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Outspoken lawyer let out of detention

By Wang Jingqiong (China Daily)
Updated: 2009-08-25 10:53

An outspoken Beijing lawyer who was granted bail on Sunday may avoid prosecution if he pays a fine for tax evasion, his attorney said Monday.

Although Xu Zhiyong was allowed to walk from a Beijing detention center on Sunday after being locked up since late July, authorities have not abandoned the accusations of tax evasion that led to his detention.

"If Xu pays the fine for tax evasion, it's likely he will not face prosecution," said Zhou Ze, Xu's lawyer. "I believe he won't be in other kinds of trouble."

Mainland tax authorities levied a 1.42-million-yuan ($208,000) fine in July on the legal organization Gongmeng, a legal assistance group Xu helped found.

Xu told reporters that he will be allowed to leave Beijing while authorities continue to look into the case, but he has to get permission first.

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"I must be willing to help the judicial authorities as they investigate the case," Xu told reporters. His colleague Zhang Lu was also freed on Sunday.

Gongmeng, whose English name is the Open Constitution Initiative, is an association of lawyers and academics.

Its lawyers have established a reputation for taking on high-profile compensation cases, including ones linked to the tainted-milk scandal that shook the nation last year.

Zhou Ze, who volunteered to be Xu's lawyer, said he hasn't seen any details of the taxes Xu failed to pay, and Xu should not be accused of tax evasion.

The charge was brought after Gongmeng received a $100,000 donation from Yale University, Xu said, adding he did not think it was a problem to receive funds from abroad.

"Gongmeng is a non-profit group aimed at helping people who need legal advice and who have difficulty seeking justice. In that sense, I thought we didn't have to pay tax," Xu told China Daily.

Xu said he registered Gongmeng as a company instead of an NGO "for convenience".

He added he has been pleased with the support people have shown him.

"Now I know there are so many people who care about me. I'm really grateful and touched," Xu said.