D.卡尔顿 罗西
D. Carlton Rossi

Icewine


                                    

                                                           John Chang


Daughter of Canadians detained in China
‘hopeful’ for meeting with PM


Steven Chase and Robert Fife

OTTAWA — The Globe and Mail

Last updated May 30, 2017 11:55PM EDT

The daughter of two Canadians detained in China over a customs dispute is keeping a vigil in Ottawa this week, waiting for Prime Minister Justin Trudeau to respond to her request for a meeting on the plight of her parents.

The case has raised new questions about Canada’s pursuit of a trade deal with China after the couple’s daughter, Amy Chang, petitioned Ottawa for help. Lawyers for the couple say their clients have been victimized by a country where commercial disputes can catapult the unwary into an abuse-prone criminal justice system controlled by the ruling Communist Party.

She said Canadians should not be jailed over a commercial dispute. “This is a trade issue. I would like him to turn his attention to this file because my parents … shouldn’t be detained overseas,” Ms. Chang said. “I am hopeful he will give me 10 minutes of his time to meet with me on this.”


https://www.theglobeandmail.com/news/politics/daughter-of-canadians-detained-in-china-hopeful-for-meeting-with-pm/article35159878/



It is the opinion of the author that the Liberal government has mishandled this case from day one. It has done little to put pressure on the Chinese government for a resolution of the case. It lacks firm commitment to human rights. While the Prime Minister visits the NATO meeting and wants Trump to affirm the one for all and all for one principle for mutual security; yet, all the Liberal government is not behind the one John Chang. It is bedazzled by the illusion of riches from free-trade while it ignores the rights and freedoms of John Chang.

D. Carlton Rossi will continue to support the Chang family until they are reunited in Canada. The author supports the farmer, family private entrepreur as he did so in the Sun Dawu case in 2003. At that time, he set up fifty websites, talked to a human rights lawyer in New York and went on a hunger strike among other things.



D.卡尔顿 罗西
2017年5月31日






                                     


Former Federal Agricultural Minister Gerry Ritz visits the Lulu Island Winery in 2015 and talks with John Chang



The Private Family Farmer Entrepreneur--John Chang


The year was 2003. Sun Dawu had been arrested for illegal fund-raising. He faced ten years in prison for this crime. However, he was treated rather leniently by the court as he received probation and a fine in November of that year. However, his business had suffered substantially during his imprisonment along with the incarceration of his brothers who were management figures. This case proved to be a landmark one constitutionally in that it showed how it behooved the Chinese government to put in a management team to run the business during the period in which his innocence or guilt was established. Follwoing the court decision the company was forced to uproot its grapevines so it could plant corn for its cash strapped business.

Mr Sun complained that the system forced many private businesses to take either what he called the “red road” (red denoting the mandarinate since the time of the Qing dynasty) of bribing officials for loans and other benefits, or the illicit “black road” of producing fake or shoddy goods. Sun did not want to do either, but rather ran his business on Confucian principles.

On November 28, 2003 Ted Lipman, executive director of the Canadian Trade Office in Taipei (CTOT), pointed out that six different kinds of "Canadian ice wine" were found in Taiwan earlier this year which did not bear the VQA (Vintners Quality Alliance) certification seal. Lab analysis in Canada later showed that five of the six ice wine brands were fake.

At that time, John Chang represented the Canadian Vintners Association. He was visiting Taiwan where he had been born as part of a trade delegation. Chang's company produced a high quality icewine in British Columbia. This icewine was competing against fake icewine or "shoddy goods" on the store shelves of wine shops in Taiwan. The fake product was ruining the reputation of what Chang called "golden nectar," referring to its crystal gold and amber coloring.

In 2009, John Pilliteri who also owned a icewine winery in British Columbia went to Shanghai. "He visited 14 stores in Shanghai, and in every one he found fake Icewine. Not only are Canadian vintners losing revenue, but the quality of the knock-offs is harming the reputation of the wine." Pilliteri and Chang were among a group of reputable entrepreneurs who produced a first-class product. Yet they faced off (in the Canadian hockey sense) against counterfeit products.

John Chang was invited by Prime Minister Harper to join the trade delegation to China in November 2014. By all indications it was a successful trip. Chang was called the ambassador of icewine. As one of the most successful immigrant entrepreneurs he showed how jobs could be created through the private sector and exports increased.

However, prior to the trip the Harper Government agreed to ratify the contentious Foreign Investment Protection Agreement known as FIPA. "The government had failed to ratify FIPA amid a series of recent tensions in Canada-China relations. Earlier this summer, Harper accused the Chinese of a cyberattack on the National Research Council, while the Chinese claimed a Canadian couple living in China were spies." Critics decried the agreement--especially in the area of the environment and energy. For example, Green Party Leader Elizabeth May said “I am certain no Canadian company will ever benefit from this agreement”.

Canadians are also concerned about FIPA because its ISDS mechanism gives extra leverage to foreign corporations. The FIPA allows Chinese companies to have their claims decided by an international trade tribunal. In FIPA agreements with other countries it is usually the Chinese who resort to these lawsuits. However, it is conceivable that a Canadian company could launch its own lawsuit or threaten to launch a suit against the Chinese government as a means to achieve its own ends.

Let us fast forward to March 2016. John Chang and his wife Lan-Fed Lu are accused of submitting "fake" customs documents at the port of Shanghai. Don't you find this to be connivingly ironic? They produce and promote a high quality product competing with fake products in Shanghai and yet they are accused of submitting fake custom forms. Today, it is estimated that 50% of the icewine found on the wine shelves in China are fake or counterfeit products. This is an offence against one of the best known Canadian symbols. Those fake bottles call it "ice wine", but its intellectually property-right protected name is "Icewine". The authenticity of the golden nectar can be verified with an instrument called a GC/IR/MS – Gas Chromatograph interfaced to an Isotopic Ratio Mass Spectrometer.

Normally, this case would fall under trade law. Customs would hold the wine and release Chang and Lu so that they could return to Canada, run their business and handle matters according to commercial law. However, there is an anomaly and abnormality here. A customs case transforms into a smuggling case in order to put pressure on a defendant who claims innocence. Whether or not the forms are filled out correctly this cannot be construed as a smuggling case. Business has been done since 2013 in full view of customs with their approval until March 2016. Smuggling goods though is a criminal offence and carries a sentence of anywhere between ten years and life.

As a result, Amy Chang who is the daughter of the couple has been forced to run the business. While she is a business graduate; nevertheless, she is forced to run the business without the help of her parents who are experienced entrepreneurs. She has been forced to run the business for over a year by herself. She also cannot visit China for fear of arrest nor talk with her father. The reputation of the company has been harmed and her father's health has deteriorated.

This situation is reminiscent to the author of the Sun case. His son was forced to cancel his entrance into an Australian university in order to run the business. However, Sun Meng did not have the experience to run a complicated business. He was not allowed to visit his father or uncles in prison nor to talk with them. His mother was in hiding because she feared arrest. As a result, in a matter of six months, Dawu Group lost over 5 million yuan.

This case illustrates a basic contradiction in how private family entrepreneurs who sell a high quality product and believe the forms have been correctly filled out at customs are treated and how knock-off scammers who produce shoddy products are handled. The private family entrepreneurs are arrested and charged in Shanghai with a smuggling crime of faking forms that is punishable up to life in prison. However, the scammers who sell fake products on the wine shelves a few miles away in Shanghai are ignored and flourish in a kind of wild west atmosphere where they are forgiven for their original sins because the economy is rapidly changing. It reminds the author of the song called Sympathy for the Devil by the Rolling Stones which was played at a live concert in Shanghai in 2014 with the lyrics "All the cops are criminals and all the sinners saints".

Gerry Ritz, Conservative international trade critic, raised the case during question period in the House of Commons. He said "The arrest of Mr. Chang and Ms. Lu for a fabricated customs violation is an assault on their basic rights, a breach of China's international trade obligations and China's own customs laws". Earlier, as a former Federal Agricultural Minister, the Honourable Gerry Ritz stressed on January 22, 2015 that the Lulu Island Winery was one of the standard bearers of exports to China. Ritz added that one of the reasons why Canadian products do well in markets such as China is this country’s reputation as a trusted supplier of quality goods, including wine.

D.卡尔顿 罗西

2017年6月10日




                      

Conservative’s Ritz implores PM Trudeau to help Canadians detained in China

Conservative MP Gerry Ritz asked the Liberals during Question Period on Thursday, to aid Canadian winery owners John Chang and Allison Lu who were detained in China for 15 months for a customs valuation dispute.

Global News

June 01, 2017

0:00/1:59


http://globalnews.ca/video/3496414/conservatives-ritz-implores-pm-trudeau-to-help-canadians-detained-in-china






References


B.C. winery owners facing life in Chinese prison for alleged smuggling

May 21, 2017


http://ca.pressfrom.com/news/canada/-28708-b-c-winery-owners-facing-life-in-chinese-prison-for-alleged-smuggling/



B.C. winery owners facing life in Chinese prison for alleged smuggling

Canada ratifies investment deal with China

Lee-Anne Goodman

The Canadian Press

Sept. 12, 2014


https://www.thestar.com/news/canada/2014/09/12/canada_finally_set_to_ratify_investment_deal_with_china.html



Detention of John Chang and Allison Lu described as 'outrageous and unconscionable'

Eric Rankin

CBC News

May 19, 2017


http://www.cbc.ca/news/canada/british-columbia/b-c-winery-owners-facing-life-in-chinese-prison-for-alleged-smuggling-1.4125177



Counterfeit hooch hurts Icewine rep

Tony Aspler

December 2009 issue of Post City Magazines


http://www.peterigel.com/counterfeit-hooch-hurts-icewine-rep/




Document seeks forgiveness for 'original sin'

By Meng Yan (China Daily)

February 09, 2002


http://www.chinadaily.com.cn/english/doc/2004-02/09/content_304318.htm



Knocking Off Icewine

Tony Aspler

November 11, 2004


http://www.chinapost.com.tw/news/2003/11/28/43587/officials-warn.htm



Officials warn against bogus Canadian ice wine in Taiwan

The China Post

Amber Wang, Taipei Taiwan

November 28, 2003


http://www.chinapost.com.tw/news/2003/11/28/43587/officials-warn.htm



Private entrepreneurs Gexin the shore!

Papers Category:Marketing

August 19, 2003


http://eng.hi138.com/marketing/200308/196379_private-entrepreneurs-gexin-the-shore.asp



Speaking out

Businessmen are starting to challenge the authorities

Dec 30th 2003 | beijing and xushui



http://www.economist.com/node/2313388




                                   

                                                         Amy Chang


Amy Chang on trial

Daughter of winery owners jailed in China seeking Trudeau's help

Megan Devlin, CTV Vancouver

May 25, 2017

Chang maintains that her family’s winery did not undervalue their wine, and says she has receipts from trade officials in Shanghai to prove it. She’s frustrated that her parents are being detained criminally for what she says is a trade dispute.

"They've done nothing wrong, and [Trudeau] needs to have his attention on this,” she said. “Especially when you're talking about a free trade agreement [with China] in the future.”

She added: “Is Canada saying it’s okay to detain someone for a year?”

Chang says she’s been working with her local MP to get the government to do something. So far, no ministers have agreed to meet with her.

Her parents face trial in China starting on Friday. Meanwhile, she’s travelling to Ottawa next week with the hopes of arranging a face-to-face meeting with Trudeau.

“The role of the Canadian government is to protect your citizens at home and abroad,” Chang said. “And right now I don’t see that happening.”


http://bc.ctvnews.ca/daughter-of-winery-owners-jailed-in-china-seeking-trudeau-s-help-1.3429539





 

                                                         


                                  Sun Dawu and D. Carlton Rossi in 2002


The Dawu Group had a thriving wine industry in 2003. They grew both red and white grapes. However, everything changed on May 27, 2003 with the arrest of Sun Dawu and his brothers. The author himself was put under house arrest at Dawu Village. At the time of interrogation by police officers as a host he asked if they cared to drink Tibetan barley or Dawu white. Six months later Sun Dawu was released on four years' probation.

One of the major problems though was because three executives of the company had been arrested there was no one competent enough left to run the company while they awaited trial. The company lost millions of yuan. As a result, all grapevines were torn out and corn planted in order to pay bills.






                                     

                                          D. Carlton Rossi


Free-trade or Freeze-Trade?


The author has received a threat presumably for his defence of family, farmer entrepreneur John CHANG [Zhang]. It must worry the issuers of the author's insurance policy who are burning the midnight oil recalculating the risks. However, the threat does not deter the author from continuing to defend a man he has never met. In fact, he was unaware of Chang's existence until a few weeks ago despite extensive research on the topic of China. John Chang and his wife Ms. Lu fell under the radar predominantly because they received minimal support in terms of defence of their rights and freedoms as Canadian citizens.

Instead, the Liberal government in their exploratory talks have delinked free-trade from human rights and put free-trade first and foremost. They fail to understand that it is not trade that is free, but rather individuals who are free. Individuals in corporations or as entrepreneurs are those who may conduct trade. Those individuals are free to conduct business under rule of law; however, they are not free if they are arrested on trumped-up-charges intended to intimidate or are concerned that at any time they might be arbitrarily arrested.

In addition, there is currently consideration of a new intelligence law wherein China's spies have a duty to "guard against and dispel state security threats" to major national interests. They may also investigate any foreign or Chinese citizens who are seen as a threat to national security--whatever that is. Indeed, the entire population would be put on alert to inform authorities of any suspicious activities or persons. If this law is enacted then foreign executives or entrepreneurs as individuals may not wish to visit China let alone do business in the country.

However, as was said nine months ago, the author's concerns are no longer what goes on in China be it lack of rule of law, a new intelligence law or other concerns. The extensive arrests of civil rights activists in a program to stifle opponents and what is called an anti-corruption program as power is concentrated in one man does not portend well for China and for that matter the world. In the author's opinion, liberal economics died in China when the website of Mao Yushi who is a liberal economist was shuttered and more recently his house arrest. This circumstance is just a symptom of an economy that is resisting market reform while it props up state-run monopolies. It is not a market economy under rule of law. As a result, the author now concentrates on Canada and its relation to China rather than on the Middle Kingdom.

The author cannot understand how a Canadian liberal government has any interest in an illiberal, autocratic China with regard to free-trade or extradition treaty. As was said directly to a member of Parliament the government prefers to deal with autocrats and plutocrats as opposed to family entrepreneurs. Strangely enough though it prefers Chinese autocrats and plutocrats over Russian.


The term "freeze-trade" is copyright D. Carlton Rossi



D.卡尔顿 罗西  

2017年5月28日




                                                                               


                                    Family, Farmer, Entrepreur Sun Dawu



                                                                Trust

Reprint of article from 2016
D. Carlton Rossi

The wine industry in the Xushui region has a long history. It began 5000 years about the time of Xūnyù. However, today, the region is plagued by counterfeit products.

Sun Dawu speaks of one of those companies that sold fake wine. The fake wine was produced by a company that no longer exits. It was not able to develop its brand. Its customers lost trust in it. It had no currency so to speak.

The wine cost 18 yuan a bottle. It was luxuriously packaged. Almost unbelievably, the packaging and bottle cost 15 yuan a bottle. That left two to three yuan in profits; whereas, the actual cost of the wine was only .05 yuan.

On one occasion, the author remembers a Fujian peasant who brought out his best wine to offer as a toast to D. Carlton Rossi It too was elaborately packaged and pored from an expensive bottle. It was supposed to be from a famous wine growing region of France. While the author was no connoisseur of wine he did recognize that he was offered red vinegar instead of wine. The author was also able to read the English label on the bottle. It said “piss on peon”. He regretted having to tell the truth to his friend. One doesn’t lie to one’s friend nor withhold the truth.


                        

Sun Dawu began the liquor company of Dawu Group in 2009. It is managed by his son. It was not established for profit. Rather, it was set-up to ensure that his workers and the local population would not be plagued by adulterated alcohol.

The roasting time of competitive brands of liquor vary. A poor quality liquor can be made in as little as 3 to 7 days. A medium quality liquor can last 40 to 60 days while a high quality liquor takes 80 to 90 days. These liquors vary in price, but are generally expensive. They are sold through expensive and extensive TV advertising.

In contrast, Sun Dawu took a different approach. He concluded that things can not deviate from their original purpose. He proposed that the liquor company use a slow flavor brewing method to produce a low price product of good quality in a mid-range package. The liquor ages two to three years depending on the brand. Basically, they are sold through word of mouth. They are then offered through the Group’s hotel, restaurant and spa.

                            

                             Copper Coin of the Tang Dynasty


The coin of the Tang Dynasty (618-907 A.D.) was made of gold, silver, copper and lead. It was called the Kai Yuan Tong Bao or Kai Tong Yuan Bao. The coin lasted throughout the Tang Dynasty without discontinuity when China was the commercial center of Asia through the Silk Road. Businessmen could cash them in at any time for a paper receipt in more than 40 offices throughout the kingdom. The dynasty reached its zenith during the reign of Emperor Xuanzong. During this period of 44 years the inflation rate was low.

The calligraphy of the Kai yuan was written by Ouyang Xun. He was the lead calligrapher of his age. Therefore, his style was praised by poets. Two of the most famous Chinese poets were Li Bai and Du Fu. The poem of D. Carlton Rossi called 無 was inspired by the form of Du Fu’s poems; although, it was modified in a unique way.

However, paper currency at the time of the Mongolian Empire undid it. Marco Polo writes how Chinese alchemists produced paper money with as much form and ceremony as if it were actually of pure gold and silver. Large quantities were printed. The system lasted only 100 years. In other words, barbarians introduced a counterfeit currency which bankrupted the dynasty.

Today, China’s central bank is in a very different situation. It holds a large reserve of gold which might be used to establish the remnimbi as an international reserve currency. It is obvious that China did not purchase this vast store of gold so that it wouldn’t earn interest. One wonders how they will react with Japan’s introduction of an unconventional monetary program called “negative interest rates” after the failure of the Bank of Japan’s unconventional quantitative easing.

If China should back its currency with gold or for that matter include it within its trade-weighted basket of currencies then what might its implication be for countries which do not have a gold reserve and yet are part of the basket? Fortunately, the number of these countries is minuscule. The most negative consequences might be experienced by any of these countries which do not have a gold reserve and yet introduces negative interest rates. The result might be a flight to safety of gold. It is not gold that is a barbaric relic, but rather the neo-barbarism of fiat and virtual currency coupled with negative interest rates.



https://sundawu.ca/Negative_Interest_Rates.html







               

John Chang is escorted out of a Shanghai court Friday, after standing trial for smuggling. (Nathan VanderKlippe/The Globe and Mail)


Canadian winery owners beg Chinese court
for mercy in smuggling case


Nathan VanderKlippe

Shanghai — The Globe and Mail

Last updated Friday, May 26, 2017 1:43PM


China’s Customs Law says those who counterfeit or falsify customs documents “shall be investigated for criminal liability.” The country’s Criminal Law says a person who “evades or dodges payable duties” is a smuggler.

The procurator pressed Mr. Chang for evidence of the actual price he had sold his wine in China. “If it’s not a real price, it’s a counterfeit price,” Mr. Lu said.


https://www.theglobeandmail.com/news/world/canadian-winery-owners-facing-smuggling-charge-beg-chinese-court-for-mercy/article35122763/


The word "counterfeit' ironically more aptly applies to the fake icewine monopoly which controls 50% of the Chinese market. Lulu Island Winery produces a high quality product that has won many awards. There is nothing "counterfeit" about it. The product is real. Mr. John Chang is real and not fake.

John Chang's trial was on May 27, 2017.

Sun Dawu's arrest was on May 27, 2003.

They were fourteen years apart.






                                             
                                  

                                                              D. Carlton Rossi
                   


Fake Monopolies


John CHANG [ZHANG] was making great inroads in the icewine business in British Columbia with sales to China. However, perhaps the straw that broke the camel's back was when he aggressively expanded his business into the Niagara Region in 2015 with a brilliant stroke of entrepreneurship by freeing up land for icewine vines. However, he may have angered members of the fake icewine monopoly. It wasn't long afterwards in March 2016 that he was charged with smuggling icewine into the port of Shanghai.

One could claim with credulity that the monopoly which the mainland Chinese icewine interests wish to protect is the counterfeit, icewine market. It has enormous profits as its costs are low and there are no custom fees if manufactured in China. In addition, it doesn't have to worry about misleading advertisements which imply its origin is Canada.

The author would like to put the monopoly issue into an historical context in terms of parliamentary democracy. In 1587, Leicester persuaded Elizabeth I to make Robert Essex or his grandson Master of the Horse. The Queen agreed to give Essex, in exchange for a manor, the right to all sweet wines imported into England during the next ten years, "which would bring a sizable income at public expense. (p.403)

In this particular case, the sweet wines were real. They were imported, for example, from the Anjou region. However, it was the importer who was fake. He was given one of the largest armies to quell rebellion in Ireland, but he contrived with the rebel Tyrone and later led a rebellion to overthrow the Queen.

A fake monopoly produces a knock-off of lesser quality by minimizing costs and maximizing profits. Most times it produces a product or service which is harmless. Sometimes though it produces a product which is harmful. For example, it was probably the case that a monopoly supplied ale and provisions to the men aboard ship who vanquished the armada with the help of a 'Protestant wind'. The English lost only one hundred men and none of their ships. However, provisions and rations of sour beer left thousands ill or dying of typhoid, scurvy or food poisoning. (p.391)

Ten years later the patent agreement expired and was not renewed by the Queen. She reserved profits for the Crown. Elizabeth commented with reference to her Master of the Horse that "An unruly horse must be abated of his provender that he may be the better and more easily managed". (p.457) Essex had fallen out of favor with the Queen--predominantly because his activities in his Irish command could be construed as treasonous. Shortly thereafter he led a rebellion in London in the year 1601 against the Monarch and all citizens were called out to defend the Queen. The result for him was that two executioners were called to cut off his head.

Parliament was determined to end the abuse of monopolies through an act limiting her powers to grant them. However, the Queen decided to immediately revise the present system. Parliament was overwhelmed with joy on hearing the news and warmly received her 'golden speech'. "That my grants should be made grievances to my people, and oppressions be privileged under colour of our patents, our princely dignity shall not suffer". (p. 473)


D.卡尔顿 罗西  

2017年5月26日




Allison Weir, The Life of Elizabeth I, The Ballantine Publishing Group, New York: 1998.





                                                                          


                                                             Icewine Vines


Icewine


Recently, it was brought to the attention of the author through both an article written in The Globe and Mail and a question asked of the Prime Minister about the plight of two, Canadian wine entrepreneurs who face criminal charges with regard to a customs duty dispute. It is surprising that this issue has dragged on for over 13 months without Canadian government intervention and will culminate in a closed-door trial in the near future. The author will express an opinion on the matter.

John CHANG [ZHANG] who is a Canadian was born in Taiwan. Both he and Ms. Lu were charged with undervaluing a shipment of ice wine to China. However, rather than the issue being treated as a commercial dispute it was taken to a criminal court which has more serious implications. "Chinese law notes that those found guilty of evading more than 500,000 yuan in taxes could be punished with anywhere from 10 years to life in prison, as well as a fine of 100 to 500% of the evaded taxes."

About 20 years ago the author gave a present of a bottle of ice wine made by Inniskillen to his former director--Professor LI Pei. She recently passed away at the age of 99. LI Pei was the founder of (TESL) or teaching english as a second language in China. It was not an inexpensive gift and along with a package of American pistachios (which were her favourite) it was equivalent to a month's salary. He gave the ice wine which he had brought from Canada because it was uniquely Canadian. It was also a wine which was first in its class as was she.

The ambassador of ice wine at the time was Donald Ziraldo. He was undertaking the marketing of ice wine in China. The wine came from a vineyard in the Niagara Region which was 20 miles away from the author's hometown.

The author had read how Dr. Ziraldo's company was having some difficulty about a shipment to China. The details cannot be remembered but it seems that it was about a non-payment for shipment of ice wine. As you know, though, matters do not become more clear with time so accept with scepticism the inexactness of the recollection.

In those years the author was teaching a class of law students of whom most were at the doctoral level. If there is one thing he wanted them to remember was the difference between the word "persecution" and "prosecution". Many of them said they were "persecutors" rather than "prosecutors". To the author the image of "persecutors" brought up images of the Spanish inquisition where suspects were racked.

At any rate, the author emailed Dr. Ziraldo about the news story. The author offered to recommend one of his best students who was currently a lawyer and formerly a judge to represent the company, but this avenue was not taken at that time. It is not known how the issue was finally resolved or dealt with.

More recently, you may have read about the case of the Dawu Group which was founded by SUN Dawu. A subsidiary was sued for trademark infringement about what seemed to be a generic term with respect to its five grain liquor. The real issue though appears to be one of monopoly. This kind of issue can manifest itself in various ways, for example, with respect to specialized grapes and the land which supports them which are in short supply in the Niagara Region and on the other hand, a high demand in China for a premium icewine which demands a premium price by the nouveau riche.

However, the law firm Fasken Martineau classifies the most recent issue involving a Canadian as a customs dispute, and China’s conduct is a violation of its international trade obligations under the World Trade Organization Valuation Agreement. Under international trade law, disagreement over the valuation of imported goods is supposed to be resolved under the agreement. The author does not understood why the Canadian government has not recognized the case against CHANG and LU under the WTO Valuation Agreement and support them on this basis. Our government should call for the immediate release and repatriation of these two individuals on the basis of international rule of law.

It seems to the author that there is a concerted effort by the mainland Chinese to not only dominate in trade but to undermine the very symbols of Canada. There was nothing more Canadian than the Blackberry which became a Redberry through imitation. Then, there was the canola dispute over dockage which undermined a Canadian innovation in genetic engineering which took place decades earlier. Icewine has been faked for years in China by freezing grapes in the refrigerator. It may be that up to 50% of the Chinese icewine is fake with fake Canadian labels. Its quality is non-existent. Frankly speaking, if the Chinese could fake the Canadian water of icewine then they would not hesitate to do so. In effect, aren't they doing so?

Why hasn't the Canadian government sued under the China-Canada FIPA agreement in order to protect our icewine industry? It is evident that "exploratory" talks between China and Canada on extradition, free-trade, human rights and the environment will become the issue of the next election. It seems these days the "persecutors" outnumber the "prosecutors" in China. However, Canadians will neither accept closed-door trials nor closed-door talks. There is no compromise on core values.



 

D.卡尔顿 罗西  

2017年5月21日







1. Canadian winery owners face closed trial in China Ottawa — The Globe and Mail Robert Fife and Steven Chase

May 19, 2017

https://www.theglobeandmail.com/news/politics/canadian-winery-owners-face-closed-trial-in-china/article35054130/


2. Fake Icewine

http://www.thecanadianencyclopedia.ca/en/article/canadian-icewine/



3. Niagara winery owner arrested for allegedly smuggling $58.8 million worth of wine

Stephanie IP, Postmedia Network July 23, 2016

http://www.torontosun.com/2016/07/23/niagara-winery-owner-arrested-for-alleged-smuggling-588-million-worth-of-wine



4. Special Report: China and Niagara's wine

By Bob Tymczyszyn, Grant LaFleche, QMIAgency June 17, 2016

http://www.stcatharinesstandard.ca/2016/06/17/china-and-niagaras-wine



5. http://www.winesofcanada.com/icewine4.html


6. http://www.winesofcanada.com/ziraldo1.html








                                   



Reprint of Previous Post

https://sundawu.ca/Disquietude.html







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.

August 02, 2016

“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.


Both John CHANG [ZHANG] and his wife Ms. LU are farmer entrepreneurs as are SUN Dawu and his wife Ms. LIU along with their families.




                                       
                      



Undated family photo of Amy Chang, left, her father John Chang and mother Allison Lu (family handout)




Daughter of winery owners facing trial in China
pleads for Trudeau to intervene


STEVEN CHASE AND ROBERT FIFE

OTTAWA — The Globe and Mail

May 25, 2017

The daughter of two Canadian winery owners who face a criminal trial on Friday in Shanghai for allegedly failing to pay sufficient duties on shipments to China is pleading for Prime Minister Justin Trudeau to intervene.

Amy Chang says the Chinese government has criminalized a commercial dispute and that her parents’ treatment over the past 14 months should serve as a warning to people looking to do business in China, particularly because Mr. Trudeau’s government is trying to kick-start negotiations on a trade deal with Beijing.

The Chinese government accuses Mr. Chang and Ms. Lu of under-reporting the value of their wine shipments to China and consequently of underpaying the full duties owed. Their Lulu Island Winery in Richmond, B.C., is also named in the charges, and denies both allegations. Lulu Island said it has receipts from the Chinese customs authority that back up the couple’s claims of innocence.



https://www.theglobeandmail.com/news/politics/winery-owners-daughter-pleads-for-trudeau-to-intervene-with-beijing/article35110368/



      
                           

                                        Roger Tassé


Roger Tassé, who is considered the architect of the Canadian Charter of Rights and Freedoms, died in hospital Saturday in Gatineau, Que.


THE CANADIAN PRESS March 21, 2017

In 1980 Tassé led a team of Justice Ministry lawyers tasked with helping political leaders reach an agreement on The Canadian Charter of Rights and Freedoms.

In 1982 he was deputy justice minister in the Liberal government of former prime minister Pierre Elliott Trudeau where he played a lead role in the repatriation of the Canadian Constitution.


http://www.ottawacitizen.com/health/charter+architect+roger+tasse+dead/13388010/story.html





                       


If the icewine case against John Chang [Zhang] and his wife Ms. Lu were in Canada it would be regarded as an infringement of the defendants' rights and freedoms under the Charter of Rights and Freedoms. “In Canada, the actions of China Customs would be a clear violation of Section 9 of the Canadian Charter of Rights and Freedoms, which guarantees the right against arbitrary detainment and imprisonment.” However, rights and freedoms of Canadians under the Liberal government of Justin Trudeau take second place to free-trade between China and Canada through its sychophantically sideling up to an authoritarian regime.
 


                          



Shanghai Customs cracked the case of 300 million wine smuggling case involving 200 million of ice wine in four cases

July 20, 2016


Source: Legal Daily - Legal Network



上海海关破获案值3亿葡萄酒走私案

其中2亿冰酒涉4案

发布时间:2016-07-20 16:23 星期三

来源:法制日报——法制网



It appears there is a triple entendre in the title of this article. The title refers to a case of icewine, to a legal case of smuggling rather than a valuation issue and cracking open a bottle of icewine (usually in celebration. From the pictures one can easily see the place of origin for the Canadian product. One has to wonder though whether or not this is a "case" against a Canadian whose name is ZHANG or rather a Canadian whose place of birth was Taiwan. It so happens also that Canada wants free-trade with the PRC and not Taiwan.



4   起案件中,走私案值最大的一起涉案酒庄位于加拿大,该酒庄董事长张某通过导游吸引中国旅游团到酒庄参观并购买冰酒、葡萄酒等。消费者在境外交易付款后,张某即把订单发至“上海配送中心”,由配送中心把冰酒送到客户指定的境内地址。同时在张某的授意下,酒庄专门制作了虚假报关单据用于向海关申报进口,其申报进口价格远远低于实际成交价格。张某及该酒庄因此涉嫌价格瞒报走私犯罪。到案后,张某对走私冰酒的行为供认不讳。


The author has quoted this paragraph in toto. He asks you to carefully examine the last sentence. However, he will not provide a translation out of concern that it may not be correct. He will also not comment on it further out of deference to the defendants.     



http://www.legaldaily.com.cn/index_article/content/2016-07/20/content_6728714.html


John Chang