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Dissident artist Ai Weiwei listens as his lawyer announces over a speakerphone the verdict of Ai's lawsuit against the Beijing tax authorities in Beijing Friday, July 20, 2012 AP Photo/Ng Han Guan

China: Artist Ai loses appeal against tax fine

Ai Weiwei – a vocal critic of China’s government – had decried the ruling, saying it an attempt to silence him.

ACTIVIST ARTIST Ai Weiwei believes a tax evasion case was meant to intimidate him, but losing his challenge to the 15 million yuan fine Friday did not silence his criticism of China’s government.

“Today’s verdict means that after 60 years of the founding of our nation, we still lack the basic legal procedures, the truth is not respected, and they do not give taxpayers or citizens any rights to defend oneself,” Ai told reporters at his design studio, where he stayed because police told him he was not allowed to attend the hearing. “The whole legal system is in a dark state right now.”

Ai and his supporters interpret the penalty Beijing tax authorities levied on his design company last year as official retaliation against his activism. He paid the guarantee in part with donations via wire transfers or from supporters who stuffed cash into envelopes or wrapped bills around fruit and threw the items into his yard.

Activism

An internationally known sculptor, photographer and installation artist, he has used his art and online profile to draw attention to injustices in Chinese society and the need for greater transparency and rule of law.

He was detained without explanation for three months last year during an overall crackdown on dissent. Following his release, Beijing Fake Cultural Development Ltd, was ordered to pay 15 million yuan (€1.9 million) in back taxes and fines. The company filed a lawsuit accusing the tax bureau of violating laws in handling witnesses, gathering evidence and company accounts.

On Friday, the Chaoyang District People’s Court announced its verdict amid a heavy security presence, as plainclothes and uniformed police blocked roads and forced reporters and diplomats to leave the area.

Court ruling

The court rejected the lawsuit on the grounds that the reasons given by the design firm in seeking to have the tax penalty revoked did not hold water, according to a copy of the verdict seen by The Associated Press.

The court said, for example, that the company was wrong in arguing that financial accounts seized from Ai’s studio by police should not be used as evidence in the tax authority’s investigation against the firm. It said tax investigators are allowed to use information sent to it by other departments or organisations.

Attorney Pu Zhiqiang, who attended the hearing with Ai’s wife, Lu Qing, who is the company’s legal representative, said the ruling was made “totally without reason.” Pu said the company would appeal the ruling.

“We have lost this lawsuit but we believe that our action in reality can serve as a symbol of the awakening of civil consciousness,” Pu said. “We do not recognise the legality of the ruling.”

Ruling ‘no surprise’

About a dozen supporters waited at a nearby intersection for the verdict. Tax lawyer Du Yanlin, who advises Ai, wore a grey T-shirt with the artist’s name printed on it in bold characters and was prevented by police from getting close to the courthouse.

Du said the court’s ruling was no surprise.

“Through this lawsuit we can clearly recognise what condition the Chinese judicial system is in. We can more clearly understand what Ai Weiwei’s situation is,” Du said. “He still has no freedom. He still can’t have justice.”

Before his own detention last April, Ai publicised fellow activists’ disappearances via Twitter and he has spoken out about a number of national scandals, including the deaths of students in shoddily built schools that collapsed during the 2008 Sichuan earthquake, children killed or sickened by tainted infant formula and a deadly high-rise fire in Shanghai that killed 58 people and was blamed on negligent workers and corrupt inspectors.

Constant surveillance

Since being released, Ai has been refused permission to travel and is under constant surveillance. He still frequently criticizes the government on Twitter, which is blocked in China but accessible to tech-savvy citizens.

China says he remains under investigation on suspicion of illegal exchange of foreign currency and pornography. The latter allegation is believed to be linked to satirical online photos of him posing naked with four women who are topless.

Read: Supporters send cash to cover dissident artist Ai Weiwei’s €1.7m tax bill>

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    Mute Brian Smith
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    Nov 10th 2018, 11:30 AM

    So €7k of cocaine and €6.5k of cannabis found. Not exactly jaw dropping amounts for a 100 gardai and even more customs officers involved. I thought the Garda were lacking resources? Doesn’t seem so here, more like overkill .

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    Mute Trotter Rodney
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    Nov 10th 2018, 12:36 PM

    @Brian Smith: Well Said
    Couple of oz of weed.
    No biggie in any other country.

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    Mute Frank Cauldhame
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    Nov 10th 2018, 5:24 PM

    @Brian Smith: When marijuana eventually is legalised wait until you see who gets the licences to sell it, friends of those in high places ! Joking aside, it will free up Garda resources and become a revenue stream for the state. Its only a matter of time.

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    Mute Patricia McCarthy
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    Nov 10th 2018, 11:20 AM

    Free the weed.

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    Mute OzMundy
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    Nov 10th 2018, 12:22 PM

    @Patricia McCarthy: …the focus of today was intelligence gathering…really?! Complete failure so…

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    Mute Diarmaid Twomey
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    Nov 10th 2018, 11:30 AM

    100 Gardai to seize, what is in an overall sense, a small quantity of drugs. No doubt there is diligent work going on etc, but we have to start asking ourselves what is the point in it all? Nothing is being stopped for such a huge investment of resources, and we are continuing to leave the safety of our people who use in the hands of those looking to make a quick buck.

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    Mute Starburst
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    Nov 10th 2018, 12:55 PM

    @Diarmaid Twomey: equates to about 135 quids worth of police work per Garda, wow!

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    Mute Hank Kingsley
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    Nov 10th 2018, 11:32 AM

    That’s definitely over €6,500 worth of cannabis in that picture. Only needed 100 gardaí to seize it, too. Money well spent, lads.

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    Mute Paul
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    Nov 10th 2018, 11:39 AM

    100 Gardai to seize that?? Ffs. What a waste of resources

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    Mute Michael Grogan
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    Nov 10th 2018, 12:24 PM

    Stop wasting my tax money.

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    Mute Margate
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    Nov 10th 2018, 3:01 PM

    @Michael Grogan: Great comment. Try saying that to people affected by recent events/ tragedies in Foxrock, Athy, Laytown, just to mention a few- in a matter of days..???

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    Mute Michael Grogan
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    Nov 10th 2018, 5:27 PM

    @Margate: It takes 100 Gardai to take €13,000 worth of drugs of the street. I’ll say it again. Stop wasting my tax money.

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    Mute Brian Smith
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    Nov 10th 2018, 11:44 AM

    They should’ve used some of those 100 Garda on speed checks on motorways and roads where no pedestrians/ houses or accidents ever happen. Much better use of resources, and make sure they get lots of overtime as well!!!!!

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    Mute Todd Hebert
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    Nov 10th 2018, 11:59 AM

    Complete waste of Gardaí resources!
    Legalise, regulate, tax!

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    Mute Peter Byrne
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    Nov 10th 2018, 1:44 PM

    Gardai only enforce the law, and well done to them as far as I am concerned, good job

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    Mute David Naylor
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    Nov 10th 2018, 2:08 PM

    What a waste of time and resources. 100 people involved in a small bust. The cost of paying their overtime is probably triple the amount they actually found.

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    Mute David Daly
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    Nov 10th 2018, 5:07 PM

    Great, now put them away for a 5 year suspended sentence

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    Mute Alan Wallace
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    Nov 10th 2018, 12:13 PM
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    Mute Ronan O' Grady
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    Nov 11th 2018, 9:58 AM

    @Alan Wallace: i enjoyed that. very good read. thumbs up

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    Mute Alan Wallace
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    Nov 10th 2018, 12:12 PM
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