First big test for China's property rights law

Couple who defy eviction order pin their hopes on newly passed law


BEIJING - PERCHED precariously on a solitary outcrop at the centre of an excavated pit, the weather-worn brick structure resembles a mediaeval fortress surrounded by a moat.

On the roof, China's national flag flutters from a pole. Two banners, each bearing a line from China's Constitution, adorn the walls.

One reads: 'Citizens' legitimate private property is not to be violated.' The other: 'The country respects and protects human rights.'

Ms Wu Ping and her husband Yang Wu, the owners of the two-storey house in a western Chongqing district, could not have chosen more powerful phrases with which to advance their crusade.

Over the past three years, the couple have been feuding with developers over compensation for demolishing their 218 sq m house to make way for a modern commercial and residential complex.

The Yangs have reportedly refused substantial cash compensation and housing options offered by the developers. They want a replacement property of the same area, height and orientation, in the exact same spot.

Ms Wu, the more media- savvy campaigner of the two, is fond of invoking her constitutional rights when defending her demands.

'No one can force someone off their legal property. I am only protecting my own rights and interests,' she told reporters, when asked why she is refusing to budge.

Although some deem her demands unreasonable, thousands of others who have seen pictures of the 'nailhouse' online - so-called because it persists like a stubborn nail - are siding with the underdog in this David- takes-on-Goliath fight.

Besides its populist appeal, the case has also taken on wider significance.

In a country where developers, in collusion with corrupt officials, carry out illegal land seizures and relocations that displace thousands from their homes each year, the couple's fight to defend their property rights has become a national cause celebre for other disgruntled residents.

Making waves just weeks after China's Parliament passed a property rights law, the 'nailhouse' issue also raises questions about whether Beijing will make good on its promise to safeguard private home ownership.

Local media have dubbed the case the first 'major test' for the law, which goes into effect in October.

Many are following the unfolding drama to see how the law - which grants equal legal protection for private and state property - can be applied to ensure a fair outcome for all parties.

It is a new legislation that property developers and local officials cannot afford to ignore.

Over the weekend, President Hu Jintao gave the Bill its highest affirmation, saying it was 'highly important' for improving China's legal system and building a country ruled by law.

'What this row has highlighted to people is that, under the new property rights law, they should stand up to protect their rights,' said Professor Jiang Wenran, a China watcher at the University of Alberta.

Ms Wu says she is confident that, if applied, the property law would be in her favour. 'I support it totally, it is designed to protect ordinary citizens like myself,' she told The Straits Times.

Although a local court handed down an eviction order against the couple last week, there was no sign of a demolition crew at the construction site yesterday.

Mr Wang Wei, a spokesman for the developers, said they were still willing to negotiate. 'We will not resort to heavy-handed methods, we will do everything lawfully,' he said.

Chongqing officials, who have so far stayed clear of the fray, said on Monday that they would try to solve the standoff 'appropriately'. But they added that unreasonable demands would not be tolerated.

Rumour has it that the house could be torn down this week.

However, the fact that the 'nailhouse' has not yet been 'hammered in' says something about respect for the law, said Prof Jiang.

'There was no forced demolition, which shows the law is playing a role here. This is progress for China.'