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Sim Chi Yin
China Correspondent
A legal case that can’t be won?
March 01, 2009 Sunday, 10:22 PM
Sim Chi Yin ponders if China has a legal claim to the historic Qing sculptures.

In Beijing

ARE they for real or just putting on a show?

Those questions are being asked of a group of Chinese lawyers who have become the public face of China’s fight to bring home two Qing dynasty bronze sculptures auctioned off for a record sum in Paris last week.

When the rat and rabbit head bronzes were being put up for auction, the lawyers wrote letters of protest and demanded that they be removed from the sale. At the eleventh hour, they applied – but failed to get – a French court injunction to stop the event.

Just before last Wednesday’s auction, one of them flew to Paris to try to do what he could.

And now, days after the pair of rat and rabbit fountainheads looted from Beijing’s old Summer Palace (Yuanmingyuan) almost 150 years ago were bought by mysterious phone bidders for 15.7 million euros apiece, the lawyers are still in hot pursuit.

"We’re hunting for the buyers. We’ll negotiate with him, persuade him to return the relics to China. If that’s not possible, we’ll have to consider legal means," Beijing lawyer Li Xingfeng, told The Straits Times.

He is one of about 90 legal hounds from around the country who have joined the pack – the first time such a group has gathered to chase after China’s cultural relics.

To be sure, they are riding on a wave of patrioitism, and a – contrived or real – sense of lingering injustice from the "century of humiliation" that China suffered at the hands of Western imperialists, a chapter in modern Chinese history vividly symbolised in textbooks here by the sacking of Yuanmingyuan.

Netizens shout their approval from the Web, asking the government to punish auction house Christie’s for defying China’s protests. There seems to be a sense, among Netizens and regular Beijingers one chats with, that as China’s economic and military prowess rises, it wants to speak more loudly on the world stage – and be heard.

As one poster on the popular Sina.com news website wrote: "Our country is strong now, we must be tougher on countries that are gangsters and robbers."

The government too is on side, issuing repeated warnings for Christies to not auction off the bronzes and then, eventually, slapping controls on the London-based auction house immediately after the sale was made.

But does China have a legal claim to the two bronzes?

Local and foreign experts say "no", noting that the three international conventions protecting looted cultural relics – the earliest of which dates to 1954 – cannot be invoked or applied retroactively.

And the United Nations Educational, Scientific and Cultural Organisation (Unesco) said as much in a statement on the auction of the Yuanmingyuan sculptures.

But it added that it does "encourage the return of cultural property to its countries of origin" through a 22-country Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, which can step in to help if negotiations between the two countries involved fail.

Unesco also said it had not received a request for help from China on the two fountainheads as yet.

Professor Wang Yunxia, an expert in cultural relics law at Beijing's Renmin University, said: "I feel there is insufficient legal basis in this case. If the group of lawyers raises a legal case again even now that the sculptures have been sold, it’s a waste of time and society’s resources."

But leader of the lawyers’ group Liu Yang, a Beijing lawyer specialising in commerical law, dismissed accusations in the local media that he and his team were just "putting up a show".

He said last week before flying to Paris to witness the auction: "To us, this is not a difficult case. It’s like just another commerical case. It’s just that it’s about a cultural relic. That’s all."

Ultimately, though, it seems the self-appointed legal guardians of the rat and rabbit fountainheads may be out more to make a point than to win a case.

Retired Qing historian Wang Daocheng, a respected authority on the imperial gardens and palaces, said that besides leaning on diplomacy, the legal avenue is one that China now has to experiment with in its bid to recover its 10 million or so antiquities "lost" overseas.

He noted that the rat and rabbit heads were sold for a record price of 15.7 million euros each – well above the earlier estimates of 8 to 10 million euros apiece. More importantly, the sum is much higher than the HK$7million (S$1.4million) to US$8.84 million (S$13.5 million) apiece that state-backed company Poly Group and Macau gambling king Stanley Ho paid to recover five of the set of 12 animal heads earlier. (The remaining five heads have not been found.)

Prof Wang said: "They are clearly trying to exploit Chinese people’s patriotism and to extort our money. It’s clear that our previous strategy of buying back our relics cannot work anymore.

"We must continue to pursue our relics through legal action.

"Even if it doesn’t work, it will remind the French of what their ancestors did to us."



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Total comments: 10
Oh Siow Teck
March 09, 2009 Monday

Obviously these looted items should be returned to its rightful owner; no domestic laws or rhetoric can over-ride this moral truth. It is even more so coming from the the same people who have prided themselves as cultured and profound - by producing many philosophers and their attending philosophies, as being righteous - by lecturing and showing the world the wisdom of liberty, democracy and human rights. But when it comes to self interests such as this, then you are confounded with another new chapter. Having said that, we must never forget this wise saying : When 2 nations are of equal strenght, diplomacy is might. When one is stronger than another, then might is diplomacy. What is needed now is for the victim to be clear- minded that one is no longer weak and the other is no longer great. Having been that and done that many times over, she must avoid self-destruction and patiently watch the favouring trajectory of the future unfolds and then deja vu; the word Chinoiserie was not coined without a valid reason.Merci. And this also apply to the other more than 17 million historical artefacts and antiques held by its many owners, mostly through lootings and skulduggery.

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Jimmy
March 03, 2009 Tuesday

I don't know if this is an example of Western ignorance or arrogance, but either is painful to watch as an American who is the inheritor of the imperial legacy. Wealthy descendants of butchers sit on the cultural artifacts of exploited nations, and then hide behind the legal code of the imperialist nation itself, so they can go on to profit from centuries of exploitation by reselling the artifact at auctions.

"Art law", like most forms of property law, is a scam designed to benefit those who possess far more resources than they could ever put to use. The madness of property law (given that most property was acquired through imperialism by the time modern legal codes were established) was illuminated best in the 19th century U.S. Supreme Court case of Johnson vs. M'intosh. That case invalidated the land deeds of private owners in the U.S. who bought land in Illinois from Native Americans, but the land was later annexed by the United States. The Supreme Court was forced to invalidate the deeds, even though they were legally acquired, because to recognize them would necessarily include recognizing the Native American's original ownership, and thus the entire United States would be considered illegally acquired. So the U.S. Supreme Court was happy to declare that Native Americans had no title to their land, and the U.S. was simply annexing open territory as far as the law was concerned. (And in case you were wondering, Johnson v. M'intosh has never been overturned, making it valid law in the U.S.)

Sad to see that Western nations are still so self-satisfied with their legal mumbo jumbo that they can't see the painfully obvious injustice at hand. Return all cultural artifacts to their nations of origin now, and be done with it. The bloody legacy of imperialism is perpetuated on a daily basis as long as the West refuses to recognize that their presently held wealth was acquired through rape and murder.

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Bob
March 03, 2009 Tuesday

Germans paid back severly what they did to the jews.
An apology was given by Presidend Clinton on the issue of Slaves.
Frence killed few hundred Chinese citizens during the robbing of these items,and today have the nerve to stand high and mighty to talk about human rights in China.Not just Chrysties,but France too will pay a high price for it's arrogance in these economic times.Watch and see.........


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weihongli
March 03, 2009 Tuesday

Based on the huge amount of emphasis China seems to be putting on this, I don't see why they don't just buy back the relics. They are not really creating any precedent, as the other 5 have not been found and although the Chinese think that other bidders are exploiting the 'Chinese people’s patriotism and to extort our money', the only people to actually admit making bogus bids are the Chinese themselves.

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Max
March 03, 2009 Tuesday

Strange that the communists didn't seem to care so much about their imperial cultural heritage during the years of wanton destruction of the Cultural Revolution. Plus ca change....as they say in France.

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