whether the dot stood for a transit of Venus, sunspot, seed or ghost.

We were stopped short though by an uncommon sight. We were looking at a ghost or rather what appeared to be a ghost. Just because there is a word for “ghost” though doesn’t make it any more real. It was totally black from head to toe. It spoke only one word that we could understand and that was “Mama”. That seemed to make it a little less frightening. It was looking for its Mama. Nevertheless, it was speaking in some language that was foreign to us.

We tried communicating in languages other than English or Chinese. All we could understand though was that one universal word--“Mama”. If it had been a mummy wrapped in white linen who was looking for its mummy then that would at least have been more comprehensible. My colleague though twigged on to the language—Arabic.

We took our shadow to a Muslim restaurant. It looked rather gaunt and famished. It understood though the menu in Arabic! We told the manager that our shadow could order anything it wanted. It was then that we learned the reality of the shadow through the intermediary.

He had been a coal miner deep underground. He was completely covered in black coal oil. The owner had failed to pay him for six month’s work. He was without any money. He had not eaten in two weeks and slept in the open. He wanted to go home to his “Mama”. 

We advised him to go to a police station. He could state his case through my colleague and seek redress. His identification was shown to the policemen at the gate. The issue of lost wages was explained to them through my colleague. They called the miner a “terrorist”. We were rather flummoxed and flabbergasted at this response.

It had been a simple issue. A citizen wished to make an official report in writing to a police station concerning a loss of wages. The Chinese don’t usually use the word for “theft”. They prefer to say something is lost. He was denied entry to the station. In turn, the aggrieved party was accused under rule by law of a most egregious crime—namely, terrorism. The evidence for this accusation was rather airy fairy. If it were terrorism, however, it was the duty of the police officers under rule of law to arrest him as a terrorist.  There were no arrests—only justice was arrested. The miner was now lost as his rights as a citizen and human being were missing.

His new friends though found their new companion good accommodation for the night. A railway ticket was purchased which allowed him to begin his thirty-five hour journey home—in first class. A basket lunch was packed for him with his favorite foods. He knew the way. He had found himself. That dot in the circle was now a seed for a rebirth. He has always been and forever will be. He would tell his story to his compatriots, be reunited with his family and see his Mama.