Subject: CND-US, March 10, 1993

From: [email-masked]
Date: Wed, 10 Mar 1993 18:51:54 EST

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                                (US Regional)

                          Wednesday, March 10, 1993

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has  basically no overlap with the daily news.  CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
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Table of Contents                                                 # of Lines
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1. News Briefs (4 Items) ................................................ 43
2. CND Initiates June 4th Historical Info-Base Project .................. 28
3. Mistreatment of Chinese Lab Assistant Provokes Protests, Lawsuit ..... 53
4. Chinese Writer Zheng Yi Spoke on Cannibalism ......................... 37
5. Analysis on Implementation of Chinese Student Protection Act of 1992 .150
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1. News Briefs (4 Items) ................................................ 43
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[World Journal, 3/9/93] -- U.S. House representatives John Porter, Tom
Lantos, Nancy Pelosi and Ben Gilman today sent a letter to Chinese Premier
Li Peng to express their concern of the fate of many prosoners of conscience
still in jail. The representatives welcame the recent release of student
activits but stressed that much more imprivements are still necessary.  They
pointedly requested the immediate release of the seriously ill dissident Ren
Wanding and other prisoners of conscience on medical ground.
(Forwarded by: I. Ding <[email-masked]>)
                               ___  ___  ___

A recent letter from Prof. Ding Zilin of People's University in Beijing,
whose son was shot to death on June 4, 1989, indicated that Prof. Ding has
filed a lawsuit against the National Education Commision and the Academic
Degree Office of People's Univ. for prohibiting her from advising her
graduate students. Prof. Ding had a heart attack last July and is in good
condition now.  She said that she would make her effort for the improvement of
human right in China in her remaining years.  Prof. Ding received dozens of
letters and post cards from oversee students and scholars before Christmas of
1992. One letter had more than 70 signatures. Since last summer, several
students studying in USA have visited her family. The family is very grateful
for the concern which is great comfort to the family.
(From: Ping Lu <[email-masked]>
                               ___  ___  ___

A professor of the Chinese Academy of Science (CAS) has two Chinese National
Science Foundation projects: 1. Environmental structure and evolution
tendency of SongHuaJiang-NunJiang Plain; and 2. Environmental Change of
QingHai-Tibet Plateau. A specialist in related fields is invited to visit
CAS for possible cooperation. Interested parties may contact Li Xiaowen at
<[email-masked]>. (From: Li Xiaowen, via AEIC)
                               ___  ___  ___

The Alumni Directory of the University of Science & Technology Beijing
(formerly Beijing University of Iron & Steel Technology) has been editted by
some alumni in USA, which lists about 85 names. The purpose of the directory
is to promote the friendship and communication socially and acdamically
among the USTB alumni in North America. If you would like to add your name
into it and receive a copy, please send your following information: Name
(last name, first name), Address and Telephone # (home, business and fax),
E-mail Address, Your class in USTB (the admitted year), and Area of your
expertises, to Ming Ke, Dept. of Metallurgical Eng., Michigan Technological
University, Houghton, MI 49931, USA; or email <[email-masked]> or
<[email-masked]>. (From: Ming Ke <[email-masked]>)

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2. CND Initiates June 4th Historical Info-Base Project .................. 28
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>From: Weihe Guan
Source: CND, March 9, 1993

The CND June 4th Historical Info-Base Project is sponsored by China News
Digest (CND), CND's Hua Xia Wen Zhai Chinese Magazine and the Seattle June 4th
Foundation and aims at collecting news reports, photos and any other related
historical documents about the June 4th pro-democracy movement happened in
China in the Spring of 1989, organize them, input (typing, scanning,
digitizing) them into a computer info-base, and provide them for public
access through the international computer network (Internet).

Materials are cataloged chronically and geographically, with the emphasis in
the period of April to June of 1989 in mainland China, including photos,
banners, flyers, posters, newspaper and magazine clips, poems, songs,
essays, diaries, letters, governments and organizations announcements, and a
bibliography of published books.

This project has been carried out by volunteers, mostly Chinese students and
scholars overseas like myself, and aimed to complete the first part of the
info-base before the 4th anniversary of the movement in this year. We are
appealing to various organizations and individuals to provide us information
to be included in the info-base.

If you have any information that may be included into this info-base, please
send it to:
     Dr. Yuan Liu, Physics Department, Concordia University,
     1455 de Maisonneuve O., Montreal, Quebec, Canada, H3G 1M8.
     (514)484-1649(home), 848-2879(office), 848-3494(fax).
     [email-masked]

For more information, please write <[email-masked]>.

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3. Mistreatment of Chinese Lab Assistant Provokes Protests, Lawsuit ..... 53
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Forwarded by: Deming
Source: The Associated Press, March 8, 1993

CHICAGO -- Zeng-Li Yang thought she had the promise of $12,000 a year to go
with a job at Northwestern University and her new life in America.  She
received no money for two years. And when her husband sought pay on her
behalf, she was beaten up by the man who recruited and eventually fired her.

The story of Yang, a graduate of a Beijing university, has produced protests
and petitions on campus.

Yang's history with the university began in 1990, when she was recruited
from Beijing College of Traditional Chinese Medicine by Lang Xia, one of her
former teachers. Yang, 40, has a bachelor's degree from the Beijing school.

Xia was fired Monday for "misrepresentation and deception," university
officials said.  The dismissal wasn't related to his beating Yang last fall,
but to his role in recruiting her for the school's scholars' program,
university spokesman Ken Wildes said.

A 1990 letter to Yang from Professor J. Peter Rosenfeld said she would work
at Northwestern from Sept. 1, 1990, to May 31, 1993, for an annual salary of
$12,000, according to a copy of the letter provided by Yang's lawyer,
Jonathan Lustig.

She cared for and observed rats at a psychology laboratory in a study of the
effects of opiate derivatives, Lustig said.

Northwestern said in a statement last week that Yang signed an agreement
with Xia that she wouldn't get paid, though Yang denies it and Northwestern
wouldn't produce a copy of the agreement.

Northwestern offered Yang $32,000 while acknowledging there might have been
confusion about her salary. Yang has turned down the offer, choosing instead
to file a lawsuit.

Yang's visa application, signed by university officials, also listed the
$12,000 annual pay, according to a copy of the application provided by
Lustig.

Yang, who doesn't speak English, waited two years before her husband
confronted her bosses because she feared risking her status in the United
States and her relationship with the school, Lustig said.

Yang's husband went to Xia in August to inquire about her pay, Lustig said.
When Yang showed up for work the next day, Xia, 54, kicked and beat her with
his fists, Lustig said.

Yang was hospitalized and suffers dizziness and other problems, including
medical bills of about $3,000, Lustig said. Xia pleaded guilty in November
to a misdemeanor charge of battery. He was ordered to have no contact with
Yang and pay $100 in court costs.

About a week after Xia was sentenced, Rosenfeld fired Yang, saying Xia was
"an indispensable and essential co-investigator."

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4. Chinese Writer Zheng Yi Spoke on Cannibalism ......................... 37
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Fowarded by: Wu, Fang
Written by:  Qi, Sen, March 8, 1993

Washington, DC -- Zheng Yi, a writer who first reported the Guangxi
cannibalism during Chinese Cultural Revolution, gave a talk at the
University of Maryland, College Park on Saturday, March 6th.

In his talk, Mr. Zheng showed slides he took when he interviewed the
cannibals and visited the sites where the horrible events happened almost
thirty years ago.  This talk, according to Mr. Zheng, was an updated version
of his first writing published in Hong Kong (see Hua Xia Wen Zhai ZK15).
The first version, he said, was written in his running to escape from
Chinese authority's hunt when he did not have access to his notes from the
interviews. The writing was therefore solely based on his memory.  This
talk, however, was based on his recently published book, "Red Monument",
which gives a more detailed and accurate account of the cannibalism
practiced on political enemies during the Cultural Revolution.

Mr. Zheng examined the deep roots from which the human tragedy developed in
China in his analysis.  Chinese people have been known as polite, obedient.
But this obedience has been the result of highly oppressive feudal political
system.  When patience wore thin, rebellion or extreme violence seemed to be
a mechanism to release people's psychological tension.  There were no lack
of evidence in Chinese history that people became violent periodically under
the authoritarian oppression.  Therefore the political system, not the
Chinese race was to blame for the darkest era of modern world history.

Mr. Zheng said that the Chinese officials were fully aware of the tragedy in
Guangxi province.  But they pretended to be ignorant and had been trying to
let people to forget.  Many who had eaten people feared that the victims'
families would seek retaliation.  On the other hand, many victims' families
being interviewed already became numb after more than two decades of
cover-up by the communists.  They were either unable or unwilling to seek
justice for their loved ones.  Mr. Zheng urged the audience not to forget
the past however it was ugly.  Remembering the old crime could be the best
measure to prevent the similar crime from occurring.

Mr. Zheng Yi and his wife Bei Ming, who is also a writer, were warmly
welcomed by more than two hundred Chinese students, and people from the
Chinese communities near Washington, DC.

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5. Analysis on Implementation of Chinese Student Protection Act of 1992 .150
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>From: Junwei W. Hou <[email-masked]>
Source: China-Net, March 9, 1993

The report released by IFCSS last week indicates that INS is in the process of
formulating the implementing regulation of the Chinese Student Protection Act.
According to the report, INS is planning to release the regulation sometime in
April.  It seems that only very brief period of time will be available for
comments from the CSS and other interested parties on the first draft of the
regulation before INS finalizes the regulation.  Accordingly, the interested
CSS should begin immediately to collect questions and concerns regarding the
Act and to discuss such questions and concerns with INS.  The process of
collecting questions and presenting these questions to INS should be completed
as soon as possible so that INS will have sufficient time to consider these
potential problems before releasing the regulation.  Hopefully, the CSS and
their local organizations will again cooperate closely with IFCSS and its
high-profile legal advisors to ensure that the Act is faithfully implemented.

The attached analysis of the Act is intended to aid the interested CSS in
identifying potential problems concerning the Act.  This analysis is based
solely on the author's understanding and knowledge.  For more detailed
analysis about the Act, the interested persons should consult their
immigration lawyers or responsible government officials.

*INA refers to the Immigration and Nationality Act, as amended.
*INS refers to the Immigration and Naturalization Service

                    -- -- -- -- -- -- -- -- -- -- --
1. Petition Procedure and Immigrant Visa Quota

Under the regular immigration procedure, any alien applying for an immigrant
visa is required to file a petition to the Attorney General for
classifications, either family-sponsored, employment-based or others.  Under
the Act, however, any qualified PRC national will be automatically
considered to have obtained a petition approved by the Attorney General
under the employment- based classification.  It is expected that INS will
provide in its regulation a practical mechanism substituting for the regular
petition procedure.

Since the number of qualified PRC nationals is expected to reach 80,000, the
drafters of the Act apparently are concerned about the negative impact of
the Act on the numerical quota set forth in the current immigration laws.
However, the Act is somewhat ambiguous with respect to this concern.  On one
hand, in order to overcome INA 202(a)(2) which limits immigration quota per
country to 7% of the world-wide immigrant visas issued in any fiscal year,
the Act explicitly provides that such per country numerical limit will not
be applicable to the qualified PRC nationals.  On the other hand, it seems
clear that INS's regulation will subject the Act to the limitation of
world-wide numerical quota.  The limitation on immigrant visas issued world-
wide is about 675,000 per fiscal year (Oct. 1 - Sept. 31).  As the INS
official indicates, the number of visas available for the qualified PRC
nationals in the remaining of the current fiscal year (July 1 to Sept. 30,
1993) will be around 40,000.  Consequently, the process of implementing the
Act will be likely to consist of two separate periods:
     1) The first period will be from July 1 to Sept. 30, 1993, during which
about 40,000 qualified PRC nationals will be able to adjust their status.
     2) The second period will last from Oct. 1, 1993 until Sept.  30, 1994,
during which the rest of the qualified PRC nationals will be able to adjust
their status.  Apparently, there will be more than sufficient immigrant
visas available for these PRC nationals to obtain their permanent residence
status during the implementation period from July 1, 1993 to June 30, 1994.

If INS indeed follows the two-step process, the interested CSS should
ascertain what criteria INS will apply in allocating the qualified PRC
nationals' applications into two separate processing periods.  Furthermore,
it may be necessary to inquire about any possible consequence of having to
wait for immigrant visas, keeping in mind that the executive order issued by
President Bush will remain effective until the end of 1993.

2. Grounds for Exclusion

According to INA, any alien applying for an immigrant visa must have valid
status and must not be identified as an excludable alien described in INA
212 (a).  However, the Act provides that the following requirements listed
in 212(a) will not be applicable to the qualified PRC nationals:
     1) Labor Certification. 212(a)(5)(A)
     2) valid documentation such as a valid unexpired immigrant visa,
reentry permit, border crossing ID, valid unexpired passport, etc.
212(a)(7)(A)
     3) J-visa, i.e. 2 year home-country requirement. 212(e)

The Act also explicitly waives the provision in the immigration law which
excludes aliens engaging in unauthorized employment or losing lawful status
prior to the filing for immigration adjustment.  In addition, the Attorney
General has the discrection to waive any other provision of INA 212(a) "for
purpose of assuring family unity, for humanitarian purposes, or if otherwise
in the public interest", except the following provisions excluding:
     1) drug dealers. 212(a)(2)(C)
     2) "any alien who a consular officer or the Attorney General knows, or
has reasonable ground to believe, seeks to enter the United States to engage
solely, principally, or incidentally in" unlawful activities." 212(a)(3)(A)
     3) Terrorist Activities. 212(a)(3)(b)
     4) Aliens with "potentially serious adverse foreign policy
consequences" for the U.S., with some exceptions. 212(a)(3)(C)
     5) Participants in Nazi Persecutions or Genocide. 212(a)(3)(E)

As indicated by the INS officials, one of the provisions which likely will
be waived by the Attorney General is the provision excluding aliens who is
likely to become a public charge, i.e., persons who "by reason of poverty,
insanity, disease or disability would become a charge upon the public."
However, it remains unclear as to how the Attorney General will exercise
his/her discretion, "for purpose of assuring family unity, for humanitarian
purposes, or if otherwise in the public interest", to waive other provisions
of 212(a) which may exclude certain groups of PRC nationals form PR
adjustment.  The interested CSS may need to consider the possibility of
other provisions of 212(a) being waived by the Attorney General, such as
provisions excluding aliens from PR adjustment based on health-related
grounds, criminal grounds and on the ground of immigrant's membership in
totalitarian party, including the communist party.

3. PRC Nationals Covered

The Act covers the PRC nationals and their dependents who were
     (1) in the United States before or on April 11, 1990;
     (2) not physically present in China for longer than 90 days between
April 11, 1990 and October 9, 1992; and
     (3) have "resided continuously in the United States since April 11,
1990 (other than brief, casual, and innocent absences)".

According to the IFCSS's report, INS will have the discretion to decide
whether one's absence is to be characterized as "brief, casual, and
innocent" on a case-by-case basis.  It has been suggested by the INS
officials that the CSS who, for academic purposes, were abroad for some
months during the period of the past three years will still be eligible for
PR adjustment under the Act.

Finally, there will be one-year application period for the adjustment of
permanent residence status beginning on July 1, 1993.  However, the benefit
provided in the Act will not be materialized if the human rights condition
in China no longer supports the presumption that the safe return of the PRC
nationals are not warranted.  The Clinton Administration will be responsible
for providing such proof before July 1, 1993.

4. Future Offsetting in Immigrant Visa Number

According to INA 202(e), no offset in number of visas should be made if "an
alien is granted the status of having been lawfully admitted for permanent
residence."  However, the Act provides otherwise.  Immigrant visas issued to
PRC nationals in the years following the adjustment period will be reduced
by the number of 1,000/yr.  The distribution of the 1,000 immigrant visas
reduced will be divided as following:
     1) 300 visa numbers reduced will be from the category of employment-
based skilled workers, professionals, and other workers.  The world-wide
level of this category is 40,000 plus what is left over from other
categories and the number assigned to China can be found in relevant INS
documents.
     2) 700 visa number reduced will be from the category of "employment
creation". The world-wide level in the category is about 10,000.

This reduction of 1,000 immigrant visa number from that assigned to PRC
nationals under the INA will continue each year until such deduction equals
or exceeds the number of immigrant visas issued to the PRC nationals under
the Act.  The formula for calculating such reduction during or after the
application period is:

1,000/yr + (the quota assigned to PRC - actual no. of PRC immigrants during
the fiscal year).

(for the purpose of this calculation, the no. in () can not be negative.
Otherwise, it will not be included in the formula.)

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