报道链接：http://www.globaltimes.cn/content/1020516.shtml

报道时间：2016-11-27

报道全文：

State-owned firm’s description of corrupt employee’s sex life draws criticism

Photo: IC

"Exchange sexual experience," "give sexual guidance," "masturbation" …. It is hard to imagine these words appearing in a staid State-run organization's official documents.

       Yet they have. In an unusual move, the disciplinary watchdog of the China Railway Corporation (CRC) publicly humiliated an official by revealing the lurid details of his inappropriate relationship with a female colleague (and possibly her daughter too) in an official announcement.

       Huang Gang, 50, former director of CRC's safety and supervision management bureau, was demoted to the position of deputy director and was given a year of probation by the discipline inspection group of the Communist Party of China under the CRC due to his bad behavior, news site thepaper.cn reported on November 16.

      According to the report, Huang sent more than 2,300 text messages, most of which were lewd, to the woman surnamed Yang over six months this year. The pair also discussed how to provide "sexual guidance" to Yang's daughter and agreed to "take the old and young together."

     Besides the public outcry over whether Huang's punishment was too slight, the official notice, dated November 8 was widely circulated on Chinese social media, and triggered heated discussion over whether it violated Huang and Yang's privacy.

'Pornographic book'

     The five-page document said that in 2011 Huang met Yang who then worked at the railway station in Baoji, Northwest China's Shaanxi Province and used his power to transfer Yang to the Hengshun Logistics Company in Xi'an, the provincial capital in 2013. In May this year, at Yang's request, Huang helped Yang's daughter get an internship at local bus company.

     The document said that during this period, Huang and Yang spoke about sex via messages, phone calls and pictures. It also mentioned several times that they had conducted "masturbation."

     Moreover, it said that Yang asked Huang to provide "sexual guidance" to her daughter as she was feeling "sexual apathy" and on July 4, Huang hugged Yang in front of her daughter in a hotel in Xianyang, a Shaanxi city 23 kilometers away from Xi'an.

     CRC confirmed the authenticity of the document with thepaper.cn.

     The document made a splash on Chinese social media and the post on Sina Weibo was shared by over 1,000 netizens in only a few hours. Many Net users exclaimed that they had never before seen such a "bold," "exciting" and "detailed" official document.

     Some even said that they have never read an official document so attentively and carefully before and it was like reading a "pornographic book."

Right to know?

     Amid public amusement, some legal experts said that the document may have violated the pair's privacy.

     Beijing-based lawyer Zhang Xinnian told the Global Times on Thursday that generally speaking, disciplinary watchdogs' investigation files should be as detailed as possible as they are only allowed to be examined by investigators and specific authorities as evidence. However it is inappropriate to reveal so many details in a document that is made available to the public.

     "The punishment notices that are open to the public, such as those published on the official website of the Central Commission for Discipline Inspection, only give a general description such as saying the person 'lead a corrupt life' and 'traded power and sex' and never depict specific details," said Zhang.

     Zhang added that while committing adultery is immoral, it does not constitute a crime. Therefore, only moral condemnation is imposed on ordinary people. But Party members and officials are given stricter requirements given their special identity and they should be punished if they commit adultery.

     "However, their privacy should be protected and leaking the document to the public is suspected to have violated their privacy."

      Zhi Zhenfeng, a legal expert at the Chinese Academy of Social Sciences, said that the bold announcement could not achieve the desired effect and would damage the image of the Party and the disciplinary organs.

     "There are some restrictions on an official's personal privacy such as them being required to report their property and their marriage status. However, the restrictions should be imposed only in those ways," said Zhi.

      However, an article published on news site ifeng.com argued that the report did not reveal any "pornographic" details and only made general descriptions with eye-catching wording. Therefore, it did not necessarily violate their personal privacy.
   
     "As an official, he should clearly know that his privacy will be pried into by others and he has to know that his privacy should give way to the public's right to know," said ifeng.com.

http://www.zhonghenglawyer.com

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