Heavyweight|I was imprisoned and deported when I entered the United States. It turned out to be because of this incident重磅|入境美国被关监狱还遭驱逐，竟然是因为这个事儿
Heavyweight|I was imprisoned and deported when I entered the United States. It turned out to be because of this incident
In the past few days, Xiaohongshu's "repatriation after entering the United States + cancellation of visa + five days in prison" has become a hot post. The author Liu Xiaoyan used this title to highly summarize his unfortunate experience of trying to enter the United States from Brazil on a business trip in March this year.
Due to work, Liu Xiaoyan went on business trips to the United States many times, but this time he encountered Waterloo. The reason is incredible-his name and date of birth are exactly the same as a Chinese scientist on the US blacklist, so he was stopped by the border inspection when entering from Texas. It was not an accident to stop him. What was unexpected was that after the US border officers figured out that he was not the scientist, they still refused to allow him to be on camera because his father had served in the army and was a party member, and canceled his visa and served him in prison. He was not allowed to go back to Brazil to pick up his luggage and was sent back to Shanghai directly.
It has to be said that Liu Xiaoyan has been "implicated"—even though "wrong birth" was not his fault, it has become an eternal stalk between him and today's America.
What is even more astonishing is the comment below this article. There are many people in the message who broke out that similar people who entered the United States were inexplicably deported. It seems that when Chinese people visit the United States in the future, they will really "worship the Tathagata Jesus, Master Guan, etc." as Liu Xiaoyan suggested.
Although Liu Xiaoyan's encounter was enough to cause disaster, after all, he has a father who is a sensitive person, and he is not an American. Under the premise that national security interests are above all else, being suspected is considered "excusable". The experience of the Australian AC reported by the "South China Morning Post" is even more unfortunate and "outrageous".
AC has worked in China for 12 years. After returning to Australia in March this year, he was arrested and imprisoned. The reason is that he has provided and received reports on Australian defense and economic affairs to "individuals with links to Chinese intelligence agencies". However, AC said at the bail hearing that as a marketing expert, his job is to collect and analyze data to provide his Chinese clients with a feasibility analysis of expanding their markets in Australia. His information comes from the public information of the Australian government, and he just uses his language advantages and data analysis expertise to work.
His lawyer's comment is that the information disclosed by the Australian government is "on a large scale". For example, in the negotiations assisted by the Australian government, national security data on iron ore reserves were provided free of charge. The Australian police also confirmed that the so-called criminal evidence of AC is indeed some open information. Having said that, AC's "mistake" was to provide Chinese companies with paid information that was made public in Australia. It seems that using information asymmetry to make money has also become a high-risk business.
According to the analysis of the Zaobao reporter, the turning point for AC's behavior to become "high risk" was the implementation of the "Foreign Interference Registration Act" in Australia in 2018. Although this law is aimed at all foreign countries, it is more focused on China when it was created and implemented. Hence the tragedy of AC.
A spokesman for the Australian Lawyers Union on the country's criminal law said that such a broad conviction could lead to the conviction of many innocent acts. "A person commissioned by a Chinese company to conduct market research in Australia for their products may be subject to registration laws."
Not only that, Barnes, a senior Australian lawyer who has handled terrorism cases, worries that AC's arrest has sparked a bad start and "could lead to anyone doing legal work for a foreign country or a foreign company, including civil servants working overseas. Both journalists and journalists may become targets.” “And those institutions and individuals who really want to interfere can evade censorship after registering.”
Australian lawyer Wald's analysis of AC's "crime" is that another reason why AC was charged with the crime was that some of his clients were Chinese state-owned enterprises. "Similar to the United States, Australia is one of the few liberal democracies that criminalize foreign interference," Wald said. AC has yet to be tried in court, and Wald worries that the court trial may not be made public. The increase in confidentiality clauses will lead to a decrease in the transparency of Australian laws.
"Overall, there is concern that laws may allow powerful state institutions to dictate what people do or think."
"It is very dangerous for governments and agencies with secret arrest powers to dictate a country's political narrative, backed by a national criminal process."
"Once in this situation, the government will rarely be able to abide by the principles of morality and innocence."
AC was refused bail. His lawyer is worried about the development of the situation, "this case will be a test of freedom and the rule of law in Australia".
From the cases of Liu Xiaoyan and AC, it can be seen that the "foreign interference registration" not only has no effect on the effective management of foreign interference, but may also affect all people related to the "enemy country", not only Chinese - as long as fair and just principles are in place Things that are ignored in the law and randomly labeled as "Litong foreign countries" can happen anywhere.
Today, Canada, a member of the Five Eyes alliance, is following in the footsteps of the United States and Australia. Like Liu Xiaoyan and AC, the safety and equality of Canadians are at risk! Thousands of fellow Canadians have spoken out, demanding that the Government of Canada reconsider the proposed Foreign Influence Transparency Register!
The proposed "Registration Act" may only require certain states to register. Such selective registration would ignore negative influences from exempted countries; induce discrimination against Canadians with natural ties to countries selected for registration; and underestimate the risk of causing changes in the source of foreign negative influences over time .
It is hoped that the Canadian federal government will respect and protect the equal rights of citizens stipulated in the "Canadian Charter of Rights and Freedoms" - not to distinguish citizens by country of origin, ethnicity, religion, etc.
The federal government should be asked to reconsider—registration should not be based on country of origin, race, commercial and civil affiliation, much less personal opinion or speech.
You can speak up for safety and equality for all Canadians by signing the online parliamentary petition
The news about the reform of the Hate Nationalist Party has lied to us for 10 years!
About 10 years ago, a piece of news was widely disseminated by various media and attracted the attention of countless people.
This news is about: A certain college student climbed a tree to play in his spare time, saw a bird's nest, and caught a few birds on a whim.
As a result, people climbed trees and pots fell from the sky.
That bird was actually a protected wild animal, so the college student was sentenced to 10 years in prison, and his family members are still appealing for him.
One stone stirred up waves, and this piece of news was condensed into one sentence: A college student was sentenced to 10 years in prison for digging birds.
"This is simply a harsh punishment. It is too unreasonable. Just for this careless act, you will be sentenced to 10 years?"
"Human traffickers have only been sentenced to 7 years, but they were sentenced to 10 years for digging out a bird's nest. Is there any justice? Human life is not as valuable as the life of a bird?"
…
Since then, the 10-year sentence for the college student to dig a bird has become a stalk for criticizing judicial injustice and has been cited by countless people.
After Yan was sentenced, his father insisted on appealing, and was invited by several TV stations to do programs, in which he said:
They were on the poplar tree in front of their house. There was an old stork's nest in the countryside, and a magpie's nest in the book. Wang Yajun (Yan's neighbor) said: You look like a magpie's nest, let's dig it out.
This is what their classmate told me at the time, he certainly didn't know what kind of bird it was....
The child dug out a bird's nest in his own house, and the result was a ten-year prison sentence. I really can't justify it! Yan's experience won the sympathy of countless people. In a survey conducted by a well-known website, more than 88% of netizens believed that the sentence was too severe.....
The college student bird digging case happened in July 2014. The person concerned was Yan, a student of Zhengzhou Vocational and Technical College in Henan. During this period, Yan performed well in prison and won three chances for commutation of sentence. He is about to be released from prison, his father said. May continue to appeal.
For this matter, many media have already made preparations, intending to use this matter to create another buzz and arouse everyone's sympathy.
So what do we think?
In fact, I first remembered a story. In the prison, the prisoner William asked Peter in the same dormitory: How did you get in, buddy? What happened?
Peter said: I was walking by the river last year, and I saw a straw rope on the ground. I thought I could take it back and use it, so I took the straw rope away, but was arrested by the police the next day.
William said: Fuck, is there any law left.
Was Peter right? He was right, but he didn't tell you that there was a cow tied behind the straw rope.
Not to mention, there was a cowherd boy on the back of the bull, who was also abducted by Peter.
The bird-hunting case of college students has been cited by countless people in the past 10 years, but the truth behind it has not been studied deeply, and no one understands it.
Today, we will solve this mystery step by step.
First of all, the rare animal that Yan was involved in the case was the swallow falcon, which is extremely rare and is a second-class national protected animal.
In the movie No Man's Land performed by Huang Bo, Xu Zheng, etc., the reason for telling the story is that the boss of the poaching gang brutally killed the police in order to poach the falcon, and finally because of the falcon, the gangsters were beaten to death.
On the black market, the price of the swallow falcon is against the sky, and the top one can sell for 100,000 US dollars.
Worldwide, not only in China, but also in the International Union for Nature with 128 signatories, the Convention on International Trade in Endangered Species of Wild Fauna and Flora also lists the swallow falcon as a second-class protected animal.
Secondly, according to what the media said out of context, Yan accidentally found 16 falcons while climbing a tree, which is impossible!
Because the falcon only lays eggs once a year, there are at most three eggs at a time, and four eggs are extremely rare.
To find 16 falcons, Yan would have to dig at least 5 times, and I am afraid that there are only so many falcons in a hundred miles.
Because the falcon is a bird of prey, according to its living habits, the distance between nests is usually very far. It usually builds nests on tall trees at a height of more than 10 meters from the ground. It is definitely not easy to climb up with a ladder.
Again, Yan is by no means ignorant, but knowing the law and breaking the law.
Yan, a college student who has been packaged by the media, has rich experience in poaching wild animals. He is an active member of the group chat "Henan Falconry Interest Exchange Group". He has shared his "poaching results" many times in chat groups and post bars. Others introduced the living habits and characteristics of falcons, released news about selling wild animals many times, and can accurately name the prey...
In Yan's post, he said:
I am a hunting enthusiast, I kill a lot, will there be retribution?
That's not counting, he also showed his results...
What's more, in order to hunt more efficiently, Yan actually made his own firearms and showed them off in the post bar.
Of course, I estimate that this earth gun has limited lethality, otherwise, the sentence will not be only 10 years...
According to the testimonies provided by the public security organ, Yan knew very well that what he "dipped out" was a falcon, which is a nationally protected animal and a typical violation of the law.
In the end, Yan was not as simple as digging out birds or hunting them. Instead, he sold the illegally hunted falcons on the Internet, and wrote in it very sophisticatedly and cryptically, "Come in and see if you understand."
After hunting 12 falcons on July 14, 2014, Yan sold them to different buyers in Luoyang and Zhengzhou, making a profit of 1,080 yuan, and then hunted 4 falcons again on July 27...
At the same time, in addition to poaching and selling by himself, Yan also illegally purchased the crested goshawk, a national second-class protected animal, and has a certain understanding of illegal poaching channels;
In fact, the judgment on Yan is very clear:
Yan committed the crime of illegally hunting precious and endangered wild animals and was sentenced to ten years in prison;
The crime of illegally acquiring precious and endangered wild animals shall be sentenced to one year in prison;
Combination of two crimes, it is decided to implement a fixed-term imprisonment of ten years and six months and a fine of 10,000 yuan;
This is a legal judgment for illegal poachers. There are laws to follow and rules to follow. It is still posted on the website of the public judgment documents. As a result, it has been taken out of context by the media, and it has become the sentence of college students Taoniao being spread by everyone. 10 years.
So, is Yan wronged?
According to the first paragraph of Article 341 of the Criminal Law of the People's Republic of China:
Anyone who illegally hunts or kills rare or endangered wild animals under special state protection, or illegally purchases, transports or sells rare or endangered wild animals under special state protection and their products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined or confiscated property.
In addition, according to the law at that time, the appendix of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases Destroying Wildlife Resources" stipulates that killing, illegally purchasing, transporting, and selling six falcons is considered serious. In some cases, reaching 10 is a particularly serious situation.
And Yan captured and sold a total of 16 swallow falcons...
Is this sentencing heavy?
In fact, our laws have also been exploring and advancing. According to the Supreme Law and the Supreme People’s Procuratorate, a new judicial interpretation was issued in April 2022, which adjusted the conviction and sentencing standards for crimes that destroy wildlife resources. Instead of relying only on quantity theory, value should be used as the basic standard of conviction and sentencing, so as to better reflect the requirements of the principle of adapting crime to punishment.
Those who hunt wild animals worth 20,000 to 200,000 yuan shall be sentenced to less than 5 years in prison;
200,000 to 2,000,000, 5 to 10 years in prison;
If it is more than 2 million yuan, the sentence shall be more than 10 years;
However, what should be noted here is that it is talking about value, not profit. To put it simply, for example, I dug up the cable and sold it for 5 yuan, causing an economic loss of 10 million. The sentencing standard is definitely not It's not a matter of 5 yuan, but the value of the damage I caused.
That is to say, if Yan is selling protected animals in 2022, the sentence may not be 10 years, but it is definitely not a matter of one thousand dollars......
What I want to say is that Yan’s father defended his son and deliberately misinterpreted part of the truth. Perhaps it can be considered justifiable, but behind the whole incident, first of all, the unscrupulous media maliciously incited emotions and created conflicts. , intentionally taken out of context to create traffic passwords.
And this content has caused a climax of the party hating the country, inciting a large number of people who don't know the truth, spreading it wantonly, and maliciously attacking the judicial system...
The truth of the news should have been: criminals poached 16 falcons, a second-class protected animal, and made illegal profits. They were sentenced to 10 years in prison.
This content is reasonable, but in the mouth of bad media, in order to gain attention, it becomes:
A college student was sentenced to 10 years in prison for digging out the bird's nest in front of his house...
It has been almost 10 years since the incident happened. The case of digging out birds has become a classic in the mouth of the party who hates the country. It has been spread countless times, but no one pays attention to the truth behind it.
This reminds me of the death of a student from Chengdu No. 49 Middle School the year before last. After the incident, the leader of the Hate Nationalist Party, that man by the cesspit, trembled with excitement, unwilling to wait a minute, and wrote a very Incendiary: Letting the bullets fly for a while should not be an excuse for your indifference.
This article full of rumors, confusing black and white, and deceiving the public quickly became a hot topic and was reposted frantically.
What is written, meaning: what? You still have to wait for the investigation and the truth, you are too indifferent, you should hurry up and make trouble! Express your dissatisfaction now!
This article caused a collective climax of the National Hate Party under his command. For a while, demons danced wildly on the Internet, demanding that innocent schools and teachers be severely punished...
They pretended to be filled with righteous indignation, and even shed a few tears to express their sympathy for the students, but in fact they could not conceal their inner ecstasy...
What they're trying to say is: Truth, fuck the truth, I'll kill you when I get a chance!
They don't care about the college students who dig out birds, nor the students who unfortunately fall from the building...
Of course they don't care how many bowls of noodles you ate, they just want to cut open your stomach!
重磅|入境美国被关监狱还遭驱逐，竟然是因为这个事儿
这几天小红书的“入境美国被遣返+注销签证+蹲了五天监狱”成了热帖。作者刘小眼将今年三月份从巴西出差到美国入境未遂的不幸经历用此标题高度概括。
由于工作关系，刘小眼多次去美国出差，这次却遭遇了滑铁卢。原因匪夷所思——他的名字和出生年月日与美国黑名单上一位中国科学家一模一样，所以在从德州入境时被边检拦下。拦下不是什么意外，意外的是，美国边境人员在搞清楚后他不是那位科学家后，仍然以他父亲曾参军入伍及是党员，而拒绝让他入镜，并注销签证、监狱伺候，还不让他回巴西取行李、直接被遣返上海。
不能不说，刘小眼被“株连”了——“投错了胎”尽管不是他的错，却成了他和如今这个美国之间永恒的梗。
更令人惊叹的是这篇文章下面的留言。留言中不乏有人爆出类似的入境美国被莫名其妙地驱逐。看来以后中国人访美，真要像刘小眼建议的“拜拜如来耶稣关老爷之类”。
刘小眼的遭遇虽然已够飞来横祸，但是毕竟他有个爹是敏感人员，他又不是美国人，在国家安全利益高于一切的前提下，被怀疑也算“有情可原”。而《南华早报》报道的澳大利亚人AC的遭遇则更不幸得“离谱”。
AC在中国工作了12年。今年3月回到澳洲后被捕入狱。原因是他曾向“与中国情报机构有联系的个人”提供了有关澳洲国防和经济事务的报告并收取费用。但是，AC在保释听证会上说，作为市场营销专家，他的工作就是搜集和分析数据，为他的中国客户提供在澳洲拓展市场的可行性分析。他的信息资料来源于澳洲政府的公开信息，他只不过是利用语言的优势和数据分析的特长去工作。
他的律师的注解是，澳洲政府公开的信息“尺度很大”，比如在澳大利亚政府协助的谈判中，有关铁矿石储量的国家安全数据是免费提供的。澳洲警方也证实了所谓AC的罪证确实是一些开放的信息。如此说了，AC的“错误”在于将澳洲公开的信息有偿提供给了中国公司。看来利用信息不对称赚钱也成了高风险生意。
根据早报记者的分析，AC的行为变成“高危”的转折点是2018年澳洲实行了“外国干涉注册法”。尽管这部法律是针对全部外国，可是在创立和执行时更侧重于中国。因此才有了AC的悲剧。
澳大利亚律师联盟关于国家刑法的发言人说，这样广泛的定罪，可以导致许多无辜的行为入罪。“一个受中国公司委托为他们的产品在澳大利亚进行市场调查的人可能受到登记法的约束。”
不仅如此，处理过恐怖主义案件的澳洲资深律师巴恩斯担心，AC的被捕引发了一个不好的开始，“可能导致任何为外国或外国公司从事合法工作的人，包括在海外工作的公务员和记者，都可能成为目标。”“而那些真正想干涉的机构和个人，登记后反而可以逃避审查。”
澳洲律师华尔德对AC的“罪行”的分析是，AC被指控有罪的另一个原因是他的客户中有中国的国企。华尔德说，“与美国类似，澳洲是少数几个将外国干涉行为定为犯罪的自由民主国家之一。”目前AC尚未被法院审判，华尔德担心，法院的审判可能不会公开。保密条款的增加会导致澳洲的法律的透明度降低。
“总的说来，令人担忧的是，法律可能允许强大的国家机构决定人们的行为或想法。”
“政府和拥有秘密逮捕权的机构在国家刑事程序的支持下，决定一个国家的政治叙事是非常危险的。”
“一旦陷入这样的局面，政府将很少能遵守道德和清白原则。”
AC被拒绝保释。他的律师事态的发展感到忧虑，“这个案件将是对澳洲自由和法治的考验”。
从刘小眼和AC的事例可知，“外国干涉登记”不仅对有效管理外国干涉毫无作用，还可能殃及所有与“敌国”相关的人，不仅是华裔——只要公平、公正的准则在法律中被忽视，乱扣“里通外国”帽子的事情在哪里都可能发生。
如今，作为五眼联盟的加拿大也在步美国和澳洲的后尘。同刘小眼、AC一样，加拿大人的安全和平等正处于危险之中！数以千计的加拿大同胞已经发声，要求加拿大政府重新考虑拟议的“外国影响透明度登记”！
拟议中的“登记法”可能会只要求某些国家进行登记。这种选择性登记将忽视那些来自被豁免国家的负面影响；引发对与这些被选择登记的国家有自然联系的加拿大人的歧视；会低估随着时间的推移引起外国负面影响来源地变化的风险。
希望加拿大联邦政府尊重和保护《加拿大权利和自由宪章》规定的国民平等权利——不以来源国、族裔、宗教等区分国民。
应该要求联邦政府重新考虑——登记不应基于原籍国、种族、商业和民间的隶属关系，更不应基于个人的观点或言论。
您可以为所有加拿大人的安全和平等而发声，签署在线国会请愿书
恨国党魔改的这条新闻，骗了我们整整10年！
根据公安机关提供的证词，闫某非常清楚知道自己「掏」的就是燕隼，是国家保护动物，是典型的知法犯法。
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