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Opinion | Beijing offers rare amnesty, but could it be a lost opportunity for China?

  • President Xi Jinping has shown himself capable of surprise, whether he is responding to the Hong Kong protests or the US trade war. But his failure to pardon political prisoners and rally China proves there are limits to his flexibility

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President Xi Jinping waves as he reviews troops on Tiananmen Square during a Victory Day military parade in September 2015. He has signed two amnesty orders since taking office, one to mark the 70th anniversary of the end of the second world war in 2015, and the other to celebrate the 70th anniversary of the founding of the People’s Republic China this year. Photo: EPA
To mark the 70th anniversary of the founding of the People’s Republic of China, Beijing has granted special pardons to nine categories of prisoners. This is the ninth amnesty since the Communist Party took control of the country, and the second since Xi Jinping took office. The previous amnesty was announced in 2015, on the occasion of the 70th anniversary of the end of the second world war.
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Before Beijing declared the latest amnesty for Chinese and foreign individuals, I had expected Xi to take this chance to pardon political prisoners (although there are no political crimes under the Chinese penal code, in reality those facing political persecution are often convicted of criminal offences). It would have demonstrated the stated aims of the amnesty, which include continuing the fine traditions of Chinese civilisation, such as cautious punishment and benevolence to prisoners. It would also have shown there is still a sliver of space for political openness in the current harsh environment.

Out of the nine categories announced, political prisoners could have fallen under the sixth category – those aged 75 and above and with serious physical disabilities. But the Chinese government also stated it would not pardon those who refused to repent or were deemed dangerous to society, provisions that would exclude political prisoners.

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Since Xi came to power, Beijing has strengthened its control over public opinion, suppressed dissidents and human rights lawyers, and emphasised ideology in the fields of thought and culture, such that the authority of the party and Xi has reached an apex. Yet, considering China’s current social situation, it should be difficult, but not impossible, for Xi to pardon political prisoners and send a reassuring signal to society.
Beijing had declared seven amnesties before 1975, but none between 1975 and 2015 – not even during the two relatively relaxed decades, the 1980s and the 2000s. The amnesty of 2015 was unexpected because while the 70th anniversary of China’s victory against Japan was major, it was also just a commemorative celebration. To some extent, it illustrated Xi’s ability to surprise – and he has sprung more surprises since.
Recently, contrary to many observers’ expectations, Xi did not push for tough measures against the million-strong anti-extradition protests in Hong Kong. Last year, when private entrepreneurs had a crisis of confidence and many believed Xi would ramp up the policy of promoting the state sector over the private sector, he made a 180-degree turn towards private enterprises .
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