Boycott of “Seat-Grabbing” Auditing: Beijing Lawyer Detained in Custody Room

On July 15th, during a court hearing in Jinan, lawyer Hou Zhiyuan from the Beijing Zhongwen Law Firm noticed that more than ten unidentified individuals were sitting in the gallery flipping through case files without undergoing any security checks. Suspecting that these individuals were part of a “seat-blocking tactic,” he decided to capture evidence by taking photos. Surprisingly, he was ordered by the judge to be detained in the underground holding room for a staggering 20 minutes, which led to hypertension, heart discomfort, and the need for medical attention. This incident sparked outrage among the public, with numerous lawyers coming forward to support him.

On the same day, Hou Zhiyuan posted multiple messages, stating, “For the first time in my life, I was compelled to ‘rest’ inside a detention room (iron cage) at the court.”

He revealed that on that morning, lawyer Wang Qing was facing a fraud case in court, and many audience members had already started queuing outside the Jinan Intermediate People’s Court as early as 8 o’clock. Upon entering the courtroom, it was discovered that the gallery seats had been occupied in advance by over a dozen individuals of unknown identity, holding the defendant’s confidential information and using their phones. Furthermore, the court did not allow Wang Qing’s lawyers to observe, nor did they permit the use of phones or notebooks to take notes.

In response, before the hearing began, Hou Zhiyuan recorded a video of these “seat-blockers,” leading to his phone being confiscated by the presiding judge Sun Zhibin. Following this, Hou Zhiyuan insisted on retrieving those confidential documents for evidence, resulting in Sun Zhibin accusing him of “disrupting the court order” and detaining him in the underground holding room.

After being detained for 20 minutes, Hou Zhiyuan experienced symptoms such as high blood pressure and chest tightness, prompting the court to call emergency services for medical assistance.

The term “seat-blocking tactic” refers to the pre-arrangement of individuals occupying courtroom gallery seats to obstruct or crowd out the presence of actual relevant parties, such as the defendant’s family, media reporters, or the general public, from participating in the court hearing.

On the same day, lawyer Li Aijun from the Beijing Zhongxun Law Firm posted on social media, revealing that lawyers present as audience members requested the presiding judge to stop the illegal behavior and release lawyer Hou. The judge claimed that they did not detain Hou but allowed him to “rest inside,” stating, “After the adjournment, we visited lawyer Hou at the hospital. He mentioned that he fainted in the holding room and took quick-acting heart pills, this being his first time being detained in a court holding room.”

This incident has stirred up intense reactions within the legal community, with some lawyers condemning the court’s actions as “lawlessness.” Many lawyers have expressed their support for Hou Zhiyuan through online posts.

Lawyer Fan Chen from the Beijing Jingshi Law Firm posted, saying, “Lawyer Hou Zhiyuan raised concerns about abnormal courtroom situations, captured evidence outside of court hours, which is entirely legitimate. Taking him away and detaining him with the defendant, what is the intention behind this? Lawyer’s legal rights were blatantly violated in Jinan, what is the motive behind this?

According to lawyer Ming Lingshi, five rows of seats were removed, and eight to nine people entered the courtroom aisle before the doors opened, carrying case materials, pens, and paper, blocking out lawyers, citizens, and the defendant’s family interested in the case from entering the courtroom.

Lawyer Wang Cailiang from the Beijing Cailiang Law Firm questioned in his post, “In a certain court, controversy arose during a trial, leading to the confinement of the lawyer who dared to dispute in a cage. Hence, a media person raised a historic question: ‘Isn’t it said that power should be caged? How come lawyers are being caged?’

…The duties performed by lawyers stem from the trust placed in them by their clients, derived from the rights of legal representation. The purpose of a lawyer’s work is to effectively safeguard the lawful rights of their clients. Therefore, confining lawyers like caged animals violates their rights to practice and jeopardizes the rule of law we are striving to build, demanding high attention and respect.”

In a post by lawyer Zhou Xiaoyun from the Guangdong Guangqiang Law Firm, it was alleged, “Isn’t it said that power should be caged? How come lawyers are being caged, and in iron cages non-metaphorically? This incident occurred at the Jinan Intermediate People’s Court in Shandong Province. It is outrageous! Previously, someone told me that the legal environment in Shandong was much better than in the northeast, but this incident proves otherwise.”

On July 16th, Hou Zhiyuan took to social media, declaring, “You detained me in a cage for twenty minutes, and I will sue you for a lifetime!”