Caixin
Aug 30, 2024 08:14 PM
CHINA

Chinese Court Drops Charges Against Man Who Bought Endangered Parrot Online

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A monk parakeet. Photo: VCG
A monk parakeet. Photo: VCG

Dengzhou Municipal Court in Central China’s Henan province has dropped all charges against a man who bought an endangered species of parrot online. The verdict came on July 30 after a lengthy legal battle involving the evolving wildlife laws around artificial breeding of endangered wildlife.

The case highlights the difficulties authorities in China face as they try to protect wildlife while regulating the markets for wild animals and wildlife products.

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  • Dengzhou Municipal Court dropped charges against Zhou Hongxi for buying a protected monk parakeet.
  • Zhou was initially sentenced to prison and fined, but appealed based on distinctions between wild and artificially bred animals.
  • The case highlighted challenges in China's wildlife protection laws, leading to a Supreme People’s Court revision that eased penalties for certain violations.
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Dengzhou Municipal Court in Henan province, China, recently dropped all charges against Zhou Hongxi, who had purchased a monk parakeet online. This case, which concluded on July 30, 2023, underscores the complexities of China's evolving wildlife laws, particularly around the artificial breeding of endangered species [para. 1][para. 2].

In 2020, Zhou bought the parrot from a messaging platform as a pet for his children but later sold it to a pet shop owner, Tang Muo. The parrot was subsequently seized by the Dengzhou City Forest Bureau, as monk parakeets are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which China joined in 1981 [para. 3][para. 4]. Zhou, Tang, and another customer, Xue Mou, were sentenced to prison and fines for illegally purchasing, transporting, and selling a protected animal in November 2021 [para. 5].

Zhou appealed the verdict, arguing that the legal status of wild and artificially bred animals is different and that failure to obtain an artificial breeding license should be classified as an administrative violation, not a crime. Despite being a small case, it highlights broader issues in China's wildlife protection and regulation efforts, such as the farming of bear bile for traditional medicine [para. 6][para. 7]. China's first Law on the Protection of Wildlife (LPW) was enacted in 1988, prohibiting the hunting and breeding of protected species without a license, but the severity of punishments has often been disputed [para. 8][para. 9].

In May 2016, a similar case occurred in Shenzhen, where a man was initially sentenced to five years in prison for selling domesticated green-cheeked conures. His sentence was eventually reduced after appeal, influencing the ongoing debate about wildlife laws [para. 10][para. 11]. In April 2022, the Supreme People’s Court and the Supreme People’s Procuratorate issued a new interpretation that treated artificially bred animals differently, provided they met specific conditions, thus setting a new precedent for proportional judgment between crime severity and punishment [para. 12][para. 13][para. 14].

Following this new interpretation, Zhou appealed again. While the Nanyang District Court dismissed his initial appeal in September 2023, the Henan High Court authorized a retrial. Zhou's lawyer cited a pilot program introduced by the National Forestry and Grassland Administration (NFGA) in April 2021, allowing breeders to purchase and raise certain species like the monk parakeet without a breeding license. Given that monk parakeets are not native to China and must be bred in captivity, Zhou argued that his actions should not constitute a crime [para. 15][para. 16].

The Nanyang Intermediate Court sided with Zhou and sent the case back to Dengzhou for retrial, citing insufficient evidence and unclear facts in the original judgment. Ultimately, the prosecution withdrew the case, acknowledging the minor circumstances and insignificant harm caused [para. 17]. The parrot, meanwhile, remains at the Nanyang Zoo [para. 18].

This case has emphasized the need for clearer regulations and a more nuanced approach to artificial breeding and wildlife trade in China, a topic of ongoing discussion among legal scholars and policymakers [para. 19]. The prosecution’s decision to drop the case reflects evolving attitudes towards wildlife protection, balancing legal enforcement with the realities of domesticated and artificially bred animals [para. 20].

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What Happened When
1981:
China joined the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
1988:
China passed its first Law on the Protection of Wildlife (LPW).
May 2016:
Shenzhen Agriculture and Forestry Fishery Bureau detained a man for selling domesticated green-cheeked conures.
April 2021:
NFGA started a pilot program allowing breeders to purchase and raise certain species, including the monk parakeet, without a breeding license.
November 2021:
Zhou was sentenced to three months in prison and fined 3,000 yuan by Dengzhou Municipal Court. Tang received three months and a 2,000 yuan fine, and Xue received five months and a 3,000 yuan fine.
April 2022:
Supreme People’s Court and the Supreme People’s Procuratorate implemented a new act that defined protected wildlife and adopted a more forgiving approach.
September 2023:
Nanyang District Court dismissed Zhou's appeal.
May 15, 2024:
The case went to the Nanyang Intermediate Court for retrial.
July 30, 2024:
Dengzhou Municipal Court dropped all charges against Zhou.
AI generated, for reference only
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